[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Notices]
[Pages 65783-65785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25889]


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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: Affirmative Final Determination of Circumvention of the 
Antidumping and Countervailing Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that certain 
plywood products with face and back veneers of radiata and/or agathis 
pine that: (1) Have a Toxic Substances Control Act (TSCA) or California 
Air Resources Board (CARB) label certifying that it is compliant with 
TSCA/CARB requirements; and (2) are 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), exported from the 
People's Republic of China (China), are circumventing the antidumping 
duty (AD) and countervailing duty (CVD) orders on certain hardwood 
plywood products from China.

DATES: Effective Date: Applicable November 29, 2019.

FOR FURTHER INFORMATION CONTACT: Rachel Greenberg or Nicolas Mayora, 
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) 
482-3053, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Determination on June 11, 
2019.\1\ A summary of the events that occurred since Commerce published 
the Preliminary Determination may be found in the Issues and Decision 
Memorandum.\2\
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    \1\ See Certain Hardwood Plywood Products from the People's 
Republic of China: Preliminary Affirmative Determination of 
Circumvention of the Antidumping Duty and Countervailing Duty 
Orders, 84 FR 27081 (June 11, 2019) (Preliminary Determination).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination of the Anti-Circumvention Inquiry: Certain 
Hardwood Plywood Products from the People's Republic of China,'' 
dated concurrently with, and hereby adopted by this notice (Issues 
and 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) 
Have a TSCA or CARB label certifying that it is compliant with TSCA/
CARB requirements; and (2) are 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. Such 
merchandise is referred to as ``inquiry merchandise.'' This 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 in the certifications in the appendices to this Federal 
Register notice.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues raised, and to 
which we respond in the Issues and Decision Memorandum, is attached in 
Appendix I to this notice. The Issues and 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 Issues and Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/. The 
signed Issues and Decision Memorandum and the electronic version of the 
Issues and Decision Memorandum are identical in content.

Final Affirmative Determination of Circumvention

    As detailed in the Issues and Decision Memorandum, we determine 
that the inquiry merchandise exported from

[[Page 65784]]

China is circumventing the Orders.\3\ As such, we determine that it is 
appropriate to include this merchandise within the Orders and to 
continue 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.
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    \3\ See Certain Hardwood Plywood from the People's Republic of 
China: Amended Final Determination of Sales at Less Than Fair Value, 
and Antidumping Order, 83 FR 504 (January 4, 2018) and Certain 
Hardwood Plywood from the People's Republic of China: Countervailing 
Duty Order, 83 FR 513 (January 4, 2018) (collectively, Orders).
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Suspension of Liquidation

    In accordance with 19 CFR 351.225(1)(3), Commerce will direct U.S. 
Customs and Border Protection (CBP) to continue to suspend liquidation 
of inquiry merchandise (regardless of producer, exporter, or importer) 
entered or withdrawn from warehouse for consumption on or after 
September 18, 2018, the date of publication of the initiation of this 
inquiry, until appropriate liquidation instructions are issued.\4\ 
Commerce will also instruct CBP to continue to require a cash deposit 
of estimated duties at the rate applicable to the exporter on all 
unliquidated entries of inquiry merchandise entered, or withdrawn from 
warehouse, for consumption on or after September 18, 2018.
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    \4\ See Certain Hardwood Plywood Products from the People's 
Republic of China: Initiation of Anti-Circumvention Inquiry on the 
Antidumping Duty and Countervailing Orders, 83 FR 47883 (September 
21, 2018).
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Notification to Interested Parties

    This affirmative anti-circumvention determination is published in 
accordance with section 781(d) of the Act and 19 CFR 351.225.

    Dated: November 22, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Anti-Circumvention Inquiry
IV. Discussion of the Issues
V. 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. 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 III

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;\1\ 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;
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    \1\ Documentation should demonstrate that your resin is not 
majority urea formaldehyde, polyvinyl acetate, and/or soy, for 
example, by establishing the chemical composition and relative 
percentage of the resin's ingredients.
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     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

[[Page 65785]]

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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Title
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Date

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;
     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;\1\ 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;
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    \1\ Documentation should demonstrate that your resin is not 
majority urea formaldehyde, polyvinyl acetate, and/or soy, for 
example, by establishing the chemical composition and relative 
percentage of the resin's ingredients.
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     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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Signature

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Title

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Date

[FR Doc. 2019-25889 Filed 11-27-19; 8:45 am]
 BILLING CODE 3510-DS-P