[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Notices]
[Pages 54593-54595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19368]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-636 and 731-TA-1469-1470 (Final)]
Wood Mouldings and Millwork Products From Brazil and China;
Scheduling of the Final Phase of Countervailing Duty and Antidumping
Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-636 and 731-TA-1469-1470 (Final) pursuant to the Tariff Act of
1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of wood mouldings and millwork products
from Brazil and China, primarily provided for in subheadings
4409.10.40, 4409.10.45, 4409.10.50, 4409.22.40, 4409.22.50, 4409.29.41,
and 4409.29.51 of the Harmonized Tariff Schedule of the United States,
preliminarily determined by the Department of Commerce (``Commerce'')
to be subsidized and sold at less-than-fair-value.
DATES: August 12, 2020.
FOR FURTHER INFORMATION CONTACT: Keysha Martinez (202-205-2136), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (https://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``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 these investigations 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 these investigations 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 fingerjointed 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 investigations if performed in the
country of manufacture of the in-scope product.
Excluded from the scope of these investigations 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 does not apply to screen/``surfaced on 4
sides'' (S4S) and/or ``surface 1 side, 2 edges'' (S1S2E) stock (also
called boards) that are finger-jointed, edge-glued mouldings, or
millwork blanks (whether or not resawn).
Excluded from the scope of these investigations are all products
covered by the scope of the antidumping duty order 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). Excluded from the scope of these
investigations are all products covered by the scope of the antidumping
duty order on Multilayered Wood Flooring from the People's Republic of
China. See Multilayered Wood Flooring from
[[Page 54594]]
the People's Republic of China: Amended Final Determination of Sales at
Less Than Fair Value and Antidumping Duty Order, 76 FR 76690 (December
8, 2011).
Excluded from the scope of these investigations are all products
covered by the scope of the antidumping duty order on Wooden Cabinets
and Vanities from the People's Republic of China. See Wooden Cabinets
and Vanities and Components Thereof from the People's Republic of
China: Antidumping Duty Order, 85 FR 22126 (April 21, 2020).
Excluded from the scope of these investigations are 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).''
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in China of wood mouldings and millwork products, and that
such products are being sold in the United States at less than fair
value within the meaning of Sec. 733 of the Act (19 U.S.C. 1673b). The
investigations were requested in petitions filed on January 8, 2020, by
the Coalition of American Millwork Producers (Bright Wood Corporation,
Madras, Oregon; Cascade Wood Products, Inc., White City, Oregon; Endura
Products, Inc., Colfax, North Carolina; Sierra Pacific Industries, Red
Bluff, California; Sunset Moulding, Live Oak, California; Woodgrain
Millwork Inc., Fruitland, Idaho; and Yuba River Moulding, Yuba City,
California).
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Although Commerce has preliminarily determined that imports of wood
mouldings and millwork products from Brazil are not being and are not
likely to be sold in the United States at less than fair value, for
purposes of efficiency the Commission hereby waives rule 207.21(b) \1\
so that the final phase of the investigations may proceed concurrently
in the event that Commerce makes a final affirmative determination with
respect to such imports.
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\1\ Sec. 207.21(b) of the Commission's rules provides that,
where Commerce has issued a negative preliminary determination, the
Commission will publish a Final Phase Notice of Scheduling upon
receipt of an affirmative final determination from Commerce.
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Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on December
8, 2020, and a public version will be issued thereafter, pursuant to
Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Tuesday,
December 22, 2020. Information about the place and form of the hearing,
including about how to participate in and/or view the hearing, will be
posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. Interested parties should check the
Commission's website periodically for updates.
Requests to appear at the hearing should be filed in writing with
the Secretary to the Commission on or before December 16, 2020. A
nonparty who has testimony that may aid the Commission's deliberations
may request permission to present a short statement at the hearing. All
parties and nonparties desiring to appear at the hearing and make oral
presentations should participate in a prehearing conference to be held
on December 18, 2020, at the U.S. International Trade Commission
Building, if deemed necessary. Oral testimony and written materials to
be submitted at the public hearing are governed by Sec. Sec.
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties
must submit any request to present a portion of their hearing testimony
in camera no later than 7 business days prior to the date of the
hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is December 15, 2020. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in Sec. 207.24 of the Commission's rules, and posthearing
briefs, which must conform with the provisions of Sec. 207.25 of the
Commission's rules. The deadline for filing posthearing briefs is
December 31, 2020. In addition, any person who has not entered an
appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before December 31, 2020. On January 15, 2021, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before January 20, 2021, but such
final comments must not contain new factual information and must
otherwise comply with Sec. 207.30 of the Commission's rules. All
written submissions must conform with the provisions of Sec. 201.8 of
the Commission's rules; any submissions that contain BPI must also
conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on Filing
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Procedures, available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates
upon the Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: August 28, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-19368 Filed 9-1-20; 8:45 am]
BILLING CODE 7020-02-P