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]

Download as PDF 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of the notice of final results of administrative review for all shipments of wire rod from Mexico entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results, as provided by section 751(a)(2) of the Act: (1) the cash deposit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. VerDate Sep<11>2014 16:30 Nov 06, 2023 Jkt 262001 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 PO 00000 Order, 67 FR at 65947. Frm 00011 Fmt 4703 Sfmt 4703 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. E:\FR\FM\07NON1.SGM 07NON1 76730 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). VerDate Sep<11>2014 16:30 Nov 06, 2023 Jkt 262001 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 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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 E:\FR\FM\07NON1.SGM Appendix II. 19 CFR 351.106(c)(2). 07NON1 Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Notices khammond on DSKJM1Z7X2PROD with NOTICES 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. VerDate Sep<11>2014 16:30 Nov 06, 2023 Jkt 262001 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 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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. E:\FR\FM\07NON1.SGM 07NON1 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. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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:
---------------------------------------------------------------------------

    \10\ See Appendix II.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
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\..................................................
------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \12\ For a full discussion of this practice, see Assessment 
Notice.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \13\ See Order, 85 FR at 22126.
---------------------------------------------------------------------------

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
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