[Federal Register Volume 89, Number 44 (Tuesday, March 5, 2024)]
[Notices]
[Pages 15816-15818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04624]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-118]
Wood Mouldings and Millwork Products From the People's Republic
of China: Preliminary Results and Partial Rescission of Countervailing
Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of wood moulding and millwork products
(millwork products) from the People's Republic of China (China) during
the period of review (POR), January 1, 2022, through December 31, 2022.
In addition, Commerce is rescinding this review with respect to 17
companies. Interested parties are invited to comment on these
preliminary results of review.
DATES: Applicable March 5, 2024.
FOR FURTHER INFORMATION CONTACT: Craig Matney or Faris Montgomery, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-2429 or (202)
482-1537, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 16, 2021, Commerce published a countervailing duty
(CVD) order on millwork products from China.\1\ The Coalition of
American Millwork Producers (the petitioner) and other interested
parties requested that Commerce conduct an administrative review of the
Order. On April 11, 2023, Commerce published in the Federal Register a
notice of initiation of an administrative review of the Order.\2\ We
initiated an administrative review of 41 producers/exporters of
millwork products from China for the POR. On July 10, 2023, Commerce
selected Fujian Jinquan Trade Co., Ltd. (Jinquan) and Fujian Yinfeng
Imp & Exp Trading Co., Ltd. (Yinfeng) as the mandatory respondents in
this administrative review.\3\
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\1\ See Wood Mouldings and Millwork Products from the People's
Republic of China: Countervailing Duty Order, 86 FR 9484 (February
16, 2021) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 21609 (April 11, 2023) (Initiation
Notice).
\3\ See Memorandum, ``Respondent Selection,'' dated July 10,
2023.
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On October 2, 2023, Commerce extended the deadline for the
preliminary results of this review to no later than February 28,
2024.\4\
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\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2022,'' dated
October 2, 2023.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
included at Appendix I. 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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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Wood
Mouldings and Millwork Products from the People's Republic of China;
2022,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The products covered by the Order are millwork products from China.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. On July 7,
2023, Jeld-Wen, Inc. timely withdrew its request for review for two of
the eight companies for which it had requested a review.\6\ On July 10,
2023, the petitioner timely withdrew its requests for review of four
companies.\7\ For each of the companies for which all requests for
review were timely withdrawn and which are not cross-owned with a
mandatory respondent, we are rescinding this review, in part, with
respect to these companies pursuant to 19 CFR 351.213(d)(1).\8\
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\6\ See Jeld-Wen's Letter, ``Withdrawal of Request for
Administrative Review,'' dated July 7, 2023.
\7\ See Petitioner's Letter, ``Withdrawal of Request for
Administrative Review,'' dated July 10, 2023.
\8\ See Appendix II for a list of companies for which we are
rescinding the review due to the timely withdrawal of the requests
for review.
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On September 14, 2023, Commerce notified interested parties that it
intended to rescind this administrative review with respect to certain
companies, in the absence of suspended entries during the POR.\9\ Two
companies listed in our Intent to Rescind Memorandum, Anji Huaxin
Bamboo & Wood Products Co., Ltd. and Composite Technology
International, Limited, submitted comments claiming that they had
entries of subject merchandise during the POR.\10\ As we require more
time to fully examine the companies' claims and request additional
information, if necessary, we are not rescinding the review of these
two companies at this time, and will make a determination in the final
results. With respect to the remaining 13 companies noted in our Intent
to Rescind Memorandum and for which all review requests were not timely
withdrawn,\11\ we find that there were no reviewable entries of subject
merchandise during the POR. As a result, we are rescinding this review,
pursuant to 19 CFR 351.213(d)(3), with respect to these companies. On
May 11, 2023, Homebuild Industries Co., Ltd.
[[Page 15817]]
(Homebuild) certified that it had no reviewable entries during the
POR.\12\ Commerce solicited information from U.S. Customs and Border
Protection (CBP) regarding this claim and placed CBP's response on the
record on February 15, 2024; \13\ no party commented on this
information. We are preliminarily not rescinding this review regarding
Homebuild at this time, and will fully examine the record evidence on
this issue for the final results.
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\9\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated September 14, 2023 (Intent to Rescind Memorandum).
\10\ See Anji Huaxin's Letter, ``Comments on Notice of Intent to
Rescind Review, In Part,'' dated September 28, 2023; see also
Composite Technology International's Letter, ``Comments on Notice of
Intent to Rescind Review, In Part,'' dated September 28, 2023.
\11\ See Appendix III for a list of these 13 companies.
\12\ See Homebuild Industries Letter, ``Certification of No
Sales, Shipments, or Entries,'' dated May 11, 2023.
\13\ See Memorandum, ``Entry Documents Requested,'' dated
February 15, 2024, at Attachments 1 and 2.
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For further information regarding this determination, see ``Final
Rescission of Administrative Review, In Part'' section in the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a financial contribution by an
``authority'' that confers a benefit to the recipient, and that the
subsidy is specific.\14\ For a full description of the methodology
underlying our preliminary conclusions, including our reliance, in
part, on adverse facts available pursuant to sections 776(a) and (b) of
the Act, see the Preliminary Decision Memorandum.
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\14\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Preliminary Rate for Non-Selected Companies Under Review
As discussed above, Commerce initiated this administrative review
with respect to 41 producers/exporters. We are rescinding the review
for four companies for which all requests for administrative review
were timely withdrawn and for 13 companies that had no suspended
entries during the POR. Commerce selected two mandatory respondents,
Jinquan and Yinfeng, for individual examination.\15\ For the remaining
21 non-selected companies subject to this review, because the rates
calculated for mandatory respondents Jinquan and Yinfeng were above de
minimis and not based entirely on facts available, we applied a
preliminary subsidy rate based on a weighted average of the rates
calculated for the two mandatory respondents using the publicly-ranged
sales data they submitted on the record. This methodology is consistent
with our practice for establishing an all-others subsidy rate pursuant
to section 705(c)(5)(A) of the Act. For further information on the
calculation of the non-selected respondent rate, refer to the section
in the Preliminary Decision Memorandum entitled ``Non-Selected
Companies Under Review.'' For a list of the non-selected companies, see
Appendix IV to this notice.
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\15\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily finds that Fujian Province Youxi City
Mangrove Wood Machining Co., Ltd., which was listed separately in
the Initiation Notice, is cross-owned with Yinfeng.
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Preliminary Results of Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated a
countervailable subsidy rate for each of the mandatory respondents,
Jinquan and Yinfeng, and their cross-owned affiliates, where
applicable. We preliminarily find the following estimated
countervailable subsidy rates exist:
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\16\ As discussed in the Preliminary Decision Memorandum,
consistent with the prior administrative review, Commerce continues
to find Fujian Province Youxi County Baiyuan Wood Machining Co.,
Ltd. to be cross-owned with Jinquan. Fujian Province Youxi County
Baiyuan Wood Machining Co., Ltd. was listed separately in the
Initiation Notice.
\17\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily finds the following companies to be cross-
owned with Yinfeng: Fujian Province Youxi City Mangrove Wood
Machining Co., Ltd.; and Fujian Province Youxi City Mangrove Wood
Machining Co., Ltd. Youxi Xicheng Branch. Fujian Province Youxi City
Mangrove Wood Machining Co., Ltd. was listed separately in the
Initiation Notice.
\18\ See Appendix IV for a list of the non-selected companies
under review.
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Subsidy rate
Producer/exporter (percent ad
valorem)
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Fujian Jinquan Trade Co., Ltd.\16\...................... 20.65
Fujian Yinfeng Imp & Exp Trading Co., Ltd.\17\.......... 23.22
Non-Selected Companies Under Review \18\................ 22.82
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Verification
Commerce received a timely request from the petitioner to verify
the information submitted in this administrative review, pursuant to 19
CFR 351.307(b)(1)(iv).\19\ Commerce does not intend to verify the
information submitted by the mandatory respondents in the course of
this administrative review.\20\
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\19\ See Petitioner's Letter, ``Request for Verification,''
dated July 20, 2023.
\20\ Commerce conducted verification in the previous
administrative review. See Wood Mouldings and Millwork Products from
the People's Republic of China: Final Results and Partial Rescission
of Countervailing Duty Administrative Review; 2020-2021, 88 FR 62319
(September 11, 2023).
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after the date of publication of this notice.\21\ Pursuant to
19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs to
Commerce no later than 30 days after the date of the publication of
this notice.\22\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\23\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\24\
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\21\ See 19 CFR 351.224(b).
\22\ See 19 CFR 351.309.
\23\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\24\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\25\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\26\
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\25\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\26\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. 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. Issues raised in the hearing
[[Page 15818]]
will be limited to those raised in the respective case briefs. An
electronically filed hearing request must be received successfully in
its entirety by Commerce's electronic records system, ACCESS, by 5 p.m.
Eastern Time within 30 days after the date of publication of this
notice.
Final Results
Unless the deadline is extended, we intend to issue the final
results of this administrative review, which will include the results
of our analysis of the issues raised in the case briefs, within 120
days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rates
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts for the producer/exporters shown
above. Upon completion of the administrative review, consistent with
section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall
determine, and CBP shall assess, countervailing duties on all
appropriate entries covered by this review.
For the companies for which this review is rescinded, Commerce will
instruct CBP to assess countervailing duties on all appropriate entries
at a rate equal to the cash deposit of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption, during the period January 1, 2022, through December 31,
2022, in accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to
issue assessment instructions to CBP for these companies no earlier
than 35 days after the publication of the preliminary results of this
review in the Federal Register.
For the companies for which this review is not rescinded, 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
In accordance with section 751(a)(1) of the Act, Commerce intends,
upon publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts shown for
each of the respective companies listed above and in Appendix IV on
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review. For all non-reviewed firms, we
will instruct CBP to continue to collect cash deposits at the most
recent company-specific or all-others rate applicable to the company.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: February 28, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Final Rescission of Review, in Part
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Diversification of China's Economy
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Subsidies Valuation
IX. Interest Rate Benchmarks, Discount Rates, Inputs, Land-Use and
Electricity Benchmarks
X. Analysis of Programs
XI. Recommendation
Appendix II
Companies for Which All Review Requests Were Timely Withdrawn \27\
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\27\ Commerce received timely requests to withdraw the review
for Fujian Province Youxi County Baiyuan Wood Machining Co., Ltd.
(Baiyuan) and Suqian Sulu Import & Export Trading Co., Ltd. (Sulu).
As discussed above, Baiyuan is the cross-owned affiliate of
mandatory respondent Jinquan. In addition, Commerce received review
requests for Sulu from both the petitioner and Sulu; but only the
petitioner's request was withdrawn. Accordingly, we are not
rescinding this review for either Baiyuan or Sulu.
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1. Fujian Sanming City Donglai Wood Co., Ltd.
2. Xiamen Jinxi Building Material Co., Ltd.
3. Zhangzhou Green Wood Industry and Trade Co., Ltd.
4. Zhejiang Senya Board Industry Co., Ltd.
Appendix III
Companies for Which the Review Is Rescinded Due to No Reviewable
Entries
1. Aventra Inc.
2. Baixing Import and Export Trading Co., Ltd Youxi Fujian
3. Bel Trade Wood Industrial Co.
4. Bel Trade Wood Industrial Co., Ltd Youxi Fujian
5. Cao County Hengda Wood Products Co., Ltd.
6. China Cornici Co. Ltd.
7. Fujian Shunchang Shengsheng Wood Industry Limited Company
8. Fujian Zhangping Kimura Forestry Products Co., Ltd.
9. Jiangsu Chensheng Forestry Development Co., Ltd.
10. Omni One Co., Limited
11. Raoping HongRong Handicrafts Co., Ltd. (d.b.a. Chen Chui Global
Corp.)
12. Shenzhen Xinjintai Industrial Co., Ltd.
13. Wuxi Boda Bamboo & Wood Industrial Co., Ltd.
Appendix IV
Non-Selected Companies Under Review
1. Anji Huaxin Bamboo & Wood Products Co., Ltd.
2. Composite Technology International, Limited \28\
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\28\ As discussed in the Preliminary Decision Memorandum, this
company objected to Commerce's Intent to Rescind Memorandum;
Commerce will continue to consider this company's entry claim and
whether or not it is appropriate to rescind the review with respect
to this company for the final results.
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3. Fotiou Frames Limited \29\
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\29\ As discussed in the Preliminary Decision Memorandum, this
company objected to Commerce's Intent to Rescind Memorandum;
Commerce will continue to consider this company's entry claim and
whether or not it is appropriate to rescind the review with respect
to this company for the final results.
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4. Fujian Hongjia Craft Products Co., Ltd.
5. Fujian Wangbin Decorative Material Co., Ltd.
6. Fujian Youxi Best Arts & Crafts Co. Ltd.
7. Homebuild Industries Co., Ltd.
8. Huaan Longda Wood Industry Co., Ltd.
9. Jiangsu Wenfeng Wood Co., Ltd.
10. Longquan Jiefeng Trade Co., Ltd.
11. Nanping Huatai Wood & Bamboo Co., Ltd.
12. Nanping Huatai Wood and Bamboo Co., Ltd.
13. Putian Yihong Wood Industry Co., Ltd.
14. Shandong Miting Household Co., Ltd.
15. Shaxian Hengtong Wood Industry Co., Ltd.
16. Shaxian Shiyiwood, Ltd.
17. Shuyang Kevin International Co., Ltd.
18. Shuyang Zhongding Decoration Materials Co., Ltd.
19. Suqian Sulu Import & Export Trading Co., Ltd.
20. Zhangzhou Wangjiamei Industry & Trade Co., Ltd.
21. Zhangzhou Yihong Industrial Co., Ltd.
[FR Doc. 2024-04624 Filed 3-4-24; 8:45 am]
BILLING CODE 3510-DS-P