[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Notices]
[Pages 13782-13783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04454]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-052]


Certain Hardwood Plywood Products From the People's Republic of 
China: Final Results of the Expedited First Sunset Review of the 
Countervailing Duty Order

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

SUMMARY: The U.S. Department of Commerce (Commerce) finds that 
revocation of the countervailing duty (CVD) order on certain hardwood 
plywood products (hardwood plywood) from the People's Republic of China 
(China) would be likely to lead to the continuation or recurrence of 
countervailable subsidies at the levels indicated in the ``Final 
Results of Sunset Review'' section of this notice.

DATES: Applicable March 6, 2023.

FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger, 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) 482-2517.

SUPPLEMENTARY INFORMATION: 

Background

    On January 4, 2018, Commerce published in the Federal Register the 
Order on hardwood plywood from China.\1\ On December 1, 2022, Commerce 
published the notice of initiation of the first sunset review of the 
Order, in accordance with section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\2\ On December 13, 2022, Commerce received a timely 
notice of intent to participate from the Coalition for Fair Trade in 
Hardwood Plywood (Coalition), a domestic interested party.\3\ The 
Coalition claimed interested party status under section 771(9)(C) of 
the Act as a group of domestic producers engaged in the production of 
hardwood plywood in the United States.
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    \1\ See Certain Hardwood Plywood Products from the People's 
Republic of China: Countervailing Duty Order, 83 FR 513 (January 4, 
2018) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757 
(December 1, 2022).
    \3\ See Coalition's Letter, ``Notice of Intent to Participate in 
Sunset Review,'' dated December 13, 2022.
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    On January 3, 2023, Commerce received a timely and adequate 
substantive response from the Coalition.\4\ We received no substantive 
responses from any other interested parties, including the Government 
of China, nor was a hearing requested. On January 25, 2023, Commerce 
notified the U.S. International Trade Commission that it did not 
receive an adequate substantive response from respondent interested 
parties.\5\ As a result, pursuant to 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) 
sunset review of the Order.
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    \4\ See Coalition's Letter, ``Substantive Response to the Notice 
of Initiation,'' dated January 3, 2023 (Coalition's Substantive 
Response).
    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on 
December 1, 2022,'' dated January 25, 2023.
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Scope of the Order

    The merchandise covered by the Order is hardwood and decorative 
plywood, and certain veneered panels. For a complete description of the 
scope, see the Issues and Decision Memorandum.\6\
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    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited First Sunset Review of the 
Countervailing Duty Order on Certain Hardwood Plywood Products from 
the People's Republic of China,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in this sunset review are addressed in the 
accompanying Issues and Decision Memorandum, which is hereby adopted by 
this notice. The issues discussed in the Issues and Decision Memorandum 
are the likelihood of continuation or recurrence of countervailable 
subsidies, the net countervailable subsidy rates that are likely to 
prevail, and the nature of the subsidies. A list of the topics 
discussed in the Issues and Decision Memorandum is attached as an 
appendix to this notice.
    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 (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.

[[Page 13783]]

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines that revocation of the Order would be likely to lead to the 
continuation or recurrence of countervailable subsidies at the rates 
listed below:

------------------------------------------------------------------------
                                                               Subsidy
                                                                 rate
                     Producer/exporter                       (percent ad
                                                               valorem)
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Shandong Dongfang Bayley Wood Co., Ltd \7\.................       194.90
Linyi Sanfortune Wood Co., Ltd.............................        22.98
All Others.................................................        22.98
Non-cooperative Companies \8\..............................       194.90
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Administrative Protective Order (APO)
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    \7\ Commerce found that Shandong Dongfang Bayley Wood Co., Ltd. 
is cross-owned with Linyi Yinhe Panel Factory, a producer of subject 
merchandise. Commerce also applied Shandong Dongfang Bayley Wood 
Co., Ltd.'s rate to Linyi Yinhe Panel Factory. See Order, 83 FR at 
516.
    \8\ Fifty-nine non-cooperative companies received a subsidy rate 
based on facts available with an adverse inference. See 
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, 53474 (November 16, 2017).
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    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305. Timely 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 sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218.

    Dated: February 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Countervailable 
Subsidies
    2. Net Countervailable Subsidy Rates that Are Likely to Prevail
    3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023-04454 Filed 3-3-23; 8:45 am]
BILLING CODE 3510-DS-P