[Federal Register Volume 83, Number 3 (Thursday, January 4, 2018)]
[Notices]
[Pages 513-516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28481]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-052]
Certain Hardwood Plywood Products From the People's Republic of
China: Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing the countervailing duty order on certain hardwood
plywood products (hardwood plywood) from the People's Republic of China
(China).
DATES: Applicable January 4, 2018.
FOR FURTHER INFORMATION CONTACT: Justin Neuman at (202) 482-0486, or
Matthew Renkey at (202) 482-2312, AD/CVD Operations, Office V,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (Act), on November 16, 2017, Commerce published its affirmative
final determination that countervailable subsidies are being provided
to producers and exporters of hardwood plywood from China.\1\ On
December 20, 2017, the ITC notified Commerce of its affirmative
determination that an industry in the United States is materially
injured within the meaning
[[Page 514]]
of section 705(b)(1)(A)(i) of the Act, by reason of subsidized imports
of subject merchandise from China.\2\
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\1\ See Countervailing Duty Investigation of Certain Hardwood
Plywood Products from the People's Republic of China: Final
Affirmative Determination, and Final Affirmative Critical
Circumstances Determination, in Part, 82 FR 53473 (November 16,
2017).
\2\ See Letter to Gary Taverman, Acting Assistant Secretary of
Commerce for Enforcement and Compliance, from Rhonda K. Schmidtlein,
Chairman of the U.S. International Trade Commission, regarding
certain hardwood plywood products from the People's Republic of
China (December 20, 2017) (ITC Letter).
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Scope of the Order
The scope of this order covers hardwood plywood from China. For a
complete description of the scope, see the Appendix to this notice.
Countervailing Duty Order
On December 20, 2017, in accordance with sections 705(b)(1)(A)(i)
and 705(d) of the Act, the ITC notified Commerce of its final
determination in this investigation, in which it found that an industry
in the United States is materially injured by reason of imports of
hardwood plywood from China.\3\ Therefore, in accordance with section
705(c)(2) of the Act, Commerce is issuing this countervailing duty
order. Because the ITC determined that imports of hardwood plywood from
China are materially injuring a U.S. industry, unliquidated entries of
such merchandise from China, entered or withdrawn from warehouse for
consumption, are subject to the assessment of countervailing duties.
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\3\ See ITC Letter.
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Therefore, in accordance with section 706(a) of the Act, Commerce
will direct U.S. Customs and Border Protection (CBP) to assess, upon
further instruction by Commerce, countervailing duties for all relevant
entries of hardwood plywood from China. Countervailing duties will be
assessed on unliquidated entries of hardwood plywood from China
entered, or withdrawn from warehouse, for consumption on or after April
25, 2017, the date of publication of the Preliminary Determination,\4\
but will not include entries occurring after the expiration of the
provisional measures period and before publication of the ITC's final
injury determination as further described below.
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\4\ See Certain Hardwood Plywood Products from the People's
Republic of China: Preliminary Affirmative Countervailing Duty
Determination, Preliminary Affirmative Critical Circumstances
Determination, in Part, and Alignment of Final Determination With
Final Antidumping Duty Determination, 82 FR 19022 (April 25, 2017).
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Suspension of Liquidation
In accordance with section 706 of the Act, Commerce will instruct
CBP to reinstitute the suspension of liquidation of hardwood plywood
from China. We will also instruct CBP to require, pursuant to section
706(a)(1) of the Act, countervailing duties for each entry of the
subject merchandise in an amount based on the net countervailable
subsidy rates for the subject merchandise. These instructions
suspending liquidation will remain in effect until further notice. The
all-others rate applies to all producers and exporters of subject
merchandise.
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Subsidy rate
Company (percent)
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Shandong Dongfang Bayley Wood Co., Ltd \5\.............. 194.90
Linyi Sanfortune Wood Co., Ltd.......................... 22.98
All-Others.............................................. 22.98
Anji Qichen Bamboo Industry Co. Ltd \6\................. 194.90
Deqing Shengqiang Wood Co., Ltd......................... 194.90
Guangxi Sunway Cen.Xi Artificial Board Ltd.............. 194.90
Guangxi Sunway Forest Products Industry Co., Ltd........ 194.90
Hebei Tongli Wood Co., Ltd.............................. 194.90
Heze Fulin Wood Products Co., Ltd....................... 194.90
Jiashan Minghong Wood Industry Co., Ltd................. 194.90
Jiaxing Brilliant Import & Export Co., Ltd.............. 194.90
Keens Products.......................................... 194.90
King Sheng.............................................. 194.90
Kunming Alston Ast Wood Products Co., Ltd............... 194.90
Langfang Baomujie Wood Co., Ltd......................... 194.90
Larkcop International Co., Ltd.......................... 194.90
Linyi Cathay Pacific Wood Factory....................... 194.90
Linyi Celtic Wood Co., Ltd.............................. 194.90
Linyi Dongri Plywood Co., Ltd........................... 194.90
Linyi Hongma............................................ 194.90
Linyi Jinhua Wood Co., Ltd.............................. 194.90
Linyi Kai Yi Arts and Crafts Co., Ltd................... 194.90
Linyi Laiyi Timber Industry Co., Ltd.................... 194.90
Linyi Lianyi Wood Co., Ltd.............................. 194.90
Linyi Raya Commerce..................................... 194.90
Linyi Yutai Wood Co., Ltd............................... 194.90
Lishui Liancheng Pencil Manufacturing Co., Ltd.......... 194.90
Mol Consolidation Service............................... 194.90
Ningbo Asia Pulp and Paper.............................. 194.90
Ningbo Zhonghua Paper................................... 194.90
Qiangsheng Wood Co., Ltd................................ 194.90
Qingdao Liansheng International Trading................. 194.90
Qufu Shengda Wood Co., Ltd.............................. 194.90
Shandong Fengtai Wood Co., Ltd.......................... 194.90
Shandong Hongyang Fire Resistant........................ 194.90
Shandong Xingang Group.................................. 194.90
Shanghai Sunshine Decorative Materials Co., Ltd......... 194.90
Shenghe Wood Company Ltd................................ 194.90
Shouguang Evergreen Im & Ex Co. Ltd \7\................. 194.90
Shouguang Taizhong Wood Co., Ltd........................ 194.90
Siyang Jiayuan Woodindustry Co., Ltd.................... 194.90
Siyang Senda Wood Industry Co., Ltd..................... 194.90
[[Page 515]]
Suqian Bairun Wood Industry Co., Ltd.................... 194.90
Suqian Foreign Trade Co., Ltd........................... 194.90
Suqian Sulu Wood Industry Co., Ltd \8\.................. 194.90
Suzbou Dong He Wood Co., Ltd............................ 194.90
Tianjin Canex........................................... 194.90
Tianjin Zhanye Metal Products Co., Ltd.................. 194.90
Xuzhou Fuyuan Wood Co., Ltd............................. 194.90
Xuzhou Hongwei Wood Co., Ltd............................ 194.90
Xuzhou Ruilin Timber Co., Ltd........................... 194.90
Xuzhou Shenghe Wood Products............................ 194.90
Xuzhou Woodhi Trading Co. Ltd........................... 194.90
Xuzhou Yishun Brightwood Co. Ltd........................ 194.90
Xuzhou Zhongda Building Materials Co., Ltd.............. 194.90
Xuzhou Zhongyuan Wood Co., Ltd.......................... 194.90
Yixing Lion-King Timber Industry Co., Ltd............... 194.90
Zhejiang Deqing Shengqiang Wood Co., Ltd................ 194.90
Zhejiang Fuerjia Wooden Company......................... 194.90
Zhejiang Jufeng Wood Co., Ltd........................... 194.90
Zhejiang Xinyuan Bamboo Products Co., Ltd............... 194.90
Zhejiang Yongyu Bamboo Joint-Stock Co., Ltd............. 194.90
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Provisional Measures
Section 703(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months. In the underlying investigation, Commerce
published the Preliminary Determination on April 25, 2017. As such, the
four-month period beginning on the date of the publication of the
Preliminary Determination ended on August 23, 2017. Furthermore,
section 707(b) of the Act states that definitive duties are to begin on
the date of publication of the ITC's final injury determination.
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\5\ As discussed in the Preliminary Determination, Commerce
found that Shandong Dongfang Bayley Wood Co., Ltd. (Bayley Wood) is
cross-owned with Linyi Yinhe Panel Factory (Yinhe Panel), a producer
of subject merchandise. Commerce is also applying Bayley Wood's rate
to Yinhe Panel.
\6\ This company and those listed below are receiving the AFA
rate because they did not respond to our quantity and value
questionnaire.
\7\ This company was listed as having the following two ``aka''
names: Shouguang Evergreen Co., Ltd. and Weifang Evergreen Wood Co.,
Ltd.
\8\ This company was listed as having the following ``aka''
name: Suqian Sulu Import and Export Trading.
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Therefore, in accordance with section 703(d) of the Act and our
practice, we instructed CBP to terminate the suspension of liquidation
and to liquidate, without regard to countervailing duties, unliquidated
entries of hardwood plywood from China entered, or withdrawn from
warehouse, for consumption, on or after August 23, 2017, the date the
provisional measures expired, until and through the day preceding the
date of publication of the ITC's final injury determination in the
Federal Register. Suspension of liquidation will resume on the date of
publication of the ITC's final determination in the Federal Register.
Notifications to Interested Parties
This notice constitutes the countervailing duty order with respect
to hardwood plywood from China pursuant to section 706(a) of the Act.
Interested parties can find a list of countervailing duty orders
currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
This order is issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: December 28, 2017.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
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.
[[Page 516]]
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 76690 (December 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 76693 (December 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 5484 (February 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;
(6) products made entirely from bamboo and adhesives (also known as
``solid bamboo''); and (7) Phenolic Film Faced Plyform (PFF), also
known as Phenolic Surface Film Plywood (PSF), defined as a panel
with an ``Exterior'' or ``Exposure 1'' bond classification as is
defined by The Engineered Wood Association, having an opaque
phenolic film layer with a weight equal to or greater than 90g/m3
permanently bonded on both the face and back veneers and an opaque,
moisture resistant coating applied to the edges.
Excluded from the scope of this investigation are wooden
furniture goods that, at the time of importation, are fully
assembled and are ready for their intended uses. Also excluded from
the scope of this investigation is ``ready to assemble'' (RTA)
furniture. RTA furniture is defined as (A) furniture packaged for
sale for ultimate purchase by an end-user that, at the time of
importation, includes (1) all wooden components (in finished form)
required to assemble a finished unit of furniture, (2) all accessory
parts (e.g., screws, washers, dowels, nails, handles, knobs,
adhesive glues) required to assemble a finished unit of furniture,
and (3) instructions providing guidance on the assembly of a
finished unit of furniture; (B) unassembled bathroom vanity
cabinets, having a space for one or more sinks, that are imported
with all unassembled hardwood and hardwood plywood components that
have been cut-to-final dimensional component shape/size, painted or
stained prior to importation, and stacked within a singled shipping
package, except for furniture feet which may be packed and shipped
separately; or (C) unassembled bathroom vanity linen closets that
are imported with all unassembled hardwood and hardwood plywood
components that have been cut-to-final dimensional shape/size,
painted or stained prior to importation, and stacked within a single
shipping package, except for furniture feet which may be packed and
shipped separately.
Excluded from the scope of this investigation are kitchen
cabinets that, at the time of importation, are fully assembled and
are ready for their intended uses. Also excluded from the scope of
this investigation are RTA kitchen cabinets. RTA kitchen cabinets
are defined as kitchen cabinets packaged for sale for ultimate
purchase by an end-user that, at the time of importation, includes
(1) all wooden components (in finished form) required to assemble a
finished unit of cabinetry, (2) all accessory parts (e.g., screws,
washers, dowels, nails, handles, knobs, hooks, adhesive glues)
required to assemble a finished unit of cabinetry, and (3)
instructions providing guidance on the assembly of a finished unit
of cabinetry.
Excluded from the scope of this investigation are finished table
tops, which are table tops imported in finished form with pre-cut or
drilled openings to attach the underframe or legs. The table tops
are ready for use at the time of import and require no further
finishing or processing.
Excluded from the scope of this investigation are finished
countertops that are imported in finished form and require no
further finishing or manufacturing.
Excluded from the scope of this investigation are laminated
veneer lumber door and window components with (1) a maximum width of
44 millimeters, a thickness from 30 millimeters to 72 millimeters,
and a length of less than 2413 millimeters (2) water boiling point
exterior adhesive, (3) a modulus of elasticity of 1,500,000 pounds
per square inch or higher, (4) finger-jointed or lap-jointed core
veneer with all layers oriented so that the grain is running
parallel or with no more than 3 dispersed layers of veneer oriented
with the grain running perpendicular to the other layers; and (5)
top layer machined with a curved edge and one or more profile
channels throughout.
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;
4412.31.0620; 4412.31.0640; 4412.31.0660; 4412.31.2510;
4412.31.2520; 4412.31.2610; 4412.31.2620; 4412.31.4040;
4412.31.4050; 4412.31.4060; 4412.31.4075; 4412.31.4080;
4412.31.4140; 4412.31.4150; 4412.31.4160; 4412.31.4180;
4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165;
4412.31.5175; 4412.31.5235; 4412.31.5255; 4412.31.5265;
4412.31.5275; 4412.31.6000; 4412.31.6100; 4412.31.9100;
4412.31.9200; 4412.32.0520; 4412.32.0540; 4412.32.0565;
4412.32.0570; 4412.32.0620; 4412.32.0640; 4412.32.0670;
4412.32.2510; 4412.32.2525; 4412.32.2530; 4412.32.2610;
4412.32.2630; 4412.32.3125; 4412.32.3135; 4412.32.3155;
4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.3235;
4412.32.3255; 4412.32.3265; 4412.32.3275; 4412.32.3285;
4412.32.5600; 4412.32.3235; 4412.32.3255; 4412.32.3265;
4412.32.3275; 4412.32.3285; 4412.32.5700; 4412.94.1030;
4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121;
4412.94.3141; 4412.94.3161; 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; 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 4412.99.6000; 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. 2017-28481 Filed 1-3-18; 8:45 am]
BILLING CODE 3510-DS-P