[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Notices]
[Pages 76452-76454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21225]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-117]


Wood Mouldings and Millwork Products From the People's Republic 
of China: Final Results and Partial Rescission of Antidumping Duty 
Administrative Review; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Fujian Jinquan Trade Co., Ltd./Baiyuan Wood Machining Co., Ltd. 
(Jinquan/Baiyuan) and 22 non-individually examined exporters of wood 
mouldings and millworks products (WMMP) from the People's Republic of 
China (China) sold subject merchandise to the United States at prices 
below normal value (NV) during the period of review (POR), February 01, 
2022, through January 31, 2023. Commerce also determines that Fujian 
Yinfeng Imp & Exp Trading Co., Ltd./Fujian Province Youxi City Mangrove 
Wood Machining Co., Ltd. (Yinfeng/Mangrove) did not sell subject 
merchandise to the United States at prices below NV during the POR. 
Additionally, we are rescinding this review with respect to 12 
companies that had no reviewable entries of subject merchandise during 
the POR.

DATES: Applicable September 18, 2024.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Hannah Lee, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1766 or (202) 482-1216, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 8, 2024, Commerce published the Preliminary Results.\1\ On 
June 22, 2024, Commerce tolled certain deadlines in this administrative 
proceeding by seven days.\2\ The deadline for these preliminary results 
is now September 11, 2024. For events subsequent to the Preliminary 
Results, see the Issues and Decision Memorandum.\3\
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    \1\ See Wood Mouldings and Millwork Products from the People's 
Republic of China: Preliminary Results, Intent To Rescind, in Part, 
and Rescission in Part, of Antidumping Duty Administrative Review; 
2022-2023, 89 FR 16726 (March 8, 2024) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Antidumping Duty Administrative Review Wood Mouldings and 
Millwork Products from the People's Republic of China; 2022-2023,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Scope of the Order 4
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    \4\ See Wood Mouldings and Millwork Products from the People's 
Republic of China: Amended Final Antidumping Duty Determination and 
Antidumping Duty Order, 86 FR 9486 (February 16, 2021) (Order).
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    The merchandise covered by the Order is wood mouldings and millwork 
products. A full description of the scope of the Order is contained in 
the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised by interested parties in briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues addressed in 
the Issues and Decision Memorandum is provided in Appendix I 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.

Changes Since the Preliminary Results

    Based on our review and analysis of the comments received from the 
interested parties, we made one change to the Preliminary Results 
margin calculation for Jinquan/Baiyuan \5\ which resulted in no change 
to its preliminary margin or to the margin assigned to the separate 
rate companies.
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    \5\ See Memorandum, ``Final Results Margin Calculation for 
Jinquan/Baiyuan,'' dated concurrently with this notice (Jinquan/
Baiyuan's Final Calculation Memorandum).
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Partial Rescission

    In the Preliminary Results, we stated that we intended to rescind 
this review with respect to 12 companies \6\ for which Customs and 
Border Protection (CBP) data show no entries of the subject merchandise 
from these companies during the POR.\7\ No party filed comments with 
respect to this preliminary finding and we received no information to 
contradict it. Therefore, we are rescinding this administrative review 
with respect to these companies.
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    \6\ See Appendix III for a list of these companies.
    \7\ See Preliminary Results, 89 FR at 16726.
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Rate for Non-Examined Separate Rate Respondents

    The statute and our regulations do not address the establishment of 
a rate to be assigned to respondents not selected for individual 
examination when we limit our examination of companies subject to the 
administrative review pursuant to section 777A(c)(2)(B) of the Tariff 
Act of 1930, as amended (the Act). Generally, we look 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 respondents not individually examined in an administrative 
review. Under section 735(c)(5)(A) of the Act, the all-others rate is 
normally ``an amount equal to the weighted average of the estimated 
weighted average dumping margins established for exporters and 
producers individually investigated, excluding any zero and de minimis 
margins, and any margins determined entirely {on the basis of facts 
available{time} .'' Accordingly, Commerce's usual practice in 
determining the rate for separate-rate respondents not selected for 
individual examination, has been to average the weighted-average 
dumping margins of the selected companies, excluding rates that are 
zero, de minimis, or based entirely on facts available.\8\ Because in 
these final results of this review we calculated a dumping margin of 
zero for Yinfeng/Mangrove, and a dumping margin that is not zero, de 
minimis, or based entirely on facts available for Jinquan/Baiyuan, we 
assigned the separate-rate recipients a dumping margin equal to 
Jinquan/Baiyuan's final dumping margin consistent with Commerce's 
practice and section 735(c)(5)(B) of the Act.\9\
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    \8\ See section 735(c)(5)(A) of the Act.
    \9\ See Longkou Haimeng Mach. Co. v. United States, 581 F. Supp. 
2d 1344, 1357-60 (CIT 2008) (affirming Commerce's determination to 
assign a 4.22 percent dumping margin to the separate-rate 
respondents in a segment where the three mandatory respondents 
received dumping margins of 4.22 percent, 0.03 percent, and zero 
percent, respectively); see also Certain Kitchen Appliance Shelving 
and Racks from the People's Republic of China: Final Determination 
of Sales at Less Than Fair Value, 74 FR 36656, 36660 (July 24, 
2009).

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[[Page 76453]]

The China-Wide Entity

    In the Preliminary Results, Commerce found that four companies \10\ 
did not establish eligibility for a separate rate because they did not 
file a timely separate rate application or a separate rate 
certification, as appropriate.\11\ No party filed comments with respect 
to this preliminary finding and we received no information to 
contradict it. Therefore, for these final results, we determine these 
four companies to be part of the China-wide entity and assigned them 
the dumping margin for the China-wide entity. Because no party 
requested a review of the China-wide entity, and Commerce no longer 
considers the China-wide entity as an exporter conditionally subject to 
administrative reviews,\12\ we did not conduct a review of the China-
wide entity. Thus, the dumping margin for the China-wide entity, as 
adjusted for export subsidies (i.e., 220.87 percent),\13\ is not 
subject to change as a result of this review.
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    \10\ These companies are: (1) Aventra, Inc. (Aventra); (2) China 
Cornici, Co. Ltd. (China Cornici); (3) Gaomi Hongtai Home Furniture 
Co., Ltd. (Gaomi Hongtai); and (4) and Shuyang Zhongding Decoration 
Materials Co., Ltd. (Shuyang Zhongding).
    \11\ See Preliminary Results PDM at 13.
    \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, 65969-70 (November 
4, 2013).
    \13\ See Order, 86 FR at 9488. The weighted-average dumping 
margin for the China-wide entity (231.60 percent) was adjusted for 
export subsidies to determine the cash deposit rate (220.87 percent) 
for companies in the China-wide entity.
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Final Results of Review

    Commerce determines that the following estimated weighted-average 
dumping margins exist for the period February 1, 2022, through January 
31, 2023:
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    \14\ See Appendix II.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporters                         dumping margin
                                                             (percent)
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Fujian Jinquan Trade Co., Ltd./Baiyuan Wood Machining               4.25
 Co., Ltd...............................................
Yinfeng Imp & Exp Trading Co., Ltd./Fujian Province                 0.00
 Youxi City Mangrove Wood Machining Co., Ltd............
Non-Selected Companies Under Review Receiving a Separate            4.25
 Rate \14\..............................................
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Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days of the date of publication of this notice 
in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and CBP shall assess, antidumping duties on 
all appropriate entries of subject merchandise in accordance with these 
final results of review. Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of these final results. 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).
    Because Jinquan/Baiyuan's ad valorem weighted-average final dumping 
margin is not zero or de minimis (i.e., less than 0.50 percent), we 
have calculated importer-specific assessment rates for this respondent, 
in accordance with 19 CFR 351.212(b)(1).\15\
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    \15\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
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    For sales for which Jinquan/Baiyuan reported entered value, we have 
calculated importer-specific ad valorem assessment rates based on the 
ratio of the total amount of dumping calculated for each importer's 
examined sales to the total entered value of those sales, in accordance 
with 19 CFR 351.212(b)(1). For sales for which Jinquan/Baiyuan did not 
report entered value, we have calculated importer-specific per-unit 
duty assessment rates based on the ratio of the total amount of 
antidumping duties calculated for the examined sales to the total 
quantity of those sales. To determine whether an importer-specific, 
per-unit assessment rate is de minimis, in accordance with 19 CFR 
351.106(c)(2), we also calculated an importer-specific ad valorem ratio 
based on estimated entered values.
    For Yinfeng/Mangrove, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.\16\ For 
entries that were not reported in the U.S. sales databases submitted by 
Yinfeng/Mangrove and Jinquan/Baiyuan during this review, Commerce will 
instruct CBP to liquidate such entries at the China-wide rate (i.e., 
220.87 percent).
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    \16\ See 19 CFR 351.106(c)(2).
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    For the companies identified as part of the China-wide entity 
(i.e., Aventra, China Cornici, Gaomi Hongtai and Shuyang Zhongding), we 
will instruct CBP to apply the China-wide rate (i.e., 220.87 percent) 
to all entries of subject merchandise during the POR which were 
exported by these companies.
    For the 12 companies listed in Appendix III, for which the 
administrative review is rescinded, antidumping duties shall be 
assessed at a rate equal to the cash deposit of estimated antidumping 
duties required at the time of entry, or withdrawal from warehouse, for 
consumption, in accordance with 19 CFR 351.212(c)(1)(i).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
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 Yinfeng/Mangrove, 
the cash deposit rate will be zero; (2) for Jinquan/Baiyuan and the 
other companies which were found eligible for a separate rate, the cash 
deposit rate will be 4.25 percent; (3) for previously investigated or 
reviewed Chinese and non-Chinese exporters not listed above that have 
separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recently completed segment of this 
proceeding in which they were reviewed; (4) 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 equal to the weighted-
average dumping margin for the China-wide entity (i.e., 220.87 
percent); and (5) for all non-Chinese exporters of subject merchandise 
which have not received their own separate rate, the cash deposit rate 
will be the rate applicable to the Chinese exporter(s) that supplied 
that non-Chinese exporter. These per-unit cash deposit requirements, 
when imposed, shall remain in effect until further notice.

[[Page 76454]]

Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final 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 this POR. Failure 
to comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties has 
occurred and the subsequent assessment of double antidumping duties, 
and/or increase in the amount of antidumping duties by the amount of 
the countervailing duties.

Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to an APO 
of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. 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 which 
is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results of administrative 
review and notice in accordance with sections 751(a)(1) and 777(i) of 
the Act and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(2).

    Dated: September 11, 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    General
    Comment 1: Whether to Apply Adverse Facts Available to Yinfeng/
Mangrove and Jinquan/Baiyuan
    Comment 2: Labor Surrogate Value Selection
    Comment 3: Selection of Surrogate Producers
    Comment 4: Market Economy Purchases
    Jinquan/Baiyuan
    Comment 5: Jinquan/Baiyuan's Electricity Offset
    Comment 6: Freight Revenue Cap
    Comment 7: Exclusion of Certain U.S. Sales With Entry Dates 
After the POR
    Comment 8: Valuation of Wood Powder
    Comment 9: Valuation of Radiata Pine Log
    Separate Rate Companies
    Comment 10: Liquidation Instructions for CTIL

Appendix II

Non-Selected Companies Under Review Receiving a Separate Rate

1. Anji Huaxin Bamboo & Wood Products Co., Ltd.
2. Composite Technology International, Limited
3. Fujian Hongjia Craft Products Co., Ltd.
4. Fujian Sanming City Donglai Wood Co., Ltd.
5. Fujian Wangbin Decorative Material Co., Ltd.
6. Fujian Youxi Best Arts & Crafts Co. Ltd.
7. Huaan Longda Wood Industry Co., Ltd.
8. Jiangsu Wenfeng Wood Co., Ltd.
9. Longquan Jiefeng Trade Co., Ltd.
10. Nanping Huatai Wood & Bamboo Co., Ltd.
11. Nicer Window Fashions Co., Ltd.
12. Putian Yihong Wood Industry Co., Ltd.
13. Qimen Jianxing Bamboo and Wood Goods Co., Ltd.
14. Rui Xing Wooden Products Co., Ltd.
15. Shandong Miting Household Co., Ltd.
16. Shaxian Hengtong Wood Industry Co., Ltd.
17. Shaxian Shiyiwood, Ltd.
18. Shuyang Kevin International Co., Ltd.
19. Sun Valley Shade Co., Ltd.
20. Suqian Sulu Import & Export Trading Co., Ltd.
21. Zhangzhou Wangjiamei Industry & Trade Co., Ltd.
22. Zhangzhou Yihong Industrial Co., Ltd.

Appendix III

Companies for Which the Review Is Rescinded

1. Jiangsu Chen Sheng Forestry Development Co., Ltd.
2. Omni One Co., Ltd.
3. Raoping HongRong Handicrafts Co., Ltd.
4. Baixing Import and Export Trading Co., Ltd Youxi Fujian
5. Bel Trade Wood Industrial Co., Ltd. Youxi Fujian
6. Fotiou Frames Limited
7. Fujian Zhangping Kimura Forestry Products Co., Ltd.
8. Homebuild Industries Co., Ltd.
9. Jim Fine Wooden Products Co., Ltd.
10. Shenzhen Xinjintai Industrial Co., Ltd.
11. Tim Feng Manufacturing Co., Ltd.
12. Wuxi Boda Bamboo & Wood Industrial Co., Ltd.

[FR Doc. 2024-21225 Filed 9-17-24; 8:45 am]
BILLING CODE 3510-DS-P