[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10290-10292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03329]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-051]


Certain Hardwood Plywood Products From the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) continues to 
determine 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 
continues to determine 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 February 17, 2023.

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 October 17, 2022, Commerce published the Preliminary Results of 
this administrative review.\1\ We invited parties to comment on the 
Preliminary Results. A complete summary of the events that occurred 
since publication of the Preliminary Results may be found in the Issues 
and Decision Memorandum.\2\
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    \1\ See Certain Hardwood Plywood from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review 
and Preliminary Determination of No Shipments; 2021, 87 FR 62791 
(October 17, 2022) (Preliminary Results).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Certain Hardwood Plywood Products from the People's 
Republic of China; 2021,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order 3
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    \3\ 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).
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    The merchandise covered by the Order is hardwood plywood from 
China. A full description of the scope of the Order is contained in the 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised and to which we responded in the Issues and Decision Memorandum 
is attached to this notice in Appendix II. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System

[[Page 10291]]

(ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and the comment received from 
interested parties, we made no changes to the Preliminary Results.

Final Determination of No Shipments

    Commerce preliminarily found that six exporters did not ship 
subject merchandise during the POR.\4\ As noted in the Preliminary 
Results, we received no-shipment statements from these exporters, and 
their statements were consistent with the information we received from 
U.S. Customs and Border Protection (CBP).\5\ Therefore, for these final 
results, we continue to find that these six exporters had no shipments 
of subject merchandise to the United States during the POR.
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    \4\ These six exporters are: (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.
    \5\ 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 (collectively, CBP No Shipment Inquiries).
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China-Wide Entity

    With the exception of the aforementioned six exporters that 
submitted no-shipment certifications, we find all other companies for 
which a review was requested to be part of the China-wide entity. 
Accordingly, the companies listed in Appendix I are part of the China-
wide entity.\6\
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    \6\ See Appendix I.
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    Because no party requested a review of the China-wide entity, we 
did not conduct a review of the China-wide entity. The rate previously 
established for the China-wide entity is 183.36 percent and is not 
subject to change as a result of this review.\7\
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    \7\ See Order.
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Assessment Rates

    We have not calculated any assessment rates in this administrative 
review. Based on record evidence, we have determined that the 
aforementioned six companies had no shipments of subject merchandise 
and, therefore, pursuant to Commerce's assessment practice, any 
suspended entries entered under their case numbers will be liquidated 
at the China-wide entity rate.\8\
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    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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    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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of 
subject merchandise from China entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Tariff Act of 1930, as amended (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, and which were not assigned the China-wide 
rate in this review, 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 
(including the companies listed in Appendix I), the cash deposit rate 
will be that for the China-wide entity (i.e., 183.36 percent); and (4) 
for all non-Chinese exporters of subject merchandise which 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 cash deposit requirements, when imposed, shall remain 
in effect until further notice.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 315.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO, in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation subject 
to sanction.

Notification to Interested Parties

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

    Dated: February 10, 2023.
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

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issue

[[Page 10292]]

    Comment: Commerce Should Ensure that All Subject Merchandise Is 
Subject to the Appropriate Duties
V. Recommendation

[FR Doc. 2023-03329 Filed 2-16-23; 8:45 am]
BILLING CODE 3510-DS-P