[Federal Register Volume 78, Number 118 (Wednesday, June 19, 2013)]
[Notices]
[Pages 36791-36792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14525]



[[Page 36791]]

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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-490 and 731-TA-1204 (Final)]


Hardwood Plywood From China; Institution of Antidumping and 
Countervailing Duty Investigations and Scheduling of Final Phase 
Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase for antidumping and countervailing duty investigations Nos. 
701-TA-490 and 731-TA-1204 (Final) under sections 705(b) and 735(b) of 
the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)) (the Act) to 
determine whether an industry in the United States is materially 
injured or threatened with material injury, or the establishment of an 
industry in the United States is materially retarded, by reason of 
imports from China of hardwood plywood, provided for in subheadings 
4412.10; 4412.31; 4412.32; 4412.39; 4412.94; and 4412.99 of the 
Harmonized Tariff Schedule of the United States, that are sold in the 
United States at less than fair value and subsidized by the Government 
of China.\1\
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    \1\ The merchandise subject to these investigations are hardwood 
and decorative plywood. ``Hardwood and decorative plywood is a flat 
panel composed of an assembly of two or more layers or plies of wood 
veneers in combination with a core. The veneers, along with the 
core, are glued or otherwise bonded together to form a finished 
product. A hardwood and decorative plywood panel must have face and 
back veneers which are composed of one or more species of hardwoods, 
softwoods, or bamboo. Hardwood and decorative plywood may include 
products that meet the American National Standard for Hardwood and 
Decorative Plywood, ANSI/HPVA HP-1-2009.
    All hardwood and decorative plywood is included within the scope 
of this investigation, without regard to dimension (overall 
thickness, thickness of face veneer, thickness of back veneer, 
thickness of core, thickness of inner veneers, width, or length). 
However, the most common panel sizes of hardwood and decorative 
plywood are 1219 x 1829 mm (48 x 72 inches), 1219 x 2438 mm (48 x 96 
inches), and 1219 x 3048 mm (48 x 120 inches).
    A ``veneer'' is a thin slice of wood which is rotary cut, sliced 
or sawed from a log, bolt or flitch. The face veneer is the exposed 
veneer of a hardwood and decorative plywood product which is of a 
superior grade than that of the back veneer, which is the other 
exposed veneer of the product (i.e., as opposed to the inner 
veneers). When the two exposed veneers are of equal grade, either 
one can be considered the face or back veneer. For products that are 
entirely composed of veneer, such as Veneer Core Platforms, the 
exposed veneers are to be considered the face and back veneers, in 
accordance with the descriptions above. The core of hardwood and 
decorative plywood consists of the layer or layers of one or more 
material(s) that are situated between the face and back veneers.
    The core may be composed of a range of materials, including but 
not limited to veneers, particleboard, and medium-density fiberboard 
(``MDF'').
    All hardwood and decorative plywood is included within the scope 
of this investigation regardless of whether or not the face and/or 
back veneers are surface coated, unless the surface coating obscures 
the grain, texture or markings of the wood. Examples of surface 
coatings which may not obscure the grain, texture or markings of the 
wood include, but are not limited to, ultra-violet light cured 
polyurethanes, oil or oil-modified or water based polyurethanes, 
wax, epoxy-ester finishes, and moisture-cured urethanes. Hardwood 
and decorative plywood that has face and/or back veneers which have 
an opaque surface coating which obscures the grain, texture or 
markings of the wood, are not included within the scope of this 
investigation. Examples of surface coatings which may obscure the 
grain, texture or markings of wood include, but are not limited to, 
paper, aluminum, high pressure laminate (``HPL''), MDF, medium 
density overlay (``MDO''), and phenolic film). Additionally, the 
face veneer of hardwood and decorative plywood may be sanded, 
smoothed or given a ``distressed'' appearance through such methods 
as hand-scraping or wire brushing. The face veneer may be stained.
    The scope of the investigation excludes the following items: (1) 
Structural plywood (also known as ``industrial plywood'' or 
``industrial panels'') that is manufactured and stamped to meet U.S. 
Products Standard PS 1-09 for Structural Plywood (including any 
revisions to that standard or any substantially equivalent 
international standard intended for structural plywood), including 
but not limited to the ``bond performance'' requirements set forth 
at paragraph 5.8.6.4 of that Standard and the performance criteria 
detailed at Table 4 through 10 of that Standard; (2) products which 
have a face and back veneer of cork; (3) multilayered wood flooring, 
as described in the antidumping duty and countervailing duty orders 
on Multilayered Wood Flooring from the People's Republic of China, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce Investigation Nos. A-570-970 and C-570-971 
(published December 8, 2011); (4) plywood which has a shape or 
design other than a flat panel.
    Imports of the subject merchandise are provided for under the 
following subheadings of the Harmonized Tariff Schedule of the 
United States (``HTSUS''): 4412.10.0500; 4412.31.0520; 4412.31.0540; 
4412.31.0560; 4412.31.2510; 4412.31.2520; 4412.31.4040; 
4412.31.4050; 4412.31.4060; 4412.31.4070; 4412.31.5135; 
4412.31.5155; 4412.31.5165; 4412.31.5175; 4412.31.6000; 
4412.31.9100; 4412.32.0520; 4412.32.0540; 4412.32.0560; 
4412.32.2510; 4412.32.2520; 4412.32.3135; 4412.32.3155; 
4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.5600; 
4412.39.1000; 4412.39.3000; 4412.39.4011; 4412.39.4012; 
4412.39.4019; 4412.39.4031; 4412.39.4032; 4412.39.4039; 
4412.39.4051; 4412.39.4052; 4412.39.4059; 4412.39.4061; 
4412.39.4062; 4412.39.4069; 4412.39.5010; 4412.39.5030; 
4412.39.5050; 4412.94.1030; 4412.94.1050; 4412.94.3111; 
4412.94.3121; 4412.94.3131; 4412.94.3141; 4412.94.3160; 
4412.94.3171; 4412.94.4100; 4412.94.6000; 4412.94.7000; 
4412.94.8000; 4412.94.9000; 4412.99.0600; 4412.99.1020; 
4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120; 
4412.99.3130; 4412.99.3140; 4412.99.3150; 4412.99.3160; 
4412.99.3170; 4412.99.4100; 4412.99.5710; 4412.99.6000; 
4412.99.7000; 4412.99.8000; 4412.99.9000; 4412.10.9000; 
4412.31.4080; 4412.32.0570; 4412.32.2530; 4412.94.5100; 
4412.94.9500; 4412.99.5115; and 4412.99.9500. While HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the subject merchandise as set forth herein 
is dispositive.'' 78FR 25946, May 3, 2013.
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

DATES: Effective June 11, 2013.

FOR FURTHER INFORMATION CONTACT: Fred Ruggles (202-205-3187 or 
[email protected]), Office of Investigations, U.S. International 
Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-
impaired persons can obtain information on this matter by contacting 
the Commission's TDD terminal on 202-205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at 202-205-2000. 
General information concerning the Commission may also be obtained by 
accessing its internet server (http://www.usitc.gov). The public record 
for these investigations may be viewed on the Commission's electronic 
docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--The final phase of these investigations is being 
scheduled as a result of affirmative preliminary determinations by the 
Department of Commerce that certain benefits which constitute subsidies 
within the meaning of section 703 of the Act (19 U.S.C. 1671b) are 
being provided to manufacturers, producers, or exporters in China of 
hardwood plywood, and that such products are being sold in the United 
States at less than fair value within the meaning of section 733 of the 
Act (19 U.S.C. 1673b). These investigations were instituted in response 
to a petition filed on September 27, 2012, by Columbia Forest Products, 
Greensboro, NC; Commonwealth Plywood Co., Ltd., Whitehall, NY; Murphy 
Plywood, Eugene, OR; Roseburg Forest Products Co., Roseburg, OR; States 
Industries LLC, Eugene, OR; and Timber Products Company, Springfield, 
OR combined as The Coalition for Fair Trade of Hardwood Plywood.
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an

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entry of appearance with the Secretary to the Commission, as provided 
in section 201.11 of the Commission's rules, no later than 21 days 
prior to the hearing date specified in this notice. A party that filed 
a notice of appearance during the preliminary phase of the 
investigations need not file an additional notice of appearance during 
this final phase. The Secretary will maintain a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigation.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on 
September 4, 2013, and a public version will be issued thereafter, 
pursuant to section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on September 
19, 2013, at the U.S. International Trade Commission Building. Requests 
to appear at the hearing should be filed in writing with the Secretary 
to the Commission on or before September 16, 2013. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on September 17, 2013, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by sections 201.6(b)(2), 201.13(f), and 
207.24 of the Commission's rules. Parties must submit any request to 
present a portion of their hearing testimony in camera no later than 7 
business days prior to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commissions rules; 
the deadline for filing is September 11, 2013. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in section 207.24 of the Commissions rules, and posthearing 
briefs, which must conform with the provisions of section 207.25 of the 
Commissions rules. The deadline for filing posthearing briefs is 
September 25, 2013. In addition, any person who has not entered an 
appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before September 25, 2013. On October 18, 2013, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before October 22, 2013, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commissions rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commissions rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commissions rules. Please be aware that the Commission's rules with 
respect to electronic filing have been amended. The amendments took 
effect on November 7, 2011. See 76 Fed. Reg. 61937 (Oct. 6, 2011) and 
the newly revised Commission's Handbook on E-Filing, available on the 
Commission's Web site at http://edis.usitc.gov.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commissions rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commissions 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.


    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commissions rules.

     Issued: June 13, 2013.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-14525 Filed 6-18-13; 8:45 am]
BILLING CODE 7020-02-P