Wood Mouldings and Millwork Products From the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2022, 68858-68860 [2024-19318]
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68858
Federal Register / Vol. 89, No. 167 / Wednesday, August 28, 2024 / Notices
above will be equal to the weightedaverage dumping margin established in
these final results of this administrative
review; (2) for previously investigated or
reviewed companies not covered in this
review, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
completed segment of this proceeding in
which the company participated; (3) if
the exporter is not a firm covered in this
review, or the LTFV investigation, but
the producer is, then the cash deposit
rate will be the cash deposit rate
established for the most recently
completed segment for the producer of
the subject merchandise; and (4) the
cash deposit rate for all other producers
and exporters will continue to be 6.15
percent, the all-others rate established
in the LTFV investigation.6 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order (APO)
This notice serves as the only
reminder to parties subject to an APO of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
sanctionable violation.
khammond on DSKJM1Z7X2PROD with NOTICES
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
6 See
Order, 82 FR at 24096.
VerDate Sep<11>2014
18:13 Aug 27, 2024
Jkt 262001
Dated: August 21, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–19317 Filed 8–27–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–118]
Wood Mouldings and Millwork
Products From the People’s Republic
of China: Final Results and Partial
Rescission of Countervailing Duty
Administrative Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies were provided
to producers and exporters of wood
mouldings and millwork products
(millwork products) from the People’s
Republic of China (China) during the
period of review (POR) from January 1,
2022, through December 31, 2022.
Commerce is also rescinding the review
with respect to one company that had
no reviewable entries during the POR.
DATES: Applicable August 28, 2024.
FOR FURTHER INFORMATION CONTACT: Bob
Palmer or Brandon James, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–9068 or (202) 482–7472,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 5, 2024, Commerce
published the Preliminary Results.1 For
a detailed description of the events that
occurred subsequent to the Preliminary
Results, see the Issues and Decision
Memorandum.2 On July 1, 2024, in
accordance with section 751(a)(3)(A) of
1 See Wood Mouldings and Millwork Products
from the Peoples Republic of China: Preliminary
Results and Partial Rescission of Countervailing
Duty Administrative Review; 2022, 89 FR 15816
(March 5, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Countervailing Duty Administrative Review Wood
Mouldings and Millwork Products from the
People’s Republic of China; 2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
PO 00000
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Fmt 4703
Sfmt 4703
the Tariff Act of 1930, as amended (the
Act), Commerce extended the deadline
for issuing the final results until July 26,
2024.3 On July 22, 2024, Commerce
tolled certain deadlines in this
administrative proceeding by seven
days.4
Scope of the Order 5
The merchandise subject to the Order
is wood mouldings and millwork
products (WMMP) from China, which
are primarily classifiable under
subheadings 4409.10.0500,
4409.10.1020, 4409.10.1040,
4409.10.1060, 4409.10.1080,
4409.10.4010, 4409.10.4090,
4409.10.4500, 4409.10.5000,
4409.10.9020, 4409.10.9040,
4409.22.0590, 4409.22.1000,
4409.22.4000, 4409.22.5000,
4409.22.5020, 4409.22.5040,
4409.22.5060, 4409.22.5090,
4409.22.9000, 4409.22.9020,
4409.22.9030, 4409.22.9045,
4409.22.9060, 4409.22.9090,
4409.29.0665, 4409.29.1100,
4409.29.4100, 4409.29.5100,
4409.29.9100, 4412.99.5115,
4412.99.9500, 4418.91.9095, and
4421.91.9780 of the of the Harmonized
Tariff Schedule of the United States
(HTSUS). WMMP may also enter under
HTSUS numbers 4409.10.6000,
4409.10.6500, 4409.22.6000,
4409.22.6500, 4409.29.6100,
4409.29.6600, 4412.41.0000,
4412.42.0000, 4412.49.0000,
4412.91.5115, 4412.92.5215,
4412.99.9700, 4418.20.4000,
4418.20.8030, 4418.20.8060,
4418.91.9195, 4418.99.9095,
4418.99.9195, 4421.91.9880,
4421.99.9780, and 4421.99.9880. While
the HTSUS subheading and ASTM
specification are provided for
convenience and for customs purposes,
the written description of the subject
merchandise is dispositive. A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.
Rescission of Administrative Review, In
Part
In the Preliminary Results, Commerce
stated that we intended to further
examine the rescission of this
administrative review with respect to
three companies, Anji Huaxin Bamboo
3 See Memorandum, ‘‘Extension of Deadline for
the Final Results of Countervailing Duty
Administrative Review; 2022,’’ dated July 1, 2024.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
5 See Wood Mouldings and Millwork Products
from the People’s Republic of China: Countervailing
Duty Order, 86 FR 9484 (February 16, 2021) (Order).
E:\FR\FM\28AUN1.SGM
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Federal Register / Vol. 89, No. 167 / Wednesday, August 28, 2024 / Notices
& Wood Products Co., Ltd. (Anji
Huaxin), Composite Technology
International, Limited (CTIL), and
Homebuild Industries Co., Ltd.
(Homebuild). Anji Huaxin and CTIL
submitted comments claiming that they
had entries of subject merchandise
during the POR in response to our stated
intent to rescind the administrate
review with respect to these two
companies in the absence of evidence of
suspended entries during the POR.6
Homebuild submitted a certification of
no shipments during the POR and, after
seeking confirmation with U.S. Customs
and Border Protection (CBP), we placed
CBP’s response on the record.7 For the
final results, we find that Anji Huaxin
and Homebuild had reviewable entries
of subject merchandise during the POR
and, accordingly, are not rescinding this
review with respect to these two
companies. However, we find that CTIL
had no reviewable entries of subject
merchandise during the POR. As a
result, we are rescinding this review,
pursuant to 19 CFR 351.213(d)(3), with
respect to this company.
For further information regarding this
determination, see ‘‘Final Rescission of
Administrative Review, In Part’’ section
in the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised by interested parties
in briefs are addressed in the Issues and
Decision Memorandum. A list of the
issues addressed in the Issues and
Decision Memorandum is provided in
Appendix I of this notice. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://access.
trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
khammond on DSKJM1Z7X2PROD with NOTICES
Changes Since the Preliminary Results
Based on our review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain revisions to
the countervailable subsidy rate
calculations for Fujian Jinquan Trade
Co., Ltd. (Jinquan) and Fujian Yinfeng
6 See Preliminary Results PDM at 4–6; see also
Memorandum, ‘‘Notice of Intent to Rescind Review,
In Part,’’ dated September 14, 2023.
7 See Memorandum, ‘‘Entry Documents
Requested,’’ dated February 14, 2024.
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18:13 Aug 27, 2024
Jkt 262001
Imp & Exp Trading Co., Ltd. (Yinfeng).8
As a result of the changes to Jinquan
and Yinfeng’s program rates, the final
rate for the 20 non-selected companies
under review also changed.9 These
changes are explained in the Issues and
Decision Memorandum.
Methodology
Commerce conducted this review in
accordance with section 751(a)(1)(A) of
the Act. For each of the subsidy
programs found countervailable, we
find that there is a subsidy, i.e., a
government-provided financial
contribution that gives rise to a benefit
to the recipient, and that the subsidy is
specific.10 The Issues and Decision
Memorandum contains a full
description of the methodology
underlying Commerce’s conclusions,
including any determination that relied
upon the use of adverse facts available
pursuant to sections 776(a) and (b) of
the Act.
Companies Not Selected for Individual
Review
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
companies not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 705(c)(5) of the Act, which
provides instructions for determining
the all-others rate in an investigation,
for guidance when calculating the rate
for companies which were not selected
for individual examination in an
administrative review. Under section
705(c)(5)(A) of the Act, the all-others
rate is normally an amount equal to the
weighted average of the countervailable
subsidy rates established for exporters
and producers individually
investigated, excluding any zero or de
minimis countervailable subsidy rates,
and any rates determined entirely on the
basis of facts available.
As stated above, there are 20
companies for which a review was
requested and not rescinded, and which
were not selected as mandatory
respondents or found to be cross-owned
with a mandatory respondent. For these
non-selected companies, because the
rates calculated for mandatory
8 See Memoranda, ‘‘Final Results Calculations for
Fujian Jinquan Trade Co., Ltd.,’’ and ‘‘Final Results
Calculations for Fujian Yinfeng Imp & Exp Trading
Co., Ltd.,’’ dated concurrently with this notice.
9 The 20 non-selected companies under review
are listed in Appendix II of this notice.
10 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
68859
respondents Jinquan and Yinfeng were
above de minimis and not based entirely
on facts available, we applied a final
subsidy rate based on a weighted
average of the rates calculated for the
two mandatory respondents using the
publicly ranged sales data they
submitted on the record. This
methodology is consistent with our
practice for establishing an all-others
subsidy rate pursuant to section
705(c)(5)(A) of the Act. For a list of the
non-selected companies, see Appendix
II to this notice.
Final Results of Review
We find the countervailable subsidy
rates for the mandatory and nonselected respondents under review for
the period of January 1, 2022, through
December 31, 2022, to be as follows:
Producer/exporter
Fujian Jinquan Trade Co.,
Ltd.11 .................................
Fujian Yinfeng Imp & Exp
Trading Co., Ltd.12 ............
Non-Selected Companies
Under Review 13 ................
Subsidy rate
(percent
ad valorem)
21.21
3.11
14.38
Disclosure
We intend to disclose the calculations
performed in connection with the final
results of review to parties in this
proceeding within five days of the date
of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
has determined, and CBP shall assess,
countervailing duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review, for the above-listed companies
at the applicable ad valorem assessment
rates listed for the POR (i.e., January 1,
2022, to December 31, 2022). For CTIL,
for which this review is rescinded,
Commerce will instruct CBP to assess
countervailing duties on all appropriate
entries at a rate equal to the cash deposit
of estimated countervailing duties
required at the time of entry, or
withdrawal from warehouse, for
consumption, during the period January
1, 2022, through December 31, 2022, in
11 Jinquan is cross-owned with Fujian Province
Youxi County Baiyuan Wood Machining Co., Ltd.
12 The following companies are cross-owned with
Yinfeng: Fujian Province Youxi City Mangrove
Wood Machining Co., Ltd.; and Fujian Province
Youxi City Mangrove Wood Machining Co., Ltd.
Youxi Xicheng Branch. Fujian Province.
13 See Appendix II.
E:\FR\FM\28AUN1.SGM
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68860
Federal Register / Vol. 89, No. 167 / Wednesday, August 28, 2024 / Notices
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
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)(1)
of the Act, Commerce intends to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for the POR for each of
the respective companies listed above
on shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review. For all nonreviewed firms subject to the Order, we
will instruct CBP to continue to collect
cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, effective upon
publication of the final results of
review, shall remain in effect until
further notice.
Administrative Protective Order (APO)
This notice also serves as a reminder
to parties subject to an APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
khammond on DSKJM1Z7X2PROD with NOTICES
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review
and notice in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: August 15, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
VerDate Sep<11>2014
18:13 Aug 27, 2024
Jkt 262001
II. Background
III. Final Rescission of Review, in Part
IV. Scope of the Order
V. Use of Facts Otherwise Available and
Application of Adverse Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether Commerce Should
Change Its Preliminary Findings
Regarding the Export Buyer’s Credit
Program (EBCP)
Comment 2: Whether the Electricity for
Less Than Adequate Remuneration
(LTAR) Program Is Specific
Comment 3: Whether Certain Input
Suppliers Are Government Authorities
A. Whether Information Is Missing From
the Record
B. Whether Two Suppliers Provided
Sufficient Information
Comment 4: Whether Commerce Properly
Excluded Respondents’ Benchmark Data
A. Whether Commerce Should Use All of
Respondents’ Benchmark Data
B. Whether Commerce Should Revise the
Cut Timber Benchmark
Comment 5: Whether Commerce Should
Revise the Paint Benchmark
Comment 6: Whether Commerce Should
Revise the Ocean Freight Benchmark
A. Whether Commerce Should Include
Drewry Data
B. Whether Commerce Should Adjust Its
Averaging Methodology
C. Whether To Include Certain Surcharges
Comment 7: Whether Commerce Should
Rely on Respondents’ Reported Inland
Freight Data
Comment 8: Whether Commerce Should
Exclude Sales Not Related to Production
Activities
Comment 9: Whether Commerce Should
Rely on Malaysian Land Benchmarks
IX. Recommendation
Appendix II—Non-Selected Companies
Under Review
1. Anji Huaxin Bamboo & Wood Products
Co., Ltd.
2. Fotiou Frames Limited
3. Fujian Hongjia Craft Products Co., Ltd.
4. Fujian Wangbin Decorative Material Co.,
Ltd.
5. Fujian Youxi Best Arts & Crafts Co. Ltd.
6. Homebuild Industries Co., Ltd.
7. Huaan Longda Wood Industry Co., Ltd.
8. Jiangsu Wenfeng Wood Co., Ltd.
9. Longquan Jiefeng Trade Co., Ltd.
10. Nanping Huatai Wood & Bamboo Co.,
Ltd.
11. Nanping Huatai Wood and Bamboo Co.,
Ltd.
12. Putian Yihong Wood Industry Co., Ltd.
13. Shandong Miting Household Co., Ltd.
14. Shaxian Hengtong Wood Industry Co.,
Ltd.
15. Shaxian Shiyiwood, Ltd.
16. Shuyang Kevin International Co., Ltd.
17. Shuyang Zhongding Decoration Materials
Co., Ltd.
18. Suqian Sulu Import & Export Trading Co.,
Ltd.
19. Zhangzhou Wangjiamei Industry & Trade
Co., Ltd.
PO 00000
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20. Zhangzhou Yihong Industrial Co., Ltd.
[FR Doc. 2024–19318 Filed 8–27–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–838, C–821–839]
Ferrosilicon From the Russian
Federation: Preliminary Affirmative
Critical Circumstances Determinations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that that critical
circumstances exist, with respect to
imports of ferrosilicon in the
antidumping duty (AD) and
countervailing duty (CVD)
investigations of ferrosilicon from the
Russian Federation (Russia). The AD
period of investigation is July 1, 2023,
through December 31, 2023, and the
CVD period of investigation is January
1, 2023, through December 31, 2023.
DATES: Applicable August 28, 2024.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482- 3148.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
These preliminary determinations are
made in accordance with sections 703(e)
and 733(e) of the Tariff Act of 1930, as
amended (the Act). Commerce
published the notices of initiation of
these AD and CVD investigations on
April 24, 2024.1 On August 9, 2024, CC
Metals and Alloys, LLC and Ferroglobe
USA, INC. (collectively, the petitioners)
filed timely allegations, pursuant to
sections 703(e)(1) and 733(e)(1) of the
Act and 19 CFR 351.206, that critical
circumstances exist with respect to
ferrosilicon from Russia.2 On August 19,
1 See Ferrosilicon from Brazil, Kazakhstan,
Malaysia, and the Russian Federation: Initiation of
Countervailing Duty Investigations, 89 FR 31133
(April 24, 2024) (CVD Initiation Notice); see also
Ferrosilicon from Brazil, Kazakhstan, Malaysia, and
the Russian Federation: Initiation of Less-ThanFair-Value Investigations, 89 FR 31137 (April 24,
2024) (AD Initiation Notice).
2 See Petitioners’ Letter, ‘‘Petitioners’ Critical
Circumstances Allegation,’’ dated August 9, 2024
(AD Critical Circumstances Allegation); also see
Petitioners’ Letter, ‘‘Petitioners’ Critical
Circumstances Allegation,’’ dated August 9, 2024
(CVD Critical Circumstances Allegation).
E:\FR\FM\28AUN1.SGM
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Agencies
[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)]
[Notices]
[Pages 68858-68860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19318]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-118]
Wood Mouldings and Millwork Products From the People's Republic
of China: Final Results and Partial Rescission of Countervailing Duty
Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies were provided to producers and exporters of
wood mouldings and millwork products (millwork products) from the
People's Republic of China (China) during the period of review (POR)
from January 1, 2022, through December 31, 2022. Commerce is also
rescinding the review with respect to one company that had no
reviewable entries during the POR.
DATES: Applicable August 28, 2024.
FOR FURTHER INFORMATION CONTACT: Bob Palmer or Brandon James, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-9068 or (202) 482-7472,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 5, 2024, Commerce published the Preliminary Results.\1\
For a detailed description of the events that occurred subsequent to
the Preliminary Results, see the Issues and Decision Memorandum.\2\ On
July 1, 2024, in accordance with section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), Commerce extended the deadline for
issuing the final results until July 26, 2024.\3\ On July 22, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
seven days.\4\
---------------------------------------------------------------------------
\1\ See Wood Mouldings and Millwork Products from the Peoples
Republic of China: Preliminary Results and Partial Rescission of
Countervailing Duty Administrative Review; 2022, 89 FR 15816 (March
5, 2024) (Preliminary Results), and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review Wood
Mouldings and Millwork Products from the People's Republic of China;
2022,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
\3\ See Memorandum, ``Extension of Deadline for the Final
Results of Countervailing Duty Administrative Review; 2022,'' dated
July 1, 2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
Scope of the Order 5
---------------------------------------------------------------------------
\5\ See Wood Mouldings and Millwork Products from the People's
Republic of China: Countervailing Duty Order, 86 FR 9484 (February
16, 2021) (Order).
---------------------------------------------------------------------------
The merchandise subject to the Order is wood mouldings and millwork
products (WMMP) from China, which are primarily classifiable under
subheadings 4409.10.0500, 4409.10.1020, 4409.10.1040, 4409.10.1060,
4409.10.1080, 4409.10.4010, 4409.10.4090, 4409.10.4500, 4409.10.5000,
4409.10.9020, 4409.10.9040, 4409.22.0590, 4409.22.1000, 4409.22.4000,
4409.22.5000, 4409.22.5020, 4409.22.5040, 4409.22.5060, 4409.22.5090,
4409.22.9000, 4409.22.9020, 4409.22.9030, 4409.22.9045, 4409.22.9060,
4409.22.9090, 4409.29.0665, 4409.29.1100, 4409.29.4100, 4409.29.5100,
4409.29.9100, 4412.99.5115, 4412.99.9500, 4418.91.9095, and
4421.91.9780 of the of the Harmonized Tariff Schedule of the United
States (HTSUS). WMMP may also enter under HTSUS numbers 4409.10.6000,
4409.10.6500, 4409.22.6000, 4409.22.6500, 4409.29.6100, 4409.29.6600,
4412.41.0000, 4412.42.0000, 4412.49.0000, 4412.91.5115, 4412.92.5215,
4412.99.9700, 4418.20.4000, 4418.20.8030, 4418.20.8060, 4418.91.9195,
4418.99.9095, 4418.99.9195, 4421.91.9880, 4421.99.9780, and
4421.99.9880. While the HTSUS subheading and ASTM specification are
provided for convenience and for customs purposes, the written
description of the subject merchandise is dispositive. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.
Rescission of Administrative Review, In Part
In the Preliminary Results, Commerce stated that we intended to
further examine the rescission of this administrative review with
respect to three companies, Anji Huaxin Bamboo
[[Page 68859]]
& Wood Products Co., Ltd. (Anji Huaxin), Composite Technology
International, Limited (CTIL), and Homebuild Industries Co., Ltd.
(Homebuild). Anji Huaxin and CTIL submitted comments claiming that they
had entries of subject merchandise during the POR in response to our
stated intent to rescind the administrate review with respect to these
two companies in the absence of evidence of suspended entries during
the POR.\6\ Homebuild submitted a certification of no shipments during
the POR and, after seeking confirmation with U.S. Customs and Border
Protection (CBP), we placed CBP's response on the record.\7\ For the
final results, we find that Anji Huaxin and Homebuild had reviewable
entries of subject merchandise during the POR and, accordingly, are not
rescinding this review with respect to these two companies. However, we
find that CTIL had no reviewable entries of subject merchandise during
the POR. As a result, we are rescinding this review, pursuant to 19 CFR
351.213(d)(3), with respect to this company.
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\6\ See Preliminary Results PDM at 4-6; see also Memorandum,
``Notice of Intent to Rescind Review, In Part,'' dated September 14,
2023.
\7\ See Memorandum, ``Entry Documents Requested,'' dated
February 14, 2024.
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For further information regarding this determination, see ``Final
Rescission of Administrative Review, In Part'' section in the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties in briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed in
the Issues and Decision Memorandum is provided in Appendix I of this
notice. The Issues and Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
revisions to the countervailable subsidy rate calculations for Fujian
Jinquan Trade Co., Ltd. (Jinquan) and Fujian Yinfeng Imp & Exp Trading
Co., Ltd. (Yinfeng).\8\ As a result of the changes to Jinquan and
Yinfeng's program rates, the final rate for the 20 non-selected
companies under review also changed.\9\ These changes are explained in
the Issues and Decision Memorandum.
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\8\ See Memoranda, ``Final Results Calculations for Fujian
Jinquan Trade Co., Ltd.,'' and ``Final Results Calculations for
Fujian Yinfeng Imp & Exp Trading Co., Ltd.,'' dated concurrently
with this notice.
\9\ The 20 non-selected companies under review are listed in
Appendix II of this notice.
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Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
countervailable, we find that there is a subsidy, i.e., a government-
provided financial contribution that gives rise to a benefit to the
recipient, and that the subsidy is specific.\10\ The Issues and
Decision Memorandum contains a full description of the methodology
underlying Commerce's conclusions, including any determination that
relied upon the use of adverse facts available pursuant to sections
776(a) and (b) of the Act.
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\10\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Companies Not Selected for Individual Review
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 705(c)(5) of the Act, which
provides instructions for determining the all-others rate in an
investigation, for guidance when calculating the rate for companies
which were not selected for individual examination in an administrative
review. Under section 705(c)(5)(A) of the Act, the all-others rate is
normally an amount equal to the weighted average of the countervailable
subsidy rates established for exporters and producers individually
investigated, excluding any zero or de minimis countervailable subsidy
rates, and any rates determined entirely on the basis of facts
available.
As stated above, there are 20 companies for which a review was
requested and not rescinded, and which were not selected as mandatory
respondents or found to be cross-owned with a mandatory respondent. For
these non-selected companies, because the rates calculated for
mandatory respondents Jinquan and Yinfeng were above de minimis and not
based entirely on facts available, we applied a final subsidy rate
based on a weighted average of the rates calculated for the two
mandatory respondents using the publicly ranged sales data they
submitted on the record. This methodology is consistent with our
practice for establishing an all-others subsidy rate pursuant to
section 705(c)(5)(A) of the Act. For a list of the non-selected
companies, see Appendix II to this notice.
Final Results of Review
We find the countervailable subsidy rates for the mandatory and
non-selected respondents under review for the period of January 1,
2022, through December 31, 2022, to be as follows:
------------------------------------------------------------------------
Subsidy rate
Producer/exporter (percent ad
valorem)
------------------------------------------------------------------------
Fujian Jinquan Trade Co., Ltd.\11\...................... 21.21
Fujian Yinfeng Imp & Exp Trading Co., Ltd.\12\.......... 3.11
Non-Selected Companies Under Review \13\................ 14.38
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Disclosure
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\11\ Jinquan is cross-owned with Fujian Province Youxi County
Baiyuan Wood Machining Co., Ltd.
\12\ The following companies are cross-owned with Yinfeng:
Fujian Province Youxi City Mangrove Wood Machining Co., Ltd.; and
Fujian Province Youxi City Mangrove Wood Machining Co., Ltd. Youxi
Xicheng Branch. Fujian Province.
\13\ See Appendix II.
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We intend to disclose the calculations performed in connection with
the final results of review to parties in this proceeding within five
days of the date of publication of this notice in the Federal Register,
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and CBP shall assess, countervailing duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review, for the above-listed companies at the
applicable ad valorem assessment rates listed for the POR (i.e.,
January 1, 2022, to December 31, 2022). For CTIL, for which this review
is rescinded, Commerce will instruct CBP to assess countervailing
duties on all appropriate entries at a rate equal to the cash deposit
of estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2022, through December 31, 2022, in
[[Page 68860]]
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 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)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for the POR for each of the respective
companies listed above on shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this administrative review. For all
non-reviewed firms subject to the Order, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific or all-others rate applicable to the
company, as appropriate. These cash deposit requirements, effective
upon publication of the final results of review, shall remain in effect
until further notice.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an APO
of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act, and 19 CFR 351.221(b)(5).
Dated: August 15, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Final Rescission of Review, in Part
IV. Scope of the Order
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether Commerce Should Change Its Preliminary
Findings Regarding the Export Buyer's Credit Program (EBCP)
Comment 2: Whether the Electricity for Less Than Adequate
Remuneration (LTAR) Program Is Specific
Comment 3: Whether Certain Input Suppliers Are Government
Authorities
A. Whether Information Is Missing From the Record
B. Whether Two Suppliers Provided Sufficient Information
Comment 4: Whether Commerce Properly Excluded Respondents'
Benchmark Data
A. Whether Commerce Should Use All of Respondents' Benchmark
Data
B. Whether Commerce Should Revise the Cut Timber Benchmark
Comment 5: Whether Commerce Should Revise the Paint Benchmark
Comment 6: Whether Commerce Should Revise the Ocean Freight
Benchmark
A. Whether Commerce Should Include Drewry Data
B. Whether Commerce Should Adjust Its Averaging Methodology
C. Whether To Include Certain Surcharges
Comment 7: Whether Commerce Should Rely on Respondents' Reported
Inland Freight Data
Comment 8: Whether Commerce Should Exclude Sales Not Related to
Production Activities
Comment 9: Whether Commerce Should Rely on Malaysian Land
Benchmarks
IX. Recommendation
Appendix II--Non-Selected Companies Under Review
1. Anji Huaxin Bamboo & Wood Products Co., Ltd.
2. Fotiou Frames Limited
3. Fujian Hongjia Craft Products Co., Ltd.
4. Fujian Wangbin Decorative Material Co., Ltd.
5. Fujian Youxi Best Arts & Crafts Co. Ltd.
6. Homebuild Industries Co., Ltd.
7. Huaan Longda Wood Industry Co., Ltd.
8. Jiangsu Wenfeng Wood Co., Ltd.
9. Longquan Jiefeng Trade Co., Ltd.
10. Nanping Huatai Wood & Bamboo Co., Ltd.
11. Nanping Huatai Wood and Bamboo Co., Ltd.
12. Putian Yihong Wood Industry Co., Ltd.
13. Shandong Miting Household Co., Ltd.
14. Shaxian Hengtong Wood Industry Co., Ltd.
15. Shaxian Shiyiwood, Ltd.
16. Shuyang Kevin International Co., Ltd.
17. Shuyang Zhongding Decoration Materials Co., Ltd.
18. Suqian Sulu Import & Export Trading Co., Ltd.
19. Zhangzhou Wangjiamei Industry & Trade Co., Ltd.
20. Zhangzhou Yihong Industrial Co., Ltd.
[FR Doc. 2024-19318 Filed 8-27-24; 8:45 am]
BILLING CODE 3510-DS-P