[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91131-91136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30304]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-052]


Certain Hardwood Plywood Products From the People's Republic of 
China: Initiation of Countervailing Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Effective December 8, 2016.

FOR FURTHER INFORMATION CONTACT: Justin Neuman at (202) 482-0486, or 
Matthew Renkey at (202) 482-2312, AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

The Petition

    On November 18, 2016, the Department of Commerce (Department) 
received a countervailing duty (CVD) petition concerning imports of 
certain hardwood plywood products (hardwood plywood) from the People's 
Republic of China (PRC), filed in proper form on behalf of the 
Coalition for Fair Trade in Hardwood Plywood and its individual members 
(Petitioners).\1\
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    \1\ See the Petition for the Imposition of Antidumping and 
Countervailing Duties Pursuant to Sections 701 and 731 of the Tariff 
Act of 1930, as Amended, dated November 18, 2016 (Petition), at 
Volumes I and III. The members of the Coalition for Fair Trade in 
Hardwood Plywood are: Columbia Forest Products; Commonwealth Plywood 
Co., Ltd.; Murphy Plywood; Roseburg Forest Products Co.; States 
Industries LLC; and Timber Products Company.
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    On November 22, 2016, the Department requested additional 
information and clarification of certain areas of the Petition.\2\ 
Petitioners filed responses to these requests on November 29, 2016.\3\ 
On December 5, 2016, Far East America, Inc. (FEA), a U.S. importer of 
hardwood plywood, provided comments on domestic industry support for 
the Petitions and requested that the Department poll the domestic 
industry to determine industry support.\4\ We also received comments on 
industry support and a request to poll the domestic industry from 
Ashley Furniture Industries, Inc.; Heritage

[[Page 91132]]

Home Group, Inc.; and Standard Furniture Manufacturing Company, U.S. 
producers of wooden and upholstered furniture and wooden furniture 
parts, on December 5, 2016.\5\ On December 6, 2016, Petitioners 
provided a response to FEA's comments on industry support and provided 
further clarification regarding the scope.\6\ On December 7, 2016, 
Petitioners provided a response to the Furniture Producers' Letter.\7\ 
On December 7, 2016, the Government of the PRC provided comments on 
industry support and requested the Department poll the industry to 
determine industry support.\8\ In accordance with section 702(b)(1) of 
the Tariff Act of 1930, as amended (the Act), Petitioners allege that 
the Government of the PRC (GOC) is providing countervailable subsidies 
(within the meaning of sections 701 and 771(5) of the Act) with respect 
to imports of hardwood plywood from the PRC, and that imports of 
hardwood plywood from the PRC are materially injuring, or threaten 
material injury to, the domestic industry producing hardwood plywood in 
the United States. Also, consistent with section 702(b)(1) of the Act, 
for those alleged programs on which we are initiating a CVD 
investigation, the Petition is accompanied by information reasonably 
available to Petitioners supporting their allegations.
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    \2\ See Letters from the Department to Petitioners entitled, 
``Petitions for the Imposition of Antidumping and Countervailing 
Duties on Imports of Certain Hardwood Plywood Products from the 
People's Republic of China: Supplemental Questions,'' dated November 
22, 2016 (General Issues Supplemental Questionnaire) and ``Petitions 
for the Imposition of Antidumping and Countervailing Duties on 
Imports of Certain Hardwood Plywood Products from the People's 
Republic of China: Supplemental Questions,'' dated November 23, 2016 
(CVD Supplemental Questionnaire).
    \3\ See Letter from Petitioners to the Department entitled, 
``Certain Hardwood Plywood Products from the People's Republic of 
China: Response to the Department's November 22, 2016 Supplemental 
Questions Regarding Volume I of the Petition for the Imposition of 
Antidumping and Countervailing Duties,'' dated November 29, 2016 
(General Issues Supplement); see also Letter from Petitioners to the 
Department entitled, ``Certain Hardwood Plywood Products from the 
People's Republic of China: Response to the Department's November 
23, 2016 Supplemental Questions Regarding Volume III of the Petition 
for the Imposition of Countervailing Duties,'' dated November 29, 
2016 (CVD Supplemental Response).
    \4\ See Letter from FEA to the Department entitled, ``Hardwood 
Plywood Products from the People's Republic of China: Request for 
Polling,'' dated December 5, 2016 (FEA Letter).
    \5\ See Letter from Ashley Furniture Industries, Inc.; Heritage 
Home Group, Inc.; and Standard Furniture Manufacturing Company, Inc. 
to the Department entitled, ``Hardwood Plywood Products from the 
People's Republic of China: Challenge to Petition's Industry 
Support,'' dated December 5, 2016 (Furniture Producers' Letter).
    \6\ See Letter from Petitioners to the Department entitled, 
``Certain Hardwood Plywood Products from the People's Republic of 
China,'' dated December 6, 2016, (Petitioners' Revised Scope and 
Response to FEA Letter).
    \7\ See Letter from Petitioners to the Department entitled, 
``Certain Hardwood Plywood Products from the People's Republic of 
China: Petitioners' Response to Domestic Furniture Producers' 
December 5, 2016 Letter,'' dated December 7, 2016 (Petitioners' 
Response to Furniture Producers' Letter).
    \8\ See Memo to the File, dated December 7, 2016, which contains 
the GOC's industry support comments (GOC Comments).
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    The Department finds that Petitioners filed this Petition on behalf 
of the domestic industry because Petitioners are interested parties as 
defined in section 771(9)(C) and (F) of the Act. The Department also 
finds that Petitioners demonstrated sufficient industry support with 
respect to the initiation of the CVD investigation that Petitioners are 
requesting.\9\
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    \9\ See the ``Determination of Industry Support for the 
Petition'' section below.
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Period of Investigation

    Because the Petition was filed on November 18, 2016, pursuant to 19 
CFR 351.204(b)(2), the period of investigation is January 1, through 
December 31, 2015.

Scope of the Investigation

    The product covered by this investigation is hardwood plywood from 
the PRC. For a full description of the scope of this investigation, see 
the ``Scope of the Investigation,'' in Appendix I of this notice.

Comments on Scope of the Investigation

    During our review of the Petition, we issued questions to, and 
received responses from, Petitioners pertaining to the proposed scope 
to ensure that the scope language in the Petition would be an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\10\
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    \10\ See General Issues Supplemental Questionnaire; see also 
General Issues Supplement at 1-5; see also Petitioners' Revised 
Scope and Response to FEA Letter.
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    As discussed in the preamble to the Department's regulations,\11\ 
we are setting aside a period for interested parties to raise issues 
regarding product coverage (scope). The Department will consider all 
comments received from parties and, if necessary, will consult with 
parties prior to the issuance of the preliminary determination. If 
scope comments include factual information (see 19 CFR 351.102(b)(21)), 
all such factual information should be limited to public information. 
In order to facilitate preparation of its questionnaires, the 
Department requests all interested parties to submit such comments by 
5:00 p.m. Eastern Time (ET) on Wednesday, December 28, 2016. Any 
rebuttal comments, which may include factual information, must be filed 
by 5:00 p.m. ET on Monday, January 9, 2017.
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    \11\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997).
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    The Department requests that any factual information the parties 
consider relevant to the scope of the investigation be submitted during 
this time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party may contact the Department and 
request permission to submit the additional information. All such 
comments must also be filed on the record of the concurrent AD 
investigation.

Filing Requirements

    All submissions to the Department must be filed electronically 
using Enforcement & Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\12\ An electronically 
filed document must be received successfully in its entirety by the 
time and date when it is due. Documents excepted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement & Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, and stamped with the date and time of receipt by 
the applicable deadlines.
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    \12\ See 19 CFR 351.303 (describing general filing 
requirements); see also Antidumping and Countervailing Duty 
Proceedings: Electronic Filing Procedures; Administrative Protective 
Order Procedures, 76 FR 39263 (July 6, 2011) and Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of the Department's electronic 
filing requirements, which went into effect on August 5, 2011. 
Information on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https:// 
access.trade.gov/help/Handbook% 20on%20Electronic%20 
Filling%20Procedures.pdf.
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Consultations

    Pursuant to section 702(b)(4)(A)(i) of the Act, the Department 
notified representatives of the GOC of the receipt of the Petition. 
Also, in accordance with section 702(b)(4)(A)(ii) of the Act, the 
Department provided representatives of the GOC the opportunity for 
consultations with respect to the CVD petition.\13\ In response to the 
Department's letter, the GOC requested that consultations be held on 
December 16, 2016, which we note is after the initiation date.\14\
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    \13\ See Letter of invitation from the Department regarding, 
``Countervailing Duty Petition Certain Hardwood Plywood Products 
from the People's Republic of China,'' dated December 2, 2016.
    \14\ See Department Memorandum, ``Countervailing Duty Petition 
on Certain Hardwood Plywood Products from the People's Republic of 
China: GOC Consultations,'' dated December 7, 2016.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition

[[Page 91133]]

does not establish support of domestic producers or workers accounting 
for more than 50 percent of the total production of the domestic like 
product, the Department shall: (i) Poll the industry or rely on other 
information in order to determine if there is support for the petition, 
as required by subparagraph (A); or (ii) determine industry support 
using a statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product,\15\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, the Department's 
determination is subject to limitations of time and information. 
Although this may result in different definitions of the like product, 
such differences do not render the decision of either agency contrary 
to law.\16\
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    \15\ See section 771(10) of the Act.
    \16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
Petition).
    With regard to the domestic like product, Petitioners do not offer 
a definition of the domestic like product distinct from the scope of 
the investigation. Based on our analysis of the information submitted 
on the record, we have determined that hardwood plywood, as defined in 
the scope, constitutes a single domestic like product and we have 
analyzed industry support in terms of that domestic like product.\17\
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    \17\ For a discussion of the domestic like product analysis in 
this case, see Countervailing Duty Investigation Initiation 
Checklist: Certain Hardwood Plywood Products from the People's 
Republic of China (PRC CVD Initiation Checklist), at Attachment II, 
Analysis of Industry Support for the Antidumping and Countervailing 
Duty Petitions Covering Certain Hardwood Plywood Products from the 
People's Republic of China (Attachment II). This checklist is dated 
concurrently with this notice and on file electronically via ACCESS. 
Access to documents filed via ACCESS is also available in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building.
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    In determining whether Petitioners have standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in Appendix I of this 
notice. Petitioners provided their own production of the domestic like 
product in 2015. Petitioners also provided data from the Hardwood 
Plywood & Veneer Association (HPVA) to determine total 2015 production 
of the domestic like product by the entire domestic industry. To 
establish industry support, Petitioners compared their production to 
the total 2015 production of the domestic like product for the entire 
domestic industry.\18\ We relied on data Petitioners provided for 
purposes of measuring industry support.\19\
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    \18\ See Volume I of the Petition, at 3 and Exhibits I-3 and I-
8; see also General Issues Supplement, at 6-8 and Exhibit I-Supp-3.
    \19\ Id. For further discussion, see PRC CVD Initiation 
Checklist, at Attachment II.
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    On December 5, 2016, we received comments on industry support from 
FEA, a U.S. importer of the subject merchandise, and Ashley Furniture 
Industries, Inc.; Heritage Home Group, Inc.; and Standard Furniture 
Manufacturing Company, Inc., domestic producers of wooden and 
upholstered furniture and wooden furniture parts.\20\ Petitioners 
responded to these comments on December 6, 2016.\21\
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    \20\ See FEA Letter and Furniture Producers' Letter.
    \21\ See Petitioners' Revised Scope and Response to FEA Letter; 
see also Petitioners' Response to Furniture Producers' Letter.
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    Our review of the data provided in the Petition, General Issues 
Supplement, and other information readily available to the Department 
indicates that Petitioners have established industry support.\22\ 
First, the Petition established support from domestic producers (or 
workers) accounting for more than 50 percent of the total production of 
the domestic like product and, as such, the Department is not required 
to take further action in order to evaluate industry support (e.g., 
polling).\23\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 702(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petition account for at least 25 percent of the total production of the 
domestic like product.\24\ Finally, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) 
who support the Petition account for more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition.\25\ 
Accordingly, the Department determines that the Petition was filed on 
behalf of the domestic industry within the meaning of section 702(b)(1) 
of the Act.
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    \22\ See PRC CVD Initiation Checklist, at Attachment II.
    \23\ See section 702(c)(4)(D) of the Act; see also PRC CVD 
Initiation Checklist, at Attachment II.
    \24\ See PRC CVD Initiation Checklist, at Attachment II.
    \25\ Id.
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    The Department finds that Petitioners filed the Petition on behalf 
of the domestic industry because they are interested parties as defined 
in section 771(9)(C) and (F) of the Act and they have demonstrated 
sufficient industry support with respect to the CVD investigation that 
they are requesting the Department initiate.\26\
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    \26\ See PRC CVD Initiation Checklist, at Attachment II.
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Injury Test

    Because the PRC is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from the PRC materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    Petitioners allege that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, Petitioners allege 
that subject imports exceed the negligibility threshold provided for 
under section 771(24)(A) of the Act.\27\
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    \27\ See General Issues Supplement, at 8-9 and Exhibit I-Supp-5.
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    Petitioners contend that the industry's injured condition is 
illustrated by reduced market share; underselling and price suppression 
or depression; lost sales and revenues; and negative impact on the 
domestic industry's key indicators, including financial performance, 
production, shipments,

[[Page 91134]]

and capacity utilization.\28\ We have assessed the allegations and 
supporting evidence regarding material injury, threat of material 
injury, and causation, and we have determined that these allegations 
are properly supported by adequate evidence and meet the statutory 
requirements for initiation.\29\
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    \28\ See Volume I of the Petition, at 14-40 and Exhibits I-6 
through I-17; see also General Issues Supplement, at 1, 8-11 and 
Exhibits I-Supp-2, I-Supp-5, and I-Supp-6.
    \29\ See PRC CVD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Certain Hardwood Plywood Products from the People's 
Republic of China.
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Initiation of Countervailing Duty Investigation

    Section 702(b)(1) of the Act requires the Department to initiate a 
CVD investigation whenever an interested party files a CVD petition on 
behalf of an industry that: (1) Alleges elements necessary for an 
imposition of a duty under section 701(a) of the Act; and (2) is 
accompanied by information reasonably available to Petitioners 
supporting the allegations.
    Petitioners allege that producers/exporters of hardwood plywood in 
the PRC benefit from countervailable subsidies bestowed by the GOC. The 
Department examined the Petition and finds that it complies with the 
requirements of section 702(b)(1) of the Act. Therefore, in accordance 
with section 702(b)(1) of the Act, we are initiating a CVD 
investigation to determine whether manufacturers, producers, or 
exporters of hardwood plywood from the PRC receive countervailable 
subsidies from the GOC and various authorities thereof.
    On June 29, 2015, the President of the United States signed into 
law the Trade Preferences Extension Act of 2015, which made numerous 
amendments to the AD and CVD law.\30\ The 2015 law does not specify 
dates of application for those amendments. On August 6, 2015, the 
Department published an interpretative rule, in which it announced the 
applicability dates for each amendment to the Act, except for 
amendments contained in section 771(7) of the Act, which relate to 
determinations of material injury by the ITC.\31\ The amendments to 
sections 776 and 782 of the Act are applicable to all determinations 
made on or after August 6, 2015, and, therefore, apply to this CVD 
investigation.\32\
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    \30\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
    \31\ See Dates of Application of Amendments to the Antidumping 
and Countervailing Duty Laws Made by the Trade Preferences Extension 
Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice). 
The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
    \32\ Id., at 46794-95.
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    Based on our review of the petition, we find that there is 
sufficient information to initiate a CVD investigation on 31 of the 33 
alleged programs in the PRC. For a full discussion of the basis for our 
decision to initiate on each program, see the PRC CVD Initiation 
Checklist. A public version of the initiation checklist for this 
investigation is available on ACCESS.
    In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 65 days after the date of this initiation.

Respondent Selection

    The Department normally selects respondents in a CVD investigation 
using CBP entry data. However, for this investigation, the HTSUS 
numbers the subject merchandise would enter under are basket categories 
containing many products unrelated to hardwood plywood, and the 
reported entry data contain differing units of quantity. Therefore, we 
cannot rely on CBP entry data in selecting respondents. Instead, for 
this investigation, the Department will request quantity and value 
(Q&V) information from known exporters and producers identified, with 
complete contact information, in the Petition. In addition, the 
Department will post the Q&V questionnaire along with filing 
instructions on the Enforcement and Compliance Web site at http://www.trade.gov/enforcement/news.asp.
    Producers/exporters of hardwood plywood from the PRC that do not 
receive Q&V questionnaires by mail may still submit a response to the 
Q&V questionnaire and can obtain a copy from the Enforcement & 
Compliance Web site. The Q&V response must be submitted by the relevant 
PRC exporters/producers no later than December 22, 2016. All Q&V 
responses must be filed electronically via ACCESS.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOC via ACCESS. Because of the particularly large 
number of producers/exporters identified in the Petition, the 
Department considers the service of the public version of the Petition 
to the foreign producers/exporters satisfied by delivery of the public 
version to the government of the PRC, consistent with 19 CFR 
351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of hardwood plywood from the PRC are materially 
injuring, or threatening material injury to, a U.S. industry.\33\ A 
negative ITC determination will result in the investigation being 
terminated; \34\ otherwise, this investigation will proceed according 
to statutory and regulatory time limits.
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    \33\ See section 703(a)(2) of the Act.
    \34\ See section 703(a)(1) of the Act.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by the Department; and (v) evidence other than 
factual information described in (i)-(iv). The regulation requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. Time limits for the 
submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Parties should review the regulations 
prior to submitting factual information in this investigation.

Extension of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301 expires. For submissions 
that are due from multiple parties simultaneously,

[[Page 91135]]

an extension request will be considered untimely if it is filed after 
10:00 a.m. on the due date. Under certain circumstances, we may elect 
to specify a different time limit by which extension requests will be 
considered untimely for submissions which are due from multiple parties 
simultaneously. In such a case, we will inform parties in the letter or 
memorandum setting forth the deadline (including a specified time) by 
which extension requests must be filed to be considered timely. An 
extension request must be made in a separate, stand-alone submission; 
under limited circumstances we will grant untimely-filed requests for 
the extension of time limits. Review Extension of Time Limits; Final 
Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to 
submitting factual information in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\35\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives. Investigations initiated on the basis of petitions 
filed on or after August 16, 2013, and other segments of any AD or CVD 
proceedings initiated on or after August 16, 2013, should use the 
formats for the revised certifications provided at the end of the Final 
Rule.\36\ The Department intends to reject factual submissions if the 
submitting party does not comply with the applicable revised 
certification requirements.
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    \35\ See section 782(b) of the Act.
    \36\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, the 
Department published Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008). Parties wishing to participate in this investigation should 
ensure that they meet the requirements of these procedures (e.g., the 
filing of letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act.

    Dated: December 8, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I--Scope of the Investigation

    The merchandise subject to this investigation is hardwood and 
decorative plywood, and certain veneered panels as described below. 
For purposes of this proceeding, hardwood and decorative plywood is 
defined as a generally flat, multilayered plywood or other veneered 
panel, consisting of two or more layers or plies of wood veneers and 
a core, with the face and/or back veneer made of non-coniferous wood 
(hardwood) or bamboo. The veneers, along with the core may be glued 
or otherwise bonded together. Hardwood and decorative plywood may 
include products that meet the American National Standard for 
Hardwood and Decorative Plywood, ANSI/HPVA HP-1-2016 (including any 
revisions to that standard).
    For purposes of this investigation a ``veneer'' is a slice of 
wood regardless of thickness which is cut, sliced or sawed from a 
log, bolt, or flitch. The face and back veneers are the outermost 
veneer of wood on either side of the core irrespective of additional 
surface coatings or covers as described below.
    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 hardwood, softwood, 
particleboard, or medium-density fiberboard (``MDF'').
    All hardwood plywood is included within the scope of this 
investigation regardless of whether or not the face and/or back 
veneers are surface coated or covered and whether or not such 
surface coating(s) or covers obscures the grain, textures, or 
markings of the wood. Examples of surface coatings and covers 
include, but are not limited to: Ultra-violet light cured 
polyurethanes; oil or oil-modified or water based polyurethanes; 
wax; epoxy-ester finishes; moisture-cured urethanes; paints; stains; 
paper; aluminum; high pressure laminate; MDF; medium density overlay 
(``MDO''); and phenolic film. Additionally, the face veneer of 
hardwood plywood may be sanded; smoothed or given a ``distressed'' 
appearance through such methods as hand-scraping or wire brushing. 
All hardwood plywood is included within the scope even if it is 
trimmed; cut-to-size; notched; punched; drilled; or has underwent 
other forms of minor processing.
    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).
    Subject merchandise also includes hardwood and decorative 
plywood that has been further processed in a third country, 
including but not limited to trimming, cutting, notching, punching, 
drilling, or any other processing that would not otherwise remove 
the merchandise from the scope of the investigation if performed in 
the country of manufacture of the in-scope product.
    The scope of the investigation excludes the following items: (1) 
Structural plywood (also known as ``industrial plywood'' or 
``industrial panels'') that is manufactured to meet U.S. Products 
Standard PS 1-09, PS 2-09, or PS 2-10 for Structural Plywood 
(including any revisions to that standard or any substantially 
equivalent international standard intended for structural plywood), 
and which has both a face and a back veneer of coniferous wood; (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. See Multilayered Wood Flooring from the 
People's Republic of China, 76 FR 76,690 (Dec. 8, 2011) (amended 
final determination of sales at less than fair value and antidumping 
duty order), and Multilayered Wood Flooring from the People's 
Republic of China, 76 FR 76.693 (Dec. 8, 2011) (countervailing duty 
order), as amended by Multilayered Wood Flooring from the People's 
Republic of China: Amended Antidumping and Countervailing Duty 
Orders, 77 FR 5,484 (Feb. 3, 2012); (4) multilayered wood flooring 
with a face veneer of bamboo or composed entirely of bamboo; (5) 
plywood which has a shape or design other than a flat panel, with 
the exception of any minor processing described above; and (6) 
products made entirely from bamboo and adhesives (also known as 
``solid bamboo'').
    Imports of hardwood plywood are primarily entered under the 
following Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 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; 4412.31.4075; 4412.31.4080; 4412.31.5125; 
4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.5175; 
4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540; 
4412.32.0565; 4412.32.0570; 4412.32.2510; 4412.32.2525; 
4412.32.2530; 4412.32.3125; 4412.32.3135; 4412.32.3155; 
4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.5600; 
4412.94.1030; 4412.94.1050; 4412.94.3105; 4412.94.3111; 
4412.94.3121; 4412.94.3131; 4412.94.3141; 4412.94.3160; 
4412.94.3161; 4412.94.3171; 4412.94.3175; 4412.94.4100; 
4412.99.0600; 4412.99.1020; 4412.99.1030; 4412.99.1040; 
4412.99.3110; 4412.99.3120; 4412.99.3130;9 4412.99.3140; 
4412.99.3150; 4412.99.3160; 4412.99.3170; 4412.99.4100; 
4412.99.5115; and 4412.99.5710.
    Imports of hardwood plywood may also enter under HTSUS 
subheadings 4412.39.1000; 4412.39.3000; 4412.39.4011; 4412.39.4012; 
4412.39.4019; 4412.39.4031;

[[Page 91136]]

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; 4412.99.6000; 
4412.99.7000; 4412.99.8000; 4412.99.9000; 4412.10.9000; 
4412.94.5100; 4412.94.9500; and 4412.99.9500. While the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of this investigation is 
dispositive.

[FR Doc. 2016-30304 Filed 12-15-16; 8:45 am]
 BILLING CODE 3510-DS-P