[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Notices]
[Pages 8766-8769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02642]


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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: Initiation of Antidumping Duty and Countervailing Duty Changed 
Circumstances Reviews

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

SUMMARY: The Department of Commerce (Commerce) is initiating changed 
circumstances reviews (CCRs) of the antidumping duty (AD) and 
countervailing duty (CVD) orders on certain hardwood plywood products 
(hardwood plywood) from the People's Republic of China (China).

DATES: Applicable February 9, 2021.

FOR FURTHER INFORMATION CONTACT: 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) 482-3053.

SUPPLEMENTARY INFORMATION:

Background

    On January 4, 2018, Commerce published the AD and CVD orders on 
hardwood plywood from China.\1\ On October 15, 2020, the Coalition for 
Fair Trade in Hardwood Plywood (the petitioner), requested that 
Commerce initiate CCRs to revoke, in part, the AD and CVD orders on 
hardwood plywood from China with respect to certain finished laminated 
veneer lumber (LVL) door stiles and rails, pursuant to section 
751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.216(b).\2\ The petitioner also

[[Page 8767]]

requested that Commerce simultaneously issue the initiation and 
preliminary results partially revoking the Orders and that it conduct 
these CCRs on an expedited basis.\3\
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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), 
and Certain Hardwood Plywood Products from the People's Republic of 
China: Countervailing Duty Order, 82 FR 513 (January 4, 2018) 
(collectively, Orders).
    \2\ See Petitioner's Letter, ``Hardwood Plywood Products from 
the People's Republic of China: Request for Changed Circumstances 
Review and Partial Revocation,'' dated October 15, 2020 (CCR 
Request); Commerce's Letter, ``Clarification of Changed 
Circumstances Review and Partial Revocation Request,'' dated 
November 12, 2020; Commerce's Letter, ``Clarification of Changed 
Circumstances Review and Partial Revocation Request,'' dated 
November 17, 2020; and Petitioner's Letter, ``Hardwood Plywood 
Products from the People's Republic of China: Response to 
Clarification of Changed Circumstances Review and Partial Revocation 
Request,'' dated December 10, 2020 (CCR Clarification Response).
    \3\ See CCR Request at 8; and CCR Clarification Response at 7.
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Scope of the Orders

    The merchandise covered by these Orders is hardwood plywood from 
China. For a complete description of the scope of the Orders, see 
Appendix.

Proposed Revocation of the Orders, in Part

    The petitioner requests that the Orders be revoked, in part, with 
respect to certain door stiles and rails made of LVL that have a width 
not to exceed 50 millimeters, a thickness not to exceed 50 millimeters, 
and a length of less than 2,450 millimeters.\4\ The petitioner further 
requests that Commerce specify an effective date of this partial 
revocation to the Orders that coincides with the preliminary 
determinations of the AD and CVD investigations in these proceedings, 
i.e., June 23, 2017, and April 25, 2017, respectively.\5\ Should 
Commerce determine to partially revoke the Orders, the petitioner 
proposes that Commerce amend the scope language as follows: ``Also 
excluded are laminated veneer lumber door stiles and rails that have a 
width not to exceed 50 millimeters, a thickness not to exceed 50 
millimeters, and a length of less than 2,450 millimeters.'' \6\
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    \4\ Id. at 3.
    \5\ Id. at 6.
    \6\ Id.
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Initiation of Changed Circumstances Reviews

    Pursuant to section 751(b)(1) of the Act, and 19 CFR 351.216(d), 
Commerce will conduct a CCR of an AD or CVD order when it receives 
information which shows changed circumstances sufficient to warrant 
such a review. Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) 
provide that Commerce may revoke an order (in whole or in part) if it 
determines that producers accounting for substantially all of the 
production of the domestic like product have no further interest in the 
order, in whole or in part. In the event Commerce determines that 
expedited action is warranted, 19 CFR 351.221(c)(3)(ii) permits 
Commerce to combine the notices of initiation and preliminary results.
    The petitioner asserts that it accounts for ``substantially all'' 
\7\ of the domestic production of hardwood plywood.\8\ We are not 
combining this notice of initiation with a preliminary determination, 
pursuant to 19 CFR 351.222(c)(3)(ii), to provide interested parties 
with an opportunity to address the issue of domestic industry support 
with respect to this requested partial revocation of the Orders. 
Additionally, we request that interested parties notify Commerce if 
they have made any shipments of merchandise covered by the revocation 
request (door stiles and rails made of LVL that have a width not to 
exceed 50 millimeters, a thickness not to exceed 50 millimeters, and a 
length of less than 2,450 millimeters) that (a) were entered, or 
withdrawn from warehouse, for consumption on or after June 23, 2017, 
and April 25, 2017, and (b) are subject to ongoing litigation and 
enjoined from liquidation. After examining comments, if any, concerning 
these issues, we will issue the preliminary results of these CCRs.
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    \7\ In its administrative practice, Commerce has interpreted 
``substantially all'' to mean at least 85 percent of the total 
production of the domestic like product covered by the order. See, 
e.g., Supercalendered Paper from Canada: Final Results of Changed 
Circumstances Review and Revocation of Countervailing Duty Order, 83 
FR 32268 (July 12, 2018).
    \8\ See CCR Request at 6-7 (identifying percentage production in 
2019 (designated as business proprietary information)); see also CCR 
Clarification Response.
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    Based on the petitioner's affirmative statement of no interest in 
the Orders with respect to certain finished LVL door stiles and rails, 
and because more than 24 months have passed since the publication of 
the Final Determinations,\9\ we find that the conditions warrant 
initiation of these CCRs.\10\ According to the petitioner, certain 
specific LVL door stiles and rails are more appropriately considered 
wood mouldings and/or millwork products and should not be covered by 
the scope of the Orders. Instead, these products should be covered by 
the scope of the AD and CVD investigations on wood mouldings and 
millwork products from China.\11\
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    \9\ See 19 CFR 351.216(c); see also Certain Hardwood Plywood 
Products from the People's Republic of China: Final Determination of 
Sales at Less Than Fair Value, and Final Affirmative Determination 
of Critical Circumstances, in Part, 82 FR 53460 (November 16, 2017), 
and Countervailing Duty Investigation of Certain Hardwood Plywood 
Products from the People's Republic of China: Final Affirmative 
Determination, and Final Affirmative Critical Circumstances 
Determination, in Part, 82 FR 53473 (November 16, 2017) 
(collectively, Final Determinations).
    \10\ See, e.g., Certain Cold-Rolled Steel Flat Products from 
Japan: Initiation and Preliminary Results of Changed Circumstances 
Review, and Intent to Revoke Order in Part, 82 FR 821 (January 4, 
2017) (finding that ``Petitioners' affirmative statement of no 
interest in the order . . . . . constitutes good cause for the 
conduct of this review'').
    \11\ See Wood Mouldings and Millwork Products from the People's 
Republic of China: Final Affirmative Determination of Sales at Less 
Than Fair Value, 86 FR 63 (January 4, 2021); see also Wood Mouldings 
and Millwork Products from the People's Republic of China: Final 
Affirmative Countervailing Duty Determination, 86 FR 67 (January 4, 
2021).
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Public Comment

    Interested parties are invited to provide comments and/or factual 
information regarding these CCRs, including comments on industry 
support, the proposed partial revocation language, and whether any of 
their entries are covered by this revocation request but enjoined from 
liquidation due to an injunction issued in ongoing litigation. Comments 
and factual information may be submitted to Commerce no later than ten 
days after the date of publication of this notice. Rebuttal comments 
and rebuttal factual information may be filed with Commerce no later 
than seven days after the comments and/or factual information are 
filed.\12\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information until further notice.\13\ All submissions must be filed 
electronically using the Enforcement and Compliance's AD and CVD 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. An electronically-filed 
document must be received successfully in its entirety in ACCESS by 
5:00 p.m. Eastern Time on the due date set forth in this notice.
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    \12\ Submissions of rebuttal factual information must comply 
with 19 CFR 351.301(b)(2); see also Temporary Rule Modifying AD/CVD 
Service Requirements Due to COVID-19; Extension of Effective Period, 
85 FR 41363 (July 10, 2020) (Temporary Rule).
    \13\ See Temporary Rule.
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Preliminary and Final Results of the Review

    Commerce intends to publish in the Federal Register a notice of the 
preliminary results of these AD and CVD CCRs in accordance with 19 CFR 
351.221(b)(4) and (c)(3)(i), which will set forth Commerce's 
preliminary factual and legal conclusions. Commerce will issue its 
final results of these CCRs in accordance with the time limits set 
forth in 19 CFR 351.216(e).

Notification to Interested Parties

    This notice is published in accordance with section 751(b)(1) of 
the Act, and 19 CFR 351.221(b)(1).


[[Page 8768]]


    Dated: January 25, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Orders

    The merchandise subject to these Orders is hardwood and 
decorative plywood, and certain veneered panels as described below. 
For purposes of this proceeding, hardwood and decorative plywood is 
defined as a generally flat, multilayered plywood or other veneered 
panel, consisting of two or more layers or plies of wood veneers and 
a core, with the face and/or back veneer made of non-coniferous wood 
(hardwood) or bamboo. The veneers, along with the core may be glued 
or otherwise bonded together. Hardwood and decorative plywood may 
include products that meet the American National Standard for 
Hardwood and Decorative Plywood, ANSI/HPVA HP-1-2016 (including any 
revisions to that standard).
    For purposes of this proceeding a ``veneer'' is a slice of wood 
regardless of thickness which is cut, sliced or sawed from a log, 
bolt, or flitch. The face and back veneers are the outermost veneer 
of wood on either side of the core irrespective of additional 
surface coatings or covers as described below.
    The core of hardwood and decorative plywood consists of the 
layer or layers of one or more material(s) that are situated between 
the face and back veneers. The core may be composed of a range of 
materials, including but not limited to hardwood, softwood, 
particleboard, or medium-density fiberboard (MDF).
    All hardwood plywood is included within the scope of these 
Orders regardless of whether or not the face and/or back veneers are 
surface coated or covered and whether or not such surface coating(s) 
or covers obscures the grain, textures, or markings of the wood. 
Examples of surface coatings and covers include, but are not limited 
to: Ultra violet light cured polyurethanes; oil or oil-modified or 
water based polyurethanes; wax; epoxy-ester finishes; moisture-cured 
urethanes; paints; stains; paper; aluminum; high pressure laminate; 
MDF; medium density overlay (MDO); and phenolic film. Additionally, 
the face veneer of hardwood plywood may be sanded; smoothed or given 
a ``distressed'' appearance through such methods as hand-scraping or 
wire brushing. All hardwood plywood is included within the scope 
even if it is trimmed; cut-to-size; notched; punched; drilled; or 
has underwent other forms of minor processing.
    All hardwood and decorative plywood is included within the scope 
of these Orders, without regard to dimension (overall thickness, 
thickness of face veneer, thickness of back veneer, thickness of 
core, thickness of inner veneers, width, or length). However, the 
most common panel sizes of hardwood and decorative plywood are 1,219 
x 1,829 mm (48 x 72 inches), 1,219 x 2,438 mm (48 x 96 inches), and 
1,219 x 3,048 mm (48 x 120 inches).
    Subject merchandise also includes hardwood and decorative 
plywood that has been further processed in a third country, 
including but not limited to trimming, cutting, notching, punching, 
drilling, or any other processing that would not otherwise remove 
the merchandise from the scope of the Orders if performed in the 
country of manufacture of the in-scope product.
    The scope of the Orders excludes the following items: (1) 
Structural plywood (also known as ``industrial plywood'' or 
``industrial panels'') that is manufactured to meet U.S. Products 
Standard PS 1-09, PS 2-09, or PS 2-10 for Structural Plywood 
(including any revisions to that standard or any substantially 
equivalent international standard intended for structural plywood), 
and which has both a face and a back veneer of coniferous wood; (2) 
products which have a face and back veneer of cork; (3) multilayered 
wood flooring, as described in the antidumping duty and 
countervailing duty orders on Multilayered Wood Flooring from the 
People's Republic of China, Import Administration, International 
Trade Administration. See Multilayered Wood Flooring from the 
People's Republic of China, 76 FR 76690 (December 8, 2011) (amended 
final determination of sales at less than fair value and antidumping 
duty order), and Multilayered Wood Flooring from the People's 
Republic of China, 76 FR 76693 (December 8, 2011) (countervailing 
duty order), as amended by Multilayered Wood Flooring from the 
People's Republic of China: Amended Antidumping and Countervailing 
Duty Orders, 77 FR 5484 (February 3, 2012); (4) multilayered wood 
flooring with a face veneer of bamboo or composed entirely of 
bamboo; (5) plywood which has a shape or design other than a flat 
panel, with the exception of any minor processing described above; 
(6) products made entirely from bamboo and adhesives (also known as 
``solid bamboo''); and (7) Phenolic Film Faced Plyform (PFF), also 
known as Phenolic Surface Film Plywood (PSF), defined as a panel 
with an ``Exterior'' or ``Exposure 1'' bond classification as is 
defined by The Engineered Wood Association, having an opaque 
phenolic film layer with a weight equal to or greater than 90g/m3 
permanently bonded on both the face and back veneers and an opaque, 
moisture resistant coating applied to the edges.
    Excluded from the scope of these Orders are wooden furniture 
goods that, at the time of importation, are fully assembled and are 
ready for their intended uses. Also excluded from the scope of these 
Orders is ``ready to assemble'' (RTA) furniture. RTA furniture is 
defined as (A) furniture packaged for sale for ultimate purchase by 
an end-user that, at the time of importation, includes (1) all 
wooden components (in finished form) required to assemble a finished 
unit of furniture, (2) all accessory parts (e.g., screws, washers, 
dowels, nails, handles, knobs, adhesive glues) required to assemble 
a finished unit of furniture, and (3) instructions providing 
guidance on the assembly of a finished unit of furniture; (B) 
unassembled bathroom vanity cabinets, having a space for one or more 
sinks, that are imported with all unassembled hardwood and hardwood 
plywood components that have been cut-to-final dimensional component 
shape/size, painted or stained prior to importation, and stacked 
within a singled shipping package, except for furniture feet which 
may be packed and shipped separately; or (C) unassembled bathroom 
vanity linen closets that are imported with all unassembled hardwood 
and hardwood plywood components that have been cut-to-final 
dimensional shape/size, painted or stained prior to importation, and 
stacked within a single shipping package, except for furniture feet 
which may be packed and shipped separately.
    Excluded from the scope of these Orders are kitchen cabinets 
that, at the time of importation, are fully assembled and are ready 
for their intended uses. Also excluded from the scope of these 
Orders are RTA kitchen cabinets. RTA kitchen cabinets are defined as 
kitchen cabinets packaged for sale for ultimate purchase by an end-
user that, at the time of importation, includes (1) all wooden 
components (in finished form) required to assemble a finished unit 
of cabinetry, (2) all accessory parts (e.g., screws, washers, 
dowels, nails, handles, knobs, hooks, adhesive glues) required to 
assemble a finished unit of cabinetry, and (3) instructions 
providing guidance on the assembly of a finished unit of cabinetry.
    Excluded from the scope of these Orders are finished table tops, 
which are table tops imported in finished form with pre-cut or 
drilled openings to attach the underframe or legs. The table tops 
are ready for use at the time of import and require no further 
finishing or processing.
    Excluded from the scope of these Orders are finished countertops 
that are imported in finished form and require no further finishing 
or manufacturing.
    Excluded from the scope of these Orders are laminated veneer 
lumber door and window components with (1) a maximum width of 44 
millimeters, a thickness from 30 millimeters to 72 millimeters, and 
a length of less than 2413 millimeters (2) water boiling point 
exterior adhesive, (3) a modulus of elasticity of 1,500,000 pounds 
per square inch or higher, (4) finger-jointed or lap-jointed core 
veneer with all layers oriented so that the grain is running 
parallel or with no more than 3 dispersed layers of veneer oriented 
with the grain running perpendicular to the other layers; and (5) 
top layer machined with a curved edge and one or more profile 
channels throughout.
    Imports of hardwood plywood are primarily entered under the 
following Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings: 4412.10.0500; 4412.31.0520; 4412.31.0540; 4412.31.0560; 
4412.31.0620; 4412.31.0640; 4412.31.0660; 4412.31.2510; 
4412.31.2520; 4412.31.2610; 4412.31.2620; 4412.31.4040; 
4412.31.4050; 4412.31.4060; 4412.31.4075; 4412.31.4080; 
4412.31.4140; 4412.31.4150; 4412.31.4160; 4412.31.4180; 
4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 
4412.31.5175; 4412.31.5235; 4412.31.5255; 4412.31.5265; 
4412.31.5275; 4412.31.6000; 4412.31.6100; 4412.31.9100; 
4412.31.9200; 4412.32.0520; 4412.32.0540; 4412.32.0565; 
4412.32.0570; 4412.32.0620; 4412.32.0640; 4412.32.0670; 
4412.32.2510; 4412.32.2525; 4412.32.2530; 4412.32.2610; 
4412.32.2630; 4412.32.3125; 4412.32.3135; 4412.32.3155; 
4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.3235;

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4412.32.3255; 4412.32.3265; 4412.32.3275; 4412.32.3285; 
4412.32.5600; 4412.32.3235; 4412.32.3255; 4412.32.3265; 
4412.32.3275; 4412.32.3285; 4412.32.5700; 4412.94.1030; 
4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121; 
4412.94.3141; 4412.94.3161; 4412.94.3175; 4412.94.4100; 
4412.99.0600; 4412.99.1020; 4412.99.1030; 4412.99.1040; 
4412.99.3110; 4412.99.3120; 4412.99.3130; 4412.99.3140; 
4412.99.3150; 4412.99.3160; 4412.99.3170; 4412.99.4100; 
4412.99.5115; and 4412.99.5710.
    Imports of hardwood plywood may also enter under HTSUS 
subheadings 4412.99.6000; 4412.99.7000; 4412.99.8000; 4412.99.9000; 
4412.10.9000; 4412.94.5100; 4412.94.9500; and 4412.99.9500. While 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of these Orders is 
dispositive.

[FR Doc. 2021-02642 Filed 2-8-21; 8:45 am]
BILLING CODE 3510-DS-P