Wooden Cabinets and Vanities and Components Thereof From the People's Republic of China: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022, 35782-35785 [2024-09579]

Download as PDF 35782 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices khammond on DSKJM1Z7X2PROD with NOTICES change the entry of appearance status from ‘‘Active’’ to ‘‘Needs Amendment’’ for the annual inquiry service lists corresponding to the above-listed proceedings. This will allow those interested parties to make any necessary amendments and resubmit their entries of appearance. If no amendments need to be made, the interested party should indicate in the area on the ACCESS form requesting an explanation for the amendment that it is resubmitting its entry of appearance for inclusion in the annual inquiry service list for the following year. As mentioned in the Final Rule,15 once the petitioners and foreign governments have submitted an entry of appearance for the first time, they will automatically be added to the updated annual inquiry service list each year. Interested parties have 30 days after the date of this notice to submit new or amended entries of appearance. Commerce will then finalize the annual inquiry service lists five business days thereafter. For ease of administration, please note that Commerce requests that law firms with more than one attorney representing interested parties in a proceeding designate a lead attorney to be included on the annual inquiry service list. Commerce may update an annual inquiry service list at any time as needed based on interested parties’ amendments to their entries of appearance to remove or otherwise modify their list of members and representatives, or to update contact information. Any changes or announcements pertaining to these procedures will be posted to the ACCESS website at https://access. trade.gov. Special Instructions for Petitioners and Foreign Governments In the Final Rule, Commerce stated that, ‘‘after an initial request and placement on the annual inquiry service list, both petitioners and foreign governments will automatically be placed on the annual inquiry service list in the years that follow.’’ 16 Accordingly, as stated above and pursuant to 19 CFR 351.225(n)(3), the petitioners and foreign governments will not need to resubmit their entries of appearance each year to continue to be included on the annual inquiry service list. However, the petitioners and foreign governments are responsible for making amendments to their entries of appearance during the annual update to the annual inquiry service list in 15 See Final Rule, 86 FR at 52335. 16 Id. VerDate Sep<11>2014 17:14 May 01, 2024 Jkt 262001 accordance with the procedures described above. This notice is not required by statute but is published as a service to the international trading community. Dated: April 26, 2024. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2024–09581 Filed 5–1–24; 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: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to 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, 2022, through December 31, 2022. In addition, Commerce is rescinding this review, in part, with respect to 28 companies. Interested parties are invited to comment on these preliminary results. DATES: Applicable May 2, 2024. FOR FURTHER INFORMATION CONTACT: Suresh Maniam or Michael Romani, 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) 482–1603 or (202) 482–0198, respectively. AGENCY: Background On April 21, 2020, Commerce published in the Federal Register the countervailing duty (CVD) order on wooden cabinets from China.1 On June 12, 2023, Commerce published in the Federal Register the notice of initiation of an administrative review of the Order.2 On August 16, 2023, Commerce 1 See Wooden Cabinets and Vanities and Components Thereof from the People’s Republic of China: Countervailing Duty Order, 85 FR 22134 (April 21, 2020) (Order). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 38021, 38033 (June 12, 2023). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 selected The Ancientree Cabinet Co., Ltd. (Ancientree) and Jiangsu Sunwell Cabinet Co. Ltd. (Sunwell) for individual examination as the mandatory respondents in this administrative review.3 Between September 13 and October 25, 2023, multiple parties either withdrew their requests for review or did not respond to our initial questionnaire.4 On November 13, 2023, we also selected Yixing Pengjia Cabinetry Co., Ltd. for individual examination as a mandatory respondent.5 During the course of this proceeding, Yixing Pengjia Cabinetry Co., Ltd. explained that its name changed to Yixing Pengjia Technology Co., Ltd. (Pengjia). On December 4, 2023, we extended the deadline for the preliminary results of this administrative review until April 26, 2024.6 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.7 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Order The product covered by the Order is wooden cabinets from China. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found 3 See Memorandum, ‘‘Respondent Selection,’’ dated August 16, 2023. 4 For a full description of events regarding respondent selection, see Memorandum ‘‘Fourth Respondent Selection,’’ dated November 13, 2023. 5 Id. 6 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review,’’ dated October 30, 2023. 7 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Administrative Review of the Countervailing Duty Order on Wooden Cabinets and Vanities and Components Thereof from the People’s Republic of China; 2022,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\02MYN1.SGM 02MYN1 35783 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices countervailable, Commerce preliminarily finds that there is a subsidy (i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific).8 For a full description of the methodology underlying our conclusions, including our reliance, in part, on adverse facts available pursuant to sections 776(a) and (b) of the Act, see the Preliminary Decision Memorandum. to 19 companies because there are no reviewable suspended entries.10 No parties commented on the notification of intent to rescind the review, in part. Pursuant to 19 CFR 351.213(d)(3), we are rescinding the administrative review of these companies. For additional information regarding this determination, see the Preliminary Decision Memorandum. For a list of these companies with no reviewable suspended entries, see Appendix III. Rescission of Administrative Review, in Part Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation. Commerce received timely-filed withdrawal of review requests for nine companies.9 Because the withdrawal requests were timely filed and no other parties requested a review of these companies, we are rescinding this review of the Order, in accordance with 19 CFR 351.213(d)(1). For a list of these companies with timely-filed withdrawal of review requests, see Appendix II. Based on our analysis of U.S. Customs and Border Protection (CBP) data, we determine that 19 companies had no entries of subject merchandise during the POR. On August 21, 2023, we notified parties of our intent to rescind the administrative review with respect Preliminary Rate for Non-Selected Companies Under Review There are seven companies for which a review was requested and not rescinded, and which were not selected as mandatory respondents or found to be cross-owned with a mandatory respondent. The statute and Commerce’s regulations do not directly address the establishment of rates to be applied to companies not selected for individual examination where Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. However, Commerce normally determines the rates for non-selected companies in reviews in a manner that is consistent with section 705(c)(5) of the Act, which provides the basis for calculating the allothers rate in an investigation. Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general rule, to calculate an all-others rate equal to the weighted average of the countervailable subsidy rates established for exporters and/or producers individually examined, excluding any rates that are zero, de minimis, or based entirely on facts available. In this review, the preliminary rates calculated for Ancientree and Pengjia were above de minimis and not based entirely on facts available. Therefore, we are applying to the non-selected companies the average of the net subsidy rates calculated for Ancientree and Pengjia, which we calculated using the publicly-ranged sales data.11 This methodology to establish the rate for the non-selected companies uses section 705(c)(5)(A) of the Act, which governs the calculation of the all-others rate in an investigation, as guidance. For further information on the calculation of the non-selected respondent rate, see the Preliminary Decision Memorandum. Preliminary Results of Review We preliminarily find that Yixing Pengjia Technology Co., Ltd.’s claim that it is the same company as Yixing Pengjia Cabinetry Co., Ltd. is supported by information on the record. For a complete description, see the Preliminary Decision Memorandum. Parties are invited to comment on this issue for the final results. As a result of this administrative review, we preliminarily find that the following net countervailable subsidy rates exist for the period January 1, 2022, through December 31, 2022: Subsidy rate (percent ad valorem) Company The Ancientree Cabinet Co., Ltd ......................................................................................................................................... Yixing Pengjia Technology Co., Ltd.12 ................................................................................................................................ Jiangsu Sunwell Cabinetry Co Ltd.13 .................................................................................................................................. Taizhou Overseas Trading Company Ltd ........................................................................................................................... Taishan Oversea Trading Company Ltd ............................................................................................................................. 14.23 0.91 163.46 163.46 163.46 Review-Specific Average Rate Applicable to the Following Companies 14 khammond on DSKJM1Z7X2PROD with NOTICES Fujian Dushi Wooden Industry Co., Ltd .............................................................................................................................. Fuzhou CBM Import & Export Co., Ltd ............................................................................................................................... KM Cabinetry Co., Ltd ......................................................................................................................................................... Nantong Aershin Cabinet Co., Ltd ...................................................................................................................................... Shouguang Fushi Wood Co., Ltd ........................................................................................................................................ Weifang Fuxing Wood Co., Ltd ........................................................................................................................................... Xiamen Adler Cabinetry Co., Ltd ......................................................................................................................................... 8 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. 9 See Letter on Behalf of Several Companies, ‘‘Withdrawal of Request for Administrative Review,’’ dated July 11, 2023 (on behalf of Shanghai Zifeng International Trading Co., Ltd. and Linyi Bonn Flooring Manufacture Co. Ltd.); see also Letter on Behalf of Several Companies, ‘‘Withdrawal of Requests for Administrative Review,’’ dated September 11, 2023. VerDate Sep<11>2014 17:14 May 01, 2024 Jkt 262001 10 See Memorandum, ‘‘Intent to Rescind Review, in Part,’’ dated August 21, 2023. 11 With two respondents under examination, Commerce normally calculates: (A) a weightedaverage of the estimated subsidy rates calculated for the examined respondents; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged U.S. sale quantities for the merchandise under consideration. Commerce then PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 17.20 17.20 17.20 17.20 17.20 17.20 17.20 compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See, e.g., Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). E:\FR\FM\02MYN1.SGM 02MYN1 35784 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices Cash Deposit Requirements In accordance with section 751(a)(2)(C) of the Act, Commerce intends, upon publication of the final results, to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts calculated in the final results of this review for the respective companies listed above, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. If the rate calculated in the final results is zero or de minimis, no cash deposit will be required on shipments of the subject merchandise entered or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all nonreviewed companies, CBP will continue to collect cash deposits of estimated countervailing duties at the all-others rate (i.e., 20.93 percent) 15 or the most recent company-specific rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice. khammond on DSKJM1Z7X2PROD with NOTICES Assessment Rates In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily assigned subsidy rates in the amounts shown above for the producers/ exporters shown above. Consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), upon issuance of the final results, Commerce shall determine, and CBP shall assess, countervailing duties on all appropriate entries covered by this review. For the companies for which this review is rescinded with these preliminary results, we will instruct 12 This company was formerly known as Yixing Pengjia Cabinetry Co., Ltd. See Pengjia’s Letter ‘‘Section III,’’ dated January 4, 2024, at 2 and Exhibit 5.1. 13 Commerce previously found Shanghai Beautystar Cabinetry Co., Ltd. to be a cross-owned affiliate with Jiangsu Sunwell Cabinetry Co Ltd. 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), and accompanying Preliminary Decision Memorandum at 33, unchanged in 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, 88 FR 76732 (November 7, 2023). 14 This rate is based on the rate for the respondents that were selected for individual review, excluding rates that are zero, de minimis, or based entirely on facts available. See section 705(c)(5)(A) of the Act. 15 See Order, 85 FR at 22135. VerDate Sep<11>2014 17:14 May 01, 2024 Jkt 262001 CBP to assess countervailing duties on all appropriate entries at a rate equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period January 1, 2022, through December 31, 2022, in accordance with 19 CFR 351.212(c)(l)(i). For companies remaining under review, we intend to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Disclosure and Public Comment Commerce intends to disclose its calculations and analysis performed to interested parties for these preliminary results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs no later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the date for filing case briefs.16 Parties who submit case or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) a table of contents listing each issue; and (2) a table of authorities.17 As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.18 Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the 19 CFR 351.309(d). 19 CFR 351.309(c)(2) and (d)(2). 18 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. final results in this administrative review. We request that interested parties include footnotes for relevant citations in the public executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).19 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.20 Requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants and whether any participant is a foreign national; and (3) a list of issues to be discussed. If a request for a hearing is made, we will inform parties of the scheduled date and time for the hearing. Final Results Unless extended, we intend to issue the final results of this administrative review, which will include the results of our analysis of the issues raised in case briefs, within 120 days after the date of publication of these preliminary results in the Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). Notification to Interested Parties These preliminary results and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 351.221(b)(4). Dated: April 26, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Recission of Administrative Review, in Part V. Non-Selected Companies Under Review VI. Diversification of China’s Economy 16 See 17 See PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 19 See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023). 20 See 19 CFR 351.310(c). E:\FR\FM\02MYN1.SGM 02MYN1 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices VII. Use of Facts Available and Application of Adverse Inferences VIII. Subsidies Valuation IX. Interest Rate, Discount Rate, Input, Electricity, and Land Benchmarks X. Analysis of Programs XI. Recommendation Appendix II List of Companies Which Timely Withdrew Requests for Review 1. Shanghai Zifeng International Trading Co., Ltd. 2. Linyi Bonn Flooring Manufacture Co. Ltd. 3. Linyi Bomei Furniture Co., Ltd. 4. Honsoar New Building Material Co., Ltd. 5. Qingdao Shousheng Industry Co., Ltd. 6. Jiang Su Rongxin Wood Industry Co., Ltd. 7. Weifang Yuanlin Woodenware Co., Ltd. 8. Morewood Cabinetry Co., Ltd. 9. Pizhou Ouyme Import & Export Trade Co., Ltd. Appendix III List of Companies Which Did Not Have Reviewable Entries During the POR 1. Changyi Zhengheng Woodwork Co. Ltd. 2. Dalian Hualing Wood Co., Ltd. 3. Dalian Meisen Woodworking Co. Ltd. and Dalian Hechang Technology Development Co., Ltd. 4. Fujian Leifeng Cabinetry Co., Ltd. 5. Goldenhome Living Co. Ltd. 6. Guangzhou Nuolande Import and Export Co., Ltd. 7. Jiangsu Beichen Wood Co., Ltd. 8. Jiangsu Xiangsheng Bedtime Furniture Co., Ltd. 9. Linyi Kaipu Furniture Co., Ltd. 10. Senke Manufacturing Company 11. Shandong Jinhua Wood Co., Ltd. 12. Shandong Longsen Woods Co., Ltd. 13. Suofeiya Home Collection Co., Ltd. 14. Taishan Hongxiang Trading Co., Ltd. 15. Xuzhou Yihe Wood Co., Ltd. 16. Zaozhuang New Sharp Import & Export Trading Co., Ltd. 17. Zhangzhou OCA Furniture Co., Ltd. 18. Zhongshan NU Furniture Co., Ltd. 19. Zhoushan For-Strong Wood Co. Ltd. Appendix IV khammond on DSKJM1Z7X2PROD with NOTICES List of Non-Selected Companies Subject to This Administrative Review 1. Fujian Dushi Wooden Industry Co., Ltd. 2. Fuzhou CBM Import & Export Co., Ltd. 3. KM Cabinetry Co., Ltd. 4. Nantong Aershin Cabinet Co., Ltd 5. Shouguang Fushi Wood Co., Ltd 6. Weifang Fuxing Wood Co., Ltd. 7. Xiamen Adler Cabinetry Co., Ltd. [FR Doc. 2024–09579 Filed 5–1–24; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:14 May 01, 2024 Jkt 262001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–106] Wooden Cabinet and Vanities and Components Thereof From the People’s Republic of China: Preliminary Results, Preliminary Determination of No Shipments, and Partial Rescission of the Antidumping Duty Administrative Review; 2022– 2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers and/ or exporters did not make sales of wooden cabinets and vanities and components thereof (wooden cabinets) from the People’s Republic of China at less than normal value (NV) during the period of review (POR) April 1, 2022, through March 31, 2023. In addition, Commerce preliminarily determines that 30 companies are eligible for a separate rate and 12 companies had no shipments of subject merchandise during the POR. Further, Commerce is rescinding this review with respect to two companies. Interested parties are invited to comment on these preliminary results. DATES: Applicable May 2, 2024. FOR FURTHER INFORMATION CONTACT: Garry Kasparov, 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) 482–1397. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 21, 2020, Commerce published in the Federal Register the antidumping duty (AD) order on wooden cabinets from China.1 On June 12, 2023, Commerce initiated an administrative review of the Order.2 On September 25, 2023, Commerce selected Ancientree and Jiangsu Sunwell Cabinetry Co., Ltd. (Sunwell) as the mandatory respondents.3 On September 27, 2023, Commerce issued the initial AD questionnaire to 1 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). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 38021, 38033 (June 12, 2023). 3 See Memorandum, ‘‘Respondent Selection,’’ dated September 25, 2023 (Respondent Selection Memorandum). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 35785 Ancientree and Sunwell.4 Sunwell failed to respond to the initial questionnaire by the deadline. Consequently, on November 17, 2023, Commerce selected Jiangsu Weisen Houseware Co., Ltd. (Weisen) as a mandatory respondent.5 On November 30, 2023, Commerce extended the deadline for the preliminary results of this administrative review until April 26, 2024.6 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.7 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Order The merchandise covered by the Order is wooden cabinets from China. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this administrative review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Because China is a non-market economy (NME) country within the meaning of section 771(18) of the Act, we calculated NV in accordance with section 773(c) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. 4 See Commerce’s Letters, ‘‘Initial Questionnaire,’’ dated September 27, 2023 (Initial AD Questionnaire). 5 See Memorandum, ‘‘Second Respondent Selection,’’ dated November 17, 2023 (Second Respondent Selection Memorandum). 6 See Memorandum ‘‘Extension of Deadline for Preliminary Results,’’ dated November 30, 2023. 7 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Rescission, in Part, 2022– 2023: Wooden Cabinets and Vanities and Components Thereof from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\02MYN1.SGM 02MYN1

Agencies

[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35782-35785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09579]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-107]


Wooden Cabinets and Vanities and Components Thereof From the 
People's Republic of China: Preliminary Results and Partial Rescission 
of Countervailing Duty Administrative Review; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies were provided to 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, 2022, through December 31, 2022. 
In addition, Commerce is rescinding this review, in part, with respect 
to 28 companies. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable May 2, 2024.

FOR FURTHER INFORMATION CONTACT: Suresh Maniam or Michael Romani, 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) 482-1603 or (202) 
482-0198, respectively.

Background

    On April 21, 2020, Commerce published in the Federal Register the 
countervailing duty (CVD) order on wooden cabinets from China.\1\ On 
June 12, 2023, Commerce published in the Federal Register the notice of 
initiation of an administrative review of the Order.\2\ On August 16, 
2023, Commerce selected The Ancientree Cabinet Co., Ltd. (Ancientree) 
and Jiangsu Sunwell Cabinet Co. Ltd. (Sunwell) for individual 
examination as the mandatory respondents in this administrative 
review.\3\ Between September 13 and October 25, 2023, multiple parties 
either withdrew their requests for review or did not respond to our 
initial questionnaire.\4\ On November 13, 2023, we also selected Yixing 
Pengjia Cabinetry Co., Ltd. for individual examination as a mandatory 
respondent.\5\ During the course of this proceeding, Yixing Pengjia 
Cabinetry Co., Ltd. explained that its name changed to Yixing Pengjia 
Technology Co., Ltd. (Pengjia). On December 4, 2023, we extended the 
deadline for the preliminary results of this administrative review 
until April 26, 2024.\6\
---------------------------------------------------------------------------

    \1\ See Wooden Cabinets and Vanities and Components Thereof from 
the People's Republic of China: Countervailing Duty Order, 85 FR 
22134 (April 21, 2020) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 38021, 38033 (June 12, 2023).
    \3\ See Memorandum, ``Respondent Selection,'' dated August 16, 
2023.
    \4\ For a full description of events regarding respondent 
selection, see Memorandum ``Fourth Respondent Selection,'' dated 
November 13, 2023.
    \5\ Id.
    \6\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review,'' dated 
October 30, 2023.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\7\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as Appendix I to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Countervailing Duty 
Order on Wooden Cabinets and Vanities and Components Thereof from 
the People's Republic of China; 2022,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The product covered by the Order is wooden cabinets from China. For 
a complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each of the subsidy programs found

[[Page 35783]]

countervailable, Commerce preliminarily finds that there is a subsidy 
(i.e., a government-provided financial contribution that gives rise to 
a benefit to the recipient, and that the subsidy is specific).\8\ For a 
full description of the methodology underlying our conclusions, 
including our reliance, in part, on adverse facts available pursuant to 
sections 776(a) and (b) of the Act, see the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \8\ 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.
---------------------------------------------------------------------------

Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Commerce received timely-filed 
withdrawal of review requests for nine companies.\9\ Because the 
withdrawal requests were timely filed and no other parties requested a 
review of these companies, we are rescinding this review of the Order, 
in accordance with 19 CFR 351.213(d)(1). For a list of these companies 
with timely-filed withdrawal of review requests, see Appendix II.
---------------------------------------------------------------------------

    \9\ See Letter on Behalf of Several Companies, ``Withdrawal of 
Request for Administrative Review,'' dated July 11, 2023 (on behalf 
of Shanghai Zifeng International Trading Co., Ltd. and Linyi Bonn 
Flooring Manufacture Co. Ltd.); see also Letter on Behalf of Several 
Companies, ``Withdrawal of Requests for Administrative Review,'' 
dated September 11, 2023.
---------------------------------------------------------------------------

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
data, we determine that 19 companies had no entries of subject 
merchandise during the POR. On August 21, 2023, we notified parties of 
our intent to rescind the administrative review with respect to 19 
companies because there are no reviewable suspended entries.\10\ No 
parties commented on the notification of intent to rescind the review, 
in part. Pursuant to 19 CFR 351.213(d)(3), we are rescinding the 
administrative review of these companies. For additional information 
regarding this determination, see the Preliminary Decision Memorandum. 
For a list of these companies with no reviewable suspended entries, see 
Appendix III.
---------------------------------------------------------------------------

    \10\ See Memorandum, ``Intent to Rescind Review, in Part,'' 
dated August 21, 2023.
---------------------------------------------------------------------------

Preliminary Rate for Non-Selected Companies Under Review

    There are seven companies for which a review was requested and not 
rescinded, and which were not selected as mandatory respondents or 
found to be cross-owned with a mandatory respondent. The statute and 
Commerce's regulations do not directly address the establishment of 
rates to be applied to companies not selected for individual 
examination where Commerce limits its examination in an administrative 
review pursuant to section 777A(e)(2) of the Act. However, Commerce 
normally determines the rates for non-selected companies in reviews in 
a manner that is consistent with section 705(c)(5) of the Act, which 
provides the basis for calculating the all-others rate in an 
investigation.
    Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general 
rule, to calculate an all-others rate equal to the weighted average of 
the countervailable subsidy rates established for exporters and/or 
producers individually examined, excluding any rates that are zero, de 
minimis, or based entirely on facts available. In this review, the 
preliminary rates calculated for Ancientree and Pengjia were above de 
minimis and not based entirely on facts available. Therefore, we are 
applying to the non-selected companies the average of the net subsidy 
rates calculated for Ancientree and Pengjia, which we calculated using 
the publicly-ranged sales data.\11\ This methodology to establish the 
rate for the non-selected companies uses section 705(c)(5)(A) of the 
Act, which governs the calculation of the all-others rate in an 
investigation, as guidance. For further information on the calculation 
of the non-selected respondent rate, see the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \11\ With two respondents under examination, Commerce normally 
calculates: (A) a weighted-average of the estimated subsidy rates 
calculated for the examined respondents; (B) a simple average of the 
estimated subsidy rates calculated for the examined respondents; and 
(C) a weighted-average of the estimated subsidy rates calculated for 
the examined respondents using each company's publicly-ranged U.S. 
sale quantities for the merchandise under consideration. Commerce 
then compares (B) and (C) to (A) and selects the rate closest to (A) 
as the most appropriate rate for all other producers and exporters. 
See, e.g., Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010).
---------------------------------------------------------------------------

Preliminary Results of Review

    We preliminarily find that Yixing Pengjia Technology Co., Ltd.'s 
claim that it is the same company as Yixing Pengjia Cabinetry Co., Ltd. 
is supported by information on the record. For a complete description, 
see the Preliminary Decision Memorandum. Parties are invited to comment 
on this issue for the final results. As a result of this administrative 
review, we preliminarily find that the following net countervailable 
subsidy rates exist for the period January 1, 2022, through December 
31, 2022:

------------------------------------------------------------------------
                                                  Subsidy rate (percent
                    Company                            ad valorem)
------------------------------------------------------------------------
The Ancientree Cabinet Co., Ltd................                    14.23
Yixing Pengjia Technology Co., Ltd.\12\........                     0.91
Jiangsu Sunwell Cabinetry Co Ltd.\13\..........                   163.46
Taizhou Overseas Trading Company Ltd...........                   163.46
Taishan Oversea Trading Company Ltd............                   163.46
------------------------------------------------------------------------
 Review-Specific Average Rate Applicable to the Following Companies \14\
------------------------------------------------------------------------
Fujian Dushi Wooden Industry Co., Ltd..........                    17.20
Fuzhou CBM Import & Export Co., Ltd............                    17.20
KM Cabinetry Co., Ltd..........................                    17.20
Nantong Aershin Cabinet Co., Ltd...............                    17.20
Shouguang Fushi Wood Co., Ltd..................                    17.20
Weifang Fuxing Wood Co., Ltd...................                    17.20
Xiamen Adler Cabinetry Co., Ltd................                    17.20
------------------------------------------------------------------------


[[Page 35784]]

Cash Deposit Requirements
---------------------------------------------------------------------------

    \12\ This company was formerly known as Yixing Pengjia Cabinetry 
Co., Ltd. See Pengjia's Letter ``Section III,'' dated January 4, 
2024, at 2 and Exhibit 5.1.
    \13\ Commerce previously found Shanghai Beautystar Cabinetry 
Co., Ltd. to be a cross-owned affiliate with Jiangsu Sunwell 
Cabinetry Co Ltd. 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), and accompanying Preliminary Decision 
Memorandum at 33, unchanged in 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, 88 FR 76732 (November 7, 2023).
    \14\ This rate is based on the rate for the respondents that 
were selected for individual review, excluding rates that are zero, 
de minimis, or based entirely on facts available. See section 
705(c)(5)(A) of the Act.
---------------------------------------------------------------------------

    In accordance with section 751(a)(2)(C) of the Act, Commerce 
intends, upon publication of the final results, to instruct CBP to 
collect cash deposits of estimated countervailing duties in the amounts 
calculated in the final results of this review for the respective 
companies listed above, on shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this administrative review. If the 
rate calculated in the final results is zero or de minimis, no cash 
deposit will be required on shipments of the subject merchandise 
entered or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this review. For all non-
reviewed companies, CBP will continue to collect cash deposits of 
estimated countervailing duties at the all-others rate (i.e., 20.93 
percent) \15\ or the most recent company-specific rate applicable to 
the company, as appropriate. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \15\ See Order, 85 FR at 22135.
---------------------------------------------------------------------------

Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned subsidy rates in the amounts shown above for the producers/
exporters shown above. Consistent with section 751(a)(1) of the Act and 
19 CFR 351.212(b)(2), upon issuance of the final results, Commerce 
shall determine, and CBP shall assess, countervailing duties on all 
appropriate entries covered by this review.
    For the companies for which this review is rescinded with these 
preliminary results, we will instruct CBP to assess countervailing 
duties on all appropriate entries at a rate equal to the cash deposit 
of estimated countervailing duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the period January 
1, 2022, through December 31, 2022, in accordance with 19 CFR 
351.212(c)(l)(i). For companies remaining under review, we intend to 
issue assessment instructions to CBP no earlier than 35 days after the 
date of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).

Disclosure and Public Comment

    Commerce intends to disclose its calculations and analysis 
performed to interested parties for these preliminary results within 
five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed no later than seven days after the date for filing case 
briefs.\16\ Parties who submit case or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) a table of 
contents listing each issue; and (2) a table of authorities.\17\
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.309(d).
    \17\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\18\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\19\
---------------------------------------------------------------------------

    \18\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \19\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069, 67077 (September 29, 2023).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, filed electronically via ACCESS. An 
electronically filed document must be received successfully in its 
entirety by Commerce's electronic records system, ACCESS, by 5:00 p.m. 
Eastern Time within 30 days after the date of publication of this 
notice.\20\ Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants and whether any 
participant is a foreign national; and (3) a list of issues to be 
discussed. If a request for a hearing is made, we will inform parties 
of the scheduled date and time for the hearing.
---------------------------------------------------------------------------

    \20\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Final Results

    Unless extended, we intend to issue the final results of this 
administrative review, which will include the results of our analysis 
of the issues raised in case briefs, within 120 days after the date of 
publication of these preliminary results in the Federal Register, 
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Notification to Interested Parties

    These preliminary results and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: April 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Recission of Administrative Review, in Part
V. Non-Selected Companies Under Review
VI. Diversification of China's Economy

[[Page 35785]]

VII. Use of Facts Available and Application of Adverse Inferences
VIII. Subsidies Valuation
IX. Interest Rate, Discount Rate, Input, Electricity, and Land 
Benchmarks
X. Analysis of Programs
XI. Recommendation

Appendix II

List of Companies Which Timely Withdrew Requests for Review

1. Shanghai Zifeng International Trading Co., Ltd.
2. Linyi Bonn Flooring Manufacture Co. Ltd.
3. Linyi Bomei Furniture Co., Ltd.
4. Honsoar New Building Material Co., Ltd.
5. Qingdao Shousheng Industry Co., Ltd.
6. Jiang Su Rongxin Wood Industry Co., Ltd.
7. Weifang Yuanlin Woodenware Co., Ltd.
8. Morewood Cabinetry Co., Ltd.
9. Pizhou Ouyme Import & Export Trade Co., Ltd.

Appendix III

List of Companies Which Did Not Have Reviewable Entries During the POR

1. Changyi Zhengheng Woodwork Co. Ltd.
2. Dalian Hualing Wood Co., Ltd.
3. Dalian Meisen Woodworking Co. Ltd. and Dalian Hechang Technology 
Development Co., Ltd.
4. Fujian Leifeng Cabinetry Co., Ltd.
5. Goldenhome Living Co. Ltd.
6. Guangzhou Nuolande Import and Export Co., Ltd.
7. Jiangsu Beichen Wood Co., Ltd.
8. Jiangsu Xiangsheng Bedtime Furniture Co., Ltd.
9. Linyi Kaipu Furniture Co., Ltd.
10. Senke Manufacturing Company
11. Shandong Jinhua Wood Co., Ltd.
12. Shandong Longsen Woods Co., Ltd.
13. Suofeiya Home Collection Co., Ltd.
14. Taishan Hongxiang Trading Co., Ltd.
15. Xuzhou Yihe Wood Co., Ltd.
16. Zaozhuang New Sharp Import & Export Trading Co., Ltd.
17. Zhangzhou OCA Furniture Co., Ltd.
18. Zhongshan NU Furniture Co., Ltd.
19. Zhoushan For-Strong Wood Co. Ltd.

Appendix IV

List of Non-Selected Companies Subject to This Administrative Review

1. Fujian Dushi Wooden Industry Co., Ltd.
2. Fuzhou CBM Import & Export Co., Ltd.
3. KM Cabinetry Co., Ltd.
4. Nantong Aershin Cabinet Co., Ltd
5. Shouguang Fushi Wood Co., Ltd
6. Weifang Fuxing Wood Co., Ltd.
7. Xiamen Adler Cabinetry Co., Ltd.

[FR Doc. 2024-09579 Filed 5-1-24; 8:45 am]
 BILLING CODE 3510-DS-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.