Wooden Cabinets and Vanities and Components Thereof From the People's Republic of China: Final Results and Partial Recission of Countervailing Duty Administrative Review; 2021, 76732-76734 [2023-24582]
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76732
Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Notices
6. Linshu Meibang Furniture Co., Ltd.
7. Shanghai Zifeng Industries Development
Co., Ltd.
8. Shenzhen Pengchengzhirong Trade Co.,
Ltd.
9. Weihai Jarlin Cabinetry Manufacture Co.,
Ltd.
10. Xiamen Got Cheer Co., Ltd.
11. Yindu Kitchen Equipment Co., Ltd.
12. Zaozhuang New Sharp Import & Export
Trading Co., Ltd.
13. ZBOM Cabinets Co., Ltd.
14. Zhongshan KM Cabinetry Co., Ltd.
[FR Doc. 2023–24602 Filed 11–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–107]
Wooden Cabinets and Vanities and
Components Thereof From the
People’s Republic of China: Final
Results and Partial Recission of
Countervailing Duty Administrative
Review; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies were provided
to certain producers and exporters of
wooden cabinets and vanities and
components thereof (wooden cabinets)
from the People’s Republic of China
(China) during the period of review
(POR) January 1, 2021, through
December 31, 2021. Commerce is also
rescinding the review with respect to
five companies.
DATES: Applicable November 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Michael Romani or Richard Roberts,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC, 20230; telephone: (202) 482–0198 or
(202) 482–3464, respectively.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
Background
Commerce published the Preliminary
Results of this administrative review in
the Federal Register on May 5, 2023,
and invited interested parties to
comment.1 For a complete description
1 See Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China: Preliminary Results of Countervailing Duty
Administrative Review, Rescission of
Administrative Review in Part, and Intent To
Rescind in Part; 2021, 88 FR 29084 (May 5, 2023)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
VerDate Sep<11>2014
16:30 Nov 06, 2023
Jkt 262001
of the events that occurred subsequent
to the Preliminary Results, see the Issues
and Decision Memorandum.2
Scope of the Order 3
The products covered by the scope of
the Order are wooden cabinets from
China. A full description of the scope of
the Order is contained in the Issues and
Decision Memorandum.
conclusions, including our reliance, in
part, on facts otherwise available,
including adverse facts available,
pursuant to sections 776(a) and (b) of
the Act, see the Issues and Decision
Memorandum.
Partial Rescission of Review
Commerce’s practice is to rescind an
administrative review of a
countervailing duty order, pursuant to
Analysis of Comments Received
19 CFR 351.213(d)(3), when there are no
All issues raised by the interested
reviewable entries of subject
parties in their case and rebuttal briefs
merchandise during the POR for which
are addressed in the Issues and Decision liquidation is suspended.5 Normally,
Memorandum. A list of topics discussed upon completion of an administrative
in the Issues and Decision
review, the suspended entries are
Memorandum is provided in the
liquidated at the countervailing duty
appendix to this notice. The Issues and
assessment rate calculated for the
Decision Memorandum is a public
review period.6 Therefore, for an
document and is on file electronically
administrative review of a company to
via Enforcement and Compliance’s
be conducted, there must be a
Antidumping and Countervailing Duty
reviewable, suspended entry that
Centralized Electronic Service System
Commerce can instruct U.S. Customs
(ACCESS). ACCESS is available to
and Border Protection (CBP) to liquidate
registered users at https://
at the calculated countervailing duty
access.trade.gov. In addition, a complete assessment rate calculated for the
version of the Issues and Decision
review period.7
Memorandum can be accessed directly
We find five companies subject to this
at https://access.trade.gov/public/
review: (1) Shouguang Fushi Wood Co.,
FRNoticesListLayout.aspx.
Ltd..; (2) Taizhou Overseas Int’l Ltd.; (3)
Yixing Pengjia Technology Co., Ltd.; (4)
Changes Since the Preliminary Results
Zaozhuang New Sharp Import & Export
Based on our analysis of comments
Trading Co., Ltd..; and (5) Zhoushan
from interested parties and the evidence For-strong Wood Co., Ltd. did not have
on the record, we revised the
reviewable entries of subject
calculation of the net countervailable
merchandise for which liquidation is
subsidy rates for Fujian Dushi Wooden
suspended. Because there is no
Industry Co. (Dushi) and Jiangsu
evidence on the record that these five
Sunwell Cabinetry Co., Ltd. (Sunwell).
companies had entries, exports, or sales
For a discussion of the issues, see the
of subject merchandise during the POR,
Issues and Decision Memorandum.
we are rescinding this review with
respect to these five companies
Methodology
consistent with 19 CFR 351.213(d)(3).
Commerce conducted this
Companies Not Selected for Individual
administrative review in accordance
Review
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
The statute and Commerce’s
each of the subsidy programs found to
regulations do not address the
be countervailable, we find that there is establishment of a rate to be applied to
a subsidy, i.e., a government-provided
companies not selected for individual
financial contribution that gives rise to
examination when Commerce limits its
a benefit to the recipient, and that the
examination in an administrative review
subsidy is specific.4 For a complete
pursuant to section 777A(e)(2) of the
description of the methodology
Act. However, Commerce normally
underlying all of Commerce’s
determines the rates for non-selected
companies in reviews in a manner that
2 See Memorandum, ‘‘Issues and Decision
is consistent with section 705(c)(5) of
Memorandum for the Final Results of the
the Act, which provides the basis for
Countervailing Duty Administrative Review of
calculating the all-others rate in an
Wooden Cabinets and Vanities and Components
Thereof from the People’s Republic of China; 2021,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
3 See Certain Corrosion Inhibitors from the
People’s Republic of China: Antidumping Duty and
Countervailing Duty Orders, 86 FR 14869 (March
19, 2021) (Order).
4 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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5 See, e.g., Lightweight Thermal Paper from the
People’s Republic of China: Notice of Rescission of
Countervailing Duty Administrative Review; 2015,
82 FR 14349 (March 20, 2017); and Circular Welded
Carbon Quality Steel Pipe from the People’s
Republic of China: Rescission of Countervailing
Duty Administrative Review; 2017, 84 FR 14650
(April 11, 2019).
6 See 19 CFR 351.212(b)(2).
7 See 19 CFR 351.213(d)(3).
E:\FR\FM\07NON1.SGM
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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Notices
investigation. Section 705(c)(5)(A)(i) of
the Act instructs Commerce, as a general
rule, to calculate the all-others rate
equal to the weighted average of the
countervailable subsidy rates
established for exporters and producers
individually investigated, excluding any
zero or de minimis countervailable
subsidy rates, and any rates determined
entirely on the basis of facts available.
There are eight companies for which
a review was requested and not
rescinded, and which were not selected
as mandatory respondents or found to
be cross-owned with a mandatory
respondent. In this review, the rates for
Dushi and Sunwell were above de
minimis and not based entirely on facts
available. Therefore, we are applying to
the non-selected companies the average
of the net subsidy rates calculated for
Dushi and Sunwell, which we
calculated using publicly-ranged sales
data submitted by Dushi and Sunwell.8
This is the same methodology
Commerce applied in the Preliminary
Results for determining a rate for
companies not selected for individual
examination. However, due to changes
in the subsidy rate calculations for
Dushi and Sunwell, we revised the nonselected rate accordingly. Consequently,
for the eight non-selected companies for
which a review was requested and not
rescinded, we are applying an ad
valorem subsidy rate of 13.63 percent
for 2021.
Final Results of Review
We determine the following net
countervailable subsidy rates exist for
the period January 1, 2021, through
December 31, 2021:
Company
Fujian Dushi Wooden Industry Co ................................
Jiangsu Sunwell Cabinetry
Co., Ltd 9 ...........................
Subsidy rate—
2021
(percent ad
valorem)
16.13
7.54
khammond on DSKJM1Z7X2PROD with NOTICES
8 With
two respondents under examination,
Commerce normally calculates: (A) a weightedaverage of the estimated subsidy rates calculated for
the examined respondents; (B) a simple average of
the estimated subsidy rates calculated for the
examined respondents; and (C) a weighted average
of the estimated subsidy rates calculated for the
examined respondents using each company’s
publicly-ranged U.S. sale quantities for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
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76733
listed companies with regard to
shipments of subject merchandise
Company
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of these final results of
Review-Specific Average Rate Applicable
review. For all non-reviewed firms, we
to the Following Companies 10
will instruct CBP to continue to collect
KM Cabinetry Co, Ltd ...........
13.63 cash deposits of estimated
Nantong Aershin Cabinet
countervailing duties at the all-others
Co., Ltd .............................
13.63 rate or the most recent company-specific
Shanghai Zifeng International
rate applicable to the company, as
Trading Co., Ltd 11 ............
13.63
appropriate. These cash deposit
Sheen Lead International
requirements, effective upon
Trading (Shanghai) Co.,
Ltd 12 .................................
13.63 publication of these final results, shall
remain in effect until further notice.
Taishan Oversea Trading
Subsidy rate—
2021
(percent ad
valorem)
Company Ltd .....................
Weifang Fuxing Wood Co.,
Ltd .....................................
Xiamen Adler Cabinetry Co.,
Ltd .....................................
Yixing Pengjia Cabinetry Co.,
Ltd .....................................
13.63
Administrative Protective Order
13.63
This notice also serves as a final
reminder to parties subject to an
13.63
administrative protective order (APO) of
13.63 their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
Disclosure
with 19 CFR 351.305(a)(3), which
Commerce intends to disclose
continues to govern business
calculations and analysis performed for
proprietary information in this segment
the final results of review within five
of the proceeding. Timely written
days after the date of publication of this notification of the return or destruction
notice in the Federal Register in
of APO materials or conversion to
accordance with 19 CFR 351.224(b).
judicial protective order, is hereby
requested. Failure to comply with the
Assessment Requirements
regulations and terms of an APO is a
In accordance with section
sanctionable violation.
751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has
Notification to Interested Parties
determined, and CBP shall assess,
The final results are issued and
countervailing duties on all appropriate
published in accordance with sections
entries covered by this review, for the
above-listed companies at the applicable 751(a)(1) and 777(i)(1) of the Act, 19
CFR 351.213(d)(3), and 19 CFR
ad valorem assessment rates listed for
351.221(b)(5).
the corresponding time periods (i.e.,
Dated: November 1, 2023.
January 1, 2021, to December 31, 2021).
Lisa W. Wang,
Commerce intends to issue assessment
instructions to CBP no earlier than 35
Assistant Secretary for Enforcement and
days after publication of the final results Compliance.
of this review in the Federal Register.
Appendix
If a timely summons is filed at the U.S.
List of Topics Discussed in the Issues and
Court of International Trade, the
Decision Memorandum
assessment instructions will direct CBP
not to liquidate relevant entries until the I. Summary
II. Background
time for parties to file a request for a
III. Scope of the Order
statutory injunction has expired (i.e.,
IV. Partial Rescission of Administrative
within 90 days of publication).
Cash Deposit Requirements
In accordance with section 751(a)(1)
of the Act, Commerce also intends to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown above for the above9 Commerce finds the following companies to be
cross-owned with Sunwell: Shanghai Beautystar
Cabinetry Co., Ltd.
10 This rate is based on the rate for the respondent
that was selected for individual review, excluding
rates that are zero, de minimis, or based entirely on
facts available. See section 735(c)(5)(A) of the Act.
11 See Issues and Decision Memorandum at
Comment 1.
12 Id.
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Sfmt 4703
Review
V. Non-Selected Rate
VI. Subsidies Valuation
VII. Interest Rate Benchmarks, Input,
Electricity, and Land Benchmarks
VIII. Use of Facts Otherwise Available and
Application of Adverse Inferences
IX. Analysis of Programs
X. Discussion of the Issues
Comment 1: Whether Commerce Should
Rescind the Review for Sheen Lead
International Trading (Shanghai) Co.,
Ltd. (Sheen Lead) or Shanghai Zifeng
International Trading Co., Ltd. (Shanghai
Zifeng)
Comment 2: Whether Commerce Should
Apply Adverse Facts Available (AFA) to
the Export Buyer’s Credit (EBC) Program
E:\FR\FM\07NON1.SGM
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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Notices
Comment 3: Whether Commerce Should
Include Petitioner’s Density Benchmark
Data to Measure the Adequacy of
Remuneration for the Provision of Sawn
Wood and Fiberboard
Comment 4: Whether Commerce Should
Apply AFA to the Provision of
Electricity for Less Than Adequate
Remuneration (LTAR)
Comment 5: Whether Commerce Should
Continue to Countervail the Provision of
Certain Inputs for LTAR Based on AFA
Comment 6: Whether Commerce Should
Use a Free-On-Board (FOB) Sales
Denominator
Comment 7: Whether Commerce Should
Change Benchmarks Used to Measure the
Benefit for Certain Policy Loans
Received by Fujian Dushi Wooden
Industry Company (Dushi)
Comment 8: Whether Commerce Should
Calculate All Benefits under the
Provision of Electricity for LTAR
Comment 9: Whether Commerce Should
Adjust Certain Sales Denominators to
Conduct the 0.5% Test for ‘‘Other
Subsidies’’ Received by Dushi
Comment 10: Whether Commerce Should
Correct Errors in the Calculations Used
to Measure the Adequacy of
Remuneration from the Provision of
Certain Inputs
Comment 11: Whether Commerce Should
Adjust the Calculation of Benchmark
Interest Applied to Jiangsu Sunwell
Cabinetry Co., Ltd.’s (Sunwell) Loans
Comment 12: Whether Commerce Should
Adjust the Benefit Calculation for the
Provision of Electricity for LTAR
Program for Sunwell
XI. Recommendation
[FR Doc. 2023–24582 Filed 11–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–053]
Certain Aluminum Foil From People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain companies under review sold
certain aluminum foil (aluminum foil)
from the People’s Republic of China
(China) at less than normal value during
the period of review (POR) April 1,
2021, through March 31, 2022.
DATES: Applicable November 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
16:30 Nov 06, 2023
Jkt 262001
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4475.
SUPPLEMENTARY INFORMATION:
Background
On May 5, 2023, Commerce published
the Preliminary Results and invited
interested parties to comment.1 On
August 28, 2023, we extended the
deadline for these final results until
November 1, 2023.2 For a full summary
of the events that occurred since
Commerce published the Preliminary
Results, see the Issues and Decision
Memorandum.3 Commerce conducted
this review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act).
Scope of the Order 4
The merchandise covered by the
Order is certain aluminum foil from
China. For a complete description of the
scope of the Order, see the Issues and
Decision Memorandum.
margin calculations for Jiangsu
Dingsheng New Materials Joint-Stock
Co., Ltd.; Dingsheng Aluminium
Industries (Hong Kong) Trading Co.,
Limited (Dingsheng Aluminium
Industries (Hong Kong) Trading Co.,
Ltd.); Hangzhou Dingsheng Import &
Export Co., Ltd. (Hangzhou Dingsheng
Import and Export Co., Ltd.); Hangzhou
Five Star Aluminium Co., Ltd.;
Hangzhou Teemful Aluminium Co.,
Ltd.; Inner Mongolia Liansheng New
Energy Material Co., Ltd.; and Inner
Mongolia Xinxing New Energy Material
Co., Ltd. (collectively, Dingsheng).6 For
a discussion of these changes, see the
Issues and Decision Memorandum.
Final Determination of No Shipments
In the Preliminary Results, we
preliminarily determined that Shanghai
Shenyan Packaging Materials JointStock Co., Ltd. (Shanghai Shenyan) had
no shipments of subject merchandise
during the POR. We received no
information to contradict this
determination.7 Therefore, we continue
to find that Shanghai Shenyan 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.8
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum and
are listed in the appendix to this
notice.5 The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
Separate Rates
and Compliance’s Antidumping and
Countervailing Duty Centralized
In the Preliminary Results, we
Electronic Service System (ACCESS).
determined that the Dingsheng single
ACCESS is available to registered users
entity 9 was eligible for a separate rate,
at https://access.trade.gov. In addition, a
complete version of the Issues and
6 In the Preliminary Results we inadvertently
Decision Memorandum can be found at
omitted identifying Jiangsu Dingsheng New
Materials Joint-Stock Co., Ltd. as part of the
https://access.trade.gov/public/
Dingsheng entity, which we have corrected for
FRNoticesListLayout.aspx.
these final results. See Preliminary Results, 88 FR
Changes From the Preliminary Results
Based on our analysis of the
comments received from interested
parties, we made certain changes to the
1 See Certain Aluminum Foil from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review, Partial
Rescission of Antidumping Administrative Review,
and Preliminary Determination of No Shipments;
2021–2022, 88 FR 29092 (May 5, 2023) (Preliminary
Results) and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Extension of Deadline for
Final Results of 2021–2022 Antidumping Duty
Administrative Review,’’ dated August 28, 2023.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2021–
2022 Antidumping Duty Administrative Review of
Certain Aluminum Foil from the People’s Republic
of China;’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
4 See Certain Aluminum Foil from the People’s
Republic of China: Amended Final Determination
of Sales at Less Than Fair Value and Antidumping
Duty Order, 83 FR 17362 (April 19, 2018) (Order).
5 See appendix.
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Sfmt 4703
at 29092–93.
7 Id., 88 FR at 29093.
8 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (Assessment Practice
Refinement).
9 Consistent with a prior segment of this
proceeding, we have continued to find that Jiangsu
Dingsheng New Materials Joint-Stock Co., Ltd.;
Dingsheng Aluminium Industries (Hong Kong)
Trading Co., Limited (Dingsheng Aluminium
Industries (Hong Kong) Trading Co., Ltd.);
Hangzhou Dingsheng Import&Export Co., Ltd.
(Hangzhou Dingsheng Import and Export Co., Ltd.);
Hangzhou Five Star Aluminium Co., Ltd.;
Hangzhou Teemful Aluminium Co., Ltd.; Inner
Mongolia Liansheng New Energy Material Co.; and
Inner Mongolia Xinxing New Energy Material Co.,
Ltd. are affiliated entities, pursuant to sections
771(33)(E), (F), and (G) of the Act, and that they
should be treated as a single entity pursuant to 19
CFR 351.401(f)(1)–(2). See Antidumping Duty
Investigation of Certain Aluminum Foil from the
People’s Republic of China: Affirmative Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination and
Accompanying Preliminary Decision Memorandum,
82 FR 50858 (November 2, 2017), and
accompanying PDM at 16–18, unchanged in Certain
Aluminum Foil from the People’s Republic of
E:\FR\FM\07NON1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76732-76734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24582]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-107]
Wooden Cabinets and Vanities and Components Thereof From the
People's Republic of China: Final Results and Partial Recission of
Countervailing Duty Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies were provided to certain producers and
exporters of wooden cabinets and vanities and components thereof
(wooden cabinets) from the People's Republic of China (China) during
the period of review (POR) January 1, 2021, through December 31, 2021.
Commerce is also rescinding the review with respect to five companies.
DATES: Applicable November 7, 2023.
FOR FURTHER INFORMATION CONTACT: Michael Romani or Richard Roberts, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC, 20230; telephone: (202) 482-0198 or (202)
482-3464, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review in the Federal Register on May 5, 2023, and invited interested
parties to comment.\1\ For a complete description of the events that
occurred subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Wooden Cabinets and Vanities and Components Thereof from
the People's Republic of China: Preliminary Results of
Countervailing Duty Administrative Review, Rescission of
Administrative Review in Part, and Intent To Rescind in Part; 2021,
88 FR 29084 (May 5, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Wooden Cabinets and Vanities and Components Thereof from the
People's Republic of China; 2021,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 3
---------------------------------------------------------------------------
\3\ See Certain Corrosion Inhibitors from the People's Republic
of China: Antidumping Duty and Countervailing Duty Orders, 86 FR
14869 (March 19, 2021) (Order).
---------------------------------------------------------------------------
The products covered by the scope of the Order are wooden cabinets
from China. 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 the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum. A
list of topics discussed in the Issues and Decision Memorandum is
provided in the appendix 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 analysis of comments from interested parties and the
evidence on the record, we revised the calculation of the net
countervailable subsidy rates for Fujian Dushi Wooden Industry Co.
(Dushi) and Jiangsu Sunwell Cabinetry Co., Ltd. (Sunwell). For a
discussion of the issues, see the Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found to be countervailable, we find
that there is a subsidy, i.e., a government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific.\4\ For a complete description of the
methodology underlying all of Commerce's conclusions, including our
reliance, in part, on facts otherwise available, including adverse
facts available, pursuant to sections 776(a) and (b) of the Act, see
the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Partial Rescission of Review
Commerce's practice is to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there
are no reviewable entries of subject merchandise during the POR for
which liquidation is suspended.\5\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\6\ Therefore, for an administrative review of a company to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct U.S. Customs and Border Protection (CBP) to liquidate at
the calculated countervailing duty assessment rate calculated for the
review period.\7\
---------------------------------------------------------------------------
\5\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); and
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\6\ See 19 CFR 351.212(b)(2).
\7\ See 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
We find five companies subject to this review: (1) Shouguang Fushi
Wood Co., Ltd..; (2) Taizhou Overseas Int'l Ltd.; (3) Yixing Pengjia
Technology Co., Ltd.; (4) Zaozhuang New Sharp Import & Export Trading
Co., Ltd..; and (5) Zhoushan For-strong Wood Co., Ltd. did not have
reviewable entries of subject merchandise for which liquidation is
suspended. Because there is no evidence on the record that these five
companies had entries, exports, or sales of subject merchandise during
the POR, we are rescinding this review with respect to these five
companies consistent with 19 CFR 351.213(d)(3).
Companies Not Selected for Individual Review
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides the basis for calculating the all-
others rate in an
[[Page 76733]]
investigation. Section 705(c)(5)(A)(i) of the Act instructs Commerce,
as a general rule, to calculate the all-others rate equal to the
weighted average of the countervailable subsidy rates established for
exporters and producers individually investigated, excluding any zero
or de minimis countervailable subsidy rates, and any rates determined
entirely on the basis of facts available.
There are eight companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent. In this review,
the rates for Dushi and Sunwell were above de minimis and not based
entirely on facts available. Therefore, we are applying to the non-
selected companies the average of the net subsidy rates calculated for
Dushi and Sunwell, which we calculated using publicly-ranged sales data
submitted by Dushi and Sunwell.\8\
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\8\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
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This is the same methodology Commerce applied in the Preliminary
Results for determining a rate for companies not selected for
individual examination. However, due to changes in the subsidy rate
calculations for Dushi and Sunwell, we revised the non-selected rate
accordingly. Consequently, for the eight non-selected companies for
which a review was requested and not rescinded, we are applying an ad
valorem subsidy rate of 13.63 percent for 2021.
Final Results of Review
We determine the following net countervailable subsidy rates exist
for the period January 1, 2021, through December 31, 2021:
------------------------------------------------------------------------
Subsidy rate--
2021 (percent
Company ad valorem)
------------------------------------------------------------------------
Fujian Dushi Wooden Industry Co......................... 16.13
Jiangsu Sunwell Cabinetry Co., Ltd \9\.................. 7.54
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies \10\
------------------------------------------------------------------------
KM Cabinetry Co, Ltd.................................... 13.63
Nantong Aershin Cabinet Co., Ltd........................ 13.63
Shanghai Zifeng International Trading Co., Ltd \11\..... 13.63
Sheen Lead International Trading (Shanghai) Co., Ltd 13.63
\12\...................................................
Taishan Oversea Trading Company Ltd..................... 13.63
Weifang Fuxing Wood Co., Ltd............................ 13.63
Xiamen Adler Cabinetry Co., Ltd......................... 13.63
Yixing Pengjia Cabinetry Co., Ltd....................... 13.63
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose calculations and analysis performed
for the final results of review within five days after the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b).
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\9\ Commerce finds the following companies to be cross-owned
with Sunwell: Shanghai Beautystar Cabinetry Co., Ltd.
\10\ This rate is based on the rate for the respondent that was
selected for individual review, excluding rates that are zero, de
minimis, or based entirely on facts available. See section
735(c)(5)(A) of the Act.
\11\ See Issues and Decision Memorandum at Comment 1.
\12\ Id.
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Assessment Requirements
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and CBP shall assess,
countervailing duties on all appropriate entries covered by this
review, for the above-listed companies at the applicable ad valorem
assessment rates listed for the corresponding time periods (i.e.,
January 1, 2021, to December 31, 2021). Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after
publication of the final results of this review in the Federal
Register. 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).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown above for the above-listed
companies with regard to shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of these final results of review. For all non-reviewed
firms, we will instruct CBP to continue to collect cash deposits of
estimated countervailing duties at the all-others rate or the most
recent company-specific rate applicable to the company, as appropriate.
These cash deposit requirements, effective upon publication of these
final results, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the disposition 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 sanctionable violation.
Notification to Interested Parties
The final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(d)(3), and
19 CFR 351.221(b)(5).
Dated: November 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Non-Selected Rate
VI. Subsidies Valuation
VII. Interest Rate Benchmarks, Input, Electricity, and Land
Benchmarks
VIII. Use of Facts Otherwise Available and Application of Adverse
Inferences
IX. Analysis of Programs
X. Discussion of the Issues
Comment 1: Whether Commerce Should Rescind the Review for Sheen
Lead International Trading (Shanghai) Co., Ltd. (Sheen Lead) or
Shanghai Zifeng International Trading Co., Ltd. (Shanghai Zifeng)
Comment 2: Whether Commerce Should Apply Adverse Facts Available
(AFA) to the Export Buyer's Credit (EBC) Program
[[Page 76734]]
Comment 3: Whether Commerce Should Include Petitioner's Density
Benchmark Data to Measure the Adequacy of Remuneration for the
Provision of Sawn Wood and Fiberboard
Comment 4: Whether Commerce Should Apply AFA to the Provision of
Electricity for Less Than Adequate Remuneration (LTAR)
Comment 5: Whether Commerce Should Continue to Countervail the
Provision of Certain Inputs for LTAR Based on AFA
Comment 6: Whether Commerce Should Use a Free-On-Board (FOB)
Sales Denominator
Comment 7: Whether Commerce Should Change Benchmarks Used to
Measure the Benefit for Certain Policy Loans Received by Fujian
Dushi Wooden Industry Company (Dushi)
Comment 8: Whether Commerce Should Calculate All Benefits under
the Provision of Electricity for LTAR
Comment 9: Whether Commerce Should Adjust Certain Sales
Denominators to Conduct the 0.5% Test for ``Other Subsidies''
Received by Dushi
Comment 10: Whether Commerce Should Correct Errors in the
Calculations Used to Measure the Adequacy of Remuneration from the
Provision of Certain Inputs
Comment 11: Whether Commerce Should Adjust the Calculation of
Benchmark Interest Applied to Jiangsu Sunwell Cabinetry Co., Ltd.'s
(Sunwell) Loans
Comment 12: Whether Commerce Should Adjust the Benefit
Calculation for the Provision of Electricity for LTAR Program for
Sunwell
XI. Recommendation
[FR Doc. 2023-24582 Filed 11-6-23; 8:45 am]
BILLING CODE 3510-DS-P
