Certain Hardwood Plywood Products From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Partial Rescission; 2021-2022, 66346-66350 [2024-18285]
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66346
Federal Register / Vol. 89, No. 158 / Thursday, August 15, 2024 / Notices
company-specific rate applicable to the
company, as appropriate. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results of review, pursuant
to section 751(a)(3)(A) of the Act.
Notification to Interested Parties
These preliminary results of
administrative review are issued and
published in accordance with sections
751(a)(1) and 777(i)(l) of the Act, and 19
CFR 351.221(b)(4).
Dated: August 6, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
Appendix I
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Companies Rescinded From Review
A. Withdrawals of Requests for Review:
1. Fulin Wood Import Export Company
Limited
2. Greentech Investment Co., Ltd.
3. Star Light Multimedia Co., Ltd.
4. Long Dat Import and Export Production
Company
5. VietBac Plywood LLC
6. Greatwood Joint Stock Company
B. No Suspended Entries during the POR
1. BAC Son Woods Processing Joint Stock
Company
2. Huong Son Wood Group Co., Ltd.
3. Long Phat Construction Investment and
Trade Joint Stock Company
Appendix III
List of Topics Discussed in the
Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, In
Part
V. Discussion of Methodology
VI. Certification Program
VII. Recommendation
[FR Doc. 2024–18286 Filed 8–14–24; 8:45 am]
Participating Companies Which Reported No
POR Shipments of Subject Merchandise
1. An An Plywood Joint Stock Company
2. Arrow Forest International Co., Ltd.
3. Cam Lam Vietnam Joint Stock Company 22
4. Eagle Industries Company Limited
5. Golden Bridge Industries Pte. Ltd.
6. Govina Investment Joint Stock Company
7. Greatriver Wood Co., Ltd.23
8. Greatwood Hung Yen Joint Stock
Company 24
9. Hai Hien Bamboo Wood Joint Stock
Company
10. Her Hui Wood (Vietnam) Co., Ltd.
11. Innovgreen Thanh Hoa Co. Ltd.
12. Lechenwood Vietnam Company
Limited 25
13. Long LUU Plywood Production Co., Ltd.
14. TEKCOM Corporation
15. Thang Long Wood Panel Company Ltd.26
16. TL Trung Viet Company Limited
17. Vietnam Zhongjia Wood Co., Ltd
18. Win Faith Trading Limited 27
22 We also initiated a review of this company
under the minor name variation Camlam Vietnam
Joint Stock Company. See Intent to Rescind
Memorandum.
23 We also initiated a review of Cong Ty TNHH
Greatriver Wood. We have preliminarily treated
these companies as the same entity.
24 We also initiated a review of this company
under its former name Greatwood Company
Limited. See Circumvention Final Determination
IDM at 76.
25 We also initiated a review of Lechenwood Viet
Nam Company Limited. See Intent to Rescind
Memorandum.
26 We also initiated a review of this company
under the minor name variation Thang Long Wood
Panel Company. See Intent to Rescind
Memorandum.
27 We also initiated a review of this company
under the minor name variation Win Faith Trading.
See Intent to Rescind Memorandum.
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Appendix II
17:25 Aug 14, 2024
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–051]
Certain Hardwood Plywood Products
From the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review,
Preliminary Determination of No
Shipments, and Partial Rescission;
2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that certain hardwood plywood
products (hardwood plywood) from the
People’s Republic of China (China) were
sold in the United States at below
normal value (NV) during the period of
review (POR) September 26, 2021,
through December 31, 2022. Commerce
also preliminarily finds that 19
companies had no subject shipments of
hardwood plywood and that these
companies will be eligible to participate
in the certification program previously
established with respect to the
antidumping duty order on certain
hardwood plywood products from
China. Further, Commerce preliminarily
determines that three companies subject
to this review are part of the China-wide
entity because they had shipments of
AGENCY:
PO 00000
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subject merchandise and did not
demonstrate eligibility for a separate
rate. Finally, we are rescinding this
review with respect to 73 companies.
We invite interested parties to comment
on these preliminary results.
DATES: Applicable August 15, 2024.
FOR FURTHER INFORMATION CONTACT:
Rachel Jennings, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1110.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2018, Commerce
published in the Federal Register the
antidumping duty order on hardwood
plywood from China.1 On January 3,
2023, Commerce published in the
Federal Register a notice of opportunity
to request an administrative review of
the Order covering entries of hardwood
plywood from China from January 1,
2022, through December 31, 2022.2 On
March 14, 2023, based on timely
requests for an administrative review,
Commerce initiated the administrative
review with respect to 98 companies.3
On July 20, 2023, we published in the
Federal Register the Circumvention
Final Determination, in which we: (1)
determined that certain hardwood
plywood exported from the Socialist
Republic of Vietnam (Vietnam) and
entered into the United States was
circumventing the Order and therefore
is now covered by the Order; and (2)
established a certification program to
allow eligible producers and exporters
of hardwood plywood exported from
Vietnam to certify that entries of
hardwood plywood exported from
Vietnam are not subject to the Order.4
1 See Certain Hardwood Plywood Products from
the People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 83 FR 504 (January
4, 2018) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 45 (January 3, 2023).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
15642 (March 14, 2023) (Initiation Notice).
Although we initiated this review with respect to
109 individual company names, we previously
found that several of these companies were the
same entity, while a number of other companies
were duplicated via minor name variations. For
further discussion, see Memorandum, ‘‘Decision
Memorandum for the Preliminary Results of the
Antidumping Duty Administrative Review of
Certain Hardwood Plywood Products from the
People’s Republic of China and Partial Rescission;
2021–2022,’’ dated concurrently with this notice
(Preliminary Decision Memorandum).
4 See Certain Hardwood Plywood Products from
the People’s Republic of China: Final Scope
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We also indicated that we would: (1)
expand the POR for this administrative
review to begin on September 26, 2021,
so as to capture the first entry
suspended as a result of the
circumvention determination; and (2)
allow interested parties to request
reviews of unliquidated/suspended
entries of merchandise from Vietnam
that entered from September 26, 2021,
through December 31, 2021.5
On August 11, 2023, Commerce
notified parties that we received no
additional requests for administrative
reviews as a result of Commerce’s
decision to expand the POR,6 and on
August 23, 2023, Commerce released
entry data from U.S. Customs and
Border Protection (CBP) to interested
parties for comment.7 Subsequently, we
notified parties of our intent to rescind
this administrative review with respect
to 73 of the 98 companies subject to this
review because they either had no
suspended entries during the POR or
had all requests for review withdrawn.8
On January 31, 2024, Commerce
deferred the deadline for completing the
preliminary results of this review until
July 30, 2024.9 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.10 The deadline for the preliminary
results is now August 6, 2024. For
details regarding the events that
occurred subsequent to the initiation of
the review, see the Preliminary Decision
Memorandum.
Scope of the Order
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The merchandise covered by the
scope of this Order is hardwood
plywood from China. A complete
description of the scope of the Order is
contained in the Preliminary Decision
Memorandum.
Determination and Affirmative Final Determination
of Circumvention of the Antidumping and
Countervailing Duty Orders, 88 FR 46740 (July 20,
2023) (Circumvention Final Determination), and the
accompanying Issues and Decision Memorandum
(IDM).
5 See Circumvention Final Determination IDM at
Comment 13.
6 See Memorandum ‘‘Companies Under Review
for the Expanded POR,’’ dated August 11, 2023.
7 See Memorandum, ‘‘CBP Data Release,’’ dated
August 23, 2023.
8 See Memorandum, ‘‘Notice of Intent to Rescind
Review, In Part,’’ dated June 27, 2024 (Intent to
Rescind Memorandum) at Attachment III.
9 See Memorandum, ‘‘Deferral of the Preliminary
Results of Antidumping and Countervailing Duty
Administrative Reviews; 2022,’’ dated January 31,
2024.
10 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
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Rescission of Administrative Review, in
Part
Pursuant to 19 CFR 351.213(d)(3),
when there are no reviewable entries of
subject merchandise during the POR
subject to the antidumping duty order
for which liquidation is suspended,
Commerce may rescind an
administrative review, in whole or only
with respect to a particular exporter or
producer.11 At the end of the
administrative review, any suspended
entries are liquidated at the assessment
rate computed for the review period.12
Therefore, for an administrative review
to be conducted, there must be a
reviewable, suspended entry to be
liquidated at the newly calculated
assessment rate. On June 27, 2024,
Commerce notified all interested parties
of its intent to rescind this review with
respect to 67 companies because those
companies had no reviewable,
suspended entries of subject
merchandise and invited parties to
comment.13 We received no comments
on our intent to rescind the review with
respect to these companies.
Accordingly, in the absence of
suspended entries of subject
merchandise during the POR for these
67 companies for which this review was
initiated, we are hereby rescinding this
administrative review, in part, with
respect to these companies, in
accordance with 19 CFR 351.213(d)(3).
In addition, 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 the request within 90 days of
the date of publication of the notice of
initiation. All parties timely withdrew
their review requests for: (1) Fulin
Wood Import Export Company Limited;
(2) Greatwood Joint Stock Company; (3)
Greentech Investment Co., Ltd.; (4) Long
Dat Import and Export Production
Company ; (5) Star Light Multimedia
Co., Ltd.; and (6) VietBac Plywood LLC.
Because the review requests were timely
withdrawn, and no other party
requested a review of these companies,
Commerce is rescinding this review
with respect to these six companies (see
Appendix II for a list of all companies
for which Commerce is rescinding this
review).
11 See, e.g., Forged Steel Fittings from Taiwan:
Rescission of Antidumping Duty Administrative
Review; 2018–2019, 85 FR 71317, 71318 (November
9, 2020); see also Certain Circular Welded NonAlloy Steel Pipe from Mexico: Rescission of
Antidumping Duty Administrative Review; 2016–
2017, 83 FR 54084 (October 26, 2018).
12 See 19 CFR 351.212(b)(1).
13 See Intent to Rescind Memorandum.
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66347
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act) and 19 CFR 351.213. For a full
description of the methodology
underlying these preliminary results,
see the Preliminary Decision
Memorandum. See Appendix III for a
complete list of topics discussed in the
Preliminary Decision Memorandum.
The Preliminary Decision Memorandum
is a public document and is made
available to the public 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 is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Preliminary Determination of No
Shipments
In this administrative review, we
issued questionnaires to all companies
under review to gather information on
the quantity and value (Q&V) of their
shipments of hardwood plywood to the
United States.14 We received responses
to these questionnaires from 22
companies, all of which reported that
their suspended entries consisted
exclusively of non-subject merchandise.
We issued additional questionnaires to
these companies and received complete
responses from only 15 of them. We
have analyzed the information in these
responses and preliminarily find that
these 15 companies have provided
information to support their claims that
the hardwood plywood they exported to
the United States are of non-subject
plywood. We are also preliminarily
accepting the claims of four additional
companies from which Commerce is
awaiting additional information,
pending the receipt of the requested
information.15
We also preliminarily find it
appropriate to permit the 15 companies
noted above, as well as Thang Long, to
participate in the certification program
14 See Commerce’s Letter, ‘‘Quantity and Value
Questionnaire,’’ dated November 20, 2023; see also
Memorandum, ‘‘Clarification of Companies
Required to Submit Responses to Q&V
Questionnaire,’’ dated November 28, 2023; and
Commerce’s Letters, ‘‘Request for Entry
Information,’’ dated February 5, 2024 (collectively,
Q&V Questionnaire).
15 The responses to the questionnaires issued to
the following companies are currently due on or
after the date of these preliminary results: An An
Plywood Joint Stock Company, Cosco Star
International Co., Ltd., Greatwood Hung Yen Joint
Stock Company, and Thang Long Wood Panel
Company (Thang Long).
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at the conclusion of this administrative
review. The other three companies are
currently eligible to participate in this
certification program, and we
preliminarily find no basis to alter their
status.16
China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.17 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
China-wide entity.18 Because no party
requested a review of the China-wide
entity in this review, the China-wide
entity is not under review. For
additional information, see the
Preliminary Decision Memorandum.
Separate Rates
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In this administrative review, three
companies under review had suspended
entries but failed to provide Separate
Rate Applications (SRAs) or separate
rate certifications (SRCs)and/or
responses to the Q&V Questionnaire.
These companies are Hoang Lam
Plywood Joint Stock Co. (Hoang Lam),
Quang Phat Wood Joint Stock Company
(Quang Phat), and Shanghai Luli
Trading Co., Ltd. (Shanghai Luli).
Commerce noted in its SRA that
exporters must respond to Commerce’s
Q&V questionnaire as well as submit an
SRA or SRC in order to receive
consideration for separate rate status.19
As a result, we consider Hoang Lam,
Quang Phat, and Shanghai Luli to be
part of the China-wide entity. At the
conclusion of the review, we intend to
liquidate any suspended entries from
these companies at the current rate for
the China-wide entity (i.e., 114.72
percent).20 For additional information,
16 See Appendix I for a complete list of
companies subject to this review that are
preliminarily eligible to certify their entries of
hardwood plywood exported from Vietnam.
17 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).
18 Id.
19 See Commerce’s Separate Rate Application at
https://access.trade.gov/Resources/nme/nme-seprate.html (Commerce’s Separate Rate Application),
page 3.
20 See Certain Hardwood Plywood Products from
the People’s Republic of China: Notice of Decision
Not in Harmony with the Final Determination of
Antidumping Duty Investigation; Notice of
Amended Determination pursuant to Court
Decision; and Notice of Revocation of Antidumping
Duty Order, In Part, 88 FR 77966 (November 14,
2023).
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17:25 Aug 14, 2024
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see the Preliminary Decision
Memorandum.
Three additional companies under
review (i.e., Groll Ply and Cabinetry Co.,
Ltd. (Groll Ply), Plywood Sunshine Co.,
Ltd. (Plywood Sunshine), and Quoc
Thai Forestry Import Export Limited
Company (Quoc Thai)) had suspended
entries of plywood exported from
Vietnam and submitted both responses
to the Q&V Questionnaire and SRAs. We
preliminarily find that these three
companies have demonstrated eligibility
for separate rates. As noted below, we
have assigned Groll Ply, Plywood
Sunshine, and Quoc Thai, a dumping
margin based on adverse facts available
(AFA).
Use of Adverse Facts Available
Groll Ply, Plywood Sunshine, and
Quoc Thai had entries of plywood
during the POR that they claimed were
of non-subject merchandise. We
required these companies to provide
information related to these entries, but
they did not respond to these requests
for information, and therefore, we are
preliminary finding that Groll Ply,
Plywood Sunshine, and Quoc Thai
failed to support their claims that their
entries of plywood during the POR were
not of subject merchandise.21
Pursuant to sections 776(a) and (b) of
the Act, Commerce has assigned Groll
Ply, Plywood Sunshine, and Quoc Thai
a dumping margin of 89.10 percent
based on AFA, offset by the export
subsidies determined in the companion
countervailing duty (CVD)
administrative review. These three
companies ceased participating in this
review and did not provide information
requested by Commerce; accordingly,
we find that necessary information is
not available on the record, they failed
to provide the requested information in
the form and manner requested, and
significantly impeded the proceeding,
pursuant to section 776(a) of the Act.
Additionally, we find that Groll Ply,
Plywood Sunshine, and Quoc Thai had
necessary information in their
possession and elected not to submit the
information and, thus, the three
companies did not act to the best of
their abilities in responding to
Commerce’s information requests by the
applicable deadline, pursuant to section
776(b) of the Act. For additional
information regarding this
determination, see the Preliminary
Decision Memorandum.
Commerce preliminarily determines
that the following dumping margins
exist for the period of September 26,
2021, through December 31, 2022, for
21 See
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Preliminary Decision Memorandum.
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entries of hardwood plywood exported
by these companies:
Exporter
Groll Ply and Cabinetry Co.,
Ltd .....................................
Plywood Sunshine Co., Ltd ..
Quoc Thai Forestry Import
Export Limited Company ..
Dumping
margin
(percent)
* 89.10
* 89.10
* 89.10
* This rate was determined wholly under
section 776 of the Act, and was offset by the
export subsidies calculated in the companion
CVD administrative review.22
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in 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 the notice of preliminary
results in the Federal Register, in
accordance with 19 CFR 351.224(b).
However, because Commerce is
applying AFA to the above companies,
there are no calculations to disclose.
Certification Eligibility
Due to their failure to provide
necessary information for determining
certification eligibility, we preliminarily
determine that Groll Ply, Hoang Lam,
Plywood Sunshine, Quang Phat, and
Quoc Thai remain barred from
participating in the certification
program in this proceeding.
Verification
From July 1 through July 10, 2024, we
conducted verification of the
questionnaire responses of five
exporters/producers under review,
Arrow Forest International Co., Ltd., Hai
Hien Bamboo Wood Joint Stock
Company, Lechenwood Viet Nam
Company Limited, Long Luu Plywood
Production Co., Ltd., and TL Trung Viet
Company Limited. We intend to verify
the information submitted by the
remaining exporters listed in Appendix
I after the preliminary results.
Public Comment
In accordance with 19 CFR
351.309(c), case briefs or other written
comments may be submitted to the
Assistant Secretary for Enforcement and
Compliance no later than seven days
22 See Certain Hardwood Plywood Products from
the People’s Republic of China: Notice of Decision
Not in Harmony with the Final Determination of
Antidumping Duty Investigation; Notice of
Amended Determination pursuant to Court
Decision; and Notice of Revocation of Antidumping
Duty Order, In Part, 88 FR 77966 (November 14,
2023); see also Memorandum, ‘‘Export Subsidies
Rate,’’ dated concurrently with this notice.
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after the date on which the last
verification report is issued. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
five days after the deadline for case
briefs.23 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this review are encouraged to submit
with each argument: (1) a statement of
the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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.24 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).25
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, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Assessment Rates
Upon issuance of the final results of
this review, Commerce shall determine,
and CBP shall assess, antidumping
duties on all appropriate entries covered
by this review.26 For all entries of
merchandise exported by the companies
listed in Appendix I, we intend to
instruct CBP to liquidate the entries
without regard to antidumping duties in
these preliminary results are unchanged
for the final results. For entries of
merchandise exported by Hoang Lam,
Quang Phat, and Shanghai Luli, which
are part of the China-wide entity, we
will instruct CBP to liquidate their
entries at the current rate for the Chinawide entity (i.e., 114.72 percent). For all
suspended entries of merchandise
exported by Groll Ply, Plywood
Sunshine, and Quoc Thai, we will
instruct CBP to liquidate their entries at
the assigned rate of 89.10 percent.
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).
For the companies (see Appendix II)
for which this review is rescinded with
these preliminary results, we will
instruct CBP to assess antidumping
duties on all appropriate entries at a rate
equal to the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, during the period
September 26, 2021, through December
31, 2022, in accordance with 19 CFR
351.212(c)(l)(i). Commerce intends to
issue assessment instructions to CBP no
earlier than 35 days after the date of
publication of the preliminary 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).
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Cash Deposit Requirements
23 See
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
24 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
25 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069,
67077 (September 29, 2023).
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17:25 Aug 14, 2024
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The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
subject merchandise, entered, or
withdrawn from warehouse, for
26 See
PO 00000
19 CFR 351.212(b)(1).
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66349
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rates for Groll Ply,
Plywood Sunshine, and Quoc Thai, will
be 89.10 percent; (2) for previously
investigated or reviewed exporters that
have separate rates, the cash deposit rate
will continue to be the exporter-specific
rate published for the most recently
completed segment of this proceeding;
(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 the rate for the
China-wide entity (i.e., 114.72 percent);
(4) for all non-Chinese exporters of
subject merchandise that have not
received their own rate, the cash deposit
rate will be the rate applicable to the
exporter that supplied that non-Chinese
exporter, where available, or the rate for
the China-wide entity (i.e., 114.72), if no
alternate rate is available. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
which will include the results of its
analysis of issues raised in any briefs,
within 120 days of publication of these
preliminary results of review, pursuant
to section 751(a)(3)(A) of the Act.
Notification to Importers
This notice also serves as a 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 this POR. Failure
to comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
These preliminary results of
administrative review are issued and
published in accordance with sections
751(a)(1) and 777(i)(l) of the Act, and 19
CFR 351.221(b)(4).
Dated: August 6, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping duty and Countervailing
Operations.
Appendix I
Participating Companies Which Reported No
POR Shipments of Subject Merchandise
1. An An Plywood Joint Stock Company
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Federal Register / Vol. 89, No. 158 / Thursday, August 15, 2024 / Notices
2. Arrow Forest International Co., Ltd.
3. Cam Lam Vietnam Joint Stock Company 27
4. Cosco Star International Co., Ltd.
5. Eagle Industries Company Limited
6. Golden Bridge Industries Pte. Ltd
7. Govina Investment Joint Stock Company
8. Greatriver Wood Company Limited 28
9. Greatwood Hung Yen Joint Stock
Company 29
10. Hai Hien Bamboo Wood Joint Stock
Company
11. Her Hui Wood (Vietnam) Co., Ltd.
12. Innovgreen Thanh Hoa Co., Ltd.
13. Lechenwood Viet Nam Company
Limited 30
14. Long Luu Plywood Production Co., Ltd
15. TEKCOM Corporation
16. Thang Long Wood Panel Company Ltd.31
17. TL Trung Viet Company Limited
18. VietNam ZhongJia Wood Company
Limited.
19. Win Faith Trading Limited 32
Appendix II
Companies Rescinded from Review
A. Withdrawals of Requests for Review
1. Fulin Wood Import Export Company
Limited
2. Greatwood Joint Stock Company
3. Greentech Investment Co., Ltd.
4. Long Dat Import and Export Production
Company
5. Star Light Multimedia Co., Ltd.
6. VietBac Plywood LLC
khammond on DSKJM1Z7X2PROD with NOTICES
B. No Suspended Entries During the POR
1. Anhui Hoda Wood Co., Ltd.
2. BAC Son Woods Processing Joint Stock
Company
3. Bao Yen MDF Joint Stock Company
4. Bergey (Tianjin) International Co., Ltd.
5. BHL Thai Nguyen Corp.
6. BHL Vietnam Investment and
Development
7. Celtic Co., Ltd.
8. Chengxinli Wood Co Ltd of Lanshan
9. China Friend Limited
10. China National United Forestry Co.
11. Dong Tam Production Trading Company
Limited
12. Dongguan Lingfeng Wood Industry Co.
13. Feixian Wanda Wood Factory
14. Happy Wood Industrial Group Co., Ltd.
15. High Hope Zhongding Corporation
27 We also initiated a review of this company
under the minor name variation Camlam Vietnam
Joint Stock Company. See Intent to Rescind
Memorandum.
28 We also initiated a review of this company of
Cong Ty TNHH Greatriver Wood. We have
preliminarily treated these companies as the same
entity.
29 We also initiated a review of this company
under its former name Greatwood Company
Limited. See Circumvention Final Determination
IDM at 76.
30 We also initiated a review of Lechenwood Viet
Nam Company Limited. We have preliminarily
treated these companies as the same entity.
31 We also initiated a review of this company
under the minor name variation Thang Long Wood
Panel Company. See Intent to Rescind
Memorandum.
32 We also initiated a review of this company
under the minor name variation Win Faith Trading.
See Intent to Rescind Memorandum.
VerDate Sep<11>2014
17:25 Aug 14, 2024
Jkt 262001
16. Hunan Fuxi International Trade Co., Ltd.
17. Huong Son Wood Group Co., Ltd.
18. Jiangsu High Hope Arser Co. Ltd.
19. Jiaxing Hengtong Wood Co., Ltd.
20. Lianyungang Yuantai International Trade
Co., Ltd.
21. Linwood Vietnam Co. Ltd.
22. Linyi Chengen Import and Export Co.,
Ltd.
23. Linyi City Dongfang Fukai Wood Industry
Co., Ltd.
24. Linyi City Dongfang Jinxin Economic &
Trade Co., Ltd.
25. Linyi Dongstar Import & Export Co., Ltd.
26. Linyi Evergreen Wood Co., Ltd.
27. Linyi Glary Plywood Co., Ltd.
28. Linyi Highwise International Trade Co.,
Ltd.
29. Linyi Huasheng Yongbin Wood Co., Ltd.
30. Linyi Jiahe Wood Industry Co., Ltd.
31. Linyi Sanfortune Wood Co., Ltd.
32. Linyi Yachen Wood Co., Ltd.
33. Long Phat Construction Investment and
Trade Joint Stock Company
34. Pingyi Jinniu Wood Co., Ltd.
35. Pizhou Dayun Import and Export Trade
Co., Ltd.
36. Pizhou Jiangshan Wood Co., Ltd
37. Pizhou Ouyme Import & Export Trade
Co., Ltd.
38. Qingdao Top P&Q International Corp.
39. Rongjia Woods Vietnam Company
Limited
40. Shandong Dongfang Bayley Wood
Company
41. Shandong Fangsi Import and Export Co.
42. Shandong Good Wood Imp and Exp Co.
43. Shandong Jinhua International Trading
Co.
44. Shandong Junke Import & Export Trade
Co., Ltd.
45. Shandong Wood Home Trading Co., Ltd.
46. Shanghai Brightwood Trading Co., Ltd.
47. Shanghai Futuwood Trading Co., Ltd.
48. Shenzhen Yumei Trading Co., Ltd
49. Shouguang Wanda Wood Co., Ltd.
50. Sumec Huongson Wood Group Co. Ltd.
51. Sumec International Technology Co.
52. Suqian Hopeway International Trade Co.,
Ltd.
53. Suzhou Oriental Dragon Import and
Export Co., Ltd.
54. Tan Tien Co. Ltd.
55. Thanh Hoa Stone Export Company
56. Truong Son North Construction JSC
57. Vietind Co. Ltd.
58. Vietnam Golden Timber Company
Limited
59. Xuzhou Emmet Import and Export Trade
60. Xuzhou Jiangheng Wood Products Co.,
Ltd.
61. Xuzhou Jiangyang Wood Industries Co.,
Ltd.
62. Xuzhou Shelter Imp & Exp Co., Ltd.
63. Xuzhou Shengping Imp. and Exp. Co.,
Ltd.
64. Xuzhou Timber International Trade Co.,
Ltd.
65. Yangzhou Hanov International Co., Ltd.
66. Yishui Win-Win Wood Co., Ltd.
67. Zhejiang Dehua TB Import & Export Co.,
Ltd.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Appendix III
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, In
Part
V. Discussion of Methodology
VI. Certification Program
VII. Recommendation
[FR Doc. 2024–18285 Filed 8–14–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–829]
Steel Concrete Reinforcing Bar From
the Republic of Türkiye: Preliminary
Results and Rescission, in Part, of
Antidumping Duty Administrative
Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
finds that certain producers/exporters of
steel concrete reinforcing bar (rebar)
from the Republic of Türkiye (Türkiye)
made sales of subject merchandise in
the United States at prices below normal
value (NV) during the period of review
(POR) July 1, 2022, through June 30,
2023. In addition, Commerce is
rescinding the review, in part, with
respect to three companies which had
no entries in the U.S. Customs and
Border Production (CBP) data. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable August 15, 2024.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros or Samuel Evans, AD/
CVD Operations, Office IX, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4725 or (202) 482–2420,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On July 14, 2017, Commerce
published the antidumping duty order
on rebar from Türkiye in the Federal
Register.1 On September 11, 2023, based
1 See Steel Concrete Reinforcing Bar from the
Republic of Turkey and Japan: Amended Final
Affirmative Antidumping Duty Determination for
the Republic of Turkey and Antidumping Duty
Orders, 82 FR 32532 (July 14, 2017), as amended
by Notice of Court Decision Not in Harmony with
E:\FR\FM\15AUN1.SGM
15AUN1
Agencies
[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Notices]
[Pages 66346-66350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18285]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-051]
Certain Hardwood Plywood Products From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review,
Preliminary Determination of No Shipments, and Partial Rescission;
2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain hardwood plywood products (hardwood plywood) from the
People's Republic of China (China) were sold in the United States at
below normal value (NV) during the period of review (POR) September 26,
2021, through December 31, 2022. Commerce also preliminarily finds that
19 companies had no subject shipments of hardwood plywood and that
these companies will be eligible to participate in the certification
program previously established with respect to the antidumping duty
order on certain hardwood plywood products from China. Further,
Commerce preliminarily determines that three companies subject to this
review are part of the China-wide entity because they had shipments of
subject merchandise and did not demonstrate eligibility for a separate
rate. Finally, we are rescinding this review with respect to 73
companies. We invite interested parties to comment on these preliminary
results.
DATES: Applicable August 15, 2024.
FOR FURTHER INFORMATION CONTACT: Rachel Jennings, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1110.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2018, Commerce published in the Federal Register the
antidumping duty order on hardwood plywood from China.\1\ On January 3,
2023, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the Order covering
entries of hardwood plywood from China from January 1, 2022, through
December 31, 2022.\2\ On March 14, 2023, based on timely requests for
an administrative review, Commerce initiated the administrative review
with respect to 98 companies.\3\
---------------------------------------------------------------------------
\1\ See Certain Hardwood Plywood Products from the People's
Republic of China: Amended Final Determination of Sales at Less Than
Fair Value, and Antidumping Duty Order, 83 FR 504 (January 4, 2018)
(Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 45 (January 3,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 15642 (March 14, 2023) (Initiation
Notice). Although we initiated this review with respect to 109
individual company names, we previously found that several of these
companies were the same entity, while a number of other companies
were duplicated via minor name variations. For further discussion,
see Memorandum, ``Decision Memorandum for the Preliminary Results of
the Antidumping Duty Administrative Review of Certain Hardwood
Plywood Products from the People's Republic of China and Partial
Rescission; 2021-2022,'' dated concurrently with this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
On July 20, 2023, we published in the Federal Register the
Circumvention Final Determination, in which we: (1) determined that
certain hardwood plywood exported from the Socialist Republic of
Vietnam (Vietnam) and entered into the United States was circumventing
the Order and therefore is now covered by the Order; and (2)
established a certification program to allow eligible producers and
exporters of hardwood plywood exported from Vietnam to certify that
entries of hardwood plywood exported from Vietnam are not subject to
the Order.\4\
[[Page 66347]]
We also indicated that we would: (1) expand the POR for this
administrative review to begin on September 26, 2021, so as to capture
the first entry suspended as a result of the circumvention
determination; and (2) allow interested parties to request reviews of
unliquidated/suspended entries of merchandise from Vietnam that entered
from September 26, 2021, through December 31, 2021.\5\
---------------------------------------------------------------------------
\4\ See Certain Hardwood Plywood Products from the People's
Republic of China: Final Scope Determination and Affirmative Final
Determination of Circumvention of the Antidumping and Countervailing
Duty Orders, 88 FR 46740 (July 20, 2023) (Circumvention Final
Determination), and the accompanying Issues and Decision Memorandum
(IDM).
\5\ See Circumvention Final Determination IDM at Comment 13.
---------------------------------------------------------------------------
On August 11, 2023, Commerce notified parties that we received no
additional requests for administrative reviews as a result of
Commerce's decision to expand the POR,\6\ and on August 23, 2023,
Commerce released entry data from U.S. Customs and Border Protection
(CBP) to interested parties for comment.\7\ Subsequently, we notified
parties of our intent to rescind this administrative review with
respect to 73 of the 98 companies subject to this review because they
either had no suspended entries during the POR or had all requests for
review withdrawn.\8\
---------------------------------------------------------------------------
\6\ See Memorandum ``Companies Under Review for the Expanded
POR,'' dated August 11, 2023.
\7\ See Memorandum, ``CBP Data Release,'' dated August 23, 2023.
\8\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated June 27, 2024 (Intent to Rescind Memorandum) at
Attachment III.
---------------------------------------------------------------------------
On January 31, 2024, Commerce deferred the deadline for completing
the preliminary results of this review until July 30, 2024.\9\ On July
22, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\10\ The deadline for the preliminary results
is now August 6, 2024. For details regarding the events that occurred
subsequent to the initiation of the review, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\9\ See Memorandum, ``Deferral of the Preliminary Results of
Antidumping and Countervailing Duty Administrative Reviews; 2022,''
dated January 31, 2024.
\10\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the scope of this Order is hardwood
plywood from China. A complete description of the scope of the Order is
contained in the Preliminary Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(3), when there are no reviewable
entries of subject merchandise during the POR subject to the
antidumping duty order for which liquidation is suspended, Commerce may
rescind an administrative review, in whole or only with respect to a
particular exporter or producer.\11\ At the end of the administrative
review, any suspended entries are liquidated at the assessment rate
computed for the review period.\12\ Therefore, for an administrative
review to be conducted, there must be a reviewable, suspended entry to
be liquidated at the newly calculated assessment rate. On June 27,
2024, Commerce notified all interested parties of its intent to rescind
this review with respect to 67 companies because those companies had no
reviewable, suspended entries of subject merchandise and invited
parties to comment.\13\ We received no comments on our intent to
rescind the review with respect to these companies. Accordingly, in the
absence of suspended entries of subject merchandise during the POR for
these 67 companies for which this review was initiated, we are hereby
rescinding this administrative review, in part, with respect to these
companies, in accordance with 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
\11\ See, e.g., Forged Steel Fittings from Taiwan: Rescission of
Antidumping Duty Administrative Review; 2018-2019, 85 FR 71317,
71318 (November 9, 2020); see also Certain Circular Welded Non-Alloy
Steel Pipe from Mexico: Rescission of Antidumping Duty
Administrative Review; 2016-2017, 83 FR 54084 (October 26, 2018).
\12\ See 19 CFR 351.212(b)(1).
\13\ See Intent to Rescind Memorandum.
---------------------------------------------------------------------------
In addition, 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 the request within 90 days of the
date of publication of the notice of initiation. All parties timely
withdrew their review requests for: (1) Fulin Wood Import Export
Company Limited; (2) Greatwood Joint Stock Company; (3) Greentech
Investment Co., Ltd.; (4) Long Dat Import and Export Production Company
; (5) Star Light Multimedia Co., Ltd.; and (6) VietBac Plywood LLC.
Because the review requests were timely withdrawn, and no other party
requested a review of these companies, Commerce is rescinding this
review with respect to these six companies (see Appendix II for a list
of all companies for which Commerce is rescinding this review).
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.213. For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. See
Appendix III for a complete list of topics discussed in the Preliminary
Decision Memorandum. The Preliminary Decision Memorandum is a public
document and is made available to the public 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 is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Preliminary Determination of No Shipments
In this administrative review, we issued questionnaires to all
companies under review to gather information on the quantity and value
(Q&V) of their shipments of hardwood plywood to the United States.\14\
We received responses to these questionnaires from 22 companies, all of
which reported that their suspended entries consisted exclusively of
non-subject merchandise. We issued additional questionnaires to these
companies and received complete responses from only 15 of them. We have
analyzed the information in these responses and preliminarily find that
these 15 companies have provided information to support their claims
that the hardwood plywood they exported to the United States are of
non-subject plywood. We are also preliminarily accepting the claims of
four additional companies from which Commerce is awaiting additional
information, pending the receipt of the requested information.\15\
---------------------------------------------------------------------------
\14\ See Commerce's Letter, ``Quantity and Value
Questionnaire,'' dated November 20, 2023; see also Memorandum,
``Clarification of Companies Required to Submit Responses to Q&V
Questionnaire,'' dated November 28, 2023; and Commerce's Letters,
``Request for Entry Information,'' dated February 5, 2024
(collectively, Q&V Questionnaire).
\15\ The responses to the questionnaires issued to the following
companies are currently due on or after the date of these
preliminary results: An An Plywood Joint Stock Company, Cosco Star
International Co., Ltd., Greatwood Hung Yen Joint Stock Company, and
Thang Long Wood Panel Company (Thang Long).
---------------------------------------------------------------------------
We also preliminarily find it appropriate to permit the 15
companies noted above, as well as Thang Long, to participate in the
certification program
[[Page 66348]]
at the conclusion of this administrative review. The other three
companies are currently eligible to participate in this certification
program, and we preliminarily find no basis to alter their status.\16\
---------------------------------------------------------------------------
\16\ See Appendix I for a complete list of companies subject to
this review that are preliminarily eligible to certify their entries
of hardwood plywood exported from Vietnam.
---------------------------------------------------------------------------
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\17\ Under this policy,
the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
China-wide entity.\18\ Because no party requested a review of the
China-wide entity in this review, the China-wide entity is not under
review. For additional information, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\17\ 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).
\18\ Id.
---------------------------------------------------------------------------
Separate Rates
In this administrative review, three companies under review had
suspended entries but failed to provide Separate Rate Applications
(SRAs) or separate rate certifications (SRCs)and/or responses to the
Q&V Questionnaire. These companies are Hoang Lam Plywood Joint Stock
Co. (Hoang Lam), Quang Phat Wood Joint Stock Company (Quang Phat), and
Shanghai Luli Trading Co., Ltd. (Shanghai Luli). Commerce noted in its
SRA that exporters must respond to Commerce's Q&V questionnaire as well
as submit an SRA or SRC in order to receive consideration for separate
rate status.\19\ As a result, we consider Hoang Lam, Quang Phat, and
Shanghai Luli to be part of the China-wide entity. At the conclusion of
the review, we intend to liquidate any suspended entries from these
companies at the current rate for the China-wide entity (i.e., 114.72
percent).\20\ For additional information, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\19\ See Commerce's Separate Rate Application at https://access.trade.gov/Resources/nme/nme-sep-rate.html (Commerce's
Separate Rate Application), page 3.
\20\ See Certain Hardwood Plywood Products from the People's
Republic of China: Notice of Decision Not in Harmony with the Final
Determination of Antidumping Duty Investigation; Notice of Amended
Determination pursuant to Court Decision; and Notice of Revocation
of Antidumping Duty Order, In Part, 88 FR 77966 (November 14, 2023).
---------------------------------------------------------------------------
Three additional companies under review (i.e., Groll Ply and
Cabinetry Co., Ltd. (Groll Ply), Plywood Sunshine Co., Ltd. (Plywood
Sunshine), and Quoc Thai Forestry Import Export Limited Company (Quoc
Thai)) had suspended entries of plywood exported from Vietnam and
submitted both responses to the Q&V Questionnaire and SRAs. We
preliminarily find that these three companies have demonstrated
eligibility for separate rates. As noted below, we have assigned Groll
Ply, Plywood Sunshine, and Quoc Thai, a dumping margin based on adverse
facts available (AFA).
Use of Adverse Facts Available
Groll Ply, Plywood Sunshine, and Quoc Thai had entries of plywood
during the POR that they claimed were of non-subject merchandise. We
required these companies to provide information related to these
entries, but they did not respond to these requests for information,
and therefore, we are preliminary finding that Groll Ply, Plywood
Sunshine, and Quoc Thai failed to support their claims that their
entries of plywood during the POR were not of subject merchandise.\21\
---------------------------------------------------------------------------
\21\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Pursuant to sections 776(a) and (b) of the Act, Commerce has
assigned Groll Ply, Plywood Sunshine, and Quoc Thai a dumping margin of
89.10 percent based on AFA, offset by the export subsidies determined
in the companion countervailing duty (CVD) administrative review. These
three companies ceased participating in this review and did not provide
information requested by Commerce; accordingly, we find that necessary
information is not available on the record, they failed to provide the
requested information in the form and manner requested, and
significantly impeded the proceeding, pursuant to section 776(a) of the
Act. Additionally, we find that Groll Ply, Plywood Sunshine, and Quoc
Thai had necessary information in their possession and elected not to
submit the information and, thus, the three companies did not act to
the best of their abilities in responding to Commerce's information
requests by the applicable deadline, pursuant to section 776(b) of the
Act. For additional information regarding this determination, see the
Preliminary Decision Memorandum.
Commerce preliminarily determines that the following dumping
margins exist for the period of September 26, 2021, through December
31, 2022, for entries of hardwood plywood exported by these companies:
------------------------------------------------------------------------
Dumping margin
Exporter (percent)
------------------------------------------------------------------------
Groll Ply and Cabinetry Co., Ltd........................ * 89.10
Plywood Sunshine Co., Ltd............................... * 89.10
Quoc Thai Forestry Import Export Limited Company........ * 89.10
------------------------------------------------------------------------
* This rate was determined wholly under section 776 of the Act, and was
offset by the export subsidies calculated in the companion CVD
administrative review.\22\
Disclosure
---------------------------------------------------------------------------
\22\ See Certain Hardwood Plywood Products from the People's
Republic of China: Notice of Decision Not in Harmony with the Final
Determination of Antidumping Duty Investigation; Notice of Amended
Determination pursuant to Court Decision; and Notice of Revocation
of Antidumping Duty Order, In Part, 88 FR 77966 (November 14, 2023);
see also Memorandum, ``Export Subsidies Rate,'' dated concurrently
with this notice.
---------------------------------------------------------------------------
Normally, Commerce discloses to interested parties the calculations
performed in 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 the notice of preliminary results in the
Federal Register, in accordance with 19 CFR 351.224(b). However,
because Commerce is applying AFA to the above companies, there are no
calculations to disclose.
Certification Eligibility
Due to their failure to provide necessary information for
determining certification eligibility, we preliminarily determine that
Groll Ply, Hoang Lam, Plywood Sunshine, Quang Phat, and Quoc Thai
remain barred from participating in the certification program in this
proceeding.
Verification
From July 1 through July 10, 2024, we conducted verification of the
questionnaire responses of five exporters/producers under review, Arrow
Forest International Co., Ltd., Hai Hien Bamboo Wood Joint Stock
Company, Lechenwood Viet Nam Company Limited, Long Luu Plywood
Production Co., Ltd., and TL Trung Viet Company Limited. We intend to
verify the information submitted by the remaining exporters listed in
Appendix I after the preliminary results.
Public Comment
In accordance with 19 CFR 351.309(c), case briefs or other written
comments may be submitted to the Assistant Secretary for Enforcement
and Compliance no later than seven days
[[Page 66349]]
after the date on which the last verification report is issued.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than five days after the deadline for case
briefs.\23\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this review are encouraged to
submit with each argument: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.
---------------------------------------------------------------------------
\23\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
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.\24\ 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).\25\
---------------------------------------------------------------------------
\24\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\25\ 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, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Assessment Rates
Upon issuance of the final results of this review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\26\ For all entries of merchandise
exported by the companies listed in Appendix I, we intend to instruct
CBP to liquidate the entries without regard to antidumping duties in
these preliminary results are unchanged for the final results. For
entries of merchandise exported by Hoang Lam, Quang Phat, and Shanghai
Luli, which are part of the China-wide entity, we will instruct CBP to
liquidate their entries at the current rate for the China-wide entity
(i.e., 114.72 percent). For all suspended entries of merchandise
exported by Groll Ply, Plywood Sunshine, and Quoc Thai, we will
instruct CBP to liquidate their entries at the assigned rate of 89.10
percent. 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).
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\26\ See 19 CFR 351.212(b)(1).
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For the companies (see Appendix II) for which this review is
rescinded with these preliminary results, we will instruct CBP to
assess antidumping duties on all appropriate entries at a rate equal to
the cash deposit of estimated antidumping duties required at the time
of entry, or withdrawal from warehouse, for consumption, during the
period September 26, 2021, through December 31, 2022, in accordance
with 19 CFR 351.212(c)(l)(i). Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of the preliminary 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 administrative review for
shipments of subject merchandise, entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided by section 751(a)(2)(C) of
the Act: (1) the cash deposit rates for Groll Ply, Plywood Sunshine,
and Quoc Thai, will be 89.10 percent; (2) for previously investigated
or reviewed exporters that have separate rates, the cash deposit rate
will continue to be the exporter-specific rate published for the most
recently completed segment of this proceeding; (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 the rate for
the China-wide entity (i.e., 114.72 percent); (4) for all non-Chinese
exporters of subject merchandise that have not received their own rate,
the cash deposit rate will be the rate applicable to the exporter that
supplied that non-Chinese exporter, where available, or the rate for
the China-wide entity (i.e., 114.72), if no alternate rate is
available. These deposit requirements, when imposed, shall remain in
effect until further notice.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review, pursuant to section
751(a)(3)(A) of the Act.
Notification to Importers
This notice also serves as a 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 this POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties.
Notification to Interested Parties
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(l) of the
Act, and 19 CFR 351.221(b)(4).
Dated: August 6, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping duty and
Countervailing Operations.
Appendix I
Participating Companies Which Reported No POR Shipments of Subject
Merchandise
1. An An Plywood Joint Stock Company
[[Page 66350]]
2. Arrow Forest International Co., Ltd.
3. Cam Lam Vietnam Joint Stock Company \27\
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\27\ We also initiated a review of this company under the minor
name variation Camlam Vietnam Joint Stock Company. See Intent to
Rescind Memorandum.
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4. Cosco Star International Co., Ltd.
5. Eagle Industries Company Limited
6. Golden Bridge Industries Pte. Ltd
7. Govina Investment Joint Stock Company
8. Greatriver Wood Company Limited \28\
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\28\ We also initiated a review of this company of Cong Ty TNHH
Greatriver Wood. We have preliminarily treated these companies as
the same entity.
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9. Greatwood Hung Yen Joint Stock Company \29\
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\29\ We also initiated a review of this company under its former
name Greatwood Company Limited. See Circumvention Final
Determination IDM at 76.
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10. Hai Hien Bamboo Wood Joint Stock Company
11. Her Hui Wood (Vietnam) Co., Ltd.
12. Innovgreen Thanh Hoa Co., Ltd.
13. Lechenwood Viet Nam Company Limited \30\
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\30\ We also initiated a review of Lechenwood Viet Nam Company
Limited. We have preliminarily treated these companies as the same
entity.
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14. Long Luu Plywood Production Co., Ltd
15. TEKCOM Corporation
16. Thang Long Wood Panel Company Ltd.\31\
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\31\ We also initiated a review of this company under the minor
name variation Thang Long Wood Panel Company. See Intent to Rescind
Memorandum.
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17. TL Trung Viet Company Limited
18. VietNam ZhongJia Wood Company Limited.
19. Win Faith Trading Limited \32\
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\32\ We also initiated a review of this company under the minor
name variation Win Faith Trading. See Intent to Rescind Memorandum.
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Appendix II
Companies Rescinded from Review
A. Withdrawals of Requests for Review
1. Fulin Wood Import Export Company Limited
2. Greatwood Joint Stock Company
3. Greentech Investment Co., Ltd.
4. Long Dat Import and Export Production Company
5. Star Light Multimedia Co., Ltd.
6. VietBac Plywood LLC
B. No Suspended Entries During the POR
1. Anhui Hoda Wood Co., Ltd.
2. BAC Son Woods Processing Joint Stock Company
3. Bao Yen MDF Joint Stock Company
4. Bergey (Tianjin) International Co., Ltd.
5. BHL Thai Nguyen Corp.
6. BHL Vietnam Investment and Development
7. Celtic Co., Ltd.
8. Chengxinli Wood Co Ltd of Lanshan
9. China Friend Limited
10. China National United Forestry Co.
11. Dong Tam Production Trading Company Limited
12. Dongguan Lingfeng Wood Industry Co.
13. Feixian Wanda Wood Factory
14. Happy Wood Industrial Group Co., Ltd.
15. High Hope Zhongding Corporation
16. Hunan Fuxi International Trade Co., Ltd.
17. Huong Son Wood Group Co., Ltd.
18. Jiangsu High Hope Arser Co. Ltd.
19. Jiaxing Hengtong Wood Co., Ltd.
20. Lianyungang Yuantai International Trade Co., Ltd.
21. Linwood Vietnam Co. Ltd.
22. Linyi Chengen Import and Export Co., Ltd.
23. Linyi City Dongfang Fukai Wood Industry Co., Ltd.
24. Linyi City Dongfang Jinxin Economic & Trade Co., Ltd.
25. Linyi Dongstar Import & Export Co., Ltd.
26. Linyi Evergreen Wood Co., Ltd.
27. Linyi Glary Plywood Co., Ltd.
28. Linyi Highwise International Trade Co., Ltd.
29. Linyi Huasheng Yongbin Wood Co., Ltd.
30. Linyi Jiahe Wood Industry Co., Ltd.
31. Linyi Sanfortune Wood Co., Ltd.
32. Linyi Yachen Wood Co., Ltd.
33. Long Phat Construction Investment and Trade Joint Stock Company
34. Pingyi Jinniu Wood Co., Ltd.
35. Pizhou Dayun Import and Export Trade Co., Ltd.
36. Pizhou Jiangshan Wood Co., Ltd
37. Pizhou Ouyme Import & Export Trade Co., Ltd.
38. Qingdao Top P&Q International Corp.
39. Rongjia Woods Vietnam Company Limited
40. Shandong Dongfang Bayley Wood Company
41. Shandong Fangsi Import and Export Co.
42. Shandong Good Wood Imp and Exp Co.
43. Shandong Jinhua International Trading Co.
44. Shandong Junke Import & Export Trade Co., Ltd.
45. Shandong Wood Home Trading Co., Ltd.
46. Shanghai Brightwood Trading Co., Ltd.
47. Shanghai Futuwood Trading Co., Ltd.
48. Shenzhen Yumei Trading Co., Ltd
49. Shouguang Wanda Wood Co., Ltd.
50. Sumec Huongson Wood Group Co. Ltd.
51. Sumec International Technology Co.
52. Suqian Hopeway International Trade Co., Ltd.
53. Suzhou Oriental Dragon Import and Export Co., Ltd.
54. Tan Tien Co. Ltd.
55. Thanh Hoa Stone Export Company
56. Truong Son North Construction JSC
57. Vietind Co. Ltd.
58. Vietnam Golden Timber Company Limited
59. Xuzhou Emmet Import and Export Trade
60. Xuzhou Jiangheng Wood Products Co., Ltd.
61. Xuzhou Jiangyang Wood Industries Co., Ltd.
62. Xuzhou Shelter Imp & Exp Co., Ltd.
63. Xuzhou Shengping Imp. and Exp. Co., Ltd.
64. Xuzhou Timber International Trade Co., Ltd.
65. Yangzhou Hanov International Co., Ltd.
66. Yishui Win-Win Wood Co., Ltd.
67. Zhejiang Dehua TB Import & Export Co., Ltd.
Appendix III
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review, In Part
V. Discussion of Methodology
VI. Certification Program
VII. Recommendation
[FR Doc. 2024-18285 Filed 8-14-24; 8:45 am]
BILLING CODE 3510-DS-P