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, 35785-35788 [2024-09580]
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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
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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:
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).
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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).
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Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices
Preliminary Determination of No
Shipments
Based on information on the record,
Commerce preliminarily determines
that 12 companies subject to this
administrative review had no shipments
of subject merchandise during the POR.8
Commerce is not rescinding this review
with respect to these companies but,
rather, intends to complete the review
and issue appropriate instructions to
U.S. Customs and Border Protection
(CBP) based on the final results of the
review.9 For additional information
regarding these preliminary
determinations of no shipments, see the
Preliminary Decision Memorandum.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party that requested a review
withdraws its request within 90 days of
the date of publication of the notice of
initiation. The requests for an
administrative review of two
companies, Suofeiya Home Collection
Co., Ltd., and Linyi Bonn Flooring
Manufacture Co., Ltd., were timely
withdrawn within 90 days of the date of
publication of the Initiation Notice.10 As
a result, Commerce is rescinding this
review with respect to both companies
in accordance with 19 CFR
351.213(d)(1).
Separate Rates
Commerce preliminarily determines
that 30 non-individually examined
companies under review are eligible for
separate rates in this administrative
review.11 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. For the
preliminary results of this review,
Commerce has determined the
estimated dumping margins for
Ancientree and Weisen to be zero. For
the reasons explained in the Preliminary
Decision Memorandum, we are
assigning this rate to the non-examined
respondents which qualify for a separate
rate.
China-Wide Entity
Under Commerce’s policy regarding
the conditional review of the Chinawide entity,12 the China-wide entity
will not be under review unless a party
specifically requests, or Commerce selfinitiates, a review of the entity. Because
no party requested a review of the
China-wide entity in this review, the
entity is not under review, and the
entity’s rate (i.e., 251.64 percent) is not
subject to change.13
For these preliminary results,
Commerce preliminarily determines
that 20 companies for which a review
was requested, but did not file a
separate rate application or demonstrate
separate rate eligibility, including
Sunwell, to be part of the China-wide
entity.14
Preliminary Results of Review
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist for the
administrative review covering the
period April 1, 2022, through March 31,
2023:
Weighted-average
dumping margin
(percent)
Exporter
Jiangsu Weisen Houseware Co., Ltd ..........................................................................................................................................
The Ancientree Cabinet Co., Ltd .................................................................................................................................................
Non-Examined Companies Receiving a Separate Rate 15 .........................................................................................................
Disclosure and Public Comment
Commerce will disclose to parties to
this proceeding the calculations
performed for these preliminary results
within five days after public
announcement of the preliminary
results or, if there is no public
announcement, within five days of the
date of publication of this notice in the
Federal Register, pursuant to 19 CFR
351.224(b).
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
no later than 30 days after the date of
8 See
Appendix II.
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 October 24, 2011); see also the
‘‘Assessment Rates’’ section, infra.
10 See Suofeiya Home Collection Co., Ltd.’s
Letter, ‘‘Withdrawal of Request for Review,’’ dated
July 3, 2023, and Linyi Bonn Flooring Manufacture
Co. Ltd.’ Letter ‘‘Withdrawal of Request for
Administrative Review,’’ dated July 11, 2023.
11 See Appendix III; see also Preliminary Decision
Memorandum at the ‘‘Separate Rate Determination’’
section for more details.
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9 See
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0.00
0.00
0.00
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs.16 Interested parties who submit
case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
contents listing each issue; and (2) a
table of authorities.17 All briefs must be
filed electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety in
ACCESS by 5:00 p.m. Eastern Time on
the established deadline.
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 briefs 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
12 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
13 See Order.
14 See Initiation Notice (‘‘All firms listed below
that wish to qualify for separate rate status in the
administrative reviews involving NME countries
must complete, as appropriate, either a separate rate
application or certification, as described below.’’);
see also Appendix IV for the list of companies
under review that are determined to be part of the
China-wide entity.
15 See Appendix III.
16 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Procedures).
17 See 19 351.309(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.
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Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices
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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
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice. Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made,
Commerce will inform parties of the
scheduled date for the hearing.20
Assessment Rates
Upon issuing the final results,
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.21 If the preliminary results are
unchanged for the final results, we will
instruct CBP to apply an ad valorem
assessment rate of 251.64 percent to all
entries of subject merchandise during
the POR which were exported by the
companies considered to be a part of the
China-wide entity listed in Appendix IV
of this notice. If Commerce determines
that an exporter under review had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
at that exporter’s rate) will be liquidated
at the China-wide rate.22
For the companies for which
Commerce is not rescinding this
administrative review, Commerce
intends 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
19 See
APO and Service Procedures.
19 CFR 351.310(d).
21 See 19 CFR 351.212(b)(1).
22 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65695 (October 24, 2011).
20 See
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statutory injunction has expired (i.e.,
within 90 days of publication).
of antidumping duties by the amount of
the countervailing duties.
Cash Deposit Requirements
Notification to Interested Parties
Commerce is issuing and publishing
the preliminary results of this review in
accordance with sections 751(a)(1)(B),
751(a)(3) and 777(i) of the Act, and 19
CFR 351.213(d)(4) and 351.221(b)(4).
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the publication date, as provided
by section 751(a)(2)(C) of the Act: (1) for
the subject merchandise exported by the
company listed above that has a
separate rate, the cash deposit rate will
be equal to the weighted-average
dumping margin established in the final
results of this administrative review
(except, if the rate is zero or de minimis,
then zero cash deposit will be required);
(2) for previously investigated or
reviewed Chinese and non-Chinese
exporters not listed above that received
a separate rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific rate; (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 that for the China-wide entity; and
(4) for all non-Chinese exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
Chinese exporter that supplied that nonChinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Final Results of Review
Unless extended, Commerce intends
to issue the final results of this
administrative review, which will
include the results of Commerce’s
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 Importers
This notice 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 and/or countervailing
duties prior to liquidation of the
relevant entries during these PORs.
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
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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. Partial Rescission of Administrative
Review
IV. Scope of the Order
V. No-Shipment Certifications
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Adjustment Under Section 777A(f) of
the Act
IX. Recommendation
Appendix II
Companies Preliminarily Determined To
Have No Shipments
1. Anhui Xinyuanda Cupboard Co., Ltd.
2. Dalian Hualing Wood Co., Ltd.
3. Dalian Meisen Woodworking Co., Ltd.
4. Dongguan Ri Sheng Home Furnishing
Articles Co., Ltd.
5. Hangzhou Hoca Kitchen & Bath Products
Co., Ltd.
6. Kunshan Baiyulan Furniture Co., Ltd.
7. Pizhou Ouyme Import & Export Trade Co.,
Ltd.
8. Quanzhou Ample Furnishings Co., Ltd.
9. Suzhou Siemo Wood Import & Export Co.,
Ltd.
10. Tech Forest Cabinetry Co., Ltd.
11. Weifang Fuxing Wood Co., Ltd.
12. Zhoushan For-Strong Wood Co.
Appendix III
Non-Examined Companies Under Review
Receiving a Separate Rate
1. Changyi Zhengzheng Woodwork Co., Ltd.
2. Fujian Dushi Wooden Industry Co., Ltd.
3. Fujian Leifeng Cabinetry Co., Ltd.
4. Fuzhou CBM Imp & Exp Co., Ltd.
5. Goldenhome Living Co., Ltd.
6. Guangzhou Nuolande Import and Export
Co., Ltd.
7. Honsoar New Building Material Co., Ltd.
8. Jiang Su Rongxin Wood Industry Co., Ltd.
(Formerly known as Jiang Su Rongxin
Cabinets Ltd.)
9. Jiangsu Beichen Wood Co., Ltd.
10. KM Cabinetry Co., Ltd.
11. Linyi Kaipu Furniture Co., Ltd.
12. Morewood Cabinetry Co., Ltd.
13. Qingdao Shousheng Industry Co., Ltd
14. Senke Manufacturing Company
15. Shandong Jinhua Wood Co., Ltd.
16. Shandong Longsen Woods Co., Ltd.
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17. Shanghai Zifeng International Trading
Co., Ltd
18. Sheen Lead International Trading
(Shanghai) Co., Ltd.
19. Shouguang Fushi Wood Co., Ltd.
20. Taishan Hongxiang Trading Co., Ltd.
21. Taishan Oversea Trading Co., Ltd.
22. Taizhou Overseas Int’l Ltd.
23. Weifang Yuanlin Woodware Co., Ltd.
24. Weihai Jarlin Cabinetry Manufacture Co.,
Ltd.
25. Xiamen Adler Cabinetry Co., Ltd.
26. Xiamen Golden Huanan Imp & Exp Co.,
Ltd.
27. Xuzhou Yihe Wood Co., Ltd.
28. Yixing Pengjia Technology Co., Ltd.
(formally known as Yixing Pengjia
Cabinetry Co., Ltd.)
29. Zhangzhou OCA Furniture Co., Ltd.
30. Zhongshan NU Furniture Co., Ltd.
Appendix IV
Companies Determined 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.
6. Jiangsu Sunwell Cabinetry Co., Ltd.
7. Jiangsu Xiangsheng Bedtime Furniture Co.,
Ltd.
8. Linshu Meibang Furniture Co., Ltd.
9. Linyi Bomei Furniture Co., Ltd
10. Nantong Aershin Cabinets Co., Ltd.
11. Qufu Xinyu Furniture Co., Ltd.
12. Shanghai Beautystar Cabinetry Co., Ltd.
13. Shanghai Zifeng Industries Development
Co., Ltd.
14. Shenzhen Pengchengzhirong Trade Co.,
Ltd.
15. Xiamen Got Cheer Co., Ltd.
16. Yichun Dongmeng Wood Co., Ltd.
17. Yindu Kitchen Equipment Co., Ltd.
18. ZBOM Cabinets Co., Ltd.
19. Zaozhuang New Sharp Import & Export
Trading Co., Ltd.
20. Zhongshan KM Cabinetry Co., Ltd.
[FR Doc. 2024–09580 Filed 5–1–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–896]
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Common Alloy Aluminum Sheet From
India: Preliminary Results and Partial
Rescission of Countervailing Duty
Administrative Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department fo Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminary
determines that countervailable
subsidies are being provided to
producers and exporters of common
AGENCY:
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alloy aluminum sheet (aluminum sheet)
from India. The period of review (POR)
is January 1, 2022, through December
31, 2022. Interested parties are invited
to comment on these preliminary
results.
DATES: Applicable May 2, 2024.
FOR FURTHER INFORMATION CONTACT:
Samuel Evans, AD/CVD operations,
Office IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2420.
SUPPLEMENTARY INFORMATION:
Rescission of Administrative Review, in
Part
Pursuant to 19 CFR 351.213(d)(3),
Commerce’s practice is to rescind an
administrative review of a CVD order
when it concludes that there are no
suspended entries of subject
merchandise during the POR.5
Normally, upon completion of an
administrative review, the suspended
entries are liquidated at the
countervailing duty assessment rate
calculated for the review period.6
Therefore, for an administrative review
of a company to be conducted, there
must be a reviewable, suspended entry
that Commerce can instruct U.S.
Customs and Border Protection (CBP) to
liquidate at the calculated
countervailing duty assessment rate
calculated for the review period.7
According to the CBP import data,
Jindal Aluminum Limited (Jindal) did
not have a reviewable entry of subject
merchandise during the POR for which
liquidatin is suspended.8 Therefore, we
notified interested parties that we
intended to rescind this administrative
review with respect to Jindal and
provided parties an opportunity to
submit comments, including factual
information to demonstrate whether
there were reviewable entries during the
POR for Jindal.9 We received no
comments in response to this
memorandum. Therefore, in the absence
of suspended entries of subject
merchandise duing the POR, in
accordance with 19 CFR 351.213(d)(3),
we are rescinding this administrative
review with respect to Jindal.
Background
On April 27, 2021, Commerce
published the countervailing duty
(CVD) order on aluminum sheet from
India.1 On June 12, 2023, Commerce
published in the Federal Register a
notice of initiation of an administrative
review of the Order.2 On December 4,
2023, Commerce extended the deadline
for the preliminary results until April
26, 2024.3
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included in an
appendix 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
Methodology
version of the Preliminary Decision
Commerce is conduing this CVD
Memorandum can be accessed directly
administrative review in accordance
at https//access.trade.gov/public/
with section 751(a)(1)(A) of the Tariff
FRNoticesListLayout.aspx.
Act of 1930, as amended (the Act). For
Scope of the Investigation
each of the subsidy programs found
The merchandise covered by this
countervailable, Commercie preliminary
Order is aluminum sheet from India. For determines that there is a subsidy, i.e.,
a complete description of the scope of
a financial contribution by an
the Order, see the Preliminary Decision
‘‘authority’’ that gives rise to a benefit to
Memorandum.
the recipient, and that the subsidy is
specific.10 For a full description of the
1 See Common Alloy Aluminum Sheet from
Bahrain, India, and the Republica of Turkey:
Countervailing Duty Orders, 86 FR 22144 (April 27,
2021) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
38201 (June 12, 2023).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2022 Countervailing Duty
Administrative Review,’’ dated concurrently with,
and hereby adopted by this notice (Preliminary
Decision Memorandum).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the
Countervailing Duty Investigation of Common Alloy
Aluminum Sheet from India,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
5 See, e.g., Lightweight Thermal Paper from the
People’s Republic of China: Notice of Rescission of
Countervailing Duty Admininstrative Review; 2015,
82 FR 14349 (March 20, 2017); see also 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).
8 See Memorandum, ‘‘Release of Customs and
Broder Protection Data Query,’’ dated June 23, 2023.
9 See Memorandum, ‘‘Notice of Intent to Rescind
Review, In Part,’’ dated December 27, 2023.
10 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
E:\FR\FM\02MYN1.SGM
02MYN1
Agencies
[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35785-35788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09580]
-----------------------------------------------------------------------
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
AGENCY: 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:
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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
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\
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\3\ See Memorandum, ``Respondent Selection,'' dated September
25, 2023 (Respondent Selection 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.
---------------------------------------------------------------------------
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 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).
---------------------------------------------------------------------------
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.
[[Page 35786]]
Preliminary Determination of No Shipments
Based on information on the record, Commerce preliminarily
determines that 12 companies subject to this administrative review had
no shipments of subject merchandise during the POR.\8\ Commerce is not
rescinding this review with respect to these companies but, rather,
intends to complete the review and issue appropriate instructions to
U.S. Customs and Border Protection (CBP) based on the final results of
the review.\9\ For additional information regarding these preliminary
determinations of no shipments, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\8\ See Appendix II.
\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 October 24, 2011); see
also the ``Assessment Rates'' section, infra.
---------------------------------------------------------------------------
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
a review withdraws its request within 90 days of the date of
publication of the notice of initiation. The requests for an
administrative review of two companies, Suofeiya Home Collection Co.,
Ltd., and Linyi Bonn Flooring Manufacture Co., Ltd., were timely
withdrawn within 90 days of the date of publication of the Initiation
Notice.\10\ As a result, Commerce is rescinding this review with
respect to both companies in accordance with 19 CFR 351.213(d)(1).
---------------------------------------------------------------------------
\10\ See Suofeiya Home Collection Co., Ltd.'s Letter,
``Withdrawal of Request for Review,'' dated July 3, 2023, and Linyi
Bonn Flooring Manufacture Co. Ltd.' Letter ``Withdrawal of Request
for Administrative Review,'' dated July 11, 2023.
---------------------------------------------------------------------------
Separate Rates
Commerce preliminarily determines that 30 non-individually examined
companies under review are eligible for separate rates in this
administrative review.\11\ 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. For the preliminary results of this review,
Commerce has determined the estimated dumping margins for Ancientree
and Weisen to be zero. For the reasons explained in the Preliminary
Decision Memorandum, we are assigning this rate to the non-examined
respondents which qualify for a separate rate.
---------------------------------------------------------------------------
\11\ See Appendix III; see also Preliminary Decision Memorandum
at the ``Separate Rate Determination'' section for more details.
---------------------------------------------------------------------------
China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\12\ the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the
entity's rate (i.e., 251.64 percent) is not subject to change.\13\
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\12\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\13\ See Order.
---------------------------------------------------------------------------
For these preliminary results, Commerce preliminarily determines
that 20 companies for which a review was requested, but did not file a
separate rate application or demonstrate separate rate eligibility,
including Sunwell, to be part of the China-wide entity.\14\
---------------------------------------------------------------------------
\14\ See Initiation Notice (``All firms listed below that wish
to qualify for separate rate status in the administrative reviews
involving NME countries must complete, as appropriate, either a
separate rate application or certification, as described below.'');
see also Appendix IV for the list of companies under review that are
determined to be part of the China-wide entity.
---------------------------------------------------------------------------
Preliminary Results of Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the administrative review
covering the period April 1, 2022, through March 31, 2023:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Jiangsu Weisen Houseware Co., Ltd................... 0.00
The Ancientree Cabinet Co., Ltd..................... 0.00
Non-Examined Companies Receiving a Separate Rate 0.00
\15\...............................................
------------------------------------------------------------------------
Disclosure and Public Comment
---------------------------------------------------------------------------
\15\ See Appendix III.
---------------------------------------------------------------------------
Commerce will disclose to parties to this proceeding the
calculations performed for these preliminary results within five days
after public announcement of the preliminary results or, if there is no
public announcement, within five days of the date of publication of
this notice in the Federal Register, pursuant to 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), 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 not later than five days after the date for filing case
briefs.\16\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\17\ All briefs must be
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety in ACCESS by 5:00 p.m.
Eastern Time on the established deadline.
---------------------------------------------------------------------------
\16\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\17\ See 19 351.309(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 briefs 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
[[Page 35787]]
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 APO and Service Procedures.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of issues to be discussed. Oral presentations at the
hearing will be limited to issues raised in the briefs. If a request
for a hearing is made, Commerce will inform parties of the scheduled
date for the hearing.\20\
---------------------------------------------------------------------------
\20\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Assessment Rates
Upon issuing the final results, Commerce will determine, and CBP
shall assess, antidumping duties on all appropriate entries covered by
this review.\21\ If the preliminary results are unchanged for the final
results, we will instruct CBP to apply an ad valorem assessment rate of
251.64 percent to all entries of subject merchandise during the POR
which were exported by the companies considered to be a part of the
China-wide entity listed in Appendix IV of this notice. If Commerce
determines that an exporter under review had no shipments of the
subject merchandise, any suspended entries that entered under that
exporter's case number (i.e., at that exporter's rate) will be
liquidated at the China-wide rate.\22\
---------------------------------------------------------------------------
\21\ See 19 CFR 351.212(b)(1).
\22\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
---------------------------------------------------------------------------
For the companies for which Commerce is not rescinding this
administrative review, Commerce intends 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).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided by section
751(a)(2)(C) of the Act: (1) for the subject merchandise exported by
the company listed above that has a separate rate, the cash deposit
rate will be equal to the weighted-average dumping margin established
in the final results of this administrative review (except, if the rate
is zero or de minimis, then zero cash deposit will be required); (2)
for previously investigated or reviewed Chinese and non-Chinese
exporters not listed above that received a separate rate in a prior
segment of this proceeding, the cash deposit rate will continue to be
the existing exporter-specific rate; (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 that for the China-wide
entity; and (4) for all non-Chinese exporters of subject merchandise
which have not received their own rate, the cash deposit rate will be
the rate applicable to the Chinese exporter that supplied that non-
Chinese exporter. These deposit requirements, when imposed, shall
remain in effect until further notice.
Final Results of Review
Unless extended, Commerce intends to issue the final results of
this administrative review, which will include the results of
Commerce's 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 Importers
This notice 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 and/or countervailing duties
prior to liquidation of the relevant entries during these PORs. 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 the
countervailing duties.
Notification to Interested Parties
Commerce is issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(1)(B), 751(a)(3) and 777(i)
of the Act, and 19 CFR 351.213(d)(4) 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. Partial Rescission of Administrative Review
IV. Scope of the Order
V. No-Shipment Certifications
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Adjustment Under Section 777A(f) of the Act
IX. Recommendation
Appendix II
Companies Preliminarily Determined To Have No Shipments
1. Anhui Xinyuanda Cupboard Co., Ltd.
2. Dalian Hualing Wood Co., Ltd.
3. Dalian Meisen Woodworking Co., Ltd.
4. Dongguan Ri Sheng Home Furnishing Articles Co., Ltd.
5. Hangzhou Hoca Kitchen & Bath Products Co., Ltd.
6. Kunshan Baiyulan Furniture Co., Ltd.
7. Pizhou Ouyme Import & Export Trade Co., Ltd.
8. Quanzhou Ample Furnishings Co., Ltd.
9. Suzhou Siemo Wood Import & Export Co., Ltd.
10. Tech Forest Cabinetry Co., Ltd.
11. Weifang Fuxing Wood Co., Ltd.
12. Zhoushan For-Strong Wood Co.
Appendix III
Non-Examined Companies Under Review Receiving a Separate Rate
1. Changyi Zhengzheng Woodwork Co., Ltd.
2. Fujian Dushi Wooden Industry Co., Ltd.
3. Fujian Leifeng Cabinetry Co., Ltd.
4. Fuzhou CBM Imp & Exp Co., Ltd.
5. Goldenhome Living Co., Ltd.
6. Guangzhou Nuolande Import and Export Co., Ltd.
7. Honsoar New Building Material Co., Ltd.
8. Jiang Su Rongxin Wood Industry Co., Ltd. (Formerly known as Jiang
Su Rongxin Cabinets Ltd.)
9. Jiangsu Beichen Wood Co., Ltd.
10. KM Cabinetry Co., Ltd.
11. Linyi Kaipu Furniture Co., Ltd.
12. Morewood Cabinetry Co., Ltd.
13. Qingdao Shousheng Industry Co., Ltd
14. Senke Manufacturing Company
15. Shandong Jinhua Wood Co., Ltd.
16. Shandong Longsen Woods Co., Ltd.
[[Page 35788]]
17. Shanghai Zifeng International Trading Co., Ltd
18. Sheen Lead International Trading (Shanghai) Co., Ltd.
19. Shouguang Fushi Wood Co., Ltd.
20. Taishan Hongxiang Trading Co., Ltd.
21. Taishan Oversea Trading Co., Ltd.
22. Taizhou Overseas Int'l Ltd.
23. Weifang Yuanlin Woodware Co., Ltd.
24. Weihai Jarlin Cabinetry Manufacture Co., Ltd.
25. Xiamen Adler Cabinetry Co., Ltd.
26. Xiamen Golden Huanan Imp & Exp Co., Ltd.
27. Xuzhou Yihe Wood Co., Ltd.
28. Yixing Pengjia Technology Co., Ltd. (formally known as Yixing
Pengjia Cabinetry Co., Ltd.)
29. Zhangzhou OCA Furniture Co., Ltd.
30. Zhongshan NU Furniture Co., Ltd.
Appendix IV
Companies Determined 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.
6. Jiangsu Sunwell Cabinetry Co., Ltd.
7. Jiangsu Xiangsheng Bedtime Furniture Co., Ltd.
8. Linshu Meibang Furniture Co., Ltd.
9. Linyi Bomei Furniture Co., Ltd
10. Nantong Aershin Cabinets Co., Ltd.
11. Qufu Xinyu Furniture Co., Ltd.
12. Shanghai Beautystar Cabinetry Co., Ltd.
13. Shanghai Zifeng Industries Development Co., Ltd.
14. Shenzhen Pengchengzhirong Trade Co., Ltd.
15. Xiamen Got Cheer Co., Ltd.
16. Yichun Dongmeng Wood Co., Ltd.
17. Yindu Kitchen Equipment Co., Ltd.
18. ZBOM Cabinets Co., Ltd.
19. Zaozhuang New Sharp Import & Export Trading Co., Ltd.
20. Zhongshan KM Cabinetry Co., Ltd.
[FR Doc. 2024-09580 Filed 5-1-24; 8:45 am]
BILLING CODE 3510-DS-P