Wood Mouldings and Millwork Products From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; Final Determination of No Shipments; and Partial Rescission; 2020-2022, 62539-62542 [2023-19629]

Download as PDF Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices Dated: August 30, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. FOR FURTHER INFORMATION CONTACT: Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Currency Conversion VI. Recommendation [FR Doc. 2023–19627 Filed 9–11–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–117] Wood Mouldings and Millwork Products From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; Final Determination of No Shipments; and Partial Rescission; 2020–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that Yinfeng Imp & Exp Trading Co., Ltd./ Fujian Province Youxi City Mangrove Wood Machining Co., Ltd. (Yinfeng/ Mangrove), Fujian Jinquan Trade Co., Ltd./Fujian Province Youxi County Baiyuan Wood Machining Co., Ltd. (Jinquan/Baiyuan) and 29 nonindividually examined exporters of wood mouldings and millworks products (WMMP) from the People’s Republic of China (China) did not sell subject merchandise to the United States at prices below normal value (NV) during the period of review (POR), August 12, 2020, through January 31, 2022. Commerce further determines that Fujian Shunchang Shengsheng Wood Industry Limited Company (Shunchang Shengsheng), Xiamen Jinxi Building Material Co., Ltd. (Xiamen Jinxi), and Zhangzhou Green Wood Industry and Trade Co., Ltd. (Greenwood) made no shipments of subject merchandise during the POR and that Gaomi Hongtai Home Furniture Co., Ltd. has not established eligibility for a separate rate and, therefore, is part of the China-wide entity. Additionally, we are rescinding this administrative review with respect to three companies that are not eligible for review because they either had no reviewable entries during the POR or are U.S. resellers. DATES: Applicable September 12, 2023. lotter on DSK11XQN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 17:32 Sep 11, 2023 Jkt 259001 Samantha Kinney or Brian Smith, AD/ CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2285 or (202) 482–1766, respectively. SUPPLEMENTARY INFORMATION: Background On March 7, 2023, Commerce published the Preliminary Results.1 For events subsequent to the Preliminary Results, see the Issues and Decision Memorandum.2 Scope of the Order 3 The merchandise covered by the Order is wood mouldings and millwork products, which are primarily classifiable under subheadings 4409.10.0500, 4409.10.1020, 4409.10.1040, 4409.10.1060, 4409.10.1080, 4409.10.4010, 4409.10.4090, 4409.10.4500, 4409.10.5000, 4409.10.9020, 4409.10.9040, 4409.22.0590, 4409.22.1000, 4409.22.4000, 4409.22.5000, 4409.22.5020, 4409.22.5040, 4409.22.5060, 4409.22.5090, 4409.22.9000, 4409.22.9020, 4409.22.9030, 4409.22.9045, 4409.22.9060, 4409.22.9090, 4409.29.0665, 4409.29.1100, 4409.29.4100, 4409.29.5100, 4409.29.9100, 4412.99.5115, 4412.99.9500, 4418.91.9095, and 4421.91.9780 of the of the Harmonized Tariff Schedule of the United States (HTSUS). WMMP may also enter under HTSUS numbers 4409.10.6000, 4409.10.6500, 4409.22.6000, 4409.22.6500, 4409.29.6100, 4409.29.6600, 4412.41.0000, 4412.42.0000, 4412.49.0000, 4412.91.5115, 4412.92.5215, 4412.99.9700, 4418.20.4000, 4418.20.8030, 4418.20.8060, 4418.91.9195, 1 See Wood Mouldings and Millwork Products from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments, and Rescission in Part; 2020–2022, 88 FR 14139 (March 7, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Wood Mouldings and Millwork Products from the People’s Republic of China: Issues and Decision Memorandum for the Final Results of the 2020–2022 Antidumping Duty Administrative Review,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Wood Mouldings and Millwork Products from the People’s Republic of China: Amended Final Antidumping Duty Determination and Antidumping Duty Order, 86 FR 9486 (February 16, 2021) (Order). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 62539 4418.99.9095, 4418.99.9195, 4421.91.9880, 4421.99.9780, and 4421.99.9880. While the HTSUS subheading and ASTM specification are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. A full description of the scope of the Order is contained in the Issues and Decision Memorandum. Analysis of Comments Received All issues raised by interested parties in briefs are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is provided in Appendix I to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Changes Since the Preliminary Results Based on our verification findings, review of the record, and comments received from interested parties regarding our Preliminary Results, we made changes to the margin calculations for Jinquan/Baiyuan and Yinfeng/ Mangrove.4 Final Determination of No Shipments In the Preliminary Results, we preliminarily determined that Shunchang Shengsheng, Xiamen Jinxi, and Green Wood had no shipments of subject merchandise to the United States during the POR.5 No party filed comments with respect to this preliminary finding and we received no information to contradict it. Therefore, we continue to find that these three companies had no shipments of subject merchandise during the POR and will issue appropriate liquidation instructions that are consistent with our ‘‘automatic assessment’’ clarification for these final results.6 4 See Issues and Decision Memorandum; see also Memorandum, ‘‘Final Results Calculation Memorandum for Jinquan/Baiyuan,’’ dated concurrently with this notice; and Memorandum, ‘‘Final Results Calculation Memorandum for Yinfeng Imp & Exp Trading Co., Ltd/Fujian Province Youxi City Mangrove Wood Machining Co., Ltd.,’’ dated concurrently with this notice. 5 See Preliminary Results, 88 FR at 14140. 6 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment Practice Refinement). E:\FR\FM\12SEN1.SGM 12SEN1 62540 Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices Partial Rescission In the Preliminary Results, Commerce determined that China Cornici Co. Ltd. (China Cornici) had no suspended entries of subject merchandise during the POR. After analysis of comments received from interested parties and the record information, we continue to determine that China Cornici had no reviewable entries of subject merchandise during the POR.7 Therefore, we are rescinding this review with respect to China Cornici in accordance with 19 CFR 351.213(d)(3). In the Preliminary Results, Commerce determined that TL Wood Products Inc. (TL Wood) and Aventra, Inc. (Aventra) were not eligible for review pursuant to 19 CFR 351.213(b)(1), because record evidence indicates that they are U.S. resellers. After analysis of the comments received from interested parties and the record information, we continue to determine that TL Wood and Aventra are U.S. resellers and not eligible for review pursuant to 19 CFR 351.213(b)(1).8 Therefore, we are rescinding this review with respect to TL Wood and Aventra in accordance with 19 CFR 351.213(d)(3). Separate Rate Respondents In our Preliminary Results, we determined that 29 companies demonstrated their eligibility for separate rates.9 We received arguments from interested parties since the issuance of the Preliminary Results. After an analysis of these comments, we continue to find that each of these 29 companies 10 is eligible for a separate rate, as indicated in the table in the ‘‘Final Results of Review’’ section of this notice.11 Rate for Non-Examined Separate Rate Respondents The statute and our regulations do not address the establishment of a rate to be assigned to respondents not selected for individual examination when we limit our examination of companies subject to the administrative review pursuant to section 777A(c)(2)(B) of the Tariff Act of 1930, as amended (the Act). Generally, we look to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the rate for respondents not individually examined in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally ‘‘an amount equal to the weighted average of the estimated weighted average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely {on the basis of facts available}.’’ Accordingly, Commerce’s usual practice in determining the rate for separate-rate respondents not selected for individual examination, has been to average the weighted-average dumping margins of the selected companies, excluding rates that are zero, de minimis, or based entirely on facts available.12 However, when the weighted-average dumping margins established for all individually investigated respondents are zero, de minimis, or based entirely on facts available, section 735(c)(5)(B) of the Act permits Commerce to ‘‘use any reasonable method to establish the estimated all-others rate for exporters and producers not individually investigated, including averaging the estimated weighted-average dumping margins determined for the exporters and producers individually investigated.’’ 13 Because in these final results of this review we calculated a dumping margin of zero for both Yinfeng/Mangrove and Jinquan/ Baiyuan, we assigned a zero dumping margin to the separate rate respondents that we did not individually examine consistent with Commerce’s practice and section 735(c)(5)(B) of the Act.14 The China-Wide Entity In the Preliminary Results, Commerce found that Gaomi Hongtai did not establish eligibility for a separate rate because it did not file a timely separate rate application or a separate rate certification, as appropriate.15 After analyzing the comments received from interested parties and record information, we continue to determine that Gaomi Hongtai did not establish its eligibility for a separate rate.16 Therefore, for these final results, we determine Gaomi Hongtai to be part of the China-wide entity. Because no party requested a review of the China-wide entity, and Commerce no longer considers the China-wide entity as an exporter conditionally subject to administrative reviews,17 we did not conduct a review of the China-wide entity. Thus, the weighted-average dumping margin for the China-wide entity, as adjusted for export subsidies (i.e., 220.87 percent),18 is not subject to change as a result of this review. Final Results of Review For companies subject to this review which established their eligibility for a separate rate, Commerce determines that the following weighted-average dumping margins exist for the period August 12, 2020, through January 31, 2022: Weighted-average dumping margin (percent) Exporters lotter on DSK11XQN23PROD with NOTICES1 Fujian Jinquan Trade Co., Ltd./Baiyuan Wood Machining Co., Ltd .............................................................................................. Yinfeng Imp & Exp Trading Co., Ltd./Fujian Province Youxi City Mangrove Wood Machining Co., Ltd ..................................... Non-Selected Companies Under Review Receiving a Separate Rate 19 ..................................................................................... 7 See Issues and Decision Memorandum at Comment 15 for further discussion. 8 Id. at Comment 16 for further discussion. 9 See Preliminary Results PDM at 10–13. 10 See Appendix II for a list of these companies. 11 See Issues and Decision Memorandum at Comments 12 through 19 for further discussion. 12 See Longkou Haimeng Mach. Co. v. United States, 581 F. Supp. 2d 1344, 1357–60 (CIT 2008) (affirming Commerce’s determination to assign a 4.22 percent dumping margin to the separate-rate respondents in a segment where the three VerDate Sep<11>2014 20:00 Sep 11, 2023 Jkt 259001 mandatory respondents received dumping margins of 4.22 percent, 0.03 percent, and zero percent, respectively); see also Certain Kitchen Appliance Shelving and Racks from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 74 FR 36656, 36660 (July 24, 2009). 13 See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. Cir. 2016). 14 See Preliminary Results PDM at 14; and section 735(c)(5)(B) of the Act. 15 See Preliminary Results PDM at 13–14. 16 See Issues and Decision Memorandum at Comment 14 for further discussion. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 0.00 0.00 0.00 17 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 65969–70 (November 4, 2013). 18 See Order, 86 FR at 9488. The weighted-average dumping margin for the China-wide entity (231.60 percent) was adjusted for export subsidies to determine the cash deposit rate (220.87 percent) for companies in the China-wide entity. 19 See Appendix II. E:\FR\FM\12SEN1.SGM 12SEN1 Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 Disclosure We intend to disclose the calculations performed to parties in this proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Assessment Rates Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), Commerce has determined, and U.S Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with these final results of review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of these final results. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). For Yinfeng/Mangrove, Jinquan/ Baiyuan and the other respondents which were not selected for individual examination and which qualified for a separate rate, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.20 For entries that were not reported in the U.S. sales databases submitted by Yinfeng/Mangrove and Jinquan/Baiyuan during this review, Commerce will instruct CBP to liquidate such entries at the China-wide rate (i.e., 220.87 percent). For the company identified as part of the China-wide entity, Gaomi Hontai, we will instruct CBP to apply the Chinawide rate (i.e., 220.87 percent) to all entries of subject merchandise during the POR which were exported by this company. For Shunchang Shengsheng, Xiamen Jinxi, and Green Wood, which Commerce determined had no shipments of the subject merchandise during the POR, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s cash deposit rate) will be liquidated at the rate for the China-wide entity, consistent with Commerce’s assessment practice in non-market economy cases.21 For China Cornici, TL Wood, and Aventra, for which the administrative review is rescinded, antidumping duties shall be assessed at a rate equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from 20 See 19 CFR 351.106(c)(2). a full discussion of this practice, see Assessment Practice Refinement, 76 FR at 65694. 21 For VerDate Sep<11>2014 17:32 Sep 11, 2023 Jkt 259001 warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) for Jinquan/ Baiyuan, Yinfeng/Mangrove, and the other companies which were found eligible for a separate rate, the cash deposit rate will be zero; (2) for previously investigated or reviewed Chinese and non-Chinese exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this proceeding in which they were reviewed; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be equal to the weighted-average dumping margin for the China-wide entity (i.e., 220.87 percent); and (4) for all non-Chinese exporters of subject merchandise which have not received their own separate rate, the cash deposit rate will be the rate applicable to the Chinese exporter(s) that supplied that nonChinese exporter. These per-unit cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping and/or countervailing duties has occurred and the subsequent assessment of double antidumping duties, and/or increase in the amount of antidumping duties by the amount of the countervailing duties. Administrative Protective Order (APO) This notice also serves as a reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 62541 proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing these final results of administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5). Dated: September 5, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues General Comment 1: Whether to Apply Adverse Facts Available to Yinfeng/Mangrove Comment 2: Whether to Apply AFA to Jinquan/Baiyuan Comment 3: Market Economy Inputs Comment 4: Importer-Specific Assessment Rates Comment 5: Valuation of Water-Based Paint Jinquan/Baiyuan Comment 6: Valuation of Power Adhesive of Pre-Gelatinized Starch Comment 7: Valuation of Polyvinyl Alcohol Comment 8: Jinquan/Baiyuan’s Electricity Offset Comment 9: Clerical Errors in Jinquan/ Baiyuan’s Margin Calculations Yinfeng/Mangrove Comment 10: Valuation of Acrylic Polymer Comment 11: Yinfeng/Mangrove’s Radiata Pine Log Inputs Separate Rate Companies Comment 12: Whether Raoping HongRong Is Eligible for a Separate Rate Comment 13: Whether Bel Trade Is Eligible for a Separate Rate Comment 14: Whether to Rescind the Review for Gaomi Hongtai Comment 15: Whether China Cornici Is Eligible for a Separate Rate Comment 16: Whether TL Wood Is Eligible for a Separate Rate Comment 17: Clarification of Chen Sheng’s Separate Rate Comment 18: Whether Shenzhen Xinjintai Industrial Co., Ltd. Is Eligible for a Separate Rate Comment 19: Whether Shaxian Hengtong Wood Industry Co., Ltd. Is Eligible for a Separate Rate VI. Recommendation E:\FR\FM\12SEN1.SGM 12SEN1 62542 Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices Appendix II—Non-Selected Companies Under Review Receiving a Separate Rate 1. Anji Huaxin Bamboo & Wood Products Co., Ltd. 2. Baixing Import and Export Trading Co., Ltd Youxi Fujian 3. Bel Trade Wood Industrial Co., Ltd Youxi Fujian 4. Fotiou Frames Limited 5. Fujian Hongjia Craft Products Co., Ltd. 6. Fujian Sanming City Donglai Wood Co., Ltd 7. Fujian Wangbin Decorative Material Co., Ltd 8. Fujian Youxi Best Arts & Crafts Co. Ltd 9. Fujian Zhangping Kimura Forestry Products Co., Ltd. 10. Homebuild Industries Co., Ltd. 11. Jiangsu Chen Sheng Forestry Development Co., Ltd. 12. Jiangsu Wenfeng Wood Co., Ltd. 13. Jim Fine Wooden Products Co., Ltd. 14. Longquan Jiefeng Trade Co., Ltd. 15. Nanping Huatai Wood & Bamboo Co., Ltd 16. Omni One, Co., Limited 17. Putian Yihong Wood Industry Co., Ltd. 18. Raoping HongRong Handicrafts, Co., Ltd. 19. Shandong Miting Household Co., Ltd. 20. Shaxian Hengtong Wood Industry Co., Ltd 21. Shaxian Shiyiwood, Ltd 22. Shenzhen Xinjintai Industrial Co., Ltd. 23. Shuyang Kevin International Co., Ltd 24. Sun Valley Shade Co., Ltd. 25. Suqian Sulu Import & Export Trading Co., Ltd 26. Tim Feng Manufacturing Co., Ltd. 27. Wuxi Boda Bamboo & Wood Industrial Co., Ltd. 28. Zhangzhou Wangjiamei Industry & Trade Co., Ltd. 29. Zhangzhou Yihong Industrial Co., Ltd. [FR Doc. 2023–19629 Filed 9–11–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–150] Tin Mill Products From the People’s Republic of China: Postponement of Final Determination in the Less-ThanFair-Value Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) is postponing the deadline for issuing the final determination in the less-than-fair-value (LTFV) investigation of tin mill products from the People’s Republic of China (China) until January 4, 2024, and is extending the provisional measures from a four-month period to a six-month period. DATES: Applicable September 12, 2023. lotter on DSK11XQN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 17:32 Sep 11, 2023 Jkt 259001 FOR FURTHER INFORMATION CONTACT: Samuel Frost, AD/CVD Operations V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–8180. SUPPLEMENTARY INFORMATION: Background On February 14, 2023, Commerce initiated an LTFV investigation of imports of tin mill products from China.1 The period of investigation is July 1, 2022, through December 31, 2022. On August 22, 2023, Commerce published the Preliminary Determination, in which Commerce preliminarily determined that tin mill products from China are being, or are likely to be, sold in the United States at LTFV.2 Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(2) provide that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters or producers who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioners.3 Further, 19 CFR 351.210(e)(2) requires that such postponement requests by exporters be accompanied by a request for extension of provisional measures from a fourmonth period to a period not more than six months, in accordance with section 733(d) of the Act. On August 31, 2023, Shougang Jingtang United Iron & Steel Co., Ltd. (Shougang Jingtang), an exporter and producer accounting for a significant proportion of exports of subject merchandise, requested that Commerce postpone the deadline for final determination and extend the 1 See Tin Mill Products from Canada, the People’s Republic of China, Germany, the Netherlands, the Republic of Korea, Taiwan, the Republic of Turkey, and the United Kingdom: Initiation of Less-ThanFair-Value Investigations, 88 FR 9481 (February 14, 2023) (Initiation Notice). 2 See Tin Mill Products from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical Circumstances, 88 FR 57099 (August 22, 2023) (Preliminary Determination). 3 The petitioners are Cleveland-Cliffs, Inc. and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 application of the provisional measures from a four-month period to a period of not more than six months.4 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary determination was affirmative; (2) the request for postponement was made by an exporter/producer who accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination until no later than 135 days after the date of publication of the Preliminary Determination, and extending the provisional measures from a four-month period to a period of not more than six months. Accordingly, Commerce will issue its final determination no later than January 4, 2024.5 Notification to Interested Parties This notice is issued and published pursuant to section 735(a)(2) of the Act and 19 CFR 351.210(g). Dated: September 6, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–19682 Filed 9–11–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–520–804] Certain Steel Nails From the United Arab Emirates: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on certain steel nails (steel nails) from the United Arab Emirates (UAE) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United AGENCY: 4 See Shougang Jingtang’s Letter, ‘‘Request to Extend Final Results,’’ dated August 31, 2023. 5 Because Commerce previously aligned the deadline for the final determination of the companion countervailing duty (CVD) investigation of tin mill products from China with the deadline for this investigation, the deadline for issuing the final determination in the CVD investigation is also January 4, 2024. See Tin Mill Products from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination with Final Antidumping Duty Determination, 88 FR 41373 (June 26, 2023). E:\FR\FM\12SEN1.SGM 12SEN1

Agencies

[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Notices]
[Pages 62539-62542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19629]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-117]


Wood Mouldings and Millwork Products From the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review; 
Final Determination of No Shipments; and Partial Rescission; 2020-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Yinfeng Imp & Exp Trading Co., Ltd./Fujian Province Youxi City Mangrove 
Wood Machining Co., Ltd. (Yinfeng/Mangrove), Fujian Jinquan Trade Co., 
Ltd./Fujian Province Youxi County Baiyuan Wood Machining Co., Ltd. 
(Jinquan/Baiyuan) and 29 non-individually examined exporters of wood 
mouldings and millworks products (WMMP) from the People's Republic of 
China (China) did not sell subject merchandise to the United States at 
prices below normal value (NV) during the period of review (POR), 
August 12, 2020, through January 31, 2022. Commerce further determines 
that Fujian Shunchang Shengsheng Wood Industry Limited Company 
(Shunchang Shengsheng), Xiamen Jinxi Building Material Co., Ltd. 
(Xiamen Jinxi), and Zhangzhou Green Wood Industry and Trade Co., Ltd. 
(Greenwood) made no shipments of subject merchandise during the POR and 
that Gaomi Hongtai Home Furniture Co., Ltd. has not established 
eligibility for a separate rate and, therefore, is part of the China-
wide entity. Additionally, we are rescinding this administrative review 
with respect to three companies that are not eligible for review 
because they either had no reviewable entries during the POR or are 
U.S. resellers.

DATES: Applicable September 12, 2023.

FOR FURTHER INFORMATION CONTACT: Samantha Kinney or Brian Smith, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2285 or (202) 482-1766, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 7, 2023, Commerce published the Preliminary Results.\1\ 
For events subsequent to the Preliminary Results, see the Issues and 
Decision Memorandum.\2\
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    \1\ See Wood Mouldings and Millwork Products from the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review and Preliminary Determination of No Shipments, 
and Rescission in Part; 2020-2022, 88 FR 14139 (March 7, 2023) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Wood Mouldings and Millwork Products from 
the People's Republic of China: Issues and Decision Memorandum for 
the Final Results of the 2020-2022 Antidumping Duty Administrative 
Review,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Order 3
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    \3\ See Wood Mouldings and Millwork Products from the People's 
Republic of China: Amended Final Antidumping Duty Determination and 
Antidumping Duty Order, 86 FR 9486 (February 16, 2021) (Order).
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    The merchandise covered by the Order is wood mouldings and millwork 
products, which are primarily classifiable under subheadings 
4409.10.0500, 4409.10.1020, 4409.10.1040, 4409.10.1060, 4409.10.1080, 
4409.10.4010, 4409.10.4090, 4409.10.4500, 4409.10.5000, 4409.10.9020, 
4409.10.9040, 4409.22.0590, 4409.22.1000, 4409.22.4000, 4409.22.5000, 
4409.22.5020, 4409.22.5040, 4409.22.5060, 4409.22.5090, 4409.22.9000, 
4409.22.9020, 4409.22.9030, 4409.22.9045, 4409.22.9060, 4409.22.9090, 
4409.29.0665, 4409.29.1100, 4409.29.4100, 4409.29.5100, 4409.29.9100, 
4412.99.5115, 4412.99.9500, 4418.91.9095, and 4421.91.9780 of the of 
the Harmonized Tariff Schedule of the United States (HTSUS). WMMP may 
also enter under HTSUS numbers 4409.10.6000, 4409.10.6500, 
4409.22.6000, 4409.22.6500, 4409.29.6100, 4409.29.6600, 4412.41.0000, 
4412.42.0000, 4412.49.0000, 4412.91.5115, 4412.92.5215, 4412.99.9700, 
4418.20.4000, 4418.20.8030, 4418.20.8060, 4418.91.9195, 4418.99.9095, 
4418.99.9195, 4421.91.9880, 4421.99.9780, and 4421.99.9880. While the 
HTSUS subheading and ASTM specification are provided for convenience 
and for customs purposes, the written description of the subject 
merchandise is dispositive. A full description of the scope of the 
Order is contained in the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised by interested parties in briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues addressed in 
the Issues and Decision Memorandum is provided in Appendix I to this 
notice. The Issues and Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our verification findings, review of the record, and 
comments received from interested parties regarding our Preliminary 
Results, we made changes to the margin calculations for Jinquan/Baiyuan 
and Yinfeng/Mangrove.\4\
---------------------------------------------------------------------------

    \4\ See Issues and Decision Memorandum; see also Memorandum, 
``Final Results Calculation Memorandum for Jinquan/Baiyuan,'' dated 
concurrently with this notice; and Memorandum, ``Final Results 
Calculation Memorandum for Yinfeng Imp & Exp Trading Co., Ltd/Fujian 
Province Youxi City Mangrove Wood Machining Co., Ltd.,'' dated 
concurrently with this notice.
---------------------------------------------------------------------------

Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that 
Shunchang Shengsheng, Xiamen Jinxi, and Green Wood had no shipments of 
subject merchandise to the United States during the POR.\5\ No party 
filed comments with respect to this preliminary finding and we received 
no information to contradict it. Therefore, we continue to find that 
these three companies had no shipments of subject merchandise during 
the POR and will issue appropriate liquidation instructions that are 
consistent with our ``automatic assessment'' clarification for these 
final results.\6\
---------------------------------------------------------------------------

    \5\ See Preliminary Results, 88 FR at 14140.
    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Practice Refinement).

---------------------------------------------------------------------------

[[Page 62540]]

Partial Rescission

    In the Preliminary Results, Commerce determined that China Cornici 
Co. Ltd. (China Cornici) had no suspended entries of subject 
merchandise during the POR. After analysis of comments received from 
interested parties and the record information, we continue to determine 
that China Cornici had no reviewable entries of subject merchandise 
during the POR.\7\ Therefore, we are rescinding this review with 
respect to China Cornici in accordance with 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------

    \7\ See Issues and Decision Memorandum at Comment 15 for further 
discussion.
---------------------------------------------------------------------------

    In the Preliminary Results, Commerce determined that TL Wood 
Products Inc. (TL Wood) and Aventra, Inc. (Aventra) were not eligible 
for review pursuant to 19 CFR 351.213(b)(1), because record evidence 
indicates that they are U.S. resellers. After analysis of the comments 
received from interested parties and the record information, we 
continue to determine that TL Wood and Aventra are U.S. resellers and 
not eligible for review pursuant to 19 CFR 351.213(b)(1).\8\ Therefore, 
we are rescinding this review with respect to TL Wood and Aventra in 
accordance with 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------

    \8\ Id. at Comment 16 for further discussion.
---------------------------------------------------------------------------

Separate Rate Respondents

    In our Preliminary Results, we determined that 29 companies 
demonstrated their eligibility for separate rates.\9\ We received 
arguments from interested parties since the issuance of the Preliminary 
Results. After an analysis of these comments, we continue to find that 
each of these 29 companies \10\ is eligible for a separate rate, as 
indicated in the table in the ``Final Results of Review'' section of 
this notice.\11\
---------------------------------------------------------------------------

    \9\ See Preliminary Results PDM at 10-13.
    \10\ See Appendix II for a list of these companies.
    \11\ See Issues and Decision Memorandum at Comments 12 through 
19 for further discussion.
---------------------------------------------------------------------------

Rate for Non-Examined Separate Rate Respondents

    The statute and our regulations do not address the establishment of 
a rate to be assigned to respondents not selected for individual 
examination when we limit our examination of companies subject to the 
administrative review pursuant to section 777A(c)(2)(B) of the Tariff 
Act of 1930, as amended (the Act). Generally, we look to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in an investigation, for guidance when calculating the 
rate for respondents not individually examined in an administrative 
review. Under section 735(c)(5)(A) of the Act, the all-others rate is 
normally ``an amount equal to the weighted average of the estimated 
weighted average dumping margins established for exporters and 
producers individually investigated, excluding any zero and de minimis 
margins, and any margins determined entirely {on the basis of facts 
available{time} .'' Accordingly, Commerce's usual practice in 
determining the rate for separate-rate respondents not selected for 
individual examination, has been to average the weighted-average 
dumping margins of the selected companies, excluding rates that are 
zero, de minimis, or based entirely on facts available.\12\ However, 
when the weighted-average dumping margins established for all 
individually investigated respondents are zero, de minimis, or based 
entirely on facts available, section 735(c)(5)(B) of the Act permits 
Commerce to ``use any reasonable method to establish the estimated all-
others rate for exporters and producers not individually investigated, 
including averaging the estimated weighted-average dumping margins 
determined for the exporters and producers individually investigated.'' 
\13\ Because in these final results of this review we calculated a 
dumping margin of zero for both Yinfeng/Mangrove and Jinquan/Baiyuan, 
we assigned a zero dumping margin to the separate rate respondents that 
we did not individually examine consistent with Commerce's practice and 
section 735(c)(5)(B) of the Act.\14\
---------------------------------------------------------------------------

    \12\ See Longkou Haimeng Mach. Co. v. United States, 581 F. 
Supp. 2d 1344, 1357-60 (CIT 2008) (affirming Commerce's 
determination to assign a 4.22 percent dumping margin to the 
separate-rate respondents in a segment where the three mandatory 
respondents received dumping margins of 4.22 percent, 0.03 percent, 
and zero percent, respectively); see also Certain Kitchen Appliance 
Shelving and Racks from the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, 74 FR 36656, 36660 
(July 24, 2009).
    \13\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016).
    \14\ See Preliminary Results PDM at 14; and section 735(c)(5)(B) 
of the Act.
---------------------------------------------------------------------------

The China-Wide Entity

    In the Preliminary Results, Commerce found that Gaomi Hongtai did 
not establish eligibility for a separate rate because it did not file a 
timely separate rate application or a separate rate certification, as 
appropriate.\15\ After analyzing the comments received from interested 
parties and record information, we continue to determine that Gaomi 
Hongtai did not establish its eligibility for a separate rate.\16\ 
Therefore, for these final results, we determine Gaomi Hongtai to be 
part of the China-wide entity. Because no party requested a review of 
the China-wide entity, and Commerce no longer considers the China-wide 
entity as an exporter conditionally subject to administrative 
reviews,\17\ we did not conduct a review of the China-wide entity. 
Thus, the weighted-average dumping margin for the China-wide entity, as 
adjusted for export subsidies (i.e., 220.87 percent),\18\ is not 
subject to change as a result of this review.
---------------------------------------------------------------------------

    \15\ See Preliminary Results PDM at 13-14.
    \16\ See Issues and Decision Memorandum at Comment 14 for 
further discussion.
    \17\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November 
4, 2013).
    \18\ See Order, 86 FR at 9488. The weighted-average dumping 
margin for the China-wide entity (231.60 percent) was adjusted for 
export subsidies to determine the cash deposit rate (220.87 percent) 
for companies in the China-wide entity.
---------------------------------------------------------------------------

Final Results of Review

    For companies subject to this review which established their 
eligibility for a separate rate, Commerce determines that the following 
weighted-average dumping margins exist for the period August 12, 2020, 
through January 31, 2022:
---------------------------------------------------------------------------

    \19\ See Appendix II.

------------------------------------------------------------------------
                                                        Weighted-average
                      Exporters                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Fujian Jinquan Trade Co., Ltd./Baiyuan Wood Machining               0.00
 Co., Ltd............................................
Yinfeng Imp & Exp Trading Co., Ltd./Fujian Province                 0.00
 Youxi City Mangrove Wood Machining Co., Ltd.........
Non-Selected Companies Under Review Receiving a                     0.00
 Separate Rate \19\..................................
------------------------------------------------------------------------


[[Page 62541]]

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days of the date of publication of this notice 
in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and U.S Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with these final results of review. Commerce 
intends to issue assessment instructions to CBP no earlier than 35 days 
after the date of publication of these final results. If a timely 
summons is filed at the U.S. Court of International Trade, the 
assessment instructions will direct CBP not to liquidate relevant 
entries until the time for parties to file a request for a statutory 
injunction has expired (i.e., within 90 days of publication).
    For Yinfeng/Mangrove, Jinquan/Baiyuan and the other respondents 
which were not selected for individual examination and which qualified 
for a separate rate, we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.\20\ For entries that were 
not reported in the U.S. sales databases submitted by Yinfeng/Mangrove 
and Jinquan/Baiyuan during this review, Commerce will instruct CBP to 
liquidate such entries at the China-wide rate (i.e., 220.87 percent).
---------------------------------------------------------------------------

    \20\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For the company identified as part of the China-wide entity, Gaomi 
Hontai, we will instruct CBP to apply the China-wide rate (i.e., 220.87 
percent) to all entries of subject merchandise during the POR which 
were exported by this company.
    For Shunchang Shengsheng, Xiamen Jinxi, and Green Wood, which 
Commerce determined had no shipments of the subject merchandise during 
the POR, any suspended entries that entered under that exporter's case 
number (i.e., at that exporter's cash deposit rate) will be liquidated 
at the rate for the China-wide entity, consistent with Commerce's 
assessment practice in non-market economy cases.\21\ For China Cornici, 
TL Wood, and Aventra, for which the administrative review is rescinded, 
antidumping duties shall be assessed at a rate equal to the cash 
deposit of estimated antidumping duties required at the time of entry, 
or withdrawal from warehouse, for consumption, in accordance with 19 
CFR 351.212(c)(1)(i).
---------------------------------------------------------------------------

    \21\ For a full discussion of this practice, see Assessment 
Practice Refinement, 76 FR at 65694.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) for Jinquan/Baiyuan, 
Yinfeng/Mangrove, and the other companies which were found eligible for 
a separate rate, the cash deposit rate will be zero; (2) for previously 
investigated or reviewed Chinese and non-Chinese exporters not listed 
above that have separate rates, the cash deposit rate will continue to 
be the exporter-specific rate published for the most recently completed 
segment of this proceeding in which they were reviewed; (3) for all 
Chinese exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be equal to the 
weighted-average dumping margin for the China-wide entity (i.e., 220.87 
percent); and (4) for all non-Chinese exporters of subject merchandise 
which have not received their own separate rate, the cash deposit rate 
will be the rate applicable to the Chinese exporter(s) that supplied 
that non-Chinese exporter. These per-unit cash deposit requirements, 
when imposed, shall remain in effect until further notice.

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this POR. Failure 
to comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties has 
occurred and the subsequent assessment of double antidumping duties, 
and/or increase in the amount of antidumping duties by the amount of 
the countervailing duties.

Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to an APO 
of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review and notice in accordance with sections 751(a)(1) and 777(i) of 
the Act and 19 CFR 351.221(b)(5).

    Dated: September 5, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    General
    Comment 1: Whether to Apply Adverse Facts Available to Yinfeng/
Mangrove
    Comment 2: Whether to Apply AFA to Jinquan/Baiyuan
    Comment 3: Market Economy Inputs
    Comment 4: Importer-Specific Assessment Rates
    Comment 5: Valuation of Water-Based Paint
    Jinquan/Baiyuan
    Comment 6: Valuation of Power Adhesive of Pre-Gelatinized Starch
    Comment 7: Valuation of Polyvinyl Alcohol
    Comment 8: Jinquan/Baiyuan's Electricity Offset
    Comment 9: Clerical Errors in Jinquan/Baiyuan's Margin 
Calculations
    Yinfeng/Mangrove
    Comment 10: Valuation of Acrylic Polymer
    Comment 11: Yinfeng/Mangrove's Radiata Pine Log Inputs
    Separate Rate Companies
    Comment 12: Whether Raoping HongRong Is Eligible for a Separate 
Rate
    Comment 13: Whether Bel Trade Is Eligible for a Separate Rate
    Comment 14: Whether to Rescind the Review for Gaomi Hongtai
    Comment 15: Whether China Cornici Is Eligible for a Separate 
Rate
    Comment 16: Whether TL Wood Is Eligible for a Separate Rate
    Comment 17: Clarification of Chen Sheng's Separate Rate
    Comment 18: Whether Shenzhen Xinjintai Industrial Co., Ltd. Is 
Eligible for a Separate Rate
    Comment 19: Whether Shaxian Hengtong Wood Industry Co., Ltd. Is 
Eligible for a Separate Rate
VI. Recommendation

[[Page 62542]]

Appendix II--Non-Selected Companies Under Review Receiving a Separate 
Rate

1. Anji Huaxin Bamboo & Wood Products Co., Ltd.
2. Baixing Import and Export Trading Co., Ltd Youxi Fujian
3. Bel Trade Wood Industrial Co., Ltd Youxi Fujian
4. Fotiou Frames Limited
5. Fujian Hongjia Craft Products Co., Ltd.
6. Fujian Sanming City Donglai Wood Co., Ltd
7. Fujian Wangbin Decorative Material Co., Ltd
8. Fujian Youxi Best Arts & Crafts Co. Ltd
9. Fujian Zhangping Kimura Forestry Products Co., Ltd.
10. Homebuild Industries Co., Ltd.
11. Jiangsu Chen Sheng Forestry Development Co., Ltd.
12. Jiangsu Wenfeng Wood Co., Ltd.
13. Jim Fine Wooden Products Co., Ltd.
14. Longquan Jiefeng Trade Co., Ltd.
15. Nanping Huatai Wood & Bamboo Co., Ltd
16. Omni One, Co., Limited
17. Putian Yihong Wood Industry Co., Ltd.
18. Raoping HongRong Handicrafts, Co., Ltd.
19. Shandong Miting Household Co., Ltd.
20. Shaxian Hengtong Wood Industry Co., Ltd
21. Shaxian Shiyiwood, Ltd
22. Shenzhen Xinjintai Industrial Co., Ltd.
23. Shuyang Kevin International Co., Ltd
24. Sun Valley Shade Co., Ltd.
25. Suqian Sulu Import & Export Trading Co., Ltd
26. Tim Feng Manufacturing Co., Ltd.
27. Wuxi Boda Bamboo & Wood Industrial Co., Ltd.
28. Zhangzhou Wangjiamei Industry & Trade Co., Ltd.
29. Zhangzhou Yihong Industrial Co., Ltd.

[FR Doc. 2023-19629 Filed 9-11-23; 8:45 am]
BILLING CODE 3510-DS-P
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