[Federal Register Volume 85, Number 156 (Wednesday, August 12, 2020)]
[Notices]
[Pages 48667-48669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17638]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-853]


Wood Mouldings and Millwork Products From Brazil: Preliminary 
Negative Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that wood mouldings and millwork products (millwork products) from 
Brazil are not being, or are not likely to be, sold in the United 
States at less than fair value (LTFV). The period of investigation 
(POI) is January 1, 2019 through December 31, 2019. Interested parties 
are invited to comment on this preliminary determination.

DATES: Applicable August 12, 2020.

FOR FURTHER INFORMATION CONTACT: George Ayache or Suzanne Lam, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-2623 or (202) 
482-0783, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on February 5, 
2020.\1\ On May 26, 2020, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
August 5, 2020.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. The 
Preliminary 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 https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.
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    \1\ See Wood Mouldings and Millwork Products from Brazil and the 
People's Republic of China: Initiation of Less-Than-Fair-Value 
Investigations, 85 FR 6502 (February 5, 2020) (Initiation Notice).
    \2\ See Wood Mouldings and Millwork Products from Brazil and the 
People's Republic of China: Postponement of Preliminary 
Determinations in the Less-Than-Fair-Value Investigations, 85 FR 
31459 (May 26, 2020).
    \3\ See Memorandum, ``Wood Mouldings and Millwork Products from 
Brazil: Decision Memorandum for the Preliminary Negative 
Determination in the Less-Than-Fair-Value Investigation,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are millwork products 
from Brazil. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice, as well as additional language proposed by 
Commerce. For a summary of the product coverage comments and rebuttal 
responses submitted to the record for this investigation, and 
accompanying discussion and analysis of all comments timely received, 
see the Preliminary Scope Decision Memorandum.\6\ Commerce is 
preliminarily modifying the scope language as it appeared in the 
Initiation Notice. See the revised scope in Appendix I to this notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ See Memorandum, ``Wood Mouldings and Millwork Products from 
Brazil and the People's Republic of China: Preliminary Scope 
Decision Memorandum,'' dated concurrently with this preliminary 
determination (Preliminary Scope Decision Memorandum).
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Normal value is calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying Commerce's preliminary determination, see 
the Preliminary Decision Memorandum.

Preliminary Determination

    For this preliminary determination, Commerce calculated a zero 
estimated weighted-average dumping margin for the individually examined 
producer and/or exporter of the subject merchandise. Consistent with 
section 733(b)(3) of the Act, Commerce disregards de minimis rates and 
preliminarily determines that the individually examined respondent with 
a de minimis rate has not made sales of subject merchandise at LTFV 
during the POI.

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Araupel S.A./Braslumber Industria de Molduras Ltda./BrasPine        0.00
 Madeiras Ltda.\7\..........................................
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    Consistent with section 733(d) of the Act, Commerce has not 
calculated an estimated weighted-average dumping margin for all other 
producers and exporters, because it has not made an affirmative 
preliminary determination of sales at LTFV.
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    \7\ Commerce preliminarily determines that Araupel S.A., 
Braslumber Industria de Molduras Ltda., and Braspine Madeiras Ltda. 
are a single entity. See Preliminary Decision Memorandum; see also 
Memorandum, ``Less-Than-Fair-Value Investigation of Wood Mouldings 
and Millwork Products from Brazil: Preliminary Affiliation and 
Collapsing Determination for Araupel S.A., Braslumber Industria de 
Molduras Ltda., and Braspine Madeiras Ltda.,'' dated August 5, 2020.
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Suspension of Liquidation

    Because Commerce has made a negative preliminary determination of 
sales at LTFV with regard to subject merchandise, Commerce will not 
direct U.S. Customs and Border Protection to suspend liquidation or to 
require a cash deposit of estimated antidumping duties for any such 
entries.

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed in connection with this preliminary determination within five 
days of its public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    All interested parties will have the opportunity to submit case and 
rebuttal briefs on the preliminary scope determination. The deadline to 
submit

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these comments will be no later than 30 days after the publication of 
this preliminary determination. Scope rebuttal briefs (which are 
limited to issues raised in the scope briefs) may be submitted no later 
than seven days after the deadline for the scope briefs. For all scope 
briefs and rebuttals thereto, parties must file identical documents 
simultaneously on the records of all the ongoing AD and CVD millwork 
products investigations. No new factual information or business 
proprietary information may be included in either scope briefs or 
rebuttal scope briefs.
    Case briefs or other written comments regarding non-scope matters 
may be submitted to the Assistant Secretary for Enforcement and 
Compliance no later than seven days after the date on which the last 
verification report is issued in this investigation. Rebuttal briefs, 
limited to issues raised in case briefs, may be submitted no later than 
seven days after the deadline date for case briefs.\8\ Note that 
Commerce has modified certain of its requirements for serving documents 
containing business proprietary information until further notice.\9\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case 
briefs or rebuttal briefs in this investigation 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.
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    \8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \9\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, 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. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm the date and time of the hearing two 
days before the scheduled date.

Postponement of Final Determination

    Section 735(a)(2)(B) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of a 
negative preliminary determination, a request for such postponement is 
made by the petitioner. On July 9, 2020, the petitioner requested that 
Commerce postpone the final determination.\10\ In accordance with 
section 735(a)(2)(B) of the Act, because the preliminary determination 
is negative, and the petitioner has requested the postponement of the 
final determination, Commerce is postponing the final determination. 
Accordingly, Commerce will make its final determination by no later 
than 135 days after the date of publication of this preliminary 
determination, pursuant to section 735(a)(2) of the Act.
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    \10\ See Petitioner's Letter, ``Wood Mouldings and Millwork 
Products from Brazil: Petitioner's Request for Postponement of the 
Final Determination,'' dated July 9, 2020.
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine 75 days after the final determination whether these imports 
are materially injuring, or threaten material injury to, the U.S. 
industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: August 5, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise subject to this investigation consists of wood 
mouldings and millwork products that are made of wood (regardless of 
wood species), bamboo, laminated veneer lumber (LVL), or of wood and 
composite materials (where the composite materials make up less than 
50 percent of the total merchandise), and which are continuously 
shaped wood or finger-jointed or edge-glued moulding or millwork 
blanks (whether or not resawn). The merchandise subject to this 
investigation can be continuously shaped along any of its edges, 
ends, or faces.
    The percentage of composite materials contained in a wood 
moulding or millwork product is measured by length, except when the 
composite material is a coating or cladding. Wood mouldings and 
millwork products that are coated or clad, even along their entire 
length, with a composite material, but that are otherwise comprised 
of wood, LVL, or wood and composite materials (where the non-coating 
composite materials make up 50 percent or less of the total 
merchandise) are covered by the scope.
    The merchandise subject to this investigation consists of wood, 
LVL, bamboo, or a combination of wood and composite materials that 
is continuously shaped throughout its length (with the exception of 
any endwork/dados), profiled wood having a repetitive design in 
relief, similar milled wood architectural accessories, such as 
rosettes and plinth blocks, and finger-jointed or edge-glued 
moulding or millwork blanks (whether or not resawn). The scope 
includes continuously shaped wood in the forms of dowels, building 
components such as interior paneling and jamb parts, and door 
components such as rails, stiles, interior and exterior door frames 
or jambs (including split, flat, stop applied, single- or double-
rabbeted), frame or jamb kits, and packaged door frame trim or 
casing sets, whether or not the door components are imported as part 
of a door kit or set.
    The covered products may be solid wood, laminated, finger-
jointed, edge-glued, face-glued, or otherwise joined in the 
production or remanufacturing process and are covered by the scope 
whether imported raw, coated (e.g., gesso, polymer, or plastic), 
primed, painted, stained, wrapped (paper or vinyl overlay), any 
combination of the aforementioned surface coatings, treated, or 
which incorporate rot-resistant elements (whether wood or 
composite). The covered products are covered by the scope whether or 
not any surface coating(s) or covers obscures the grain, textures, 
or markings of the wood, whether or not they are ready for use or 
require final machining (e.g., endwork/dado, hinge/strike machining, 
weatherstrip or application thereof, mitre) or packaging.
    All wood mouldings and millwork products are included within the 
scope even if they are trimmed; cut-to-size; notched; punched; 
drilled; or have undergone other forms of minor processing.
    Subject merchandise also includes wood mouldings and millwork 
products that have been further processed in a third country, 
including but not limited to trimming, cutting, notching, punching, 
drilling, coating, 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 are countertop/
butcherblocks, exterior fencing, exterior decking and exterior 
siding products (including solid wood siding, non-wood siding (e.g., 
composite or cement), and shingles) that are not LVL or finger 
jointed; finished and unfinished doors; flooring; parts of stair 
steps (including newel posts, balusters, easing, gooseneck, risers, 
treads, rail fittings and stair stringers); picture frame components 
three feet and under in individual lengths; and lumber whether 
solid, finger-jointed, or edge-glued. To be excluded from the scope, 
finger-jointed or edge-glued lumber must have a nominal thickness 
greater than 1.5 inches and a certification stamp from an American 
Lumber Standard Committee-certified grading bureau. The exclusion 
for lumber whether solid, finger-jointed, or edge-glued

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does not apply to screen/``surfaced on 4 sides'' (S4S) and/or 
``surface 1 side, 2 edges'' (SlS2E) stock (also called boards) that 
are finger-jointed, edge-glued mouldings, or millwork blanks 
(whether or not resawn).
    Imports of wood mouldings and millwork products are primarily 
entered under the following Harmonized Tariff Schedule of the United 
States (HTSUS) numbers: 4409.10.4010, 4409.10.4090, 4409.10.4500, 
4409.10.5000, 4409.22.4000, 4409.22.5000, 4409.29.4100, and 
4409.29.5100. Imports of wood mouldings and millwork products may 
also enter under HTSUS numbers: 4409.10.6000, 4409.10.6500, 
4409.22.6000, 4409.22.6500, 4409.29.6100, 4409.29.6600, 
4418.20.4000, 4418.20.8030, 4418.20.8060, 4418.99.9095 and 
4421.99.9780. While the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
scope of this investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Affiliation/Single Entity
V. Discussion of the Methodology
VI. Currency Conversion
VII. Conclusion

[FR Doc. 2020-17638 Filed 8-11-20; 8:45 am]
BILLING CODE 3510-DS-P