[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Notices]
[Pages 6137-6139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02216]


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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 
and Preliminary Determination of No Shipments; 2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that 17 exporters of certain hardwood plywood products (hardwood 
plywood) from the People's Republic of China (China) under review had 
no shipments of subject merchandise during the period of review (POR) 
January 1, 2020, through December 31, 2020. Commerce also preliminary 
determines that the remaining 39 remaining companies subject to this 
review are part of the China-wide entity because they did not 
demonstrate eligibility for separate rates.

DATES: Applicable February 3, 2022.

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 March 4, 2021, Commerce published in the Federal Register a 
notice of initiation of an administrative review of the antidumping 
duty (AD) order \1\ on hardwood plywood from China with respect to 56 
exporters.\2\ Subsequently, we released U.S. Customs and Border 
Protection (CBP) data to interested parties for comment.\3\ We received 
comments from the petitioner.\4\ No other interested party commented on 
the CBP data.
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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) 
(Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 12599 (March 4, 2021) (Initiation 
Notice).
    \3\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Data,'' dated March 10, 2021.
    \4\ The petitioner is the Coalition for Fair Trade in Hardwood 
Plywood. See Petitioner's Letter, ``Hardwood Plywood Products from 
the People's Republic of China: Comments on CBP Data,'' dated March 
17, 2021.
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    From March 30 to April 5, 2021, we received timely no-shipment 
certifications from 17 companies.\5\ We did not receive a no-shipment 
statement, separate rate application (SRA), or separate rate 
certification (SRC) from any other company subject to this review. On 
June 14, 2021, we received a request from the petitioner that we 
conduct verification of the information submitted in this review.\6\ On 
October 1, 2021, Commerce extended the time limit for completing the 
preliminary results of this review to January 28, 2022.\7\
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    \5\ We received timely no-shipment certifications from the 
following companies: (1) Celtic Co., Ltd.; (2) Cosco Star 
International Co., Ltd.; (3) Happy Wood Industrial Group Co., Ltd.; 
(4) Jiaxing Hengtong Wood Co., Ltd.; (5) Linyi Evergreen Wood Co., 
Ltd.; (6) Linyi Glary Plywood Co., Ltd.; (7) Linyi Huasheng Yongbin 
Wood Co., Ltd.; (8) Linyi Jiahe Wood Industry Co., Ltd.; (9) Linyi 
Sanfortune Wood Co., Ltd.; (10) Qingdao Top P&Q International Corp.; 
(11) Shandong Qishan International Trading Co., Ltd.; (12) Shanghai 
Brightwood Trading Co., Ltd.; (13) Shanghai Futuwood Trading Co., 
Ltd.; (14) Shanghai Luli Trading Co., Ltd.; (15) Suqian Hopeway 
International Trade Co., Ltd.; (16) Xuzhou Jiangyang Wood Industries 
Co., Ltd.; and (17) Zhejiang Dehua TB Import & Export Co., Ltd.
    \6\ See Petitioner's Letter, ``Request for Verification,'' dated 
June 14, 2021.
    \7\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review, 2020,'' dated 
October 1, 2021. See also Memorandum, ``Clarification of Extension 
of Deadline for Preliminary Results of Antidumping Duty 
Administrative Review, 2020,'' dated October 13, 2021.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\8\ A list of topics included in the Preliminary Decision 
Memorandum is provided in Appendix III 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 http://access.trade.gov. 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.
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    \8\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results for the 2020 Antidumping Duty Administrative Review: Certain 
Hardwood Plywood from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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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.\9\
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    \9\ Id.
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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) and 19 CFR 
351.213.

Preliminary Determination of No Shipments

    Based upon the no shipment certifications received by Commerce, and 
our review of the CBP data, we preliminary find that 17 companies had 
no shipments during the POR. Commerce requested that CBP confirm 
whether any shipments of subject merchandise entered the United States 
during the POR with respect to the 17 companies that submitted no 
shipment claims, and CBP responded that it has no record of any subject 
entries for these 17 inquiries.\10\ Because we have

[[Page 6138]]

corroborated the 17 no-shipment claims with CBP, we have verified these 
claims for purposes of these preliminary results, in accordance with 
section 782(i) of the Act. For additional information regarding this 
determination, see the Preliminary Decision Memorandum. Consistent with 
our assessment in non-market economy administrative reviews,\11\ 
Commerce is not rescinding this review for these 17 companies.\12\ 
Commerce intends to complete this review and issue appropriate 
instructions to CBP based on the final results of this review.
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    \10\ See Memorandum ``No Shipment Inquiries for Multiple 
Companies during the period 01/01/2020 through 12/31/2020,'' dated 
April 16, 2021.
    \11\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see 
also ``Assessment Rate'' section below.
    \12\ See Appendix II.
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Separate Rates

    Because the other 39 companies under review did not submit a no-
shipment certification, SRA, or SRC, Commerce preliminarily determines 
that these companies have not demonstrated their eligibility for 
separate rates.\13\ For additional information, see the Preliminary 
Decision Memorandum.
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    \13\ See Appendix I.
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China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\14\ Under this policy, 
the China-wide entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
China-wide entity.\15\ Because no party requested a review of the 
China-wide entity in this review, the China-wide entity is not under 
review and the China-wide entity's rate (i.e., 183.36 percent) is not 
subject to change.\16\ For additional information, see the Preliminary 
Decision Memorandum.
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    \14\ 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 (November 4, 2013).
    \15\ Id.
    \16\ See Order, 83 FR at 512.
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Public Comment

    In accordance with 19 CFR 351.309(c), case briefs or other written 
comments may be submitted to the Assistant Secretary for Enforcement 
and Compliance no later than 30 days after the date of publication of 
these preliminary results, unless the Secretary alters the time limit. 
Rebuttal briefs, limited to issues raised in case briefs, may be 
submitted no later than seven days after the deadline date for case 
briefs.\17\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who 
submit case briefs or rebuttal briefs in this review 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. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\18\
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    \17\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \18\ 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: 
(1) The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Oral 
presentations at the hearing will be limited to those issues raised in 
the briefs. If a request for a hearing is made, Commerce intends to 
hold the hearing at a date and time to be determined.\19\
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    \19\ See 19 CFR 351.310(d).
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Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and CBP shall assess, AD duties on all appropriate entries 
covered by this review.\20\ We have not calculated any assessment rates 
in this administrative review. Based on record evidence, we have 
preliminarily determined that 17 companies had no shipments of subject 
merchandise and, therefore, pursuant to Commerce's assessment practice, 
any suspended entries that entered under their case numbers, where 
available, will be liquidated at the China-wide entity rate.\21\ For 
all remaining companies subject to this review, which are part of the 
China-wide entity, we will instruct CBP to liquidate their entries at 
the current rate for the China-wide entity (i.e., 183.36 percent). 
Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).
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    \20\ See 19 CFR 351.212(b)(1).
    \21\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    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) The cash deposit rates for the 17 
companies that had no shipments during the POR will remain unchanged 
from the rates assigned to them in the most recently completed segment 
for each company; (2) for previously investigated or reviewed Chinese 
and non-Chinese exporters 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 Chinese 
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); and (4) for all non-
Chinese exporters of subject merchandise that have not received their 
own rate, the cash deposit rate will be the rate applicable to the 
Chinese exporter that supplied that non-Chinese exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Final Results of Review

    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.

Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of AD 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 occurred and the subsequent assessment of double AD 
duties.

[[Page 6139]]

Notification to Interested Parties

    These preliminary results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(l) of the 
Act, and 19 CFR 351.213(h)(1).

    Dated: January 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Companies Not Eligible for a Separate Rate

1. Anhui Hoda Wood Co., Ltd.
2. China Friend Limited.
3. Deqing China-Africa Foreign Trade Port Co., Ltd.
4. Feixian Jinde Wood Factory
5. G.D. Enterprise Limited
6. Henan Hongda Woodcraft Industry Co., Ltd.
7. Jiangsu Qianjiuren International Trading Co., Ltd.
8. Jiangsu Shengyang Industrial Joint Stock Co., Ltd.
9. Jiashan Dalin Wood Industry Co., Ltd.
10. Jiaxing Kaochuan Woodwork Co., Ltd.
11. Leadwood Industrial Corp.
12. Linyi Chengen Import and Export Co., Ltd.
13. Linyi City Dongfang Fukai Wood Industry Co., Ltd.
14. Linyi City Shenrui International Trade Co., Ltd.
15. Linyi Tian He Wooden Industry Co., Ltd.
16. Pizhou Dayun Import & Export Trade Co., Ltd.
17. Pizhou Jin Sheng Yuan International Trade Co., Ltd.
18. Shandong Anxin Timber Co., Ltd.
19. Shandong Huaxin Jiasheng Wood Co., Ltd.
20. Shandong Huiyu International Trade Co., Ltd.
21. Shandong Johnson Trading Co., Ltd.
22. Shanghai S&M Trade Co., Ltd.
23. Smart Gift International
24. Suining Pengxiang Wood Co., Ltd.
25. Suqian Yaorun Trade Co., Ltd
26. Suzhou Dongsheng Wood Co., Ltd.
27. Suzhou Oriental Dragon Import and Export Co., Ltd.
28. Xuzhou Baoqi Wood Product Co., Ltd.
29. Xuzhou Dilun Wood Co. Ltd.
30. Xuzhou Eastern Huatai International Trading Co., Ltd.
31. Xuzhou Hansun Import & Export Co. Ltd.
32. Xuzhou Jiangheng Wood Products Co., Ltd.
33. Xuzhou Maker's Mark Building Materials Co., Ltd.
34. Xuzhou Shenghe Wood Co. Ltd.
35. Xuzhou Shuiwangxing Trading Co., Ltd.
36. Xuzhou Shuner Import & Export Trade Co. Ltd.
37. Xuzhou Tianshan Wood Co., Ltd.
38. Xuzhou Timber International Trade Co., Ltd.
39. Yangzhou Hanov International Co., Ltd.

Appendix II

Companies Preliminarily Found To Have No Shipments

1. Celtic Co., Ltd.
2. Cosco Star International Co., Ltd.
3. Happy Wood Industrial Group Co., Ltd.
4. Jiaxing Hengtong Wood Co., Ltd.
5. Linyi Evergreen Wood Co., Ltd.
6. Linyi Glary Plywood Co., Ltd.
7. Linyi Huasheng Yongbin Wood Co., Ltd.
8. Linyi Jiahe Wood Industry Co., Ltd.
9. Linyi Sanfortune Wood Co., Ltd.
10. Qingdao Top P&Q International Corp.
11. Shandong Qishan International Trading Co., Ltd.
12. Shanghai Brightwood Trading Co., Ltd.
13. Shanghai Futuwood Trading Co., Ltd.
14. Shanghai Luli Trading Co., Ltd.
15. Suqian Hopeway International Trade Co., Ltd.
16. Xuzhou Jiangyang Wood Industries Co., Ltd.
17. Zhejiang Dehua TB Import & Export Co., Ltd.

Appendix III

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

[FR Doc. 2022-02216 Filed 2-2-22; 8:45 am]
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