[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Notices]
[Pages 44862-44863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18450]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-051]
Hardwood Plywood Products From the People's Republic of China:
Initiation of Antidumping Duty New Shipper Review; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has determined that a
request for a new shipper review of the antidumping duty order on
hardwood plywood products from the People's Republic of China meets the
statutory and regulatory requirements for initiation. The period of
review for this new shipper review is January 1, 2019 through June 30,
2019.
DATES: Applicable August 27, 2019.
FOR FURTHER INFORMATION CONTACT: Jasun Moy, 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) 482-8194.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2018, Commerce published the antidumping duty order
on hardwood plywood products (plywood) from the People's Republic of
China (China).\1\ On July 30, 2019, Commerce received a timely new
shipper review (NSR) request from Xuzhou Constant Forest Industry Co.,
Ltd. (Constant Forest), in accordance with section 751(a)(2)(B)(i) of
the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(c).\2\
The deadline for the NSR initiation decision is August 30, 2019.
---------------------------------------------------------------------------
\1\ 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)
(Order).
\2\ See Constant Forest's Letter, ``Certain Hardwood Plywood
Products from the People's Republic of China--Request for New
Shipper Review,'' dated July 30, 2019.
---------------------------------------------------------------------------
In its submission, Constant Forest certified that it is both the
producer and exporter of the subject merchandise upon which the NSR
request is based.\3\ Pursuant to section 751(a)(2)(B)(i)(I) of the Act
and 19 CFR 351.214(b)(2)(i), Constant Forest certified that it did not
export plywood to the United States during the period of investigation
(POI).\4\ Additionally, pursuant to section 751(a)(2)(B)(i)(II) of the
Act and 19 CFR 351.214(b)(2)(iii)(A), Constant Forest certified that,
since the initiation of the investigation, it has never been affiliated
with any producer or exporter that exported plywood to the United
States during the POI, including those not individually examined during
the investigation.\5\ As required by 19 CFR 351.214(b)(2)(iii)(B),
Constant Forest also certified that its export activities were not
controlled by the Government of China.\6\ Constant Forest additionally
certified that it has had no subsequent shipments of subject
merchandise.\7\
---------------------------------------------------------------------------
\3\ Id. at Exhibit 1.
\4\ Id.
\5\ Id.
\6\ Id.
\7\ Id.
---------------------------------------------------------------------------
[[Page 44863]]
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Constant Forest submitted documentation
establishing the following: (1) The date on which the company first
shipped plywood for export to the United States and the date on which
the plywood was first entered, or withdrawn from warehouse, for
consumption; (2) the volume of its first shipment; and (3) the date of
its first sale to an unaffiliated customer in the United States.\8\
---------------------------------------------------------------------------
\8\ Id. at Exhibit 2.
---------------------------------------------------------------------------
Commerce conducted a query of the U.S. Customs and Border
Protection (CBP) database and confirmed that Constant Forest's shipment
of subject merchandise had entered the United States for consumption
and that liquidation of such entries had been properly suspended for
antidumping duties. The information that Commerce examined was
consistent with that provided by Constant Forest in its request. In
particular, the CBP data confirmed the price and quantity reported by
Constant Forest for the sale that forms the basis of this NSR request.
Commerce also confirmed by examining CBP data that Constant Forest's
entries were made during the period of review specified by Commerce's
regulations.\9\
---------------------------------------------------------------------------
\9\ See Memorandum, ``Release of U.S. Customs and Border
Protection Information,'' dated concurrently with this notice; see
also Memorandum, ``Initiation of Antidumping New Shipper Review:
Hardwood Plywood Products from the People's Republic of China,''
dated concurrently with this notice (NSR Initiation Checklist).
---------------------------------------------------------------------------
Period of Review
Pursuant to 19 CFR 351.214(c), an exporter or producer may request
an NSR within one year of the date on which its subject merchandise was
first entered. Further, 19 CFR 351.214(d)(1) states that Commerce will
initiate an NSR in the calendar month immediately following the
anniversary month or the semiannual anniversary month if the request
for review is made during the six-month period ending with the end of
the anniversary month or the semi-annual anniversary month, whichever
is applicable. In accordance with 19 CFR 351.214(g)(1)(i)(B), the
period of review (POR) for an NSR initiated in the month immediately
following the semiannual anniversary month will be the six-month period
immediately preceding the semi-annual anniversary month. Constant
Forest requested this NSR within one year of the date on which its
plywood was first entered, and the request was filed in July 2019,
which is the semiannual anniversary month of the Order. Therefore, the
POR for this NSR is January 1, 2019 through June 30, 2019.
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and
the information on the record, we find that the request from Constant
Forest meets the threshold requirements for the initiation of an NSR
for shipments of plywood from China produced and exported during the
POR by Constant Forest.\10\ However, if the information supplied by
Constant Forest is later found to be incorrect or insufficient during
the course of this proceeding, Commerce may rescind the review or apply
adverse facts available, pursuant to section 776 of the Act, depending
upon the facts on record. Unless extended, Commerce intends to issue
the preliminary results within 180 days from the date of initiation,
and the final results within 90 days from the issuance of the
preliminary results.\11\
---------------------------------------------------------------------------
\10\ See NSR Initiation Checklist.
\11\ See section 751(a)(2)(B)(iii) of the Act and 19 CFR
351.214(i).
---------------------------------------------------------------------------
It is our usual practice, in cases involving non-market economies,
to require that a company seeking to establish eligibility for an AD
rate separate from the country-wide rate (i.e., a separate rate)
provide evidence of de jure and de facto absence of government control
over the company's export activities.\12\ Accordingly, Commerce will
issue questionnaires to Constant Forest that will include a section
requesting information with regard to the company's export activities
for the purpose of establishing its eligibility for a separate rate.
The review will proceed if the response provides sufficient indication
that Constant Forest is not subject to either de jure or de facto
government control with respect to its exports of subject merchandise.
---------------------------------------------------------------------------
\12\ See Import Administration Policy Bulletin, Number: 05.1.
(http://ia.ita.doc.gov/policy/bull05-1.pdf).
---------------------------------------------------------------------------
We will conduct this new shipper review in accordance with section
751(a)(2)(B) of the Act, as amended by the Trade Facilitation and Trade
Enforcement Act of 2015.\13\
---------------------------------------------------------------------------
\13\ The Trade Facilitation and Trade Enforcement Act of 2015
removed from section 75l(a)(2)(B) of the Act the provision directing
Commerce to instruct Customs and Border Protection to allow an
importer the option of posting a bond or security in lieu of a cash
deposit during the pendency of a new shipper review.
---------------------------------------------------------------------------
Because Constant Forest certified that it produced and exported
subject merchandise, the sale of which is the basis for its request for
an NSR, we will instruct CBP to continue to suspend liquidation of all
entries of subject merchandise produced and exported by Constant
Forest.
To assist in its analysis of the bona fide nature of Constant
Forest's sales, upon initiation of this NSR, Commerce will require
Constant Forest to submit, on an ongoing basis, complete transaction
information concerning any sales of subject merchandise to the United
States that were made subsequent to the POR.
Interested parties requiring access to propietary information in
this proceeding should submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
19 CFR 351.306.
This initiation and notice are in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).
Dated: August 22, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2019-18450 Filed 8-26-19; 8:45 am]
BILLING CODE 3510-DS-P