[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 57050-57052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23224]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-620 and 731-TA-1445 (Final)]


Wooden Cabinets and Vanities From China; Scheduling of the Final 
Phase of Countervailing Duty and Anti-Dumping Duty Investigations

AGENCY: United States International Trade Commission.

[[Page 57051]]


ACTION: Notice.

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SUMMARY:  The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-620 and 731-TA-1445 (Final) pursuant to the Tariff Act of 1930 
(``the Act'') to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of wooden cabinets and vanities from 
China, provided for in subheadings 9403.40.90, 9403.60.80, and 
9403.90.70 of the Harmonized Tariff Schedule of the United States, 
preliminarily determined by the Department of Commerce (``Commerce'') 
to be subsidized and sold at less-than-fair-value.

DATES:  October 9, 2019.

FOR FURTHER INFORMATION CONTACT:  Calvin Chang ((202) 205-3062) or 
Ahdia Bavari ((202) 205-3191), Office of Investigations, U.S. 
International Trade Commission, 500 E Street SW, Washington, DC 20436. 
Hearing-impaired persons can obtain information on this matter by 
contacting the Commission's TDD terminal on 202-205-1810. Persons with 
mobility impairments who will need special assistance in gaining access 
to the Commission should contact the Office of the Secretary at 202-
205-2000. General information concerning the Commission may also be 
obtained by accessing its internet server (https://www.usitc.gov). The 
public record for these investigations may be viewed on the 
Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: Scope.--For purposes of these 
investigations, Commerce has defined the subject merchandise as 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.
    (3) Non-wooden cabinet hardware components including metal hinges, 
brackets, catches, locks, drawer slides, fasteners (nails, screws, 
tacks, staples), handles, and knobs.
    (4) Medicine cabinets that meet all of the following five criteria 
are excluded from the scope: (1) Wall mounted; (2) assembled at the 
time of entry into the United States; (3) contain one or more mirrors; 
(4) be packaged for retail sale at time of entry; and (5) have a 
maximum depth of seven inches.
    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

[[Page 57052]]

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.
    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by Commerce that certain benefits which 
constitute subsidies within the meaning of section 703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters in China of wooden cabinets and vanities, and that such 
products are being sold in the United States at less than fair value 
within the meaning of section 733 of the Act (19 U.S.C. 1673b). The 
investigations were requested in petitions filed on March 6, 2019, by 
the American Kitchen Cabinet Alliance.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on February 
6, 2020, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on Thursday, 
February 20, 2020, at the U.S. International Trade Commission Building. 
Requests to appear at the hearing should be filed in writing with the 
Secretary to the Commission on or before February 14, 2020. A nonparty 
who has testimony that may aid the Commission's deliberations may 
request permission to present a short statement at the hearing. All 
parties and nonparties desiring to appear at the hearing and make oral 
presentations should participate in a prehearing conference to be held 
on February 18, 2020, at the U.S. International Trade Commission 
Building, if deemed necessary. Oral testimony and written materials to 
be submitted at the public hearing are governed by sections 
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties 
must submit any request to present a portion of their hearing testimony 
in camera no later than 7 business days prior to the date of the 
hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is February 13, 2020. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is February 27, 2020. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before February 27, 2020. On March 18, 2020, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before March 20, 2020, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's Handbook on Filing Procedures, 
available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the 
Commission's procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: October 21, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-23224 Filed 10-23-19; 8:45 am]
 BILLING CODE 7020-02-P