Certain Hardwood Plywood Products From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, Preliminary Determination of No Shipments, and Partial Rescission; 2021-2022, 66343-66346 [2024-18286]

Download as PDF Federal Register / Vol. 89, No. 158 / Thursday, August 15, 2024 / Notices The proposed foreign-status materials/components include 2(Dimethylphosphinyl)benzeneamine, N,N-Disopropylethylamine, and 2,4,5trichloropyrimidine (duty rate ranges from 3.7% to 6.5%). The request indicates that certain materials/ components are subject to duties under section 301 of the Trade Act of 1974 (section 301), depending on the country of origin. The applicable section 301 decisions require subject merchandise to be admitted to FTZs in privileged foreign status (19 CFR 146.41). Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is September 24, 2024. A copy of the notification will be available for public inspection in the ‘‘Online FTZ Information System’’ section of the Board’s website. For further information, contact Juanita Chen at juanita.chen@trade.gov. Dated: August 9, 2024. Elizabeth Whiteman, Executive Secretary. [FR Doc. 2024–18283 Filed 8–14–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–052] Certain Hardwood Plywood Products From the People’s Republic of China: Preliminary Results of Countervailing 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 determines that countervailable subsidies are being provided to producers and/or exporters of certain hardwood plywood products (hardwood plywood) from the People’s Republic of China (China) during the period of review (POR) September 26, 2021, through December 31, 2022. Commerce also preliminarily finds that 18 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 countervailing duty (CVD) order on certain hardwood plywood products from China. Finally, we are also khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: VerDate Sep<11>2014 17:25 Aug 14, 2024 Jkt 262001 rescinding this review with respect to nine companies. We invite interested parties to comment on these preliminary results. DATES: Applicable August 15, 2024. FOR FURTHER INFORMATION CONTACT: Robert Galantucci, 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) 482–2923. SUPPLEMENTARY INFORMATION: Background On January 4, 2018, Commerce published in the Federal Register the CVD 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 32 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 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 1 See Certain Hardwood Plywood Products from the People’s Republic of China: Countervailing Duty Order, 83 FR 513 (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 We note that Commerce listed 40 company names in the initiation notice. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 15642 (March 14, 2023) (Initiation Notice); see also Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 21609 (April 11, 2023) (containing a correction to add an additional company name). However, in the Circumvention Final Determination, we found that a number of companies were duplicated via minor name variations. 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 accompanying Issues and Decision Memorandum (IDM) at 76; and Memorandum, ‘‘Notice of Intent to Rescind Review, In Part,’’ dated July 3, 2024 (Intent to Rescind Memorandum). For further discussion, see Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review of Certain Hardwood Plywood Products from the People’s Republic of China; 2021–2022,’’ dated concurrently with this notice (Preliminary Decision Memorandum). PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 66343 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 We also indicated that we would: (1) expand the POR for this administrative review to begin on September 26, 2021, in order 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 28, 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 certain companies subject to this review.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 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 4 See Circumvention Final Determination. 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 28, 2023. 8 See Intent to Rescind Memorandum at Attachment I. 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. 5 See E:\FR\FM\15AUN1.SGM 15AUN1 66344 Federal Register / Vol. 89, No. 158 / Thursday, August 15, 2024 / Notices subject merchandise during the POR subject to the CVD 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 July 3, 2024, Commerce notified all interested parties of its intent to rescind this review with respect to certain 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 three companies 14 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, we are rescinding the review with respect to these six companies (see Appendix II for a list of all companies for which Commerce is rescinding this review). khammond on DSKJM1Z7X2PROD with NOTICES 11 See, e.g., Lightweight Thermal Paper from the People’s Republic of China: Notice of Rescission of Countervailing Duty Administrative Review; 2015, 82 FR 14349 (March 20, 2017); 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). 12 See 19 CFR 351.212(b)(2). 13 See Intent to Rescind Memorandum. 14 The companies are: (1) BAC Son Woods Processing Joint Stock Company; (2) Huong Son Wood Group Co., Ltd.; and (3) Long Phat Construction Investment and Trade Joint Stock Company. VerDate Sep<11>2014 17:25 Aug 14, 2024 Jkt 262001 Methodology Commerce is conducting this review in accordance with section 751(a)(1)(A) 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.15 We received responses to these questionnaires from 21 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 was not assembled using any of the Chinese hardwood plywood input scenarios subject to this Order.16 We are also preliminarily accepting the claims of three additional companies from which Commerce is awaiting additional information, pending the receipt of the requested information.17 15 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). 16 See Circumvention Final Determination, 88 FR at 46742. 17 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, Greatwood Hung Yen Joint Stock Company, and Thang Long Wood Panel Company (Thang Long). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 We also preliminarily find it appropriate to permit the 15 companies referenced above, as well as Thang Long, to participate in the certification program at the conclusion of this administrative review. The other two companies are currently eligible to participate in this certification program, and we preliminarily find no basis to alter their status.18 Use of Adverse Facts Available Groll Ply and Cabinetry Co., Ltd. (Groll Ply), Hoang Lam Plywood Joint Stock Co. (Hoang Lam), Plywood Sunshine Co., Ltd. (Plywood Sunshine), Quang Phat Wood Joint Stock Company (Quang Phat), and Quoc Thai Forestry Import Export Limited Company (Quoc Thai) had entries of plywood during the POR that they claimed were of nonsubject 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, Hoang Lam, Plywood Sunshine, Quang Phat, and Quoc Thai failed to support their claims that their entries of plywood during the POR were not of subject merchandise. Pursuant to sections 776(a) and (b) of the Act, Commerce has assigned Groll Ply, Hoang Lam, Plywood Sunshine, Quang Phat, and Quoc Thai a subsidy rate of 100.11 percent based on facts available with adverse inferences (AFA). These five 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, Hoang Lam, Plywood Sunshine, Quang Phat, and Quoc Thai had necessary information in their possession and elected not to submit the information and, thus, that the five companies did not act to the best of their abilities in responding to Commerce’s information request by the applicable deadline, pursuant to section 776(b) of the Act. For additional information regarding this determination, see the Preliminary Decision Memorandum. Commerce preliminary determines that the following net countervailable subsidy rates exist for the period of 18 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. E:\FR\FM\15AUN1.SGM 15AUN1 Federal Register / Vol. 89, No. 158 / Thursday, August 15, 2024 / Notices September 26, 2021, through December 31, 2022: Company Groll Ply and Cabinetry Co., Ltd ..................................... Plywood Sunshine Co., Ltd .. Quoc Thai Forestry Import Export Limited Company .. Hoang Lam Plywood Joint Stock Co ........................... Quang Phat Wood Joint Stock Company ................. Subsidy rate (percent ad valorem) * 100.11 * 100.11 * 100.11 * 100.11 * 100.11 * This rate is based on AFA. 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 additional 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. khammond on DSKJM1Z7X2PROD with NOTICES 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 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 VerDate Sep<11>2014 17:25 Aug 14, 2024 Jkt 262001 briefs.19 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.20 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 determination in this investigation. 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).21 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, countervailing 19 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 20 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 21 See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 66345 duties on all appropriate entries covered by this review. 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 countervailing duties if these preliminary results are unchanged for the final results. For entries of merchandise exported by Groll Ply, Hoang Lam, Plywood Sunshine, Quang Phat, and Quoc Thai, we will instruct CBP to liquidate their entries at the assigned rate of 100.11 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 countervailing duties on all appropriate entries at a rate equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption, during the period 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 for these companies 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 In accordance with section 751(a)(2)(C) of the Act, Commerce intends upon publication of the final results, to instruct CBP to collect cash deposits of the estimated countervailing duties in the amounts calculated in the final results of this review for the respective companies listed above with regard to shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, CBP will continue to collect cash deposits of estimated countervailing duties at the all-others rate or the most recent E:\FR\FM\15AUN1.SGM 15AUN1 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 khammond on DSKJM1Z7X2PROD with NOTICES 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. VerDate Sep<11>2014 Appendix II 17:25 Aug 14, 2024 Jkt 262001 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 Frm 00005 Fmt 4703 Sfmt 4703 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 E:\FR\FM\15AUN1.SGM 15AUN1

Agencies

[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Notices]
[Pages 66343-66346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18286]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-052]


Certain Hardwood Plywood Products From the People's Republic of 
China: Preliminary Results of Countervailing 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 
determines that countervailable subsidies are being provided to 
producers and/or exporters of certain hardwood plywood products 
(hardwood plywood) from the People's Republic of China (China) during 
the period of review (POR) September 26, 2021, through December 31, 
2022. Commerce also preliminarily finds that 18 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 countervailing duty (CVD) order on 
certain hardwood plywood products from China. Finally, we are also 
rescinding this review with respect to nine companies. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable August 15, 2024.

FOR FURTHER INFORMATION CONTACT: Robert Galantucci, 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) 482-2923.

SUPPLEMENTARY INFORMATION:

Background

    On January 4, 2018, Commerce published in the Federal Register the 
CVD 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 32 companies.\3\
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    \1\ See Certain Hardwood Plywood Products from the People's 
Republic of China: Countervailing Duty Order, 83 FR 513 (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\ We note that Commerce listed 40 company names in the 
initiation notice. See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews, 88 FR 15642 (March 14, 2023) 
(Initiation Notice); see also Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 88 FR 21609 (April 11, 
2023) (containing a correction to add an additional company name). 
However, in the Circumvention Final Determination, we found that a 
number of companies were duplicated via minor name variations. 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 
accompanying Issues and Decision Memorandum (IDM) at 76; and 
Memorandum, ``Notice of Intent to Rescind Review, In Part,'' dated 
July 3, 2024 (Intent to Rescind Memorandum). For further discussion, 
see Memorandum, ``Decision Memorandum for the Preliminary Results of 
the Countervailing Duty Administrative Review of Certain Hardwood 
Plywood Products from the People's Republic of China; 2021-2022,'' 
dated concurrently with this notice (Preliminary Decision 
Memorandum).
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    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 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\ 
We also indicated that we would: (1) expand the POR for this 
administrative review to begin on September 26, 2021, in order 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\
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    \4\ See Circumvention Final Determination.
    \5\ See Circumvention Final Determination IDM at Comment 13.
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    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 28, 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 certain companies subject to this review.\8\
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    \6\ See Memorandum ``Companies Under Review for the Expanded 
POR,'' dated August 11, 2023.
    \7\ See Memorandum, ``CBP Data Release,'' dated August 28, 2023.
    \8\ See Intent to Rescind Memorandum at Attachment I.
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    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.
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    \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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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

[[Page 66344]]

subject merchandise during the POR subject to the CVD 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 July 3, 2024, Commerce notified 
all interested parties of its intent to rescind this review with 
respect to certain 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 three 
companies \14\ 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).
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    \11\ See, e.g., Lightweight Thermal Paper from the People's 
Republic of China: Notice of Rescission of Countervailing Duty 
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); 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).
    \12\ See 19 CFR 351.212(b)(2).
    \13\ See Intent to Rescind Memorandum.
    \14\ The companies are: (1) BAC Son Woods Processing Joint Stock 
Company; (2) Huong Son Wood Group Co., Ltd.; and (3) Long Phat 
Construction Investment and Trade Joint Stock Company.
---------------------------------------------------------------------------

    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, we are rescinding the 
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)(A) 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.\15\ 
We received responses to these questionnaires from 21 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 was not 
assembled using any of the Chinese hardwood plywood input scenarios 
subject to this Order.\16\ We are also preliminarily accepting the 
claims of three additional companies from which Commerce is awaiting 
additional information, pending the receipt of the requested 
information.\17\
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    \15\ 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).
    \16\ See Circumvention Final Determination, 88 FR at 46742.
    \17\ 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, Greatwood 
Hung Yen Joint Stock Company, and Thang Long Wood Panel Company 
(Thang Long).
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    We also preliminarily find it appropriate to permit the 15 
companies referenced above, as well as Thang Long, to participate in 
the certification program at the conclusion of this administrative 
review. The other two companies are currently eligible to participate 
in this certification program, and we preliminarily find no basis to 
alter their status.\18\
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    \18\ 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.
---------------------------------------------------------------------------

Use of Adverse Facts Available

    Groll Ply and Cabinetry Co., Ltd. (Groll Ply), Hoang Lam Plywood 
Joint Stock Co. (Hoang Lam), Plywood Sunshine Co., Ltd. (Plywood 
Sunshine), Quang Phat Wood Joint Stock Company (Quang Phat), and Quoc 
Thai Forestry Import Export Limited Company (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, 
Hoang Lam, Plywood Sunshine, Quang Phat, and Quoc Thai failed to 
support their claims that their entries of plywood during the POR were 
not of subject merchandise.
    Pursuant to sections 776(a) and (b) of the Act, Commerce has 
assigned Groll Ply, Hoang Lam, Plywood Sunshine, Quang Phat, and Quoc 
Thai a subsidy rate of 100.11 percent based on facts available with 
adverse inferences (AFA). These five 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, Hoang Lam, Plywood Sunshine, Quang Phat, and Quoc Thai had 
necessary information in their possession and elected not to submit the 
information and, thus, that the five companies did not act to the best 
of their abilities in responding to Commerce's information request by 
the applicable deadline, pursuant to section 776(b) of the Act. For 
additional information regarding this determination, see the 
Preliminary Decision Memorandum.
    Commerce preliminary determines that the following net 
countervailable subsidy rates exist for the period of

[[Page 66345]]

September 26, 2021, through December 31, 2022:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Groll Ply and Cabinetry Co., Ltd........................        * 100.11
Plywood Sunshine Co., Ltd...............................        * 100.11
Quoc Thai Forestry Import Export Limited Company........        * 100.11
Hoang Lam Plywood Joint Stock Co........................        * 100.11
Quang Phat Wood Joint Stock Company.....................        * 100.11
------------------------------------------------------------------------
* This rate is based on AFA.

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 
additional 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 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.\19\ 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.
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    \19\ 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.\20\ 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 determination in this investigation. 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).\21\
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    \20\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \21\ 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, countervailing duties on all 
appropriate entries covered by this review. 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 
countervailing duties if these preliminary results are unchanged for 
the final results. For entries of merchandise exported by Groll Ply, 
Hoang Lam, Plywood Sunshine, Quang Phat, and Quoc Thai, we will 
instruct CBP to liquidate their entries at the assigned rate of 100.11 
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 countervailing duties on all appropriate entries at a rate equal 
to the cash deposit of estimated countervailing duties required at the 
time of entry, or withdrawal from warehouse, for consumption, during 
the period 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 for these 
companies 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

    In accordance with section 751(a)(2)(C) of the Act, Commerce 
intends upon publication of the final results, to instruct CBP to 
collect cash deposits of the estimated countervailing duties in the 
amounts calculated in the final results of this review for the 
respective companies listed above with regard to shipments of subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of the final results of this review.
    For all non-reviewed firms, CBP will continue to collect cash 
deposits of estimated countervailing duties at the all-others rate or 
the most recent

[[Page 66346]]

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

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\
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    \22\ 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. Eagle Industries Company Limited
5. Golden Bridge Industries Pte. Ltd.
6. Govina Investment Joint Stock Company
7. Greatriver Wood Co., Ltd.\23\
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    \23\ We also initiated a review of Cong Ty TNHH Greatriver Wood. 
We have preliminarily treated these companies as the same entity.
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8. Greatwood Hung Yen Joint Stock Company \24\
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    \24\ We also initiated a review of this company under its former 
name Greatwood Company Limited. See Circumvention Final 
Determination IDM at 76.
---------------------------------------------------------------------------

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

    \25\ We also initiated a review of Lechenwood Viet Nam Company 
Limited. See Intent to Rescind Memorandum.
---------------------------------------------------------------------------

13. Long LUU Plywood Production Co., Ltd.
14. TEKCOM Corporation
15. Thang Long Wood Panel Company Ltd.\26\
---------------------------------------------------------------------------

    \26\ We also initiated a review of this company under the minor 
name variation Thang Long Wood Panel Company. See Intent to Rescind 
Memorandum.
---------------------------------------------------------------------------

16. TL Trung Viet Company Limited
17. Vietnam Zhongjia Wood Co., Ltd
18. Win Faith Trading Limited \27\
---------------------------------------------------------------------------

    \27\ We also initiated a review of this company under the minor 
name variation Win Faith Trading. See Intent to Rescind Memorandum.
---------------------------------------------------------------------------

Appendix II

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]
BILLING CODE 3510-DS-P
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