Wooden Cabinet and Vanities and Components Thereof From the People's Republic of China: Final Results and Final Determination of No Shipments of the Antidumping Duty Administrative Review; 2021-2022, 76729-76732 [2023-24602]
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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
appropriate entries without regard to
antidumping duties.
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by each respondent
which did not know that its
merchandise was destined for the
United States, we will instruct CBP to
liquidate entries not reviewed at the allothers rate of 20.11 percent 15 if there is
no rate for the intermediate
company(ies) involved in the
transaction.
For the companies which were not
selected for individual review (i.e.,
Villacero, Talleres y Aceros, and
Ternium), we will instruct CBP to assess
antidumping duties at an ad valorem
rate equal to the weighted-average
dumping margin determined for the
non-examined companies in the final
results of this review. The final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.16
Commerce intends to issue
assessment instructions to CBP no
earlier than 41 days after the date of
publication of the final results of this
review in the Federal Register, in
accordance with 19 CFR 356.8(a).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for all
shipments of wire rod from Mexico
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results, as
provided by section 751(a)(2) of the Act:
(1) the cash deposit rate for the firms
listed above will be equal to the
dumping margins established in the
final results of this review, except if the
ultimate rates are de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rates will
be zero; (2) for merchandise exported by
producers or exporters not covered in
this administrative review but covered
in a prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the producer or
exporter participated; (3) if the exporter
is not a firm covered in this review, a
prior review, or the original less-thanfair-value investigation but the producer
is, then the cash deposit rate will be the
15 See
16 See
Order, 67 FR at 65947.
section 751(a)(2)(C) of the Act.
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rate established for the most recently
completed segment of the proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 20.11 percent, the all-others rate
established in the antidumping duty
investigation.17 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, 19
CFR 351.213(h)(2), and 19 CFR
351.221(b)(4).
Dated: October 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Whether Application of Facts Available
and Use of Adverse Inference Is
Appropriate
V. Rate for Respondents Not Selected for
Individual Examination
VI. Discussion of Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023–24583 Filed 11–6–23; 8:45 am]
BILLING CODE 3510–DS–P
17 See
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Order, 67 FR at 65947.
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76729
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–106]
Wooden Cabinet and Vanities and
Components Thereof From the
People’s Republic of China: Final
Results and Final Determination of No
Shipments of the Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Fujian Dushi Wooden Industry Co., Ltd.
(Dushi) and The Ancientree Cabinet Co.,
Ltd. (Ancientree) made sales of wooden
cabinets and vanities and components
thereof (cabinets) at prices below
normal value and eight companies had
no shipments of subject merchandise
during the period of review (POR) April
1, 2021, through March 31, 2022.
DATES: Applicable November 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Jacob Keller, 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) 482–4849.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 5, 2023, Commerce published
in the Federal Register the Preliminary
Results of the antidumping duty
administrative review and invited
interested parties to comment.1 For a
complete description of the events that
occurred since Commerce published the
Preliminary Results, see the Issues and
Decision Memorandum.2 On August 14,
2023, we extended the deadline for
these final results to November 1, 2023.3
Commerce conducted this review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
1 See Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China: Preliminary Results, Preliminary
Determination of No Shipments, and Partial
Recission of the Antidumping Duty Administrative
Review; 2021–2022, 88 FR 29086 (May 5, 2023)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Review of
Wooden Cabinets and Vanities and Components
Thereof from the People’s Republic of China; 2021–
2022,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review,’’ dated August 14, 2023.
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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Notices
Scope of the Order 4
The products covered by this Order
are wooden cabinets and vanities that
are for permanent installation
(including floor mounted, wall
mounted, ceiling hung or by attachment
of plumbing), and wooden components
thereof. For full description of the scope
of the Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the parties’ briefs
are addressed in the Issues and Decision
Memorandum. A list of the issues
addressed is included as 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.
khammond on DSKJM1Z7X2PROD with NOTICES
Changes from the Preliminary Results
Based on our analysis of the
comments received, Commerce made
certain revisions to the calculations of
the preliminary weighted-average
dumping margins assigned to
Ancientree and Dushi, and the nonexamined separate rate respondents.
Commerce is also assigning separate
rates to Suzhou Siemo Wood Import &
Export Co., Ltd. (Siemo) and Jiangsu
Weisen Houseware Co., Ltd. (Jiangsu
Weisen). Regarding Siemo, we are
accepting its separate rate certification
because it has a suspended entry of
subject merchandise that entered the
United States during the POR.
Regarding Jiangsu Weisen, we find that
the entries associated with Weisen
Housewares Co., Ltd. (Weisen) are
entries of subject merchandise
applicable to Jiangsu Weisen. Further,
based on information on the record, we
are now considering Weisen to be the
same entity as Jiangsu Weisen. As a
result, we are assigning Jiangsu Weisen
a separate rate and no longer consider
Weisen to be part of the China-wide
entity. The Issues and Decision
Memorandum contains a more detailed
discussion of these revisions.
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined that certain companies did
4 See Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China: Antidumping Duty Order, 85 FR 22126
(April 21, 2020) (Order).
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not have shipments of subject
merchandise during the POR.5 As we
received no information to contradict
our preliminary determination with
respect to those companies, we continue
to find that they made no shipments of
subject merchandise to the United
States during the POR. Additionally, we
find that Siemo had shipments of
subject merchandise during the POR
and, therefore, are granting Siemo a
separate rate in this administrative
review.6 Accordingly, we will issue
appropriate instructions that are
consistent with our ‘‘automatic
assessment’’ clarification for the no
shipment companies listed in Appendix
II.7
Rates for Non-Examined Separate Rate
Respondents
Commerce determines that 25
companies, not individually examined,
are eligible for separate rates in this
administrative review.8 The Act and
Commerce’s regulations do not address
the establishment of a separate rate to be
applied to companies not selected for
individual examination when
Commerce limits its examination in an
administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks 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 separate rate
respondents which Commerce did not
examine individually in an
administrative review. Section
735(c)(5)(A) of the Act states that the allothers rate should be calculated by
averaging the weighted-average
dumping margins calculated for
individually-examined respondents,
excluding dumping margins that are
zero, de minimis, or based entirely on
facts available. Accordingly, in the final
results of review, we are assigning to the
non-selected separate rate respondents
an estimated weighted-average dumping
margin based on the average of
Ancientree’s and Dushi’s rates weighted
by their publicly available ranged U.S.
sales values.9
5 See
Preliminary Results, 88 FR at 29087.
Issues and Decision Memorandum at
Comment 8.
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (Assessment Notice).
8 See Appendix II.
9 As explained in the Issues and Decision
Memorandum, because there are only two relevant
weighted-average dumping margins for these
preliminary results, using a weighted average of
these two rates risks disclosure of business
proprietary information (BPI) data.
6 See
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China-Wide Entity
Commerce considers all other
companies, listed in Appendix II of this
notice, for which a review was
requested, and which did not
demonstrate separate rate eligibility, to
be part of the China-wide entity.
Final Results of Administrative Review
Commerce determines that the
following weighted-average dumping
margin exists for the administrative
review covering the period April 1,
2021, through March 31, 2022:
Exporter
Fujian Dushi Wooden Industry
Co., Ltd ...................................
The Ancientree Cabinet Co., Ltd
Non-Selected Companies Under
Review Receiving a Separate
Rate 10 .....................................
Weightedaverage
dumping
margin
(percent)
43.40
8.26
12.03
Disclosure
Pursuant to 19 CFR 351.224(b), within
five days of the publication of this
notice in the Federal Register, we will
disclose to the parties to this
proceeding, the calculations that we
performed for these final results of
review.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
intends to determine, 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. Pursuant to 19
CFR 351.212(b)(1), for Ancientree and
Dushi, because we do not have entered
values for all U.S. sales to a particular
importer (or customer), Commerce
calculated importer-specific per-unit
assessment rates by dividing the total
amount of dumping for reviewed sales
of subject merchandise to that importer
by the total quantity sold to that
importer. Where an importer-specific
per-unit assessment rate is zero or de
minimis (i.e., less than 0.5 percent),
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.11
For all non-selected separate rate
applicants subject to this review, we
will instruct CBP to liquidate all entries
of subject merchandise that entered the
United States during the POR at the
weighted-average of the rates calculated
10 See
11 See
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Appendix II.
19 CFR 351.106(c)(2).
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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Notices
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for Ancientree and Dushi, as listed
above. For entries of subject
merchandise during the POR produced
by Ancientree and Dushi for which they
did not know their merchandise was
destined for the United States, we
intend to instruct CBP to liquidate such
entries at the China-wide rate if there is
no rate for the intermediate company or
companies involved in the transaction.
Consistent with Commerce’s
assessment practice in non-market
economy cases, for the companies
which Commerce determined had no
shipments of the subject merchandise,
any suspended entries made under
those exporters’ case numbers (i.e., at
the exporters’ rates) will be liquidated at
the China-wide rate.12
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of 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
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the companies
subject to this review will be the rate
established in these final results of the
review; (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., 251.64
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.13 These cash deposit
12 For a full discussion of this practice, see
Assessment Notice.
13 See Order, 85 FR at 22126.
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requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
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 occurred and the
subsequent assessment of double
antidumping duties, and/or an increase
in the amount of antidumping duties by
the amount of countervailing duties.
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
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern BPI 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
We are issuing and publishing these
final results of review in accordance
with sections 751(a)(l), 751(a)(2)(B), and
777(i) of the Act.
Dated: November 1, 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 from the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should
Apply Total Adverse Facts Available
(AFA) to Ancientree
Comment 2: Whether Commerce Should
Select Malayasia as the Primary
Surrogate Country (SC)
Comment 3: Whether Commerce Should
Revise the Respondents’ Sigma Freight
Calculations
Comment 4: Whether Commerce Should
Revise Certain Surrogate Values (SV)
Comment 5: Whether Commerce Should
Exclude Russian Non-Market Economy
(NME) Imports into Bulgaria
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76731
Comment 6: Whether Commerce Should
Revise the Respondents’ Wood Density
Values
Comment 7: Whether Commerce Should
Assign Jiangsu Wisen Houseware Co.,
Ltd. (Jinagsu Wiesen) and Weisen
Houseware Co., Ltd. (Weisen), a Separate
Rate
Comment 8: Whether Commerce Should
Accept Suzhou Siemo Wood Import &
Export Co., Ltd.’s (Siemo) No Shipment
Certification
Comment 9: Whether Commerce Should
Clarify its No Shipment Policy
VI. Recommendation
Appendix II
No Shipment Companies
1. Dalian Hualing Wood Co., Ltd.
2. Dalian Meisen Woodworking Co., Ltd.
3. Guangzhou Nuolande Import and Export
Co., Ltd.
4. Hangzhou Hoca Kitchen & Bath Products
Co., Ltd.
5. Linyi Kaipu Furniture Co., Ltd.
6. Senke Manufacturing Company
7. Shandong Longsen Woods Co., Ltd.
8. Shouguang Fushi Wood Co., Ltd.
Non-Selected Companies Under Review
Receiving a Separate Rate
1. Anhui Xinyuanda Cupboard Co., Ltd.
2. Dongguan Ri Sheng Home Furnishing
Articles Co., Ltd.
3. Goldenhome Living Co., Ltd.
4. Jiang Su Rongxin Wood Industry Co., Ltd.
(Formerly known as Jiang Su Rongxin
Cabinets Ltd.)
5. Jiangsu Sunwell Cabinetry Co., Ltd.
6. Jiangsu Weisen Houseware Co., Ltd;
Weisen Houseware Co., Ltd.
7. KM Cabinetry Co., Ltd.
8. Kunshan Baiyulan Furniture Co., Ltd.
9. Morewood Cabinetry Co., Ltd.
10. Nantong Aershin Cabinets Co., Ltd.
11. Quanzhou Ample Furnishings Co., Ltd.
12. Qufu Xinyu Furniture Co., Ltd.
13. Shanghai Beautystar Cabinetry Co., Ltd.
14. Shanghai Zifeng International Trading
Co., Ltd.
15. Sheen Lead International Trading
(Shanghai) Co., Ltd.
16. Suzhou Siemo Wood Import & Export
Co., Ltd.
17. Taishan Oversea Trading Co., Ltd.
18. Taizhou Overseas Int’l Ltd.
19. Tech Forest Cabinetry Co., Ltd.
20. Weifang Fuxing Wood Co., Ltd.
21. Xiamen Adler Cabinetry Co., Ltd.
22. Yichun Dongmeng Wood Co., Ltd.
23. Yixing Pengjia Technology Co., Ltd.
(Formerly known as Yixing Pengjia
Cabinetry Co., Ltd.)
24. Zhangzhou OCA Furniture Co., Ltd.
25. Zhoushan For-strong Wood Co., Ltd.
Companies Considered To Be Part of the
China-Wide Entity
1. Deqing Meisheng Import and Export Co.,
Ltd.
2. Fujian Senyi Kitchen Cabinet Co., Ltd.
3. Fuzhou Hauster Kitchen Cabinet
Manufacturing Co., Ltd.
4. Fuzhou Pyrashine Trading Co., Ltd.
5. Jiang Su Rongxin Import and Export Co.,
Ltd.
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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.
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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
07NON1
]]>Agencies
[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76729-76732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24602]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-106]
Wooden Cabinet and Vanities and Components Thereof From the
People's Republic of China: Final Results and Final Determination of No
Shipments of the Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Fujian Dushi Wooden Industry Co., Ltd. (Dushi) and The Ancientree
Cabinet Co., Ltd. (Ancientree) made sales of wooden cabinets and
vanities and components thereof (cabinets) at prices below normal value
and eight companies had no shipments of subject merchandise during the
period of review (POR) April 1, 2021, through March 31, 2022.
DATES: Applicable November 7, 2023.
FOR FURTHER INFORMATION CONTACT: Jacob Keller, 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) 482-4849.
SUPPLEMENTARY INFORMATION:
Background
On May 5, 2023, Commerce published in the Federal Register the
Preliminary Results of the antidumping duty administrative review and
invited interested parties to comment.\1\ For a complete description of
the events that occurred since Commerce published the Preliminary
Results, see the Issues and Decision Memorandum.\2\ On August 14, 2023,
we extended the deadline for these final results to November 1,
2023.\3\ Commerce conducted this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act).
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\1\ See Wooden Cabinets and Vanities and Components Thereof from
the People's Republic of China: Preliminary Results, Preliminary
Determination of No Shipments, and Partial Recission of the
Antidumping Duty Administrative Review; 2021-2022, 88 FR 29086 (May
5, 2023) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Wooden Cabinets and Vanities and Components Thereof from the
People's Republic of China; 2021-2022,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated August 14, 2023.
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[[Page 76730]]
Scope of the Order 4
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\4\ See Wooden Cabinets and Vanities and Components Thereof from
the People's Republic of China: Antidumping Duty Order, 85 FR 22126
(April 21, 2020) (Order).
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The products covered by this Order are wooden cabinets and vanities
that are for permanent installation (including floor mounted, wall
mounted, ceiling hung or by attachment of plumbing), and wooden
components thereof. For full description of the scope of the Order, see
the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the parties' briefs are addressed in the
Issues and Decision Memorandum. A list of the issues addressed is
included as 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 from the Preliminary Results
Based on our analysis of the comments received, Commerce made
certain revisions to the calculations of the preliminary weighted-
average dumping margins assigned to Ancientree and Dushi, and the non-
examined separate rate respondents. Commerce is also assigning separate
rates to Suzhou Siemo Wood Import & Export Co., Ltd. (Siemo) and
Jiangsu Weisen Houseware Co., Ltd. (Jiangsu Weisen). Regarding Siemo,
we are accepting its separate rate certification because it has a
suspended entry of subject merchandise that entered the United States
during the POR. Regarding Jiangsu Weisen, we find that the entries
associated with Weisen Housewares Co., Ltd. (Weisen) are entries of
subject merchandise applicable to Jiangsu Weisen. Further, based on
information on the record, we are now considering Weisen to be the same
entity as Jiangsu Weisen. As a result, we are assigning Jiangsu Weisen
a separate rate and no longer consider Weisen to be part of the China-
wide entity. The Issues and Decision Memorandum contains a more
detailed discussion of these revisions.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that certain
companies did not have shipments of subject merchandise during the
POR.\5\ As we received no information to contradict our preliminary
determination with respect to those companies, we continue to find that
they made no shipments of subject merchandise to the United States
during the POR. Additionally, we find that Siemo had shipments of
subject merchandise during the POR and, therefore, are granting Siemo a
separate rate in this administrative review.\6\ Accordingly, we will
issue appropriate instructions that are consistent with our ``automatic
assessment'' clarification for the no shipment companies listed in
Appendix II.\7\
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\5\ See Preliminary Results, 88 FR at 29087.
\6\ See Issues and Decision Memorandum at Comment 8.
\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Notice).
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Rates for Non-Examined Separate Rate Respondents
Commerce determines that 25 companies, not individually examined,
are eligible for separate rates in this administrative review.\8\ The
Act and Commerce's regulations do not address the establishment of a
separate rate to be applied to companies not selected for individual
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks 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 separate rate respondents which Commerce did
not examine individually in an administrative review. Section
735(c)(5)(A) of the Act states that the all-others rate should be
calculated by averaging the weighted-average dumping margins calculated
for individually-examined respondents, excluding dumping margins that
are zero, de minimis, or based entirely on facts available.
Accordingly, in the final results of review, we are assigning to the
non-selected separate rate respondents an estimated weighted-average
dumping margin based on the average of Ancientree's and Dushi's rates
weighted by their publicly available ranged U.S. sales values.\9\
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\8\ See Appendix II.
\9\ As explained in the Issues and Decision Memorandum, because
there are only two relevant weighted-average dumping margins for
these preliminary results, using a weighted average of these two
rates risks disclosure of business proprietary information (BPI)
data.
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China-Wide Entity
Commerce considers all other companies, listed in Appendix II of
this notice, for which a review was requested, and which did not
demonstrate separate rate eligibility, to be part of the China-wide
entity.
Final Results of Administrative Review
Commerce determines that the following weighted-average dumping
margin exists for the administrative review covering the period April
1, 2021, through March 31, 2022:
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\10\ See Appendix II.
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
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Fujian Dushi Wooden Industry Co., Ltd....................... 43.40
The Ancientree Cabinet Co., Ltd............................. 8.26
Non-Selected Companies Under Review Receiving a Separate 12.03
Rate \10\..................................................
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Disclosure
Pursuant to 19 CFR 351.224(b), within five days of the publication
of this notice in the Federal Register, we will disclose to the parties
to this proceeding, the calculations that we performed for these final
results of review.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce intends to determine, 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.
Pursuant to 19 CFR 351.212(b)(1), for Ancientree and Dushi, because we
do not have entered values for all U.S. sales to a particular importer
(or customer), Commerce calculated importer-specific per-unit
assessment rates by dividing the total amount of dumping for reviewed
sales of subject merchandise to that importer by the total quantity
sold to that importer. Where an importer-specific per-unit assessment
rate is zero or de minimis (i.e., less than 0.5 percent), Commerce will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\11\
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\11\ See 19 CFR 351.106(c)(2).
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For all non-selected separate rate applicants subject to this
review, we will instruct CBP to liquidate all entries of subject
merchandise that entered the United States during the POR at the
weighted-average of the rates calculated
[[Page 76731]]
for Ancientree and Dushi, as listed above. For entries of subject
merchandise during the POR produced by Ancientree and Dushi for which
they did not know their merchandise was destined for the United States,
we intend to instruct CBP to liquidate such entries at the China-wide
rate if there is no rate for the intermediate company or companies
involved in the transaction.
Consistent with Commerce's assessment practice in non-market
economy cases, for the companies which Commerce determined had no
shipments of the subject merchandise, any suspended entries made under
those exporters' case numbers (i.e., at the exporters' rates) will be
liquidated at the China-wide rate.\12\
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\12\ For a full discussion of this practice, see Assessment
Notice.
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of
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
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
subject to this review will be the rate established in these final
results of the review; (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., 251.64
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.\13\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\13\ See Order, 85 FR at 22126.
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Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 occurred and
the subsequent assessment of double antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of
countervailing duties.
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 return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern BPI 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
We are issuing and publishing these final results of review in
accordance with sections 751(a)(l), 751(a)(2)(B), and 777(i) of the
Act.
Dated: November 1, 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 from the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Total Adverse Facts
Available (AFA) to Ancientree
Comment 2: Whether Commerce Should Select Malayasia as the
Primary Surrogate Country (SC)
Comment 3: Whether Commerce Should Revise the Respondents' Sigma
Freight Calculations
Comment 4: Whether Commerce Should Revise Certain Surrogate
Values (SV)
Comment 5: Whether Commerce Should Exclude Russian Non-Market
Economy (NME) Imports into Bulgaria
Comment 6: Whether Commerce Should Revise the Respondents' Wood
Density Values
Comment 7: Whether Commerce Should Assign Jiangsu Wisen
Houseware Co., Ltd. (Jinagsu Wiesen) and Weisen Houseware Co., Ltd.
(Weisen), a Separate Rate
Comment 8: Whether Commerce Should Accept Suzhou Siemo Wood
Import & Export Co., Ltd.'s (Siemo) No Shipment Certification
Comment 9: Whether Commerce Should Clarify its No Shipment
Policy
VI. Recommendation
Appendix II
No Shipment Companies
1. Dalian Hualing Wood Co., Ltd.
2. Dalian Meisen Woodworking Co., Ltd.
3. Guangzhou Nuolande Import and Export Co., Ltd.
4. Hangzhou Hoca Kitchen & Bath Products Co., Ltd.
5. Linyi Kaipu Furniture Co., Ltd.
6. Senke Manufacturing Company
7. Shandong Longsen Woods Co., Ltd.
8. Shouguang Fushi Wood Co., Ltd.
Non-Selected Companies Under Review Receiving a Separate Rate
1. Anhui Xinyuanda Cupboard Co., Ltd.
2. Dongguan Ri Sheng Home Furnishing Articles Co., Ltd.
3. Goldenhome Living Co., Ltd.
4. Jiang Su Rongxin Wood Industry Co., Ltd. (Formerly known as Jiang
Su Rongxin Cabinets Ltd.)
5. Jiangsu Sunwell Cabinetry Co., Ltd.
6. Jiangsu Weisen Houseware Co., Ltd; Weisen Houseware Co., Ltd.
7. KM Cabinetry Co., Ltd.
8. Kunshan Baiyulan Furniture Co., Ltd.
9. Morewood Cabinetry Co., Ltd.
10. Nantong Aershin Cabinets Co., Ltd.
11. Quanzhou Ample Furnishings Co., Ltd.
12. Qufu Xinyu Furniture Co., Ltd.
13. Shanghai Beautystar Cabinetry Co., Ltd.
14. Shanghai Zifeng International Trading Co., Ltd.
15. Sheen Lead International Trading (Shanghai) Co., Ltd.
16. Suzhou Siemo Wood Import & Export Co., Ltd.
17. Taishan Oversea Trading Co., Ltd.
18. Taizhou Overseas Int'l Ltd.
19. Tech Forest Cabinetry Co., Ltd.
20. Weifang Fuxing Wood Co., Ltd.
21. Xiamen Adler Cabinetry Co., Ltd.
22. Yichun Dongmeng Wood Co., Ltd.
23. Yixing Pengjia Technology Co., Ltd. (Formerly known as Yixing
Pengjia Cabinetry Co., Ltd.)
24. Zhangzhou OCA Furniture Co., Ltd.
25. Zhoushan For-strong Wood Co., Ltd.
Companies Considered To Be Part of the China-Wide Entity
1. Deqing Meisheng Import and Export Co., Ltd.
2. Fujian Senyi Kitchen Cabinet Co., Ltd.
3. Fuzhou Hauster Kitchen Cabinet Manufacturing Co., Ltd.
4. Fuzhou Pyrashine Trading Co., Ltd.
5. Jiang Su Rongxin Import and Export Co., Ltd.
[[Page 76732]]
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
