[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Notices]
[Pages 62791-62793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22442]


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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; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that six 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, 2021, through December 31, 2021. Commerce also 
preliminarily determines that the remaining 14 companies subject to 
this review are part of the China-wide entity because they did not 
demonstrate eligibility for separate rates.

DATES: Applicable October 17, 2022.

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 in the Federal Register the 
antidumping duty order on hardwood plywood from China.\1\ On January 
11, 2022, Commerce published in the Federal Register a notice of 
opportunity to request an administrative review of the Order.\2\ On 
March 9, 2022, based on a timely request for an administrative review, 
Commerce initiated the administrative review with respect to 20 
exporters.\3\ Subsequently, we released U.S. Customs and Border 
Protection (CBP) data to interested parties for comment.\4\
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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 Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 1396 (January 11, 
2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 13252 (March 9, 2022).
    \4\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Data,'' dated March 15, 2022.
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    Between March 17 and April 8, 2022, we received timely no-shipment 
certifications from six 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.
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    \5\ We received timely no-shipment certifications from the 
following companies: (1) Cosco Star International Co., Ltd.; (2) 
Linyi Evergreen Wood Co., Ltd.; (3) Linyi Huasheng Yongbin Wood Co., 
Ltd.; (4) Linyi Sanfortune Wood Co., Ltd.; (5) Shanghai Luli Trading 
Co., Ltd.; and (6) Suqian Hopeway International Trade Co., Ltd.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\6\ A list of topics discussed in the Preliminary Decision 
Memorandum is included at 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 https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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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; 
2021,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the scope of this Order is hardwood 
plywood from China. A complete description of the scope of the Order is 
contained in the Preliminary Decision Memorandum.\7\
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    \7\ 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 six 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 six companies that submitted no-
shipment claims, and CBP responded that it has no record of any subject 
entries for these six inquiries.\8\ For additional information 
regarding this determination, see the Preliminary Decision Memorandum. 
Consistent with our assessment in non-market economy administrative 
reviews,\9\ Commerce is not rescinding this review for these six 
companies.\10\ Commerce intends to complete this review and issue 
appropriate instructions to CBP based on the final results of this 
review.
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    \8\ See Memoranda, ``No Shipment Inquiry for Suqian Hopeway 
International Trade Co., Ltd. During the Period 01/01/2021 through 
12/31/2021,'' dated May 20, 2022; ``No Shipment Inquiry for Shanghai 
Luli Trading Co., Ltd. During the Period 01/01/2021 through 12/31/
2021,'' dated May 20, 2022; and ``No Shipment Inquiry for Certain 
Companies During the Period 01/01/2021 through 12/31/2021,'' dated 
June 13, 2022.
    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME 
Proceedings); see also ``Assessment Rates'' section, infra.
    \10\ See Appendix II.
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Separate Rates

    Because the other 14 companies under review did not submit an SRA 
or SRC, Commerce preliminarily determines that these companies have not 
demonstrated their eligibility for separate rates.\11\ For additional 
information, see the Preliminary Decision Memorandum.
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    \11\ 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.\12\ 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.\13\ 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.\14\ For additional information, see the Preliminary 
Decision Memorandum.
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    \12\ 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).
    \13\ Id.
    \14\ See Order, 83 FR at 512.

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[[Page 62792]]

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. Rebuttal briefs, limited to issues raised in 
case briefs, may be submitted no later than seven days after the 
deadline date for case briefs.\15\ 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 
portions of its requirements for serving documents containing business 
proprietary information, until further notice.\16\
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    \15\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \16\ 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.\17\ Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date. An electronically filed hearing 
request must be received successfully in its entirety by ACCESS by 5:00 
p.m. Eastern Time on the established deadline.
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    \17\ See 19 CFR 351.310(d).
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Assessment Rates

    Upon issuance of the final results of this review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.\18\ We have not calculated any 
assessment rates in this administrative review. Based on record 
evidence, we have preliminarily determined that six 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.\19\ 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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    \18\ See 19 CFR 351.212(b)(1).
    \19\ For a full discussion of this practice, see NME 
Proceedings.
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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 six 
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,\20\ 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.
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    \20\ See Appendix I.
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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 antidumping 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 antidumping and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties.

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: October 3, 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. Happy Wood Industrial Group Co., Ltd.
3. Jiaxing Hengtong Wood Co., Ltd.
4. Linyi Chengen Import and Export Co., Ltd.
5. Linyi Glary Plywood Co., Ltd.
6. Linyi Jiahe Wood Industry Co., Ltd.
7. Qingdao Top P&Q International Corp.
8. Shanghai Brightwood Trading Co., Ltd.
9. Shanghai Futuwood Trading Co., Ltd.
10. Suzhou Oriental Dragon Import and Export Co., Ltd.
11. Xuzhou Jiangheng Wood Products Co., Ltd.
12. Xuzhou Jiangyang Wood Industries Co., Ltd.
13. Xuzhou Timber International Trade Co., Ltd.
14. Zhejiang Dehua TB Import & Export Co., Ltd.

Appendix II--Companies Preliminarily Found To Have No Shipments

1. Cosco Star International Co., Ltd.
2. Linyi Evergreen Wood Co., Ltd.
3. Linyi Huasheng Yongbin Wood Co., Ltd.
4. Linyi Sanfortune Wood Co., Ltd.
5. Shanghai Luli Trading Co., Ltd.
6. Suqian Hopeway International Trade 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

[[Page 62793]]

V. Recommendation

[FR Doc. 2022-22442 Filed 10-14-22; 8:45 am]
BILLING CODE 3510-DS-P