[Federal Register Volume 90, Number 114 (Monday, June 16, 2025)]
[Notices]
[Pages 25225-25230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11075]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-212, C-560-845, C-552-852]
Hardwood and Decorative Plywood From the People's Republic of
China, Indonesia, the Socialist Republic of Vietnam: Initiation of
Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable June 11, 2025.
FOR FURTHER INFORMATION CONTACT: Rebecca Janz (the People's Republic of
China (China)), Samuel Evans (Indonesia), and Sofia Pedrelli (the
Socialist Republic of Vietnam (Vietnam)), AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-2972, (202) 482-2420, and (202) 482-4310,
respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On May 22, 2025, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
hardwood and decorative plywood from China, Indonesia, and Vietnam
filed in proper form on behalf of the Coalition for Fair Trade in
Hardwood Plywood (the petitioner),\1\ the members of which are domestic
producers of hardwood and decorative plywood.\2\ The CVD Petitions were
accompanied by antidumping duty (AD) petitions concerning imports of
hardwood and decorative plywood from China, Indonesia, and Vietnam.\3\
---------------------------------------------------------------------------
\1\ The members of the Coalition for Fair Trade in Hardwood
Plywood (the Coalition) are Columbia Forest Products (Columbia
Forest), Commonwealth Plywood Inc. (Commonwealth Plywood), Manthei
Wood Products (Manthei), States Industries LLC (States Industries),
and Timber Products Company (Timber Products).
\2\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated May 22, 2025
(Petitions).
\3\ Id.
---------------------------------------------------------------------------
Between May 23 and June 9, 2025, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in
supplemental questionnaires.\4\ Between May 29 and June 10, 2025, the
petitioner filed timely responses to these requests for additional
information.\5\
---------------------------------------------------------------------------
\4\ See Commerce's Letters, ``Supplemental Questions,'' dated
May 28, 2025 (First General Issues Questionnaire) and ``Supplemental
Questions,'' dated June 9, 2025 (Third General Issues
Questionnaire); see also ``Country-Specific CVD Supplemental
Questionnaires: China CVD Supplemental, Indonesia CVD Supplemental,
and Vietnam CVD Supplemental,'' dated May 23, 2025; Country-Specific
Second CVD Supplemental Questionnaires: Indonesia Second CVD
Supplemental and Vietnam Second CVD Supplemental,'' dated May 28,
2025; and Memorandum, ``Teleconference with Counsel to the
Petitioner,'' dated June 4, 2025 (June 4, 2025, Memorandum).
\5\ See Petitioner's Letter, ``Petitioner Response to the 1st
Supplemental Questionnaire Regarding Common Issues and Injury Volume
I of the Petition,'' dated May 30, 2025 (First General Issues
Supplement); see also ``Country-Specific CVD Supplemental Responses:
China CVD Supplement, Indonesia First and Second CVD Supplements,
and Vietnam First and Second CVD Supplements,'' dated May 29, 2025;
``Petitioner's Response to the 2nd Supplemental Questionnaire
Regarding Common Issues and Injury Volume I of the Petition,'' dated
June 9, 2025 (Second General Issues Supplement), and ``Petitioner's
Response to the 3rd Supplemental Questionnaire Regarding Common
Issues and Injury Volume I of the Petition,'' dated June 10, 2025
(Third General Issues Supplement).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of China
(GOC), Government of Indonesia (GOI), and Government of Vietnam (GOV),
(collectively, Governments) are providing countervailable subsidies,
within the meaning of sections 701 and 771(5) of the Act, to producers
of hardwood and decorative plywood in China, Indonesia, and Vietnam,
and that such imports are materially injuring, or threatening material
injury to, the domestic industry producing hardwood and decorative
plywood in the United States. Consistent with section 702(b)(1) of the
Act and 19 CFR 351.202(b), for those alleged programs on which we are
initiating CVD investigations, the Petitions were accompanied by
information reasonably available to the petitioner supporting its
allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(F) of the Act.\6\ Commerce also finds that
the petitioner demonstrated sufficient industry support with respect to
the initiation of the requested CVD investigations.\7\
---------------------------------------------------------------------------
\6\ Columbia Forest, Commonwealth Plywood, Manthei, States
Industries, and Timber Products are interested parties under section
771(9)(C) of the Act, while the Coalition is an interested party
under section 771(9)(F) of the Act.
\7\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on May 22, 2025, the period of
investigation for the China, Indonesia, and Vietnam CVD investigations
is January 1, 2024, through December 31, 2024.\8\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
Scope of the Investigations
The product covered by these investigations is hardwood and
decorative plywood from China, Indonesia, and Vietnam. For a full
description of the scope of these investigations, see the appendix to
this notice.
Comments on the Scope of the Investigations
Between May 28 and June 9, 2025, Commerce requested information and
clarification from the petitioner regarding the proposed scope to
ensure that the scope language in the Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\9\ Between June 2 and June 10, 2025, the petitioner provided
clarifications and revised the scope.\10\ The description of
merchandise covered by these investigations, as described in the
appendix to this notice, reflects these clarifications.
---------------------------------------------------------------------------
\9\ See First General Issues Questionnaire; see also June 4,
2025, Memorandum; and Third General Issues Questionnaire
\10\ See First General Issues Supplement at 2-7 and Exhibits I-
Supp-5 and I-Supp-6; see also Second General Issues Supplement at 1-
4 and Exhibits I-Supp2-1 and I-Supp2-2; and Third General Issues
Supplement at 1-2 and Exhibit I-Supp3-2.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\11\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information, all such
factual information should be limited to public information.\12\
Commerce requests that interested parties provide at the beginning of
their scope comments a public executive summary for each comment or
issue raised in their submission. Commerce further requests that
interested parties limit
[[Page 25226]]
their public executive summary of each comment or issue to no more than
450 words, not including citations. Commerce intends to use the public
executive summaries as the basis of the comment summaries included in
the analysis of scope comments. To facilitate preparation of its
questionnaires, Commerce requests that scope comments be submitted by
5:00 p.m. Eastern Time (ET) on July 1, 2025, which is 20 calendar days
from the signature date of this notice. Any rebuttal comments, which
may include factual information, and should also be limited to public
information, must be filed by 5:00 p.m. ET on July 11, 2025, which is
10 calendar days from the initial comment deadline.
---------------------------------------------------------------------------
\11\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\12\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during that time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\13\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\13\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the Governments of the receipt of the Petitions and provided
an opportunity for consultations with respect to the Petitions.\14\
Commerce held consultations with the GOI and GOV, respectively, on June
5, 2025.\15\ The GOC did not request consultations.\16\
---------------------------------------------------------------------------
\14\ See Commerce's Letters, ``Invitation for Consultations to
Discuss the Countervailing Duty Petition,'' dated May 22, 2025.
\15\ See Memorandum, ``Consultations with the Government of
Indonesia,'' dated June 6, 2025; see also GOI's Letter,
``Consultation Paper,'' dated June 5, 2025; Memorandum,
``Consultations with the Government of Vietnam,'' dated June 6,
2025; and GOV's Letter, ``Comments on Countervailing Duty
Petition,'' dated June 6, 2025.
\16\ The GOC submitted comments on the China, Indonesia, and
Vietnam CVD Petitions. See GOC's Letters, ``Comments on
Countervailing Duty Petition on Hardwood and Decorative Plywood from
the People's Republic of China,'' dated June 6, 2025; ``Comments on
Countervailing Duty Petition on Hardwood and Decorative Plywood from
Indonesia,'' dated June 6, 2025; and ``Comments on Countervailing
Duty Petition on Hardwood and Decorative Plywood from the Socialist
Republic of Vietnam,'' dated June 6, 2025.
---------------------------------------------------------------------------
Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\17\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\18\
---------------------------------------------------------------------------
\17\ See section 771(10) of the Act.
\18\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\19\ Based on our analysis of the information
submitted on the record, we have determined that hardwood and
decorative plywood, as defined in the scope, constitutes a single
domestic like product, and we have analyzed industry support in terms
of that domestic like product.\20\
---------------------------------------------------------------------------
\19\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Countervailing Duty Investigation Initiation
Checklists: Hardwood and Decorative Plywood from the People's
Republic of China, Indonesia, and the Socialist Republic of
Vietnam,'' dated concurrently with, and hereby adopted by, this
notice (Country-Specific CVD Initiation Checklists), at Attachment
II, ``Analysis of Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Hardwood and Decorative
Plywood from the People's Republic of China, Indonesia, and the
Socialist Republic of Vietnam'' (Attachment II). These checklists
are on file electronically via ACCESS.
\20\ For further discussion, see Attachment II of the Country-
Specific CVD Initiation Checklists.
---------------------------------------------------------------------------
In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided its
own production of the domestic like product in 2024 and compared this
to total production of the domestic like product by the U.S. hardwood
and decorative plywood industry.\21\ We relied on data provided by the
petitioner for purposes of measuring industry support.\22\
---------------------------------------------------------------------------
\21\ Id.
\22\ Id.
---------------------------------------------------------------------------
On June 4, 2025, we received timely filed comments on industry
support
[[Page 25227]]
from M&G Respondents,\23\ U.S. importers of hardwood and decorative
plywood.\24\ On June 4, 2025, we also received timely filed comments on
industry support from Shelter Forest International Acquisition (Shelter
Forest), a U.S. importer of hardwood and decorative plywood.\25\ On
June 6, 2025, the petitioner responded to the comments from M&G
Respondents and Shelter Forest in a timely filed rebuttal
submission.\26\
---------------------------------------------------------------------------
\23\ Affiliated Resources, LLC, Argo Fine Imports LLC, Buckeye
Pacific LLC, Canusa Wood Products Limited, Concannon Corporation dba
Concannon Lumber Company, Genesis Products LLC, Hardwoods Specialty
Products US LP, MBCI and Masterbrand Cabinets LLC, McCorry & Company
Limited, MJB Wood Group, LLC, Northwest Hardwoods, Inc., Patriot
Timber Products Inc., Principal Trading LLC, Richmond International
Forest Products LLC, and Taraca Pacifica Inc. (collectively, M&G
Respondents).
\24\ See M&G Respondents' Letter, ``Comments on Industry
Support,'' dated June 4, 2025.
\25\ See Shelter Forest's Letter, ``Shelter Forest's Industry
Support Comments and Request to Postpone Initiation for Lack of
Standing and to Poll the Domestic Industry,'' dated June 4, 2025.
\26\ See Petitioner's Letter, ``Petitioner's Response to
Industry Support Comments,'' dated June 6, 2025 (Petitioner's
Response).
---------------------------------------------------------------------------
Our review of the data provided in the Petitions, the First General
Issues Supplement, Second General Issues Supplement, the Third General
Issues Supplement, Petitioner's Response, and other information readily
available to Commerce indicates that the petitioner has established
industry support for the Petitions.\27\ First, the Petitions
established support from domestic producers (or workers) accounting for
more than 50 percent of the total production of the domestic like
product and, as such, Commerce is not required to take further action
in order to evaluate industry support (e.g., polling).\28\ Second, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 702(c)(4)(A)(i) of the Act because the
domestic producers (or workers) who support the Petitions account for
at least 25 percent of the total production of the domestic like
product.\29\ Finally, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(ii)
of the Act because the domestic producers (or workers) who support the
Petitions account for more than 50 percent of the production of the
domestic like product produced by that portion of the industry
expressing support for, or opposition to, the Petitions.\30\
Accordingly, Commerce determines that the Petitions were filed on
behalf of the domestic industry within the meaning of section 702(b)(1)
of the Act.\31\
---------------------------------------------------------------------------
\27\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\28\ Id.; see also section 702(c)(4)(D) of the Act.
\29\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\30\ Id.
\31\ Id.
---------------------------------------------------------------------------
Injury Test
Because China, Indonesia, and Vietnam are ``Subsidies Agreement
Countries'' within the meaning of section 701(b) of the Act, section
701(a)(2) of the Act applies to these investigations. Accordingly, the
ITC must determine whether imports of the subject merchandise from
China, Indonesia, and Vietnam materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports from China, Indonesia, and Vietnam
individually exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\32\
---------------------------------------------------------------------------
\32\ For further information regarding negligibility and the
injury allegation, see Country-Specific CVD Initiation Checklists at
Attachment III, ``Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping Duty and Countervailing
Duty Petitions Covering Hardwood and Decorative Plywood from the
People's Republic of China, Indonesia, and the Socialist Republic of
Vietnam'' (Attachment III).
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by the significant increase in the volume of subject
imports; significant market share of subject imports; underselling and
price depression and/or suppression; lost sales and revenues; adverse
impact on financial performance; and declines in the domestic
industry's shipments and capacity utilization.\33\ We assessed the
allegations and supporting evidence regarding material injury, threat
of material injury, causation, cumulation, as well as negligibility,
and we have determined that these allegations are properly supported by
adequate evidence and meet the statutory requirements for
initiation.\34\
---------------------------------------------------------------------------
\33\ See Attachment III of the Country-Specific CVD Initiation
Checklists.
\34\ Id.
---------------------------------------------------------------------------
Initiation of CVD Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating CVD investigations to determine
whether imports of hardwood and decorative plywood from China,
Indonesia, and Vietnam benefit from countervailable subsidies conferred
by the GOC, GOI, and GOV, respectively. In accordance with section
703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we
will make our preliminary determinations no later than 65 days after
the date of this initiation.
China
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 33 of the 34
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the China CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Indonesia
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on all 12
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the Indonesia CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Vietnam
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on all 26
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the Vietnam CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Respondent Selection
The petitioner identified over 100 companies in China, 57 companies
in Indonesia, and nearly 100 companies in Vietnam as producers and/or
exporters of hardwood and decorative plywood.\35\ Commerce intends to
follow its standard practice in CVD investigations and calculate
company-specific subsidy rates in these investigations. In the event
that Commerce determines that the number of known producers/exporters
is large, and it cannot individually examine each company
[[Page 25228]]
based upon Commerce's resources, Commerce intends to select mandatory
respondents based on quantity and value (Q&V) questionnaires issued to
the potential respondents. Commerce normally selects mandatory
respondents in CVD investigations using U.S. Customs and Border
Protection (CBP) entry data for U.S. imports under the appropriate
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
listed in the scope of the investigations. However, for these
investigations, due to the wide variety of hardwood and decorative
plywood products covered by the scope, we cannot rely on CBP entry data
in selecting respondents. Notwithstanding the decision to rely on Q&V
questionnaires for respondent selection, due to the large number of
producers and/or exporters identified in the Petitions for China,
Indonesia, and Vietnam, Commerce has determined to limit the number of
Q&V questionnaires that it will issue to exporters and producers based
on CBP data for hardwood and decorative plywood from these countries
during the POI under the appropriate HTSUS subheadings listed in the
``Scope of the Investigations,'' in the appendix.\36\ Accordingly,
Commerce will send Q&V questionnaires to the largest producers and
exporters that are identified in the CBP data for which there is
complete address information on the record.
---------------------------------------------------------------------------
\35\ See Petitions at Volume I (page 18 and Exhibit I-16); see
also First General Issues Supplement at 1-2 and Exhibit I-Supp-2.
\36\ See Memoranda, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated June 10, 2025.
---------------------------------------------------------------------------
Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of hardwood and decorative
plywood from China, Indonesia, and Vietnam that do not receive Q&V
questionnaires may still submit a response to the Q&V questionnaire and
can obtain a copy of the Q&V questionnaire from Commerce's website.
Responses to the Q&V questionnaire must be submitted by the relevant
Chinese, Indonesian, and Vietnamese producers/exporters no later than
5:00 p.m. ET on June 25, 2025, which is two weeks from the signature
date of this notice. All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). As stated above, instructions for filing such applications
may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the Governments via ACCESS. To the extent practicable, we
will attempt to provide a copy of the public version of the Petitions
to each exporter named in the Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of hardwood and decorative plywood from China,
Indonesia, and/or Vietnam are materially injuring, or threatening
material injury to, a U.S. industry.\37\ A negative ITC determination
for any country will result in the investigation being terminated with
respect to that country.\38\ Otherwise, these CVD investigations will
proceed according to statutory and regulatory time limits.
---------------------------------------------------------------------------
\37\ See section 703(a)(1) of the Act.
\38\ Id.
---------------------------------------------------------------------------
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors of production under 19 CFR 351.408(c) or
to measure the adequacy of remuneration under 19 CFR 351.511(a)(2);
(iv) evidence placed on the record by Commerce; and (v) evidence other
than factual information described in (i)-(iv). Section 351.301(b) of
Commerce's regulations requires any party, when submitting factual
information, to specify under which subsection of 19 CFR 351.102(b)(21)
the information is being submitted \39\ and, if the information is
submitted to rebut, clarify, or correct factual information already on
the record, to provide an explanation identifying the information
already on the record that the factual information seeks to rebut,
clarify, or correct.\40\ Time limits for the submission of factual
information are addressed in 19 CFR 351.301, which provides specific
time limits based on the type of factual information being submitted.
Interested parties should review the regulations prior to submitting
factual information in these investigations.
---------------------------------------------------------------------------
\39\ See 19 CFR 351.301(b).
\40\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\41\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\42\
---------------------------------------------------------------------------
\41\ See 19 CFR 351.302.
\42\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
---------------------------------------------------------------------------
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\43\
Parties must use the certification formats provided in 19 CFR
351.303(g).\44\ Commerce intends to reject factual submissions if the
[[Page 25229]]
submitting party does not comply with the applicable certification
requirements.
---------------------------------------------------------------------------
\43\ See section 782(b) of the Act.
\44\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------
Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letters of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\45\
---------------------------------------------------------------------------
\45\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
---------------------------------------------------------------------------
This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: June 11, 2025.
Steven Presing,
Acting Deputy Assistant Secretary for Policy and Negotiations.
Appendix
Scope of the Investigations
The merchandise covered by these investigations is hardwood and
decorative plywood, and certain veneered panels as described below.
For purposes of these investigations, hardwood and decorative
plywood is defined as a generally flat, multilayered plywood or
other veneered panel, consisting of two or more layers or plies of
wood veneers in combination with a core or without a core. The
veneers and, if present, the core are glued or otherwise bonded
together. A hardwood and decorative plywood panel must have at least
either the face or back veneer composed of one or more species of
hardwood, softwood, or bamboo, regardless of any surface coverings.
Hardwood and decorative plywood may include products that meet the
American National Standard for Hardwood and Decorative Plywood,
ANSI/HPVA HP-1-2024 (including any revisions to that standard).
For purposes of the investigations a ``veneer'' is a slice of
wood regardless of thickness which is cut, sliced or sawed from a
log, bolt, or flitch. The face and back veneers are the outermost
veneer of wood irrespective of additional surface coatings or covers
as described below. The core of hardwood and decorative plywood (for
those products that include a core) consists of the layer or layers
of one or more material(s) that are situated between the face and
back veneers. The core may be composed of a range of materials,
including but not limited to hardwood, softwood, particleboard, or
medium density fiberboard (MDF).
All hardwood and decorative plywood is included within the scope
of the investigations regardless of whether or not the face and/or
back veneers are surface coated or covered and whether or not such
surface coating(s) or covers obscures the grain, textures, or
markings of the wood. Examples of surface coatings and covers
include, but are not limited to: ultra violet light cured
polyurethanes; oil or oil-modified or water-based polyurethanes;
wax; epoxy-ester finishes; moisture-cured urethanes; paints; stains;
paper; aluminum; high pressure laminate; MDF; medium density overlay
(MDO); and phenolic film. Additionally, the face veneer of hardwood
and decorative plywood may be sanded; smoothed or given a
``distressed'' appearance through such methods as hand-scraping or
wire brushing.
All hardwood and decorative plywood is included within the scope
even if it is trimmed; cut-to-size; notched; punched; drilled; or
has undergone other forms of minor processing. All hardwood and
decorative plywood is included within the scope of the
investigations, without regard to dimension (overall thickness,
thickness of face veneer, thickness of back veneer, thickness of
core, thickness of inner veneers, width, or length). However, the
most common panel sizes of hardwood and decorative plywood are 1219
x 1829 mm (48 x 72 inches), 1219 x 2438 mm (48 x 96 inches), and
1219 x 3048 mm (48 x 120 inches). Subject merchandise also includes
hardwood and decorative plywood that has been further processed in a
third country, including but not limited to trimming, cutting,
notching, punching, drilling, or any other processing that would not
otherwise remove the merchandise from the scope of the
investigations if performed in the country of manufacture of the in-
scope product.
The scope of the investigations excludes the following items:
(1) structural plywood (also known as ``industrial plywood'' or
``industrial panels'') that (a) is certified, manufactured, and
stamped to meet U.S. Products Standard PS 1-09, PS 2-09, PS-1-22, PS
2-10, or PS 2-18 for Structural Plywood (including any revisions to
that standard or any substantially equivalent international standard
intended for structural plywood), including, but not limited to, the
``bond performance'' requirements and the performance criteria
detailed in U.S. Products Standard PS 1-09, PS 2-09, PS-1-22, PS 2-
10, or PS 2-18 for Structural Plywood (including any revisions to
that standard or any substantially equivalent international standard
intended for structural plywood), and (b) where the relevant
standard identifies core species requirements, has a core made
entirely of one or more of the following wood species: Pseudotsuga
menziesii (Douglas Fir), Larix occidentalis (Western Larch), Tsuga
heterophylla (Western Hemlock), Abies balsamea (Balsam Pine/Balsam
Fir), Abies magnifica (California Red Fir), Abies grandis (Grand
Fir), Abies procera (Noble Fir), Abies amabilis (Pacific Silver
Fir), Abies concolor (White Fir), Abies lasiocarpa (Subalpine Fir),
Picea glauca (White Spruce), Picea engelmannii (Engelmann Spruce),
Picea mariana (Black Spruce), Picea rubens (Red Spruce), Picea
sitchensis (Sitka Spruce), Pinus banksiana (Jack Pine), Pinus taeda
(Loblolly Southern Pine), Pinus palustris (Longleaf Southern Pine),
Pinus echinata (Shortleaf Southern Pine), Pinus elliottii (Slash
Southern Pine), Pinus serotina (Pond Pine), Pinus resinosa (Red
Pine), Pinus virginiana (Virginia Pine), Pinus monticola (Western
White Pine), Picea mariana (Black Spruce), Picea rubens (Red
Spruce), Picea sitchensis (Sitka Spruce), Pinus contorta (Lodgepole
Pine), Pinus strobus (Eastern White Pine), and Pinus lambertiana
(Sugar Pine); (2) products which have a face and back veneer of
cork; (3) hardwood plywood subject to the antidumping and
countervailing duty orders on hardwood plywood from China. See
Certain Hardwood Plywood Products from the People's Republic of
China: Amended Final Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 83 FR 504 (January 4, 2018); and Certain
Hardwood Plywood Products from the People's Republic of China:
Countervailing Duty Order, 83 FR 513 (January 4, 2018); (4)
multilayered wood flooring, as described in the antidumping duty and
countervailing duty orders on multilayered wood flooring from China.
See Multilayered Wood Flooring from the People's Republic of China:
Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order, 76 FR 76690 (December 8, 2011); and
Multilayered Wood Flooring from the People's Republic of China:
Countervailing Duty Order, 76 FR 76693 (December 8, 2011), as
amended by Multilayered Wood Flooring from the People's Republic of
China: Amended Antidumping and Countervailing Orders, 77 FR 5484
(February 3, 2012); (5) multilayered wood flooring with a face
veneer of bamboo or composed entirely of bamboo; (6) plywood which
has a shape or design other than a flat panel, with the exception of
any minor processing described above; (7) products made entirely
from bamboo and adhesives (also known as ``solid bamboo''); and (8)
Phenolic Film Faced Plyform (PFF), also known as Phenolic Surface
Film Plywood (PSF), defined as a panel with an ``Exterior'' or
``Exposure 1'' bond classification as is defined by The Engineered
Wood Association, having an opaque phenolic film layer with a weight
equal to or greater than 90g/m3 permanently bonded on both the face
and back veneers and an opaque, moisture resistant coating applied
to the edges.
Also excluded from the scope of the investigations are wooden
furniture goods that, at the time of importation, are fully
assembled and are ready for their intended uses. Also excluded from
the scope of the investigations is ``ready to assemble'' (RTA)
furniture. RTA furniture is defined as (A) furniture packaged for
sale for ultimate purchase by an end-user that, at the time of
importation, includes (1) all wooden components (in finished form)
required to assemble a finished unit of furniture, (2) all accessory
parts (e.g., screws, washers, dowels, nails, handles, knobs,
adhesive glues) required to assemble a finished unit of furniture,
and (3) instructions providing guidance on the assembly of a
finished unit of furniture; (B) unassembled bathroom vanity
cabinets, having a space for one or more sinks, that are imported
with all unassembled hardwood and hardwood plywood components that
have been cut-to-
[[Page 25230]]
final dimensional component shape/size, painted or stained prior to
importation, and stacked within a singled shipping package, except
for furniture feet which may be packed and shipped separately; or
(C) unassembled bathroom vanity linen closets that are imported with
all unassembled hardwood and hardwood plywood components that have
been cut-to-final dimensional shape/size, painted or stained prior
to importation, and stacked within a single shipping package, except
for furniture feet which may be packed and shipped separately.
Also excluded from the scope of the investigations are kitchen
cabinets that, at the time of importation, are fully assembled and
are ready for their intended uses. Also excluded from the scope of
the investigations are RTA kitchen cabinets. RTA kitchen cabinets
are defined as kitchen cabinets packaged for sale for ultimate
purchase by an end-user that, at the time of importation, includes:
(1) all wooden components (in finished form) required to assemble a
finished unit of cabinetry; (2) all accessory parts (e.g., screws,
washers, dowels, nails, handles, knobs, hooks, adhesive glues)
required to assemble a finished unit of cabinetry; and (3)
instructions providing guidance on the assembly of a finished unit
of cabinetry. Excluded from the scope of these investigations are
finished table tops, which are table tops imported in finished form
with pre-cut or drilled openings to attach the underframe or legs.
The table tops are ready for use at the time of import and require
no further finishing or processing. Excluded from the scope of these
investigations are finished countertops that are imported in
finished form and require no further finishing or manufacturing.
Also excluded from the scope of the investigations are laminated
veneer lumber (LVL) door and window components with (1) a maximum
width of 44 millimeters, a thickness from 30 millimeters to 72
millimeters, and a length of less than 2413 millimeters, (2) water
boiling point exterior adhesive, (3) a modulus of elasticity of
1,500,000 pounds per square inch or higher, (4) finger-jointed or
lap-jointed core veneer with all layers oriented so that the grain
is running parallel or with no more than 3 dispersed layers of
veneer oriented with the grain running perpendicular to the other
layers; and (5) top layer machined with a curved edge and one or
more profile channels throughout.
Also excluded from the scope of these investigations are certain
door stiles and rails made of LVL that have a width not to exceed 50
millimeters, a thickness not to exceed 50 millimeters, and a length
of less than 2,450 millimeters.
Also excluded from the scope of these investigations are
finished two-ply products that are made of one ply of wood veneer
and one ply of a non-wood veneer material and the two-ply product
cannot be glued or otherwise adhered to additional plies or that are
made of two plies of wood veneer and have undergone staining,
cutting, notching, punching, drilling, or other processing on the
surface of the veneer such that the two-ply product cannot be glued
or otherwise adhered to additional plies.
Imports of hardwood and decorative plywood are primarily entered
under the following HTSUS numbers: 4412.10.0500; 4412.31.0520;
4412.31.0540; 4412.31.0560; 4412.31.0620; 4412.31.0640;
4412.31.0660; 4412.31.2510; 4412.31.2520; 4412.31.2610;
4412.31.2620; 4412.31.4040; 4412.31.4050; 4412.31.4060;
4412.31.4070; 4412.31.4080; 4412.31.4140; 4412.31.4150;
4412.31.4155; 4412.31.4160; 4412.31.4165; 4412.31.4180;
4412.31.4200; 4412.31.4500; 4412.31.4850; 4412.31.4860;
4412.31.4863; 4412.31.4865; 4412.31.4866; 4412.31.4869;
4412.31.4875; 4412.31.4880; 4412.31.5130; 4412.31.5135;
4412.31.5150; 4412.31.5155; 4412.31.5160; 4412.31.5165;
4412.31.5170; 4412.31.5175; 4412.31.5235; 4412.31.5255;
4412.31.5260; 4412.31.5262; 4412.31.5264; 4412.31.5265;
4412.31.5266; 4412.31.5268; 4412.31.5270; 4412.31.5275;
4412.31.6000; 4412.31.6100; 4412.31.9100; 4412.31.9200;
4412.32.0520; 4412.32.0540; 4412.32.0560; 4412.32.0570;
4412.32.0620; 4412.32.0640; 4412.32.0670; 4412.32.2510;
4412.32.2520; 4412.32.2530; 4412.32.2610; 4412.32.2630;
4412.32.3130; 4412.32.3135; 4412.32.3140; 4412.32.3150;
4412.32.3155; 4412.32.3160; 4412.32.3165; 4412.32.3170;
4412.32.3175; 4412.32.3185; 4412.32.3235; 4412.32.3255;
4412.32.3265; 4412.32.3275; 4412.32.3285; 4412.32.5600;
4412.32.5700; 4412.33.0620; 4412.33.0640; 4412.33.0670;
4412.33.2630; 4412.33.3235; 4412.33.3255; 4412.33.3265;
4412.33.3275; 4412.33.3285; 4412.33.5700; 4412.34.2600;
4412.34.3235; 4412.34.3255; 4412.34.3265; 4412.34.3275;
4412.34.3285; 4412.34.5700; 4412.39.4051; 4412.39.4052;
4412.39.4059; 4412.39.4061; 4412.39.4062; 4412.39.4069;
4412.39.5050; 4412.41.0000; 4412.42.0000; 4412.51.1030;
4412.51.1050; 4412.51.3111; 4412.51.3121; 4412.51.3141;
4412.51.3161; 4412.51.3175; 4412.51.4100; 4412.52.1030;
4412.52.1050; 4412.52.3121; 4412.52.3161; 4412.52.3175;
4412.52.4100; 4412.91.0600; 4412.91.1020; 4412.91.1030;
4412.91.1040; 4412.91.3110; 4412.91.3120; 4412.91.3130;
4412.91.3140; 4412.91.3150; 4412.91.3160; 4412.91.3170;
4412.91.4100; 4412.92.0700; 4412.92.1120; 4412.92.1130;
4412.92.1140; 4412.92.3120; 4412.92.3150; 4412.92.3160;
4412.92.3170; 4412.92.4200; 4412.94.1020; 4412.94.1030;
4412.94.1040; 4412.94.1050; 4412.94.3110; 4412.94.3111;
4412.94.3120; 4412.94.3121; 4412.94.3130; 4412.94.3131;
4412.94.3140; 4412.94.3141; 4412.94.3150; 4412.94.3160;
4412.94.3161; 4412.94.3170; 4412.94.3171; 4412.94.3175;
4412.94.4100; 4412.99.0600; 4412.99.1020; 4412.99.1030;
4412.99.1040; 4412.99.3110; 4412.99.3120; 4412.99.3130;
4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170;
4412.99.4100; 4412.99.5100; 4412.99.5115; 4412.99.5701; and
4412.99.5710.
Imports of hardwood and decorative plywood may also enter under
HTSUS subheadings 4412.10.9000; 4412.94.5100; 4412.94.9500;
4412.99.6000; 4412.99.7000; 4412.99.8000; 4412.99.9000;
4412.99.9500; 9403.90.7005; 9403.90.7010; and 9403.90.7080.
The HTSUS codes are provided for the convenience of the U.S.
government and customs purposes, and do not define the scope of the
investigations. The written description of the merchandise under
investigation is dispositive.
[FR Doc. 2025-11075 Filed 6-13-25; 8:45 am]
BILLING CODE 3510-DS-P