[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