[Federal Register Volume 85, Number 26 (Friday, February 7, 2020)]
[Notices]
[Pages 7270-7273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02469]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-051]


Certain Hardwood Plywood Products From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review; 
2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain producers and exporters of certain hardwood plywood 
products (hardwood plywood) from the People's Republic of China (China) 
made sales of subject merchandise at prices below normal value (NV) 
during the period of review (POR) June 23, 2017 through December 31, 
2018. We invite interested parties to comment on these preliminary 
results.

DATES: Applicable February 7, 2020.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, 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.

SUPPLEMENTARY INFORMATION:

Background

    On January 4, 2018, Commerce issued an antidumping duty (AD) order 
on hardwood plywood from China.\1\ Several interested parties requested 
that Commerce conduct an administrative review of the AD Order, and on 
April 1, 2019, Commerce published in the Federal Register a notice of 
initiation of an administrative review of the AD Order for 58 
producers/exporters for the POR.\2\ Subsequent to the initiation of the 
administrative review, several interested parties timely withdrew their 
request for 29 companies, and on November 15, 2019, we published a 
partial rescission of this administrative review.\3\ On September 20, 
2019, Commerce extended the time limit for completing the preliminary 
results of this review.\4\ The current extended deadline for completing 
the preliminary results of this review is January 31, 2020.\5\
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    \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) 
(AD Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 12200 (April 1, 2019) (Initiation 
Notice).
    \3\ See Certain Hardwood Plywood Products from the People's 
Republic of China: Partial Rescission of Antidumping Duty 
Administrative Review; 2017-2018, 84 FR 62509 (November 15, 2019).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated September 
20, 2019.
    \5\ Id.
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Scope of the Order

    The product covered by the order is hardwood plywood from China. A 
full description of the scope of the order is contained in the 
Preliminary Decision Memorandum.\6\
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Certain 
Hardwood Plywood Products from the People's Republic of China; 2017-
2018,'' dated January 31, 2020 (Preliminary Decision Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Commerce 
preliminarily determines that the reported U.S. sales of Linyi Chengen 
Import and Export Co., Ltd. (Chengen) were export price (EP) sales.\7\ 
We calculated EP sales in accordance with section 772 of the Act. Given 
that China is a non-market economy (NME) country, within the meaning of 
section 771(18) of the Act, Commerce calculated NV in accordance with 
section 773(c) of the Act.
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    \7\ See, e.g., Chengen's July 23, 2019, Section C Questionnaire 
Response, at 31.
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    For a full description of the methodology underlying the 
preliminary results of this review, see the Preliminary Decision 
Memorandum, which is incorporated by, and hereby adopted by, this 
notice. The Preliminary Decision Memorandum is a public document and is 
made available to the public 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 Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Preliminary Decision Memorandum are identical in content. A list of 
topics included in the Preliminary Decision Memorandum is provided in 
Appendix I to this notice.

Separate Rates

    Commerce preliminarily determines that the information placed on 
the record by Chengen, as well as by the

[[Page 7271]]

other companies listed in the rate table in the ``Preliminary Results 
of Review'' section below, demonstrates that these companies are 
entitled to separate rate status. Neither the Act nor Commerce's 
regulations address the establishment of the rate applied to individual 
companies not selected for examination where Commerce limited its 
examination in an administrative review pursuant to section 777A(c)(2) 
of the Act. Commerce's practice in cases involving limited selection 
based on exporters accounting for the largest volume of imports has 
been to look to section 735(c)(5) of the Act for guidance, which 
provides instructions for calculating the all-others rate in a market 
economy investigation. Section 735(c)(5)(A) of the Act instructs 
Commerce to use rates established for individually investigated 
producers and exporters, excluding any rates that are zero, de minimis, 
or based entirely on facts available in investigations. In this 
administrative review, Chengen is the only reviewed respondent that 
received a calculated weighted-average margin. Therefore, for the 
preliminary results, Commerce has preliminarily determined to assign 
Chengen's margin to the non-selected separate-rate companies.
    In addition, Commerce preliminarily determines that certain 
companies have not demonstrated their entitlement to separate rate 
status because they did not timely file their separate rate application 
and/or certification and, consequently, did not rebut the presumption 
of de jure or de facto government control of their operations. See 
Appendix II of this notice for a complete list of companies not 
receiving a separate rate.
    Commerce is treating the companies that were not granted separate 
rate status as part of the China-wide entity. Because no party 
requested a review of the China-wide entity,\8\ the entity is not under 
review, and the entity's rate (i.e., 183.36 percent) \9\ is not subject 
to change.\10\
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    \8\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 
2013).
    \9\ See AD Order, 83 FR at 512.
    \10\ For additional information regarding Commerce's separate 
rate determinations, see the Preliminary Decision Memorandum.
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Adjustments for Export Subsidies

    Commerce has preliminarily adjusted Chengen's U.S. price for export 
subsidies, pursuant to section 772(c)(1)(C) of the Act.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margins exist for the period June 
23, 2017 through December 31, 2018:

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                          dumping margin
                                                           (percent)
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Linyi Chengen Import and Export Co., Ltd.............               0.93
Anhui Hoda Wood Co., Ltd.............................               0.93
Cosco Star International Co., Ltd....................               0.93
Happy Wood Industrial Group Co., Ltd.................               0.93
Jiangsu High Hope Arser Co., Ltd.....................               0.93
Jiaxing Hengtong Wood Co., Ltd.......................               0.93
Linyi Evergreen Wood Co., Ltd........................               0.93
Linyi Glary Plywood Co., Ltd.........................               0.93
Linyi Huasheng Yongbin Wood Co., Ltd.................               0.93
Linyi Jiahe Wood Industry Co., Ltd...................               0.93
Linyi Sanfortune Wood Co., Ltd.......................               0.93
Qingdao Top P&Q International Corp...................               0.93
Shanghai Brightwood Trading Co., Ltd.................               0.93
Shanghai Futuwood Trading Co., Ltd...................               0.93
Shanghai Luli Trading Co., Ltd.......................               0.93
Suqian Hopeway International Trade Co., Ltd..........               0.93
Suzhou Oriental Dragon Import and Export Co., Ltd....               0.93
Xuzhou Jiangheng Wood Products Co., Ltd..............               0.93
Xuzhou Jiangyang Wood Industries Co., Ltd............               0.93
Xuzhou Timber International Trade Co., Ltd...........               0.93
Zhejiang Dehua TB Import & Export Co., Ltd...........               0.93
------------------------------------------------------------------------

Verification

    As provided in section 782(i)(3)(B) of the Act, provided that the 
conditions in China allow, Commerce intends to verify certain 
information relied upon in making its final results because we find 
that good cause exists to verify the questionnaire responses of 
Chengen.\11\
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    \11\ See Preliminary Decision Memorandum.
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Disclosure and Public Comment

    Commerce intends to disclose to parties the calculations performed 
for these preliminary results of review within five days of the date of 
publication of this notice in the Federal Register in accordance with 
19 CFR 351.224(b). Commerce will establish a deadline for interested 
parties to submit case briefs and rebuttal briefs at a later date.\12\ 
Parties who submit case briefs or rebuttal briefs in this proceeding 
are encouraged to submit with each argument: (1) A statement of the 
issue, (2) a brief summary of the argument, and (3) a table of 
authorities. Case and rebuttal briefs should be filed using ACCESS.
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    \12\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice.\13\ Requests should contain: (1) The 
party's name, address and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
briefs. If a request for a hearing is made, Commerce intends to hold 
the hearing at the U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230, at a date

[[Page 7272]]

and time to be determined.\14\ Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date of the hearing.
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    \13\ See 19 CFR 351.310(c).
    \14\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS.\15\ An electronically filed document must 
be received successfully in its entirety by Commerce's electronic 
records system, ACCESS, by 5:00 p.m. Eastern Time (ET) on the due date. 
Documents excepted from the electronic submission requirements must be 
filed manually (i.e., in paper form) with the APO/Dockets Unit in Room 
18022 and stamped with the date and time of receipt by 5:00 p.m. ET on 
the due date.\16\
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    \15\ See generally 19 CFR 351.303.
    \16\ Id. (for general filing requirements); see also Antidumping 
and Countervailing Duty Proceedings: Electronic Filing Procedures; 
Administrative Protective Order Procedures, 76 FR 39263 (July 6, 
2011).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results of review, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
AD duties on all appropriate entries covered by this review.\17\ 
Commerce intends to issue assessment instructions to CBP 15 days after 
the publication date of the final results of this review. Where the 
individually examined respondent's weighted-average dumping margin in 
the final results of review is not zero or de minimis (i.e., less than 
0.5 percent), Commerce intends to calculate importer-specific 
assessment rates, in accordance with 19 CFR 351.212(b)(1).\18\ For 
Chengen, Commerce intends to calculate an importer-specific per-unit 
assessment rate by dividing the amount of dumping for reviewed sales to 
the importer by the total sales quantity associated with those 
transactions. Where an importer-specific ad valorem or per-unit 
assessment rate is not zero or de minimis, Commerce will instruct CBP 
to collect the appropriate duties at the time of liquidation. Where 
either the respondent's weighted-average dumping margin is zero or de 
minimis, or an importer-specific ad valorem or per-unit assessment rate 
is zero or de minimis, Commerce will instruct CBP to liquidate 
appropriate entries without regard to AD duties.\19\ We intend to 
instruct CBP to take into account the ``provisional measures deposit 
cap,'' in accordance with 19 CFR 351.212(d).
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    \17\ See 19 CFR 351.212(b)(1).
    \18\ See Antidumping Proceedings: Calculation of the Weighted 
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification).
    \19\ See Final Modification, 77 FR at 8103.
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    Pursuant to Commerce's practice, for entries that were not reported 
in the U.S. sales database submitted by Chengen during this review, 
Commerce will instruct CBP to liquidate such entries at the rate for 
the China-wide entity.\20\
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    \20\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
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    For the respondents that were not selected for individual 
examination in this administrative review and that qualified for a 
separate rate, the assessment rate will be equal to the weighted-
average dumping margin determined for Chengen in the final results of 
this administrative review. We will also instruct CBP to take into 
account the ``provisional measures deposit cap'' in accordance with 19 
CFR 351.212(d).
    For the final results, if we continue to treat the seven exporters 
preliminarily found not to qualify for separate rates as part of the 
China-wide entity, we will instruct CBP to apply an ad valorem 
assessment rate of 183.36 percent, the current rate established for the 
China-wide entity, to all entries of subject merchandise during the POR 
which were exported by those companies.
    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of AD 
duties on POR entries, and for future deposits of estimated AD duties, 
where applicable.

Cash Deposit Requirements

    Commerce will instruct CBP to require a cash deposit for AD duties 
equal to the weighted-average amount by which NV exceeds U.S. price. 
The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash 
deposit rate will be equal to the weighted-average dumping margin 
established in the final results of this review (except that, if the 
rate is de minimis (i.e., less than 0.5 percent), then the cash deposit 
rate will be zero for that exporter); (2) for previously investigated 
or reviewed China and non-China exporters not listed above that have 
separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recently completed segment of this 
proceeding; (3) for all China exporters of subject merchandise that 
have not been found to be entitled to a separate rate, the cash deposit 
rate will be the rate for the China-wide entity (i.e., 183.36 percent); 
\21\ and (4) for all non-China exporters of subject merchandise that 
have not received their own rate, the cash deposit rate will be the 
rate applicable to the China exporter that supplied that non-China 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.
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    \21\ See AD Order, 83 FR at 512.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of AD duties and/or countervailing duties 
prior to liquidation of the relevant entries during this POR. Failure 
to comply with this requirement could result in Commerce's presumption 
that reimbursement of AD duties and/or countervailing duties has 
occurred, and the subsequent assessment of double AD duties and/or an 
increase in the amount of AD duties by the amount of the countervailing 
duties.
    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 
351.221(b)(4).

    Dated: January 31, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

Appendix II

List of Companies Not Receiving Separate Rate Status

1. Jiangsu Sunwell Cabinetry Co., Ltd.
2. Linyi Bomei Furniture Co., Ltd.
3. Linyi Dahua Wood Co., Ltd.

[[Page 7273]]

4. Pingyi Jinniu Wood Co., Ltd.
5. SAICG International Trading Co., Ltd.
6. Shandong Jinhua International Trading Co., Ltd.
7. Xuzhou Amish Import & Export Co., Ltd.

[FR Doc. 2020-02469 Filed 2-6-20; 8:45 am]
BILLING CODE 3510-DS-P