[Federal Register Volume 84, Number 220 (Thursday, November 14, 2019)]
[Notices]
[Pages 61875-61877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24732]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-106]


Wooden Cabinets and Vanities and Components Thereof From the 
People's Republic of China: Amended Preliminary Determination of Sales 
at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is amending the 
preliminary determination of the less-than-fair-value investigation of 
wooden cabinets and vanities and components thereof (wooden cabinets 
and vanities) from the People's Republic of China (China) to correct 
significant ministerial errors.

DATES: Applicable November 14, 2019.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, Rachel Greenberg, or 
Eliza Siordia, 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-
2593, (202) 482-0652, or (202) 482-3878, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 9, 2019, Commerce published in the Federal Register the 
Preliminary Determination,\1\ and completed the disclosure of all 
calculation materials to interested parties. On October 8, 2019, MJB 
Supply (Dalian) Co., Ltd, Shouguang Honsoar Imp. & Exp. Trading Co., 
Ltd, and Nantong Ouming Wood Co., Ltd. (collectively, D&H SRA 
Companies), and Zhong Shan King Yuandun Wood Products Co., Ltd. (Zhong 
Shan) timely filed ministerial error allegations regarding the 
Preliminary Determination.\2\
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    \1\ See Wooden Cabinets and Vanities and Components Thereof from 
the People's Republic of China: Preliminary Affirmative 
Determination of Sales at Less than Fair Value, Postponement of 
Final Determination and Extension of Provisional Measures, 84 FR 
54106 (October 9, 2019) (Preliminary Determination), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See D&H SRA Companies' Letter, ``Wooden Cabinets and 
Vanities from the People's Republic of China: Ministerial Error 
Comments to Correct Spelling of Company Names,'' dated October 8, 
2019; see also Zhong Shan's Letter, ``Wooden Cabinets and Vanities 
and Components Thereof from the People's Republic of China: 
Ministerial Error Comments--Prelim Determination,'' dated October 8, 
2019.
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Period of Investigation

    The period of investigation is July 1, 2018 through December 31, 
2018.

Scope of Investigation

    The product covered by this investigation is wooden cabinets and 
vanities from China. For a complete description of the scope of this 
investigation, see the appendix to this notice.

Legal Authority

    Commerce will analyze any comments received and, if appropriate, 
correct any significant ministerial error by amending the preliminary 
determination according to 19 CFR 351.224(e). A ministerial error is 
defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or 
other arithmetic function, clerical error resulting from inaccurate 
copying, duplication, or the like, and any other similar type of 
unintentional error which the Secretary considers ministerial.'' \3\ A 
significant ministerial error is defined as a ministerial error, the 
correction of which, either singly or in combination with other errors, 
would result in: (1) A change of at least five absolute percentage 
points in, but not less than 25 percent of, the weighted-average 
dumping margin calculated in the original (erroneous) preliminary 
determination; or (2) a difference between a weighted-average dumping 
margin of zero or de minimis and a weighted-average dumping margin of 
greater than de minimis or vice versa.\4\
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    \3\ See also section 735(e) of the Tariff Act of 1930, as 
amended (the Act).
    \4\ See 19 CFR 351.224(g).
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Analysis of Ministerial Error Allegation

    On October 8, 2019, certain separate rate respondents submitted 
ministerial error allegations. The respondents claim that Commerce 
should have granted Zhong Shan a separate rate; that clerical errors 
were made with respect to the names of the producers for exporters MJB 
Supply (Dalian) Co., Ltd, and Shouguang Honsoar Imp. & Exp. Trading 
Co., Ltd; and an ``also known as'' company name for the exporter/
producer combination Nantong Ouming Wood Co., Ltd should have been 
included. Commerce has reviewed the record and finds that Zhong Shan's 
allegation is not ministerial in nature as the Preliminary 
Determination demonstrates our intent and our reasoning as to why Zhong 
Shan was not eligible for a separate rate.\5\ However, we do agree that 
we made certain clerical errors on the producer/

[[Page 61876]]

exporter list for separate rate recipients constituting significant 
ministerial errors within the meaning of 19 CFR 351.224(f) and (g).\6\ 
These errors are significant because the rate applicable to these 
separate rate respondents, as a result of the errors, is the China-wide 
rate of 262.18 percent, rather than the separate rate of 39.25 percent. 
The difference in these two rates exceeds the significant ministerial 
error threshold established in 19 CFR 351.224(g)(1) because correction 
of these errors results in a change of at least five absolute 
percentage points.
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    \5\ See Preliminary Determination PDM at 17-19.
    \6\ See Memorandum, ``Wooden Cabinets and Vanities and 
Components Thereof from the People's Republic of China: Ministerial 
Error Allegations in the Preliminary Determination,'' dated 
concurrently with this notice (Ministerial Error Memorandum).
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Amended Preliminary Determination

    Commerce preliminarily determines that the following amended 
weighted-average dumping margins exist for the period July 1, 2018 
through December 31, 2018:

 
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                                                                                Estimated      Cash deposit rate
                                                                            weighted  average    (adjusted for
                Exporter                              Producer                dumping margin   subsidy  offsets)
                                                                                (percent)           (percent)
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MJB Supply (Dalian) Co., Ltd............  Mulin City Bamiantong Linyeju                 39.25              28.71
                                           Jisen Wood.
Shouguang Honsoar Imp. & Exp. Trading     Shandong Honsoar Cabinet                      39.25              28.71
 Co., Ltd.                                 Materials Co., Ltd.
Nantong Ouming Wood Co., Ltd., also       Nantong Ouming Wood Co., Ltd.,                39.25              28.71
 known as Nantong Ouming Wood Industry     also known as Nantong Ouming
 Co., Ltd.                                 Wood Industry Co., Ltd.
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Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates calculated in this amended 
preliminary determination, in accordance with sections 733(d) and (f) 
of the Act, and 19 CFR 351.224. Because the rates are decreasing from 
the Preliminary Determination, the amended cash deposit rates will be 
effective retroactively to October 9, 2019, the date of publication of 
the Preliminary Determination. Parties will be notified of this 
determination, in accordance with sections 733(d) and (f) of the Act.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we will notify the 
International Trade Commission of our amended preliminary 
determination.

Notification to Interested Parties

    This amended preliminary determination is issued and published in 
accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 
351.224(e).

    Dated: November 6, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

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

[[Page 61877]]

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 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.

[FR Doc. 2019-24732 Filed 11-13-19; 8:45 am]
 BILLING CODE 3510-DS-P