Wooden Cabinets and Vanities and Components Thereof From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2022, 88962-88964 [2024-26175]
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88962
Federal Register / Vol. 89, No. 218 / Tuesday, November 12, 2024 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–107]
Wooden Cabinets and Vanities and
Components Thereof From the
People’s Republic of China: Final
Results 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
certain producers and exporters of
wooden cabinets and vanities and
components thereof (wooden cabinets)
from the People’s Republic of China
(China) received countervailable
subsidies during the period of review
(POR) January 1, 2022, through
December 31, 2022.
DATES: Applicable November 12, 2024.
FOR FURTHER INFORMATION CONTACT:
Michael Romani or Suresh Maniam,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0198 or
(202) 482–1603, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 2, 2024, Commerce published
the Preliminary Results of this
administrative review in the Federal
Register and invited comments from
interested parties.1 For a complete
description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.2
Commerce conducted this review in
accordance with section 751(a)(1)(A) of
the Tariff Act of 1930, as amended (the
Act).
khammond on DSKJM1Z7X2PROD with NOTICES
Scope of the Order
The products covered by the Order
are wooden cabinets from China. For a
full description of the scope of the
order, see the Issues and Decision
Memorandum.
1 See Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China: Preliminary Results and Partial Rescission of
Countervailing Duty Administrative Review; 2022,
89 FR 35782 (May 2, 2024) (Preliminary Results),
and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Countervailing Duty Administrative Review of
Wooden Cabinets and Vanities and Components
Thereof from the People’s Republic of China; 2022,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Jkt 265001
Analysis of Comments Received
All issues raised by the interested
parties in their case and rebuttal briefs
are addressed in the Issues and Decision
Memorandum. The topics discussed and
the issues raised by parties to which we
responded in the Issues and Decision
Memorandum are listed in the appendix
to 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 analysis of comments
received from interested parties, we
made changes to the net countervailable
subsidy rates for The Ancientree
Cabinet Co., Ltd. (Ancientree) and
Yixing Pengjia Cabinetry Co., Ltd.
(Pengjia). For a discussion of these
changes, see the Issues and Decision
Memorandum.
Methodology
Commerce conducted this
administrative review in accordance
with section 751(a)(1)(A) the Act. For
each of the subsidy programs found to
be countervailable, we determine that
there is a subsidy, i.e., a governmentprovided financial contribution that
gives rise to a benefit to the recipient,
and that the subsidy is specific.3 In
making this final determination,
Commerce relied, in part, on facts
otherwise available, including with an
adverse inference, pursuant to sections
776(a) and (b) of the Act. For a full
description of the methodology
underlying all of Commerce’s
conclusions, see the Issues and Decision
Memorandum.
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(e)(2) of the
Act. However, Commerce normally
determines the rates for non-selected
companies in reviews in a manner that
3 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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Fmt 4703
Sfmt 4703
is consistent with section 705(c)(5) of
the Act, which provides the basis for
calculating the all others rate in an
investigation. Section 705(c)(5)(A)(i) of
the Act instructs Commerce, as a general
rule, to calculate the all-others rate
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.
There are seven companies for which
a review was requested and not
rescinded, and which were not selected
as mandatory respondents or found to
be cross-owned with a mandatory
respondent. In this review, the rates for
Ancientree and Pengjia were above de
minimis and not based entirely on facts
available. Therefore, we are applying to
the non-selected companies the average
of the net subsidy rates calculated for
Ancientree and Pengjia, which we
calculated using the publicly-ranged
sales data submitted by Ancientree and
Pengjia.4
Final Results of Administrative Review
Commerce determines that the
following net countervailable subsidy
rates exist for the period January 1,
2022, through December 31, 2022:
4 With two respondents under examination,
Commerce normally calculates: (A) a weightedaverage of the estimated subsidy rates calculated for
the examined respondents; (B) a simple average of
the estimated subsidy rates calculated for the
examined respondents; and (C) a weighted average
of the estimated subsidy rates calculated for the
examined respondents using each company’s
publicly-ranged U.S. sale quantities for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an order in Part, 75 FR 53661, 53663
(September 1, 2010).
5 This company was formerly known as Yixing
Pengjia Cabinetry Co., Ltd. See Pengjia’s Letter
‘‘Section III,’’ dated January 4, 2024, at 2 and
Exhibit 5.1.
6 Commerce previously found Shanghai
Beautystar Cabinetry Co., Ltd. to be a cross-owned
affiliate with Jiangsu Sunwell Cabinetry Co Ltd. See
Wooden Cabinets and Vanities and Components
Thereof from the People’s Republic of China:
Preliminary Results of Countervailing Duty
Administrative Review, Rescission of
Administrative Review in Part, and Intent To
Rescind in Part; 2021, 88 FR 29084 (May 5, 2023),
and accompanying Preliminary Decision
Memorandum at 33, unchanged in Wooden
Cabinets and Vanities and Components Thereof
from the People’s Republic of China: Final Results
and Partial Recission of Countervailing Duty
Administrative Review, 2021, 88 FR 76732
(November 7, 2023).
7 This rate is based on the rate for the respondents
that were selected for individual review, excluding
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Federal Register / Vol. 89, No. 218 / Tuesday, November 12, 2024 / Notices
88963
Subsidy rate
(percent ad valorem)
Producer/exporter
The Ancientree Cabinet Co., Ltd .........................................................................................................................................
Yixing Pengjia Technology Co., Ltd 5 ..................................................................................................................................
Jiangsu Sunwell Cabinetry Co Ltd 6 ....................................................................................................................................
Taizhou Overseas Trading Company Ltd ...........................................................................................................................
Taishan Oversea Trading Company Ltd .............................................................................................................................
11.99
0.92
163.46
163.46
163.46
Review-Specific Average Rate Applicable to the Following Companies 7
Fujian Dushi Wooden Industry Co., Ltd ..............................................................................................................................
Fuzhou CBM Import & Export Co., Ltd ...............................................................................................................................
KM Cabinetry Co., Ltd .........................................................................................................................................................
Nantong Aershin Cabinet Co., Ltd ......................................................................................................................................
Shouguang Fushi Wood Co., Ltd ........................................................................................................................................
Weifang Fuxing Wood Co., Ltd ...........................................................................................................................................
Xiamen Adler Cabinetry Co., Ltd .........................................................................................................................................
Disclosure
Commerce intends to disclose the
calculations and analysis performed for
these final results of review within five
days of the date of publication of this
notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment
In accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
countervailing duties on all appropriate
entries covered by this review.
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after 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).
khammond on DSKJM1Z7X2PROD with NOTICES
Cash Deposit Requirements
In accordance with section 751(a)(1)
and (a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash
deposits of estimated countervailing
duties in the amounts shown above for
the companies listed above for
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of these final results of
review. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits of estimated
countervailing duties at the all-others
rate or the most recent company-specific
rate applicable to the company, as
appropriate. These cash deposit
rates that are zero, de minimis, or based entirely on
facts available. See section 705(c)(5)(A) of the Act.
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16:35 Nov 08, 2024
Jkt 265001
requirements, when imposed, shall
remain in effect until further notice.
Certification
Following the publication of this
notice, the importer, or the importer’s
agent, must continue to submit any
required certifications to CBP as part of
the entry process by uploading them
into the document imaging system in
CBP’s Automated Commercial
Environment at the time of entry
summary filing. Consistent with CBP’s
procedures, importers shall also identify
entries required to have certifications by
using importers’ additional declaration
(record 54) AD/CVD Certification
Designation (type code 06) when filing
entry summary.8
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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 subject to sanction.
Notification to Interested Parties
The final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
8 See Cargo System Messaging Service #59384253,
dated 02/12/2024; see also Announcing an
Importer’s Additional Declaration in the Automated
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10.92
10.92
10.92
10.92
10.92
10.92
10.92
Dated: November 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and
Application of Adverse Inferences
VII. Analysis of Programs
VIII. Discussion of Issues
Comment 1: Whether Commerce Should
Calculate a Land Purchase Benefit for
Jiangsu Yunru
Comment 2: Whether Commerce Should
Apply Adverse Facts Available (AFA) to
the Export Buyer’s Credit (EBC) Program
for Ancientree
Comment 3: Whether Commerce Should
Revise the Calculation of the Benchmark
Interest Applied to Ancientree’s Policy
Loans
Comment 4: Whether Commerce should
Rely on Freightos Data in its Ocean
Freight Benchmarks
Comment 5: Whether Commerce should
Exclude Pengjia’s Sales that Are Not
Related to Productive Activities
Comment 6: Whether Species Specific
Sawnwood Benchmarks are Appropriate
Comment 7: Whether Commerce Should
Continue to Countervail the Provision of
Certain Inputs for LTAR Based on AFA
Comment 8: Whether Commerce Should
Revise the Calculation of the Benefit for
the Provision of Electricity for LTAR
Program for Ancientree
Comment 9: Whether Commerce Should
Apply AFA to the Provision of
Electricity for LTAR
Comment 10: Whether Commerce Should
Apply AFA to the Provision of Water for
LTAR
Commercial Environment Specific to Antidumping/
Countervailing Duty Certifications, 89 FR 7372
(February 2, 2024).
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88964
Federal Register / Vol. 89, No. 218 / Tuesday, November 12, 2024 / Notices
Comment 11: Whether Income Tax
Reductions under Article 28 of the
Enterprise Income Tax is Specific
Comment 12: Whether It is Appropriate to
Consider Other Subsidies
IX. Recommendation
[FR Doc. 2024–26175 Filed 11–8–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–821, C–560–813]
Certain Hot-Rolled Carbon Steel Flat
Products From India and Indonesia:
Final Results of the Expedited Fourth
Sunset Reviews of the Countervailing
Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) finds that
revocation of the countervailing duty
(CVD) orders on certain hot-rolled
carbon steel flat products (hot-rolled
steel) from India and Indonesia would
be likely to lead to continuation or
recurrence of countervailable subsidies
at the levels indicated in the ‘‘Final
Results of the Sunset Reviews’’ section
of this notice.
DATES: Applicable November 12, 2024.
FOR FURTHER INFORMATION CONTACT:
Peter Zukowski, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0189.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Scope of the Orders
On December 3, 2001, Commerce
published the Orders on hot-rolled steel
from India and Indonesia.1 On July 1,
2024, Commerce published the notice of
initiation of the fourth five-year (sunset)
reviews of the Orders, pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act).2 From July 15
through July 16, 2024, Commerce
received notices of intent to participate
from Cleveland-Cliffs Inc.,3 Nucor
Corporation,4 United States Steel
Corporation,5 Steel Dynamics, Inc., and
SSAB Enterprises, LLC 6 (collectively,
the domestic interested parties), within
the deadline specified in 19 CFR
351.218(d)(1)(i). Each of the domestic
interested parties claimed interested
party status under section 771(9)(C) of
the Act and 19 CFR 351.102(b)(29)(v) as
producers of the domestic like product.
On July 31, 2024, Commerce received
adequate substantive responses from the
domestic interested parties within the
30-day deadline specified in 19 CFR
351.218(d)(3)(i).7 Commerce did not
receive a substantive response from any
other interested party to this
proceeding. On August 21, 2024,
Commerce notified the U.S.
International Trade Commission that it
did not receive an adequate substantive
response from respondent interested
parties.8 As a result, Commerce
conducted expedited (120-day) sunset
reviews of the Orders, pursuant to
section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(B)(2) and (C)(2).
On July 22, 2024, Commerce tolled
certain deadlines in this administrative
proceeding by seven days.9 The
deadline for these final results is now
November 5, 2024.
The merchandise covered by the
Orders is certain hot-rolled carbon steel
flat products from India and Indonesia.
For a complete description of the scope
of the Orders, see the Issues and
Decision Memorandum.10
Analysis of Comments Received
A complete discussion of all issues
raised in these sunset reviews,
including the likelihood of continuation
or recurrence of subsidization in the
event of revocation of the Orders and
the countervailable subsidy rates likely
to prevail if the Orders were to be
revoked, is provided in the Issues and
Decision Memorandum. A list of the
topics discussed in the Issues and
Decision Memorandum is attached as an
appendix to 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), which is available to
registered users at https://access.
trade.gov. In addition, complete
versions of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Reviews
Pursuant to sections 751(c) and 752(b)
of the Act, Commerce determines that
revocation of the CVD orders on hotrolled steel from India would be likely
to lead to continuation or recurrence of
a countervailable subsidies at the
following net countervailable subsidy
rates:
Net countervailable
subsidy rate
(percent ad valorem)
Producers/exporters
khammond on DSKJM1Z7X2PROD with NOTICES
Essar Steel Limited ..............................................................................................................................................................
Ispat Industries Limited ........................................................................................................................................................
Steel Authority of India Limited ...........................................................................................................................................
Tata Iron and Steel Company Limited ................................................................................................................................
All Others .............................................................................................................................................................................
1 See Notice of Amended Final Determination and
Notice of Countervailing Duty Orders: Certain HotRolled Carbon Steel Flat Products from India and
Indonesia, 66 FR 60198 (December 3, 2001)
(Orders).
2 See Initiation of Five-Year (Sunset) Reviews, 89
FR 54435 (July 1, 2024).
3 See Cleveland-Cliffs Inc.’s Letter, ‘‘Notice of
Intent to Participate in Sunset Reviews,’’ dated July
15, 2024.
4 See Nucor Corporation’s Letters, ‘‘Hot-Rolled
Carbon Steel Flat Products from India: Notice of
Intent to Participate in Sunset Review,’’ dated July
15, 2024; and ‘‘Hot-Rolled Carbon Steel Flat
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16:35 Nov 08, 2024
Jkt 265001
Products from Indonesia: Notice of Intent to
Participate in Sunset Review,’’ dated July 15, 2024.
5 See United States Steel Corporation’s Letter,
‘‘Notice of Intent to Participate,’’ dated July 16,
2024.
6 See Steel Dynamics, Inc. and SSAB Enterprises,
LLC’s Letters, ‘‘Certain Hot-Rolled Carbon Steel Flat
Products from India: Notice of Intent to
Participate,’’ dated July 16, 2024; and ‘‘Certain HotRolled Carbon Steel Flat Products from Indonesia:
Notice of Intent to Participate,’’ dated July 16, 2024.
7 See Domestic Interested Parties’ Letter,
‘‘Domestic Industry Substantive Response,’’ dated
July 31, 2024.
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336.62
360.23
346.61
337.51
344.44
8 8 See Commerce’s Letter, ‘‘Sunset Reviews for
July 2024,’’ dated August 21, 2024.
9 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
10 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
Fourth Sunset Reviews of the Countervailing Duty
Orders on Certain Hot-Rolled Carbon Steel Flat
Products from India and Indonesia,’’ dated
concurrently with, and adopted by, this notice.
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Agencies
[Federal Register Volume 89, Number 218 (Tuesday, November 12, 2024)]
[Notices]
[Pages 88962-88964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26175]
[[Page 88962]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-107]
Wooden Cabinets and Vanities and Components Thereof From the
People's Republic of China: Final Results 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
certain producers and exporters of wooden cabinets and vanities and
components thereof (wooden cabinets) from the People's Republic of
China (China) received countervailable subsidies during the period of
review (POR) January 1, 2022, through December 31, 2022.
DATES: Applicable November 12, 2024.
FOR FURTHER INFORMATION CONTACT: Michael Romani or Suresh Maniam, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0198 or (202)
482-1603, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2024, Commerce published the Preliminary Results of this
administrative review in the Federal Register and invited comments from
interested parties.\1\ For a complete description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\2\ Commerce conducted this review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Wooden Cabinets and Vanities and Components Thereof from
the People's Republic of China: Preliminary Results and Partial
Rescission of Countervailing Duty Administrative Review; 2022, 89 FR
35782 (May 2, 2024) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Wooden Cabinets and Vanities and Components Thereof from the
People's Republic of China; 2022,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are wooden cabinets from China.
For a full description of the scope of the order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum.
The topics discussed and the issues raised by parties to which we
responded in the Issues and Decision Memorandum are listed in the
appendix to 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 analysis of comments received from interested parties,
we made changes to the net countervailable subsidy rates for The
Ancientree Cabinet Co., Ltd. (Ancientree) and Yixing Pengjia Cabinetry
Co., Ltd. (Pengjia). For a discussion of these changes, see the Issues
and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) the Act. For each of the subsidy programs found to
be countervailable, we determine 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.\3\ In making this
final determination, Commerce relied, in part, on facts otherwise
available, including with an adverse inference, pursuant to sections
776(a) and (b) of the Act. For a full description of the methodology
underlying all of Commerce's conclusions, see the Issues and Decision
Memorandum.
---------------------------------------------------------------------------
\3\ 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.
---------------------------------------------------------------------------
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(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides the basis for calculating the all
others rate in an investigation. Section 705(c)(5)(A)(i) of the Act
instructs Commerce, as a general rule, to calculate the all-others rate
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.
There are seven companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent. In this review,
the rates for Ancientree and Pengjia were above de minimis and not
based entirely on facts available. Therefore, we are applying to the
non-selected companies the average of the net subsidy rates calculated
for Ancientree and Pengjia, which we calculated using the publicly-
ranged sales data submitted by Ancientree and Pengjia.\4\
---------------------------------------------------------------------------
\4\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an order in Part, 75 FR 53661, 53663
(September 1, 2010).
---------------------------------------------------------------------------
Final Results of Administrative Review
Commerce determines that the following net countervailable subsidy
rates exist for the period January 1, 2022, through December 31, 2022:
---------------------------------------------------------------------------
\5\ This company was formerly known as Yixing Pengjia Cabinetry
Co., Ltd. See Pengjia's Letter ``Section III,'' dated January 4,
2024, at 2 and Exhibit 5.1.
\6\ Commerce previously found Shanghai Beautystar Cabinetry Co.,
Ltd. to be a cross-owned affiliate with Jiangsu Sunwell Cabinetry Co
Ltd. See Wooden Cabinets and Vanities and Components Thereof from
the People's Republic of China: Preliminary Results of
Countervailing Duty Administrative Review, Rescission of
Administrative Review in Part, and Intent To Rescind in Part; 2021,
88 FR 29084 (May 5, 2023), and accompanying Preliminary Decision
Memorandum at 33, unchanged in Wooden Cabinets and Vanities and
Components Thereof from the People's Republic of China: Final
Results and Partial Recission of Countervailing Duty Administrative
Review, 2021, 88 FR 76732 (November 7, 2023).
\7\ This rate is based on the rate for the respondents that were
selected for individual review, excluding rates that are zero, de
minimis, or based entirely on facts available. See section
705(c)(5)(A) of the Act.
[[Page 88963]]
------------------------------------------------------------------------
Subsidy rate (percent
Producer/exporter ad valorem)
------------------------------------------------------------------------
The Ancientree Cabinet Co., Ltd................ 11.99
Yixing Pengjia Technology Co., Ltd \5\......... 0.92
Jiangsu Sunwell Cabinetry Co Ltd \6\........... 163.46
Taizhou Overseas Trading Company Ltd........... 163.46
Taishan Oversea Trading Company Ltd............ 163.46
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Review-Specific Average Rate Applicable to the Following Companies \7\
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Fujian Dushi Wooden Industry Co., Ltd.......... 10.92
Fuzhou CBM Import & Export Co., Ltd............ 10.92
KM Cabinetry Co., Ltd.......................... 10.92
Nantong Aershin Cabinet Co., Ltd............... 10.92
Shouguang Fushi Wood Co., Ltd.................. 10.92
Weifang Fuxing Wood Co., Ltd................... 10.92
Xiamen Adler Cabinetry Co., Ltd................ 10.92
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Disclosure
Commerce intends to disclose the calculations and analysis
performed for these final results of review within five days of the
date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries covered by this review. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after publication of the
final results of this review in the Federal Register. If a timely
summons is filed at the U.S. Court of International Trade, the
assessment instructions will direct CBP not to liquidate relevant
entries until the time for parties to file a request for a statutory
injunction has expired (i.e., within 90 days of publication).
Cash Deposit Requirements
In accordance with section 751(a)(1) and (a)(2)(C) of the Act,
Commerce also intends to instruct CBP to collect cash deposits of
estimated countervailing duties in the amounts shown above for the
companies listed above for shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of these final results of review. For all non-reviewed
firms, we will instruct CBP to continue to collect cash deposits of
estimated countervailing duties at the all-others rate or the most
recent company-specific rate applicable to the company, as appropriate.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Certification
Following the publication of this notice, the importer, or the
importer's agent, must continue to submit any required certifications
to CBP as part of the entry process by uploading them into the document
imaging system in CBP's Automated Commercial Environment at the time of
entry summary filing. Consistent with CBP's procedures, importers shall
also identify entries required to have certifications by using
importers' additional declaration (record 54) AD/CVD Certification
Designation (type code 06) when filing entry summary.\8\
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\8\ See Cargo System Messaging Service #59384253, dated 02/12/
2024; see also Announcing an Importer's Additional Declaration in
the Automated Commercial Environment Specific to Antidumping/
Countervailing Duty Certifications, 89 FR 7372 (February 2, 2024).
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Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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
subject to sanction.
Notification to Interested Parties
The final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: November 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Analysis of Programs
VIII. Discussion of Issues
Comment 1: Whether Commerce Should Calculate a Land Purchase
Benefit for Jiangsu Yunru
Comment 2: Whether Commerce Should Apply Adverse Facts Available
(AFA) to the Export Buyer's Credit (EBC) Program for Ancientree
Comment 3: Whether Commerce Should Revise the Calculation of the
Benchmark Interest Applied to Ancientree's Policy Loans
Comment 4: Whether Commerce should Rely on Freightos Data in its
Ocean Freight Benchmarks
Comment 5: Whether Commerce should Exclude Pengjia's Sales that
Are Not Related to Productive Activities
Comment 6: Whether Species Specific Sawnwood Benchmarks are
Appropriate
Comment 7: Whether Commerce Should Continue to Countervail the
Provision of Certain Inputs for LTAR Based on AFA
Comment 8: Whether Commerce Should Revise the Calculation of the
Benefit for the Provision of Electricity for LTAR Program for
Ancientree
Comment 9: Whether Commerce Should Apply AFA to the Provision of
Electricity for LTAR
Comment 10: Whether Commerce Should Apply AFA to the Provision
of Water for LTAR
[[Page 88964]]
Comment 11: Whether Income Tax Reductions under Article 28 of
the Enterprise Income Tax is Specific
Comment 12: Whether It is Appropriate to Consider Other
Subsidies
IX. Recommendation
[FR Doc. 2024-26175 Filed 11-8-24; 8:45 am]
BILLING CODE 3510-DS-P