[Federal Register Volume 84, Number 155 (Monday, August 12, 2019)]
[Notices]
[Pages 39798-39801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17198]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-107]
Wooden Cabinets and Vanities and Components Thereof From the
People's Republic of China: Preliminary Affirmative Countervailing Duty
Determination, and Alignment of Final Determination With Final
Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of wooden cabinets and vanities and components thereof
(wooden cabinets and vanities) from the People's Republic of China
(China). The period of investigation is January 1, 2018 through
December 31, 2018. Interested parties
[[Page 39799]]
are invited to comment on this preliminary determination.
DATES: Applicable August 12, 2019.
FOR FURTHER INFORMATION CONTACT: Benito Ballesteros (Ancientree),
Christian Llinas (Dalian Meisen), or Justin Neuman (Rizhao Foremost),
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) 482-7425, (202) 482-
4877, and (202) 482-0486, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on April 2,
2019.\1\ On May 17, 2019, Commerce postponed the preliminary
determination of this investigation to August 5, 2019.\2\ For a
complete description of the events that followed the initiation of this
investigation, see the Preliminary Decision Memorandum.\3\ A list of
topics discussed in the Preliminary Decision Memorandum is included as
Appendix II 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
http://access.trade.gov, and is available 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 electronic versions of the Preliminary Decision Memorandum
are identical in content.
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\1\ See Wooden Cabinets and Vanities and Components Thereof from
the People's Republic of China: Initiation of Countervailing Duty
Investigation, 84 FR 12581 (April 2, 2019) (Initiation Notice).
\2\ See Countervailing Duty Investigation of Wooden Cabinets and
Vanities and Components Thereof from the People's Republic of China:
Postponement of Preliminary Determination, 84 FR 22437 (May 17,
2019).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the Countervailing Duty Investigation of Wooden
Cabinets and Vanities and Components Thereof 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 Investigation
The products covered by this investigation are wooden cabinets and
vanities from China. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. Commerce intends to issue its preliminary
decision regarding comments concerning the scope of the AD and CVD
investigations in the preliminary determination of the companion AD
investigation.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
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Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\6\
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\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that one or more respondents
did not act to the best of their ability to respond to Commerce's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\7\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memorandum.
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\7\ See sections 776(a) and (b) of the Act.
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Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final countervailing duty (CVD) determination in this
investigation with the final determination in the companion antidumping
duty (AD) investigation of wooden cabinets and vanities from China
based on a request made by the petitioner.\8\ Consequently, the final
CVD determination will be issued on the same date as the final AD
determination, which is currently scheduled to be issued no later than
December 16, 2019, unless postponed.
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\8\ See Letter from the petitioner, ``Wooden Cabinets and
Vanities and Components Thereof from the People's Republic of China:
Request to Align Countervailing Duty Investigation Final
Determination with Antidumping Duty Investigation Final
Determination,'' dated July 19, 2019.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
In this investigation, Commerce calculated estimated
countervailable subsidy rates individually for The Ancientree Cabinet
Company Co., Ltd. (Ancientree), Dalian Meisen Woodworking Co., Ltd.
(Dalian Meisen), and Rizhao Foremost Woodwork Manufacturing Company
Ltd. (Rizhao Foremost), that are not zero, de minimis, or based
entirely on facts otherwise available. As calculating the all-others
rate using a weighted-average of the estimated subsidy rates
individually calculated for the examined respondents would reveal each
company's business proprietary sales data, we are using a simple
average of the calculated subsidy rates to establish the all-others
rate.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
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\9\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Ancientree: Jiangsu Hongjia Wood Co., Ltd. (Jiangsu Hongjia) and
Shanghai Hongjia Wood Co., Ltd. (Shanghai Hongjia).
\10\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Dalian Meisen: Dalian Hechang Technology Development Co., Ltd.
(Dalian Hechang).
\11\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Rizhao Foremost: Foremost Worldwide Co., Ltd., and Rizhao Foremost
Landbridge Wood Industries Co., Ltd.
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Subsidy
Company rate
(percent)
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The Ancientree Cabinet Co., Ltd \9\......................... 10.97
Dalian Meisen Woodworking Co., Ltd \10\..................... 16.49
Rizhao Foremost Woodwork Manufacturing Company Ltd \11\..... 21.78
Henan AiDiJia Furniture Co., Ltd............................ 229.24
Deway International Trade Co., Ltd.......................... 229.24
All Others.................................................. 16.41
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[[Page 39800]]
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
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 verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
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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\12\ 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. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If the
final determination is affirmative, the ITC will determine before the
later of 120 days after the date of this preliminary determination or
45 days after the final determination, whether imports of the subject
merchandise are materially injuring, or threaten material injury to,
the U.S. industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: August 5, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise subject to this investigation consists of wooden
cabinets and vanities that are for permanent installation (including
floor mounted, wall mounted, ceiling hung or by attachment of
plumbing), and wooden components thereof. Wooden cabinets and
vanities and wooden components are made substantially of wood
products, including solid wood and engineered wood products
(including those made from wood particles, fibers, or other wooden
materials such as plywood, strand board, block board, particle
board, or fiberboard), or bamboo. Wooden cabinets and vanities
consist of a cabinet box (which typically includes a top, bottom,
sides, back, base blockers, ends/end panels, stretcher rails, toe
kicks, and/or shelves) and may or may not include a frame, door,
drawers and/or shelves. Subject merchandise includes wooden cabinets
and vanities with or without wood veneers, wood, paper or other
overlays, or laminates, with or without non-wood components or trim
such as metal, marble, glass, plastic, or other resins, whether or
not surface finished or unfinished, and whether or not completed.
Wooden cabinets and vanities are covered by the investigation
whether or not they are imported attached to, or in conjunction
with, faucets, metal plumbing, sinks and/or sink bowls, or
countertops. If wooden cabinets or vanities are imported attached
to, or in conjunction with, such merchandise, only the wooden
cabinet or vanity is covered by the scope.
Subject merchandise includes the following wooden component
parts of cabinets and vanities: (1) Wooden cabinet and vanity frames
(2) wooden cabinet and vanity boxes (which typically include a top,
bottom, sides, back, base blockers, ends/end panels, stretcher
rails, toe kicks, and/or shelves), (3) wooden cabinet or vanity
doors, (4) wooden cabinet or vanity drawers and drawer components
(which typically include sides, backs, bottoms, and faces), (5) back
panels and end panels, (6) and desks, shelves, and tables that are
attached to or incorporated in the subject merchandise.
Subject merchandise includes all unassembled, assembled and/or
``ready to assemble'' (RTA) wooden cabinets and vanities, also
commonly known as ``flat packs,'' except to the extent such
merchandise is already covered by the scope of antidumping and
countervailing duty orders on Hardwood Plywood from the People's
Republic of China. 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); Certain Hardwood Plywood Products from the People's
Republic of China: Countervailing Duty Order, 83 FR 513 (January 4,
2018). RTA wooden cabinets and vanities are defined as cabinets or
vanities packaged so that at the time of importation they may
include: (1) Wooden components required to assemble a cabinet or
vanity (including drawer faces and doors); and (2) parts (e.g.,
screws, washers, dowels, nails, handles, knobs, adhesive glues)
required to assemble a cabinet or vanity. RTAs may enter the United
States in one or in multiple packages.
Subject merchandise also includes wooden cabinets and vanities
and in-scope components that have been further processed in a third
country, including but not limited to one or more of the following:
Trimming, cutting, notching, punching, drilling, painting, staining,
finishing, assembly, 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.
Excluded from the scope of this investigation, if entered
separate from a wooden cabinet or vanity are:
(1) Aftermarket accessory items which may be added to or
installed into an interior of a cabinet and which are not considered
a structural or core component of a wooden cabinet or vanity.
Aftermarket accessory items may be made of wood, metal, plastic,
composite material, or a combination thereof that can be inserted
into a cabinet and which are utilized in the function of
organization/accessibility on the interior of a cabinet; and
include:
Inserts or dividers which are placed into drawer boxes
with the purpose of organizing or dividing the internal portion of
the drawer into multiple areas for the purpose of containing smaller
items such as cutlery, utensils, bathroom essentials, etc.
Round or oblong inserts that rotate internally in a
cabinet for the purpose of accessibility to foodstuffs, dishware,
general supplies, etc.
(2) Solid wooden accessories including corbels and rosettes,
which serve the primary purpose of decoration and personalization.
[[Page 39801]]
(3) Non-wooden cabinet hardware components including metal
hinges, brackets, catches, locks, drawer slides, fasteners (nails,
screws, tacks, staples), handles, and knobs.
Also excluded from the scope of this investigation are:
(1) All products covered by the scope of the antidumping duty
order on Wooden Bedroom Furniture from the People's Republic of
China. See Notice of Amended Final Determination of Sales at Less
Than Fair Value and Antidumping Duty Order: Wooden Bedroom Furniture
from the People's Republic of China, 70 FR 329 (January 4, 2005).
(2) All products covered by the scope of the antidumping and
countervailing duty orders on Hardwood Plywood from the People's
Republic of China. 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); Certain Hardwood Plywood Products from the People's
Republic of China: Countervailing Duty Order, 83 FR 513 (January 4,
2018).
Imports of subject merchandise are classified under Harmonized
Tariff Schedule of the United States (HTSUS) statistical numbers
9403.40.9060 and 9403.60.8081. The subject component parts of wooden
cabinets and vanities may be entered into the United States under
HTSUS statistical number 9403.90.7080. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of this investigation is
dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Injury Test
VII. Diversification of China's Economy
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Subsidies Valuation
X. Benchmarks and Interest Rates
XI. Analysis of Programs
XII. ITC Notification
XIII. Recommendation
[FR Doc. 2019-17198 Filed 8-9-19; 8:45 am]
BILLING CODE 3510-DS-P