[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35785-35788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09580]


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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; 2022-2023

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 did not make sales 
of wooden cabinets and vanities and components thereof (wooden 
cabinets) from the People's Republic of China at less than normal value 
(NV) during the period of review (POR) April 1, 2022, through March 31, 
2023. In addition, Commerce preliminarily determines that 30 companies 
are eligible for a separate rate and 12 companies had no shipments of 
subject merchandise during the POR. Further, Commerce is rescinding 
this review with respect to two companies. Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable May 2, 2024.

FOR FURTHER INFORMATION CONTACT: Garry Kasparov, 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) 482-1397.

SUPPLEMENTARY INFORMATION: 

Background

    On April 21, 2020, Commerce published in the Federal Register the 
antidumping duty (AD) order on wooden cabinets from China.\1\ On June 
12, 2023, Commerce initiated an administrative review of the Order.\2\
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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 Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 38021, 38033 (June 12, 2023).
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    On September 25, 2023, Commerce selected Ancientree and Jiangsu 
Sunwell Cabinetry Co., Ltd. (Sunwell) as the mandatory respondents.\3\ 
On September 27, 2023, Commerce issued the initial AD questionnaire to 
Ancientree and Sunwell.\4\ Sunwell failed to respond to the initial 
questionnaire by the deadline. Consequently, on November 17, 2023, 
Commerce selected Jiangsu Weisen Houseware Co., Ltd. (Weisen) as a 
mandatory respondent.\5\ On November 30, 2023, Commerce extended the 
deadline for the preliminary results of this administrative review 
until April 26, 2024.\6\
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    \3\ See Memorandum, ``Respondent Selection,'' dated September 
25, 2023 (Respondent Selection Memorandum).
    \4\ See Commerce's Letters, ``Initial Questionnaire,'' dated 
September 27, 2023 (Initial AD Questionnaire).
    \5\ See Memorandum, ``Second Respondent Selection,'' dated 
November 17, 2023 (Second Respondent Selection Memorandum).
    \6\ See Memorandum ``Extension of Deadline for Preliminary 
Results,'' dated November 30, 2023.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\7\ 
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 Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://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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    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review, Preliminary 
Determination of No Shipments, and Rescission, in Part, 2022-2023: 
Wooden Cabinets and Vanities and Components Thereof from the 
People's Republic of China,'' 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 Order is wooden cabinets from China. 
For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the 
Act). Because China is a non-market economy (NME) country within the 
meaning of section 771(18) of the Act, we calculated NV in accordance 
with section 773(c) of the Act. For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum.

[[Page 35786]]

Preliminary Determination of No Shipments

    Based on information on the record, Commerce preliminarily 
determines that 12 companies subject to this administrative review had 
no shipments of subject merchandise during the POR.\8\ Commerce is not 
rescinding this review with respect to these companies but, rather, 
intends to complete the review and issue appropriate instructions to 
U.S. Customs and Border Protection (CBP) based on the final results of 
the review.\9\ For additional information regarding these preliminary 
determinations of no shipments, see the Preliminary Decision 
Memorandum.
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    \8\ See Appendix II.
    \9\ 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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Partial Rescission of Review

    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 two companies, Suofeiya Home Collection Co., 
Ltd., and Linyi Bonn Flooring Manufacture Co., Ltd., were timely 
withdrawn within 90 days of the date of publication of the Initiation 
Notice.\10\ As a result, Commerce is rescinding this review with 
respect to both companies in accordance with 19 CFR 351.213(d)(1).
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    \10\ See Suofeiya Home Collection Co., Ltd.'s Letter, 
``Withdrawal of Request for Review,'' dated July 3, 2023, and Linyi 
Bonn Flooring Manufacture Co. Ltd.' Letter ``Withdrawal of Request 
for Administrative Review,'' dated July 11, 2023.
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Separate Rates

    Commerce preliminarily determines that 30 non-individually examined 
companies under review are eligible for separate rates in this 
administrative review.\11\ 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. For the preliminary results of this review, 
Commerce has determined the estimated dumping margins for Ancientree 
and Weisen to be zero. For the reasons explained in the Preliminary 
Decision Memorandum, we are assigning this rate to the non-examined 
respondents which qualify for a separate rate.
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    \11\ See Appendix III; 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,\12\ 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.\13\
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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\ See Order.
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    For these preliminary results, Commerce preliminarily determines 
that 20 companies for which a review was requested, but did not file a 
separate rate application or demonstrate separate rate eligibility, 
including Sunwell, to be part of the China-wide entity.\14\
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    \14\ 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 IV for the list of companies under review that are 
determined to be part of the China-wide entity.
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Preliminary Results of Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist for the administrative review 
covering the period April 1, 2022, through March 31, 2023:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margin
                                                           (percent)
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Jiangsu Weisen Houseware Co., Ltd...................                0.00
The Ancientree Cabinet Co., Ltd.....................                0.00
Non-Examined Companies Receiving a Separate Rate                    0.00
 \15\...............................................
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Disclosure and Public Comment
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    \15\ See Appendix III.
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    Commerce will disclose to parties to this proceeding the 
calculations performed for these preliminary results within five days 
after public announcement of the preliminary results or, if there is no 
public announcement, within five days of the date of publication of 
this notice in the Federal Register, pursuant to 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. 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.\16\ 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.\17\ All briefs must be 
filed electronically using ACCESS. An electronically filed document 
must be received successfully in its entirety in ACCESS by 5:00 p.m. 
Eastern Time on the established deadline.
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    \16\ 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 Procedures).
    \17\ See 19 351.309(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 briefs 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.\18\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not

[[Page 35787]]

including citations. We intend to use the public 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 public 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).\19\
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    \18\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \19\ See APO and Service Procedures.
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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 by 5:00 p.m. Eastern Time 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 issues raised in the briefs. If a request 
for a hearing is made, Commerce will inform parties of the scheduled 
date for the hearing.\20\
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    \20\ See 19 CFR 351.310(d).
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Assessment Rates

    Upon issuing the final results, Commerce will determine, and CBP 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\21\ 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 IV 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.\22\
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    \21\ See 19 CFR 351.212(b)(1).
    \22\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
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    For the companies for which Commerce is not rescinding this 
administrative review, 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 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.

Final Results of Review

    Unless extended, Commerce intends to issue the final results of 
this administrative review, which will include the results of 
Commerce's analysis of the issues raised in case briefs, within 120 
days after the date 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).

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).

    Dated: April 26, 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. Partial Rescission of Administrative Review
IV. Scope of the Order
V. No-Shipment Certifications
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Adjustment Under Section 777A(f) of the Act
IX. Recommendation

Appendix II

Companies Preliminarily Determined To Have No Shipments

1. Anhui Xinyuanda Cupboard Co., Ltd.
2. Dalian Hualing Wood Co., Ltd.
3. Dalian Meisen Woodworking Co., Ltd.
4. Dongguan Ri Sheng Home Furnishing Articles Co., Ltd.
5. Hangzhou Hoca Kitchen & Bath Products Co., Ltd.
6. Kunshan Baiyulan Furniture Co., Ltd.
7. Pizhou Ouyme Import & Export Trade Co., Ltd.
8. Quanzhou Ample Furnishings Co., Ltd.
9. Suzhou Siemo Wood Import & Export Co., Ltd.
10. Tech Forest Cabinetry Co., Ltd.
11. Weifang Fuxing Wood Co., Ltd.
12. Zhoushan For-Strong Wood Co.

Appendix III

Non-Examined Companies Under Review Receiving a Separate Rate

1. Changyi Zhengzheng Woodwork Co., Ltd.
2. Fujian Dushi Wooden Industry Co., Ltd.
3. Fujian Leifeng Cabinetry Co., Ltd.
4. Fuzhou CBM Imp & Exp Co., Ltd.
5. Goldenhome Living Co., Ltd.
6. Guangzhou Nuolande Import and Export Co., Ltd.
7. Honsoar New Building Material Co., Ltd.
8. Jiang Su Rongxin Wood Industry Co., Ltd. (Formerly known as Jiang 
Su Rongxin Cabinets Ltd.)
9. Jiangsu Beichen Wood Co., Ltd.
10. KM Cabinetry Co., Ltd.
11. Linyi Kaipu Furniture Co., Ltd.
12. Morewood Cabinetry Co., Ltd.
13. Qingdao Shousheng Industry Co., Ltd
14. Senke Manufacturing Company
15. Shandong Jinhua Wood Co., Ltd.
16. Shandong Longsen Woods Co., Ltd.

[[Page 35788]]

17. Shanghai Zifeng International Trading Co., Ltd
18. Sheen Lead International Trading (Shanghai) Co., Ltd.
19. Shouguang Fushi Wood Co., Ltd.
20. Taishan Hongxiang Trading Co., Ltd.
21. Taishan Oversea Trading Co., Ltd.
22. Taizhou Overseas Int'l Ltd.
23. Weifang Yuanlin Woodware Co., Ltd.
24. Weihai Jarlin Cabinetry Manufacture Co., Ltd.
25. Xiamen Adler Cabinetry Co., Ltd.
26. Xiamen Golden Huanan Imp & Exp Co., Ltd.
27. Xuzhou Yihe Wood Co., Ltd.
28. Yixing Pengjia Technology Co., Ltd. (formally known as Yixing 
Pengjia Cabinetry Co., Ltd.)
29. Zhangzhou OCA Furniture Co., Ltd.
30. Zhongshan NU Furniture Co., Ltd.

Appendix IV

Companies Determined 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. Jiangsu Sunwell Cabinetry Co., Ltd.
7. Jiangsu Xiangsheng Bedtime Furniture Co., Ltd.
8. Linshu Meibang Furniture Co., Ltd.
9. Linyi Bomei Furniture Co., Ltd
10. Nantong Aershin Cabinets Co., Ltd.
11. Qufu Xinyu Furniture Co., Ltd.
12. Shanghai Beautystar Cabinetry Co., Ltd.
13. Shanghai Zifeng Industries Development Co., Ltd.
14. Shenzhen Pengchengzhirong Trade Co., Ltd.
15. Xiamen Got Cheer Co., Ltd.
16. Yichun Dongmeng Wood Co., Ltd.
17. Yindu Kitchen Equipment Co., Ltd.
18. ZBOM Cabinets Co., Ltd.
19. Zaozhuang New Sharp Import & Export Trading Co., Ltd.
20. Zhongshan KM Cabinetry Co., Ltd.

[FR Doc. 2024-09580 Filed 5-1-24; 8:45 am]
BILLING CODE 3510-DS-P