Notice2022-02216
Certain Hardwood Plywood Products From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 3, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that 17 exporters of certain hardwood plywood products (hardwood plywood) from the People's Republic of China (China) under review had no shipments of subject merchandise during the period of review (POR) January 1, 2020, through December 31, 2020. Commerce also preliminary determines that the remaining 39 remaining companies subject to this review are part of the China-wide entity because they did not demonstrate eligibility for separate rates.
Full Text
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<title>Federal Register, Volume 87 Issue 23 (Thursday, February 3, 2022)</title>
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[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Notices]
[Pages 6137-6139]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02216]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-051]
Certain Hardwood Plywood Products From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that 17 exporters of certain hardwood plywood products (hardwood
plywood) from the People's Republic of China (China) under review had
no shipments of subject merchandise during the period of review (POR)
January 1, 2020, through December 31, 2020. Commerce also preliminary
determines that the remaining 39 remaining companies subject to this
review are part of the China-wide entity because they did not
demonstrate eligibility for separate rates.
DATES: Applicable February 3, 2022.
FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2593.
SUPPLEMENTARY INFORMATION:
Background
On March 4, 2021, Commerce published in the Federal Register a
notice of initiation of an administrative review of the antidumping
duty (AD) order \1\ on hardwood plywood from China with respect to 56
exporters.\2\ Subsequently, we released U.S. Customs and Border
Protection (CBP) data to interested parties for comment.\3\ We received
comments from the petitioner.\4\ No other interested party commented on
the CBP data.
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\1\ 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)
(Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 12599 (March 4, 2021) (Initiation
Notice).
\3\ See Memorandum, ``Release of U.S. Customs and Border
Protection Data,'' dated March 10, 2021.
\4\ The petitioner is the Coalition for Fair Trade in Hardwood
Plywood. See Petitioner's Letter, ``Hardwood Plywood Products from
the People's Republic of China: Comments on CBP Data,'' dated March
17, 2021.
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From March 30 to April 5, 2021, we received timely no-shipment
certifications from 17 companies.\5\ We did not receive a no-shipment
statement, separate rate application (SRA), or separate rate
certification (SRC) from any other company subject to this review. On
June 14, 2021, we received a request from the petitioner that we
conduct verification of the information submitted in this review.\6\ On
October 1, 2021, Commerce extended the time limit for completing the
preliminary results of this review to January 28, 2022.\7\
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\5\ We received timely no-shipment certifications from the
following companies: (1) Celtic Co., Ltd.; (2) Cosco Star
International Co., Ltd.; (3) Happy Wood Industrial Group Co., Ltd.;
(4) Jiaxing Hengtong Wood Co., Ltd.; (5) Linyi Evergreen Wood Co.,
Ltd.; (6) Linyi Glary Plywood Co., Ltd.; (7) Linyi Huasheng Yongbin
Wood Co., Ltd.; (8) Linyi Jiahe Wood Industry Co., Ltd.; (9) Linyi
Sanfortune Wood Co., Ltd.; (10) Qingdao Top P&Q International Corp.;
(11) Shandong Qishan International Trading Co., Ltd.; (12) Shanghai
Brightwood Trading Co., Ltd.; (13) Shanghai Futuwood Trading Co.,
Ltd.; (14) Shanghai Luli Trading Co., Ltd.; (15) Suqian Hopeway
International Trade Co., Ltd.; (16) Xuzhou Jiangyang Wood Industries
Co., Ltd.; and (17) Zhejiang Dehua TB Import & Export Co., Ltd.
\6\ See Petitioner's Letter, ``Request for Verification,'' dated
June 14, 2021.
\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review, 2020,'' dated
October 1, 2021. See also Memorandum, ``Clarification of Extension
of Deadline for Preliminary Results of Antidumping Duty
Administrative Review, 2020,'' dated October 13, 2021.
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\8\ A list of topics included in the Preliminary Decision
Memorandum is provided in Appendix III 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be found at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
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\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results for the 2020 Antidumping Duty Administrative Review: Certain
Hardwood Plywood 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 product covered by the order is hardwood plywood from China. A
full description of the scope of the order is contained in the
Preliminary Decision Memorandum.\9\
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\9\ Id.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.213.
Preliminary Determination of No Shipments
Based upon the no shipment certifications received by Commerce, and
our review of the CBP data, we preliminary find that 17 companies had
no shipments during the POR. Commerce requested that CBP confirm
whether any shipments of subject merchandise entered the United States
during the POR with respect to the 17 companies that submitted no
shipment claims, and CBP responded that it has no record of any subject
entries for these 17 inquiries.\10\ Because we have
[[Page 6138]]
corroborated the 17 no-shipment claims with CBP, we have verified these
claims for purposes of these preliminary results, in accordance with
section 782(i) of the Act. For additional information regarding this
determination, see the Preliminary Decision Memorandum. Consistent with
our assessment in non-market economy administrative reviews,\11\
Commerce is not rescinding this review for these 17 companies.\12\
Commerce intends to complete this review and issue appropriate
instructions to CBP based on the final results of this review.
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\10\ See Memorandum ``No Shipment Inquiries for Multiple
Companies during the period 01/01/2020 through 12/31/2020,'' dated
April 16, 2021.
\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see
also ``Assessment Rate'' section below.
\12\ See Appendix II.
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Separate Rates
Because the other 39 companies under review did not submit a no-
shipment certification, SRA, or SRC, Commerce preliminarily determines
that these companies have not demonstrated their eligibility for
separate rates.\13\ For additional information, see the Preliminary
Decision Memorandum.
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\13\ See Appendix I.
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China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\14\ Under this policy,
the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
China-wide entity.\15\ Because no party requested a review of the
China-wide entity in this review, the China-wide entity is not under
review and the China-wide entity's rate (i.e., 183.36 percent) is not
subject to change.\16\ For additional information, see the Preliminary
Decision Memorandum.
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\14\ 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).
\15\ Id.
\16\ See Order, 83 FR at 512.
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Public Comment
In accordance with 19 CFR 351.309(c), case briefs or other written
comments may be submitted to the Assistant Secretary for Enforcement
and Compliance no later than 30 days after the date of publication of
these preliminary results, unless the Secretary alters the time limit.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than seven days after the deadline date for case
briefs.\17\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this review are encouraged to
submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\18\
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\17\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\18\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to Covid-19, Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the 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 those issues raised in
the briefs. If a request for a hearing is made, Commerce intends to
hold the hearing at a date and time to be determined.\19\
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\19\ See 19 CFR 351.310(d).
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Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and CBP shall assess, AD duties on all appropriate entries
covered by this review.\20\ We have not calculated any assessment rates
in this administrative review. Based on record evidence, we have
preliminarily determined that 17 companies had no shipments of subject
merchandise and, therefore, pursuant to Commerce's assessment practice,
any suspended entries that entered under their case numbers, where
available, will be liquidated at the China-wide entity rate.\21\ For
all remaining companies subject to this review, which are part of the
China-wide entity, we will instruct CBP to liquidate their entries at
the current rate for the China-wide entity (i.e., 183.36 percent).
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).
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\20\ See 19 CFR 351.212(b)(1).
\21\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rates for the 17
companies that had no shipments during the POR will remain unchanged
from the rates assigned to them in the most recently completed segment
for each company; (2) for previously investigated or reviewed Chinese
and non-Chinese exporters 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; (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 the rate for
the China-wide entity (i.e., 183.36 percent); and (4) for all non-
Chinese exporters of subject merchandise that 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 otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results of review, pursuant to section
751(a)(3)(A) of the Act.
Notification to Importers
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of AD 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 AD duties occurred and the subsequent assessment of double AD
duties.
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Notification to Interested Parties
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(l) of the
Act, and 19 CFR 351.213(h)(1).
Dated: January 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Companies Not Eligible for a Separate Rate
1. Anhui Hoda Wood Co., Ltd.
2. China Friend Limited.
3. Deqing China-Africa Foreign Trade Port Co., Ltd.
4. Feixian Jinde Wood Factory
5. G.D. Enterprise Limited
6. Henan Hongda Woodcraft Industry Co., Ltd.
7. Jiangsu Qianjiuren International Trading Co., Ltd.
8. Jiangsu Shengyang Industrial Joint Stock Co., Ltd.
9. Jiashan Dalin Wood Industry Co., Ltd.
10. Jiaxing Kaochuan Woodwork Co., Ltd.
11. Leadwood Industrial Corp.
12. Linyi Chengen Import and Export Co., Ltd.
13. Linyi City Dongfang Fukai Wood Industry Co., Ltd.
14. Linyi City Shenrui International Trade Co., Ltd.
15. Linyi Tian He Wooden Industry Co., Ltd.
16. Pizhou Dayun Import & Export Trade Co., Ltd.
17. Pizhou Jin Sheng Yuan International Trade Co., Ltd.
18. Shandong Anxin Timber Co., Ltd.
19. Shandong Huaxin Jiasheng Wood Co., Ltd.
20. Shandong Huiyu International Trade Co., Ltd.
21. Shandong Johnson Trading Co., Ltd.
22. Shanghai S&M Trade Co., Ltd.
23. Smart Gift International
24. Suining Pengxiang Wood Co., Ltd.
25. Suqian Yaorun Trade Co., Ltd
26. Suzhou Dongsheng Wood Co., Ltd.
27. Suzhou Oriental Dragon Import and Export Co., Ltd.
28. Xuzhou Baoqi Wood Product Co., Ltd.
29. Xuzhou Dilun Wood Co. Ltd.
30. Xuzhou Eastern Huatai International Trading Co., Ltd.
31. Xuzhou Hansun Import & Export Co. Ltd.
32. Xuzhou Jiangheng Wood Products Co., Ltd.
33. Xuzhou Maker's Mark Building Materials Co., Ltd.
34. Xuzhou Shenghe Wood Co. Ltd.
35. Xuzhou Shuiwangxing Trading Co., Ltd.
36. Xuzhou Shuner Import & Export Trade Co. Ltd.
37. Xuzhou Tianshan Wood Co., Ltd.
38. Xuzhou Timber International Trade Co., Ltd.
39. Yangzhou Hanov International Co., Ltd.
Appendix II
Companies Preliminarily Found To Have No Shipments
1. Celtic Co., Ltd.
2. Cosco Star International Co., Ltd.
3. Happy Wood Industrial Group Co., Ltd.
4. Jiaxing Hengtong Wood Co., Ltd.
5. Linyi Evergreen Wood Co., Ltd.
6. Linyi Glary Plywood Co., Ltd.
7. Linyi Huasheng Yongbin Wood Co., Ltd.
8. Linyi Jiahe Wood Industry Co., Ltd.
9. Linyi Sanfortune Wood Co., Ltd.
10. Qingdao Top P&Q International Corp.
11. Shandong Qishan International Trading Co., Ltd.
12. Shanghai Brightwood Trading Co., Ltd.
13. Shanghai Futuwood Trading Co., Ltd.
14. Shanghai Luli Trading Co., Ltd.
15. Suqian Hopeway International Trade Co., Ltd.
16. Xuzhou Jiangyang Wood Industries Co., Ltd.
17. Zhejiang Dehua TB Import & Export Co., Ltd.
Appendix III
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2022-02216 Filed 2-2-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 3, 2022.
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