[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Notices]
[Pages 29086-29089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09572]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-106]


Wooden Cabinet and Vanities and Components Thereof From the 
People's Republic of China: Preliminary Results, Preliminary 
Determination of No Shipments, and Partial Rescission of the 
Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain producers and or/exporters made sales of wooden 
cabinets and vanities and components thereof (cabinets) at less than 
normal value, and eight companies had no shipments of subject 
merchandise during the period of review (POR) April

[[Page 29087]]

1, 2021, through March 31, 2022. Additionally, Commerce is rescinding 
this review with respect to Linyi Bomei Furniture Co., Ltd., and 
Jiangsu Weisen Houseware Co., Ltd. Interested parties are invited to 
comment on the preliminary results of this review.

DATES: Applicable May 5, 2023.

FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis and Jacob Keller, 
AD/CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-3147 and (202) 
482-4849, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 21, 2020, Commerce published in the Federal Register the 
antidumping duty (AD) order on cabinets from the People's Republic of 
China (China).\1\ On April 1, 2022, Commerce published a notice of 
opportunity to request an administrative review of the Order, covering 
the POR, pursuant to section 751(a)(1) of the Tariff Act of 1930, as 
amended (the Act).\2\ On June 9, 2022, based on timely requests for 
review, Commerce initiated an administrative review of the Order 
covering the POR.\3\ The administrative review covers 49 companies, 
including two mandatory respondents, Fujian Dushi Wooden Industry Co., 
Ltd. and The Ancientree Cabinet Co., Ltd.\4\
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    \1\ See Wooden Cabinets and Vanities and Components Thereof from 
the People's Republic of China: Antidumping Duty Order, 85 FR 22126 
(April 21, 2020) (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 63 (April 1, 
2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 111 (June 9, 2022) (Initiation 
Notice).
    \4\ See Memorandum, ``Respondent Selection,'' dated September 
14, 2022.
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Scope of the Order

    The products covered by this Order are wooden cabinets and vanities 
that are for permanent installation (including floor mounted, wall 
mounted, ceiling hung or by attachment of plumbing), and wooden 
components thereof. A full description of the scope of the Order is 
provided in the Preliminary Decision Memorandum.\5\
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results, Preliminary Determination of No Shipments, and Partial 
Rescission,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Preliminary Determination of No Shipments

    Based on information on the record, we preliminarily determine that 
eight companies subject to this administrative review had no shipments 
of subject merchandise during the POR.\6\ Consistent with our practice 
in non-market economy (NME) cases, we are not rescinding this review 
with respect to these companies but, rather, intend to complete the 
review and issue appropriate instructions to U.S. Customs and Border 
Protection (CBP) based on the final results of the review.\7\ For 
additional information regarding these preliminary determinations, see 
the Preliminary Decision Memorandum.
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    \6\ See appendix II.
    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 October 24, 2011); see 
also the ``Assessment Rates'' section, infra.
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Rescission of Review in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party that requested 
a review withdraws its request within 90 days of the date of 
publication of the notice of initiation. The requests for an 
administrative review of the two companies listed in appendix II to 
this notice were withdrawn within 90 days of the date of publication of 
the Initiation Notice.\8\ As a result, Commerce is rescinding this 
review with respect to Jiangsu Weisen Houseware Co., Ltd. and Linyi 
Bomei Furniture Co., Ltd., in accordance with 19 CFR 351.213(d)(1).
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    \8\ See Jiangsu Weisen Houseware Co., Ltd. and Linyi Bomei 
Furniture Co., Ltd.' Letter, ``Withdrawal of Requests for 
Administrative Review,'' dated September 7, 2022.
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Separate Rates

    Commerce preliminarily determines that 23 companies, not 
individually examined and listed in appendix II to this notice, are 
eligible for separate rates in this administrative review.\9\ The Act 
and Commerce's regulations do not address the establishment of a 
separate rate to be applied to companies not selected for individual 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in an investigation, for guidance when 
calculating the rate for separate rate respondents which Commerce did 
not examine individually in an administrative review. Section 
735(c)(5)(A) of the Act states that the all-others rate should be 
calculated by averaging the weighted-average dumping margins calculated 
for individually-examined respondents, excluding dumping margins that 
are zero, de minimis, or based entirely on facts available. For the 
preliminary results of this review, Commerce determined the estimated 
dumping margins for Fujian Dushi Wooden Industry Co., Ltd. and The 
Ancientree Cabinet Co., Ltd. to be 43.00 percent and 7.71 percent, 
respectively. For the reasons explained in the Preliminary Decision 
Memorandum, we are assigning the 11.49 percent rate to the 23 non-
examined respondents which qualify for a separate rate in this review, 
consistent with Commerce's practice and section 735(c)(5)(A) of the 
Act.
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    \9\ See appendix II; see also Preliminary Decision Memorandum at 
the ``Separate Rate Determination'' section for more details.
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China-Wide Entity

    Under Commerce's policy regarding the conditional review of the 
China-wide entity,\10\ the China-wide entity will not be under review 
unless a party specifically requests, or Commerce self-initiates, a 
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the 
entity's rate (i.e., 251.64 percent) is not subject to change.\11\ 
Commerce considers the 16 companies for which a review was requested 
(which did not file a separate rate application or did not demonstrate 
separate rate eligibility) listed in appendix II to this notice, to be 
part of the China-wide entity.\12\
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    \10\ 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).
    \11\ See Order.
    \12\ See Initiation Notice (``All firms listed below that wish 
to qualify for separate rate status in the administrative reviews 
involving NME countries must complete, as appropriate, either a 
separate rate application or certification, as described below.''); 
see also Appendix II for the list of companies that are subject to 
this administrative review that are considered to be part of the 
China-wide entity.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum. A 
list of topics discussed in the Preliminary Decision Memorandum is 
included as appendix I to this notice. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and

[[Page 29088]]

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 found at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exists for the administrative review covering 
the period April 1, 2021, through March 31, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Fujian Dushi Wooden Industry Co., Ltd.......................       43.00
The Ancientree Cabinet Co., Ltd.............................        7.71
Non-Selected Companies Under Review Receiving a Separate           11.49
 Rate \13\..................................................
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Disclosure
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    \13\ See appendix II.
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    Commerce intends to disclose to parties to the proceeding the 
calculations performed for these preliminary results of review within 
five days of the date of publication of this notice in the Federal 
Register in accordance with 19 CFR 351.224(b).

Public Comment

    Interested parties will be provided an opportunity to submit 
written comments (case briefs) at a date to be determined by Commerce. 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed not later than seven days after the date for filing case 
briefs.\14\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be 
limited to issues raised in the case briefs.\15\ Commerce modified 
certain of its requirements for serving documents containing business 
proprietary information until further notice.\16\ Parties who submit 
case briefs or rebuttal briefs in this proceeding 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.\17\
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    \14\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'').
    \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).
    \17\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 
351.303 (for general filing requirements).
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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 publication of this notice. Requests should contain the 
party's name, address, telephone number, the number of participants, 
whether any participant is a foreign national, and a list of the issues 
to be discussed. If a request for a hearing is made, Commerce intends 
to hold the hearing at a time and date to be determined. Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
    Unless the deadline is extended, Commerce intends to issue the 
final results of this review, including the results of its analysis of 
the issues raised in any written briefs, no later than 120 days after 
the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Assessment Rates

    Upon issuing the final results, Commerce will determine, and CBP 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\18\ If the preliminary results are unchanged for the final 
results, we will instruct CBP to apply an ad valorem assessment rate of 
251.64 percent to all entries of subject merchandise during the POR 
which were exported by the companies considered to be a part of the 
China-wide entity listed in appendix II of this notice. If Commerce 
determines that an exporter under review had no shipments of the 
subject merchandise, any suspended entries that entered under that 
exporter's case number (i.e., at that exporter's rate) will be 
liquidated at the China-wide rate.\19\
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    \18\ See 19 CFR 351.212(b)(1).
    \19\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
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    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 the 
subject merchandise from China entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) for the subject merchandise 
exported by the company listed above that has a separate rate, the cash 
deposit rate will be equal to the weighted-average dumping margin 
established in the final results of this administrative review (except, 
if the rate is zero or de minimis, then zero cash deposit will be 
required); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters not listed above that received a separate rate in a 
prior segment of this proceeding, the cash deposit rate will continue 
to be the existing exporter-specific rate; (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 that for the 
China-wide entity; 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 deposit requirements, when imposed, 
shall remain in effect until further notice.

Notification to Importers

    This notice serves as a preliminary 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 these PORs. 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, and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

Notification to Interested Parties

    Commerce is issuing and publishing the preliminary results of this 
review in accordance with sections 751(a)(1)(B), 751(a)(3) and 777(i) 
of the Act, and 19 CFR 351.213(d)(4) and 351.221(b)(4).


[[Page 29089]]


    Dated: April 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Partial Rescission of Administrative Review
IV. Scope of the Order
V. Product Characteristics
VI. No-Shipment Certifications
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Adjustment Under Section 777A(f) of the Act
X. Recommendation

Appendix II

No Shipment Companies

1. Dalian Hualing Wood Co., Ltd.
2. Dalian Meisen Woodworking Co., Ltd.
3. Guangzhou Nuolande Import and Export Co., Ltd.
4. Hangzhou Hoca Kitchen & Bath Products Co., Ltd.
5. Linyi Kaipu Furniture Co., Ltd.
6. Senke Manufacturing Company
7. Shandong Longsen Woods Co., Ltd.
8. Shouguang Fushi Wood Co., Ltd.

Non-Selected Companies Under Review Receiving a Separate Rate

1. Anhui Xinyuanda Cupboard Co., Ltd.
2. Dongguan Ri Sheng Home Furnishing Articles Co., Ltd.
3. Goldenhome Living Co., Ltd.
4. Jiang Su Rongxin Wood Industry Co., Ltd. (Formerly known as Jiang 
Su Rongxin Cabinets Ltd.)
5. Jiangsu Sunwell Cabinetry Co., Ltd.
6. KM Cabinetry Co., Ltd.
7. Kunshan Baiyulan Furniture Co., Ltd.
8. Morewood Cabinetry Co., Ltd.
9. Nantong Aershin Cabinets Co., Ltd.
10. Quanzhou Ample Furnishings Co., Ltd.
11. Qufu Xinyu Furniture Co., Ltd.
12. Shanghai Beautystar Cabinetry Co., Ltd.
13. Shanghai Zifeng International Trading Co., Ltd.
14. Sheen Lead International Trading (Shanghai) Co., Ltd.
15. Taishan Oversea Trading Co., Ltd.
16. Taizhou Overseas Int'l Ltd.
17. Tech Forest Cabinetry Co., Ltd.
18. Weifang Fuxing Wood Co., Ltd.
19. Xiamen Adler Cabinetry Co., Ltd.
20. Yichun Dongmeng Wood Co., Ltd.
21. Yixing Pengjia Technology Co., Ltd. (Formerly known as Yixing 
Pengjia Cabinetry Co., Ltd.)
22. Zhangzhou OCA Furniture Co., Ltd.
23. Zhoushan For-strong Wood Co., Ltd.

Companies Considered To Be Part of the China-Wide Entity

1. Deqing Meisheng Import and Export Co., Ltd.
2. Fujian Senyi Kitchen Cabinet Co., Ltd.
3. Fuzhou Hauster Kitchen Cabinet Manufacturing Co., Ltd.
4. Fuzhou Pyrashine Trading Co., Ltd.
5. Jiang Su Rongxin Import and Export Co., Ltd.
6. Linshu Meibang Furniture Co., Ltd.
7. Shanghai Zifeng Industries Development Co., Ltd.
8. Shenzhen Pengchengzhirong Trade Co., Ltd.
9. Suzhou Siemo Wood Import & Export Co., Ltd.
10. Weihai Jarlin Cabinetry Manufacture Co., Ltd.
11. Weisen Houseware Co., Ltd.
12. Xiamen Got Cheer Co., Ltd.
13. Yindu Kitchen Equipment Co., Ltd.
14. Zaozhuang New Sharp Import & Export Trading Co., Ltd.
15. ZBOM Cabinets Co., Ltd.
16. Zhongshan KM Cabinetry Co., Ltd.

Companies Subject to Rescission of Review

1. Jiangsu Weisen Houseware Co., Ltd.
2. Linyi Bomei Furniture Co., Ltd.

[FR Doc. 2023-09572 Filed 5-4-23; 8:45 am]
BILLING CODE 3510-DS-P