[Federal Register Volume 84, Number 112 (Tuesday, June 11, 2019)]
[Notices]
[Pages 27081-27084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12285]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-051, C-570-052]
Certain Hardwood Plywood Products From the People's Republic of
China: Preliminary Affirmative Determination of Circumvention of the
Antidumping Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain hardwood plywood with face and back veneers of radiata
and/or agathis pine that: (1) Has a Toxic Substances Control Act (TSCA)
or California Air Resources Board (CARB) label certifying that it is
compliant with TSCA/CARB requirements; and (2) is made with a resin,
the majority of which is comprised of one or more of three product
types--urea formaldehyde, polyvinyl acetate, and/or soy--(inquiry
merchandise), exported from the People's Republic of China (China), is
circumventing the antidumping (AD) and countervailing duty (CVD) orders
on certain hardwood plywood products from China.
DATES: Applicable June 11, 2019.
FOR FURTHER INFORMATION CONTACT: Rachel Greenberg, or Hannah Falvey AD/
CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0652, or (202)
482-4889 respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 21, 2018, Commerce published in the Federal Register
the notice of initiation of this anti-
[[Page 27082]]
circumvention inquiry.\1\ For a complete description of the events that
followed the initiation of this inquiry, see the Preliminary Decision
Memorandum.\2\ A list of topics included in the Preliminary Decision
Memorandum is included at Appendix I to this notice. The Preliminary
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, and to all parties in the
Central Records Unit, Room B8024 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
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\1\ See Certain Hardwood Plywood Products from the People's
Republic of China: Initiation of Anti-Circumvention Inquiry on the
Antidumping Duty and Countervailing Duty Orders, 83 FR 47883
(September 21, 2018) (Initiation Notice).
\2\ See Memorandum, ``Preliminary Decision Memorandum for the
Anti-Circumvention Inquiry on the Antidumping and Countervailing
Duty Orders on Certain Hardwood Plywood Products from the People's
Republic of China,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Scope of the Orders
The products covered by the Orders are certain hardwood plywood
products.\3\ For a complete description of the scope of the Orders, see
the Preliminary Decision Memorandum.\4\
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\3\ See Certain Hardwood Plywood Products from the People's
Republic of China: Amended Final Determination of Sales at Less Than
Fair Value, and Antidumping Duty Order, 83 FR 504 (January 4, 2018)
and Certain Hardwood Plywood Products from the People's Republic of
China: Countervailing Duty Order, 82 FR 513 (January 4, 2018)
(collectively, Orders).
\4\ See Preliminary Decision Memorandum.
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Scope of the Anti-Circumvention Inquiry
This anti-circumvention inquiry covers certain plywood products
with face and back veneers of radiata and/or agathis pine that: (1)
TSCA or CARB label certifying that it is compliant with TSCA/CARB
requirements; and (2) is made with a resin, the majority of which is
comprised of one or more of the following three product types: Urea
formaldehyde, polyvinyl acetate, and/or soy exported from China. This
preliminary ruling applies to all shipments of inquiry merchandise on
or after the date of the initiation of this inquiry. Importers and
exporters of plywood from China with both outer veneers made of a
softwood species of wood (softwood plywood products), must certify that
the softwood plywood products do not meet all three of the following
criteria: (1) Have both outer veneers of radiata and/or agathis pine;
(2) are made with a resin, the majority of which is comprised of urea
formaldehyde, polyvinyl acetate, and/or soy; and (3) have a TSCA or
CARB label certifying that they are compliant with TSCA/CARB
requirements, as provided for in the certifications in the appendices
to this Federal Register notice.
Methodology
Commerce is conducting this anti-circumvention inquiry in
accordance with section 781(d) of the Act. For a full description of
the methodology underlying Commerce's preliminary determination, see
the Preliminary Decision Memorandum.
Preliminary Finding
As detailed in the Preliminary Decision Memorandum, we
preliminarily determine that the inquiry merchandise exported from
China is circumventing the Orders. As such, we preliminarily determine
that it is appropriate to include this merchandise within the Orders
and to instruct U.S. Customs and Border Protection (CBP) to suspend any
entries of inquiry merchandise from China that entered the United
States on or after the date of the initiation of this inquiry.
Suspension of Liquidation
In accordance with 19 CFR 351.225(l)(2), Commerce will direct CBP
to suspend liquidation and to require a cash deposit of estimated
duties on unliquidated entries of inquiry merchandise that were
entered, or withdrawn from warehouse, for consumption on or after
September 18, 2018, the date of initiation of the anti-circumvention
inquiry.
The suspension of liquidation instructions will remain in effect
until further notice. Commerce will instruct CBP to require AD cash
deposits equal to the China-wide rate of 182.90 percent and CVD cash
deposits equal to the rate established for the China all-others rate of
22.98 percent, unless the importer/exporter can certify to CBP that the
Chinese-origin inquiry merchandise was supplied by a Chinese
manufacturer with a company-specific separate rate. In that instance,
the cash deposit rate will be the rate of the Chinese inquiry
merchandise manufacturer that has its own rate.\5\
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\5\ See, e.g., Glycine from the People's Republic of China:
Preliminary Partial Affirmative Determination of Circumvention of
the Antidumping Duty Order and Initiation of Scope Inquiry, 77 FR
21532, 21535 (April 10, 2012), unchanged in Glycine from the
People's Republic of China: Final Partial Affirmative Determination
of Circumvention of the Antidumping Duty Order, 77 FR 73426
(December 10, 2012).
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Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last final verification report is
issued in this anti-circumvention inquiry, unless the Secretary alters
the time limit. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\6\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this anti-
circumvention inquiry are encouraged to submit with each argument: (1)
A statement of the issue; (2) a brief summary of the argument; and (3)
a table of authorities.
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\6\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined.
International Trade Commission Notification
Commerce, consistent with section 781(e) of the Act, has notified
the International Trade Commission (ITC) of this preliminary
determination to include the merchandise subject to this anti-
circumvention inquiry within the Orders. Pursuant to section 781(e) of
the Act, the ITC may request consultations concerning Commerce's
proposed inclusion of the inquiry merchandise. If, after consultations,
the ITC believes that a significant injury issue is presented by the
proposed inclusion, it will have 60 days from the date of notification
by Commerce to provide written advice.
[[Page 27083]]
Notification to Interested Parties
This determination is issued and published in accordance with
section 781(d) of the Act and 19 CFR 351.225(j).
Dated: June 4, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Scope of the Anti-Circumvention Inquiry
V. Analytical Framework for Later-Developed Merchandise Anti-
Circumvention Inquiry
VI. Analysis
VII. Additional Analysis
VIII. Anti-Circumvention Determination
IX. Certification Program
X. Recommendation
Appendix II
If an importer imports plywood from China with outer veneers
both made of softwood plywood, and claims that its softwood plywood
products produced in China do not meet all three of the following
criteria: (1) Have both outer veneers of radiata and/or agathis
pine; (2) are made with a resin, the majority of which is comprised
of urea formaldehyde, polyvinyl acetate, and/or soy; and (3) have a
Toxic Substances Control Act (TSCA) or California Air Resources
Board (CARB) label certifying that they are compliant with TSCA/CARB
requirements, then the importer is required to complete and maintain
the importer certification attached hereto as Appendix III.
The importer and exporter are required to maintain the exporter
certification attached hereto as Appendix IV. The importer
certification must be completed, signed, and dated at the time of
the entry of the plywood product. The exporter certification must be
completed, signed, and dated at the time of shipment of the relevant
entries. For shipments and/or entries on or after June 4, 2019, but
before the publication of this notice in the Federal Register, for
which certifications are required, importers and exporters should
complete the required certification within 30 days of the
publication of this notice in the Federal Register. The importer and
Chinese exporter are also required to maintain sufficient
documentation supporting their certifications. The importer will not
be required to submit the certifications or supporting documentation
to CBP as part of the entry process. However, the importer and the
exporter will be required to present the certifications and
supporting documentation to the Department of Commerce (Commerce)
and/or U.S. Customs and Border Protection (CBP), as applicable, upon
request by the respective agency. Additionally, the claims made in
the certifications and any supporting documentation are subject to
verification by Commerce and/or CBP. The importer and exporter are
required to maintain the certifications and supporting documentation
for the later of (1) a period of five years from the date of entry
or (2) a period of three years after the conclusion of any
litigation in United States courts regarding such entries. If it is
determined that the certification and/or documentation requirements
in a certification have not been met, Commerce intends to instruct
CBP to suspend, under the China Plywood orders (A-570-051, C-570-
052), all unliquidated entries for which these requirements were not
met and require the importer to post applicable antidumping duty
(AD) and countervailing duty (CVD) cash deposits equal to the rates
as determined by Commerce. Entries suspended under A-570-051 and C-
570-052 will be liquidated pursuant to applicable administrative
reviews of the China orders or through the automatic liquidation
process.
Appendix II
Importer Certification
I hereby certify that:
My name is {INSERT COMPANY OFFICIAL'S NAME{time} and I
am an official of {IMPORTING COMPANY{time} ;
This certification pertains to {INSERT ENTRY NUMBER(S),
ENTRY LINE NUMBER(S), AND PRODUCT CODE(S) REFERENCED ON ENTRY
SUMMARY{time} ;
I have direct personal knowledge of the facts regarding
the importation into the Customs territory of the United States of
the plywood with both outer veneers made of a softwood species of
wood (softwood plywood products) produced in the People's Republic
of China (China) that entered under entry number(s) {INSERT ENTRY
NUMBER(S){time} and are covered by this certification. ``Direct
personal knowledge'' for purposes of this certification refers to
facts in records maintained by the importing company in the normal
course of its business. The importer should have ``direct personal
knowledge'' of the importation of the product (e.g., the name of the
exporter) in its records;
I have personal knowledge of the facts regarding the
production of the imported softwood plywood products covered by this
certification. ``Personal knowledge'' for purposes of this
certification includes facts obtained from another party (e.g.,
correspondence received by the importer (or exporter) from the
producer regarding the materials used to produce the imported
softwood plywood products);
The softwood plywood products produced in China that
are covered by this certification are not subject to the orders on
certain hardwood plywood products from China because they do not
meet all three of the following criteria: (1) Have both outer
veneers of radiata and/or agathis pine; (2) are made with a resin,
the majority of which is comprised of urea formaldehyde, polyvinyl
acetate, and/or soy; and (3) have a Toxic Substances Control Act
(TSCA) or California Air Resources Board (CARB) label certifying
that they are compliant with TSCA/CARB requirements;
I understand that {INSERT IMPORTING COMPANY NAME{time}
is required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, mill certificates, productions
records, invoices, etc.) for the later of (1) a period of five years
from the date of entry or (2) a period of three years after the
conclusion of any litigation in the United States courts regarding
such entries;
I understand that {INSERT IMPORTING COMPANY NAME{time}
is required to provide this certification and supporting records,
upon request, to U.S. Customs and Border Protection (CBP) and/or the
Department of Commerce (Commerce);
I understand that {INSERT IMPORTING COMPANY NAME{time}
is required to maintain a copy of the Exporter's Certification for
the later of (1) a period of five years from the date of entry or
(2) a period of three years after the conclusion of any litigation
in United States courts regarding such entries;
I understand that {INSERT IMPORTING COMPANY NAME{time}
is required to maintain and provide a copy of the Exporter's
Certification and supporting records, upon request, to CBP and/or
Commerce;
I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
I understand that failure to maintain the required
certification and/or failure to substantiate the claims made herein
will result in:
[cir] Suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met, and
[cir] the requirement that the importer post applicable
antidumping duty (AD) and/or countervailing duty (CVD) cash deposits
(as appropriate) equal to the rates determined by Commerce;
I understand that agents of the importer, such as
brokers, are not permitted to make this certification;
This certification was completed at the time of filing
the entry summary for the relevant importation; and
I am aware that U.S. law (including, but not limited
to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who
knowingly and willfully make material false statements to the U.S.
government.
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NAME OF COMPANY OFFICIAL
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SIGNATURE
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Appendix IV
Exporter Certification
I hereby certify that:
My name is {INSERT COMPANY OFFICIAL'S NAME HERE{time}
and I am an official of {INSERT NAME OF EXPORTING COMPANY{time} ;
I have direct personal knowledge of the facts regarding
the production and exportation of the plywood with both outer
veneers made of a softwood species of wood (softwood plywood
products) identified below;
[[Page 27084]]
The softwood plywood products produced in China that
are covered by this certification are not subject to the orders on
certain hardwood plywood products from China because they do not
meet all three of the following criteria: (1) Have both outer
veneers of radiata and/or agathis pine; (2) are made with a resin,
the majority of which is comprised of urea formaldehyde, polyvinyl
acetate, and/or soy; and (3) have a Toxic Substances Control Act
(TSCA) or California Air Resources Board (CARB) label certifying
that they are compliant with TSCA/CARB requirements;
I understand that {INSERT NAME OF EXPORTING
COMPANY{time} is required to maintain a copy of this certification
and sufficient documentation supporting this certification for the
later of (1) a period of five years from the date of entry or (2) a
period of three years after the conclusion of any litigation in the
United States courts regarding such entries;
I understand that {INSERT NAME OF EXPORTING
COMPANY{time} must provide this Exporter Certification to the U.S.
importer at the time of shipment;
I understand that {INSERT NAME OF EXPORTING
COMPANY{time} is required to provide a copy of this certification
and supporting records, upon request, to U.S. Customs and Border
Protection (CBP) and/or the Department of Commerce (Commerce);
I understand that the claims made herein, and the
substantiating documentation are subject to verification by CBP and/
or Commerce;
I understand that failure to maintain the required
certification and/or failure to substantiate the claims made herein
will result in:
[cir] Suspension of all unliquidated entries (and entries for
which liquidation has not become final) for which these requirements
were not met and
[cir] the requirement that the importer post applicable
antidumping duty (AD) and countervailing duty (CVD) cash deposits
equal to the rates as determined by Commerce;
This certification was completed at or prior to the
time of shipment; and
I am aware that U.S. law (including, but not limited
to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who
knowingly and willfully make material false statements to the U.S.
government.
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NAME OF COMPANY OFFICIAL
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TITLE
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DATE
[FR Doc. 2019-12285 Filed 6-10-19; 8:45 am]
BILLING CODE 3510-DS-P