Notice2022-09813
Wooden Cabinet and Vanities and Components Thereof From the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2019-2021
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
May 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily finds that Qufu Xinyu Furniture Co., Ltd. (Qufu Xinyu), did not make sales of subject merchandise at less than normal value (NV) during the period of review (POR) October 9, 2019, through March 31, 2021; Shanghai Beautystar Cabinetry Co., Ltd. (Beautystar), is part of the China-wide entity; and Jiang Su Rongxin Wood Industry Co., Ltd. (Rongxin Wood), is the successor-in-interest to Jiangsu Rongxin Cabinets Co., Ltd. (Rongxin Cabinets). Commerce is also rescinding the review with respect to 40 companies. Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 87 Issue 88 (Friday, May 6, 2022)</title>
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[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Notices]
[Pages 27090-27093]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09813]
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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 and Partial Rescission
of the Antidumping Duty Administrative Review; 2019-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
Qufu Xinyu Furniture Co., Ltd. (Qufu Xinyu), did not make sales of
subject merchandise at less than normal value (NV) during the period of
review (POR) October 9, 2019, through March 31, 2021; Shanghai
Beautystar Cabinetry Co., Ltd. (Beautystar), is part of the China-wide
entity; and Jiang Su Rongxin Wood Industry Co., Ltd. (Rongxin Wood), is
the successor-in-interest to Jiangsu Rongxin Cabinets Co., Ltd.
(Rongxin Cabinets). Commerce is also rescinding the review with respect
[[Page 27091]]
to 40 companies. Interested parties are invited to comment on these
preliminary results of review.
DATES: Applicable May 6, 2022.
FOR FURTHER INFORMATION CONTACT: Jacob Keller, 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) 482-4948.
SUPPLEMENTARY INFORMATION:
Background
On April 21, 2020, the Department of Commerce published in the
Federal Register the antidumping duty (AD) order on wooden cabinets and
vanities and components thereof from the People's Republic of China
(China).\1\ On April 1, 2021, Commerce published in the Federal
Register a notice of opportunity to request an administrative review of
the Order.\2\ On June 11, 2021, based on timely requests for an
administrative review, Commerce initiated the administrative review of
the Order.\3\ The administrative review covers 66 companies, including
three mandatory respondents, Beautystar, Qufu Xinyu, and Rongxin
Cabinets.\4\
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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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 17137 (April 1, 2021).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 31282, 31296 (June 11, 2021)
(Initiation Notice).
\4\ See Memoranda, ``Antidumping Duty Administrative Review of
Wooden Cabinets and Vanities and Components Thereof from the
People's Republic of China: Respondent Selection,'' dated August 6,
2021; ``Antidumping Duty Administrative Review of Wooden Cabinets
and Vanities and Components Thereof from the People's Republic of
China: Second Respondent Selection,'' dated September 17, 2021; and
``Antidumping Duty Administrative Review of Wooden Cabinets and
Vanities and Components Thereof from the People's Republic of China:
Third Respondent Selection,'' dated October 20, 2021.
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Scope of the Order
The products covered by this Order are wooden cabinets and vanities
that are for permanent installation (including floor mounted, wall
mounted, ceiling hung or by attachment of plumbing), and wooden
components thereof. A full description of the scope of the Order is
provided in the Preliminary Decision Memorandum.\5\
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\5\ See Memorandum, ``Wooden Cabinets and Vanities and
Components Thereof from the People's Republic of China: Decision
Memorandum for Preliminary Results and Partial Rescission of the
First Antidumping Duty Administrative Review,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Rescission of Review in Part
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 the 40 companies listed in Appendix II to this
notice were withdrawn within 90 days of the date of publication of the
Initiation Notice.\6\ As a result, Commerce is rescinding this review
with respect to these companies, in accordance with 19 CFR
351.213(d)(1).
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\6\ See Company Letters, ``Wooden Cabinets and Vanities from the
People's Republic of China: Withdrawal of Request for Administrative
Review,'' dated June 29, 2021; ``Wooden Cabinets and Vanities and
Components Thereof from the People's Republic of China--Withdrawal
of Fujian Senyi's Request for Administrative Review,'' dated July 9,
2021; ``Wooden Cabinets and Vanities and Components Thereof from the
People's Republic of China; Withdrawal of Request for Review,''
dated July 12, 2021; ``Wooden Cabinets and Vanities from the
People's Republic of China: Withdrawal of Request for Administrative
Review,'' dated July 13, 2021; ``Wooden Cabinets and Vanities from
the People's Republic of China: Withdrawal of Request for
Administrative Review,'' dated July 21, 2021; ``Wooden Cabinets and
Vanities and Components Thereof from the People's Republic of
China--Withdrawal of Request for Administrative Review,'' dated
August 27, 2021; ``Wooden Cabinets and Vanities from the People's
Republic of China: Withdrawal of Request for Administrative
Review,'' dated August 30, 2021; ``Wooden Cabinets and Vanities and
Components Thereof from the People's Republic of China, A-570-106;
Withdrawal of Request for Review,'' dated September 3, 2021;
``Antidumping Duty Administrative Review of Wooden Cabinets and
Vanities and Components Thereof from the People's Republic of China:
Withdrawal of Administrative Review Request--Jiangsu Beichen Wood
Co., Ltd.,'' dated September 7, 2021; ``Wooden Cabinets and Vanities
and Components Thereof from the People's Republic of China;
Withdrawal of Administrative Review Request,'' dated September 7,
2021; ``Wooden Cabinets and Vanities and Components Thereof from the
People's Republic of China: Withdrawal of Request for Administrative
Review,'' dated September 8, 2021; ``Wooden Cabinets and Vanities
from the People's Republic of China: Withdrawal of Request for
Administrative Review,'' dated September 8, 2021; ``Wooden Cabinets
and Vanities and Components Thereof from the People's Republic of
China--Withdrawal of Request for Administrative Review,'' dated
September 8, 2021; and ``Wooden Cabinets and Vanities and Components
Thereof from The People's Republic of China: Withdrawal of Request
for Administrative Review,'' dated September 9, 2021; see also
Petitioner's Letter, ``Wooden Cabinets and Vanities and Components
Thereof from: Withdrawal of Review Request for The Ancientree
Cabinet Co., Ltd.,'' dated August 26, 2021.
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Separate Rates
Commerce preliminarily determines that 15 companies, not
individually examined, are eligible for separate rates in this
administrative review.\7\ The Tariff Act of 1930, as amended (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 margin for Qufu Xinyu 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
in this review.
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\7\ See Appendix II; 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,\8\ 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.\9\
Commerce considers all other companies for which a review was requested
(none of which filed a separate rate application) listed in Appendix II
to this notice, to be part of the China-wide entity.\10\ We find
mandatory respondent Beautystar to be a part of the China-wide entity
in the instant review because it withdrew from participation and failed
to submit a response to the initial AD questionnaire, thereby failing
to establish its eligibility for a separate rate.\11\
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\8\ 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).
\9\ See Order.
\10\ 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 II for the list of companies that are subject to
this administrative review that are considered to be part of the
China-wide entity.
\11\ See Preliminary Decision Memorandum at 13-14.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. For a full description of the
[[Page 27092]]
methodology underlying our conclusions, see the Preliminary Decision
Memorandum. 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="https://access.trade.gov">https://access.trade.gov</a>. A list of topics discussed in the Preliminary
Decision Memorandum is included as an appendix to this notice. In
addition, a complete version of the Preliminary Decision Memorandum can
be found at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Rescission of the Administrative Review
As discussed in the Preliminary Decision Memorandum and as
expounded upon in the Bona Fides Memorandum, Commerce preliminarily
finds that the sale made by Dalian Hualing Wood Co., Ltd. (Hualing)
serving as the basis for administrative review is not a bona fide sale
of cabinets.\12\ Commerce reached this conclusion based on the totality
of the record information surrounding Hualing's reported sale,
including, but not limited to, the price and quantity of the sale, the
timing of the sale, the resale price and profit, and other relevant
factors such as the single sale made during the POR, the ``specialty''
nature of the product, and the likelihood of future sales.\13\
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\12\ Id. at 6-11; see also Memorandum, ``Antidumping Duty
Administrative Review of Wooden Cabinets and Vanities and Components
Thereof from the People's Republic of China: Preliminary Bona Fides
Sale Analysis for Dalian Hualing Wood Co., Ltd.,'' dated
concurrently with this notice (Bona Fides Memorandum).
\13\ Id.
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Because the non-bona fide sale was the only reported sale of
subject merchandise during the POR, we preliminarily find that Hauling
had no reviewable transactions during this POR and is ineligible for an
administrative review. Accordingly, we intend to rescind this
administrative review with respect to Hualing if our determination
remains the same in the final results of this administrative
review.\14\
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\14\ Id.
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Regarding Rongxin Cabinets, as discussed in the Preliminary
Decision Memorandum, we preliminarily find that Rongxin Wood, is the
successor-in-interest to Rongxin Cabinets. Consequently, we are
preliminarily rescinding the review with respect to Rongxin Cabinets
based on Rongxin Wood's timely withdrawal of its review request and
because there are no other outstanding requests for review of Rongxin
Cabinets or Rongxin Wood. For the complete successor-in-interest
analysis, see the Preliminary Decision Memorandum.
Should the final results of review remain the same as these
preliminary results of review, we intend to rescind the review of
Rongxin Cabinets and in accordance with 19 CFR 351.213(d)(1).
Additionally, effective the date of publication of the final results of
review, we will instruct U.S. Customs and Border Protection (CBP) to
apply the AD cash deposit rate applicable to Rongxin Cabinets to
entries of subject merchandise exported by Rongxin Wood.
Preliminary Results of the Administrative Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the administrative review covering
the period October 9, 2019, through March 31, 2021:
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Weighted-average
Exporter dumping margin
(percent)
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Qufu Xinyu Furniture Co., Ltd....................... 0.00
Non-Selected Companies Under Review Receiving a 0.00
Separate Rate \15\.................................
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Disclosure
Commerce intends to disclose to parties to the proceeding the
calculations performed for these preliminary results of review within
five days of the date of publication of this notice in the Federal
Register in accordance with 19 CFR 351.224(b).
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\15\ See Appendix II.
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Public Comment
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 seven days after the date for filing case
briefs.\16\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case briefs.\17\ Commerce modified
certain of its requirements for serving documents containing business
proprietary information until further notice.\18\ Parties who submit
case briefs or rebuttal briefs in this proceeding 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.\19\
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\16\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'').
\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).
\19\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR
351.303 (for general filing requirements).
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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 publication of this notice. Requests should contain the
party's name, address, telephone number, the number of participants,
whether any participant is a foreign national, and a list of the issues
to be discussed. If a request for a hearing is made, Commerce intends
to hold the hearing at a time and date to be determined. Parties should
confirm by telephone the date, time, and location of the hearing two
days before the scheduled date.
Unless the deadline is extended, Commerce intends to issue the
final results of this review, including the results of its analysis of
the issues raised in any written briefs, no later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuing the final results, Commerce will determine, and CBP
shall assess, antidumping duties on all appropriate entries covered by
this review.\20\ If the preliminary results are
[[Page 27093]]
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 II
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.\21\
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\20\ See 19 CFR 351.212(b)(1).
\21\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
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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 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 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.
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 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 duties occurred and the subsequent assessment of double
antidumping 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 and 351.221(b)(4).
Dated: May 2, 2022.
Lisa W. Wang,
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. Discussions of the Methodology
VII. Currency Conversion
VIII. Adjustment Under Section 777A(f) of the Act
IX. Recommendation
Appendix II
Companies Subject to Rescission of Review
1. Anhui Swanch Cabinetry Co., Ltd.
2. Anhui Xinyuanda Cupboard Co., Ltd.
3. Dalian Jiaye Wood Products Co., Ltd.
4. Dandong Laroyal Cabinetry Co., Ltd.
5. Foremost Worldwide Company Limited
6. Fujian Senyi Kitchen Cabinet Co., Ltd.
7. Fuzhou CBM Import & Export Co., Ltd.
8. Fuzhou Minlian Wood Industry Co., Ltd.
9. Hangzhou Entop Houseware Co., Ltd.
10. Hangzhou Hoca Kitchen & Bath Products Co., Ltd.
11. Hangzhou Home Dee Sanitary Ware Co., Ltd.
12. Hangzhou Royo Import & Export Co., Ltd.
13. Heyond Cabinet Co., Ltd.
14. Honsoar New Building Material Co., Ltd.
15. HS Furniture Industrial Co., Ltd.
16. Jiang Su Rongxin Wood Industry Co., Ltd.
17. Jiangsu Beichen Wood Co., Ltd.
18. Jiangsu Sunwell Cabinetry Co., Ltd.
19. Jiangsu Weisen Houseware Co., Ltd.
20. Kunshan Baiyulan Furniture Co., Ltd.
21. Linyi Bonn Flooring Manufacturing Co., Ltd.
22. Linyi Kaipu Furniture Co., Ltd.
23. Morewood Cabinetry Co., Ltd.
24. Pizhou Ouyme Import & Export Trade Co., Ltd.
25. Qingdao Shousheng Industry Co., Ltd.
26. Rizhao Foremost Woodwork Manufacturing Company Ltd.
27. Shandong Huanmei Wood Co., Ltd.
28. Shanghai Zifeng International Trading Co., Ltd.
29. Sheen Lead International Trading (Shanghai) Co., Ltd.
30. Shouguang Jinxiangyuan Home Furnishing Co., Ltd.
31. Shouguang Sanyang Wood Industry Co., Ltd.
32. Tech Forest Cabinetry Co., Ltd.
33. The Ancientree Cabinet Co., Ltd.
34. Weifang Fuxing Wood Co., Ltd.
35. Weihai Jarlin Cabinetry Manufacture Co., Ltd.
36. Xiamen Adler Cabinetry Co., Ltd.
37. Xiamen Goldenhome Co., Ltd.
38. Xuzhou Yihe Wood Co., Ltd.
39. Yichun Dongmeng Wood Co., Ltd.
40. Yixing Pengjia Cabinetry Co., Ltd.
Companies Considered To Be Part of the China-Wide Entity
1. Deqing Meisheng Import and Export Co., Ltd.
2. Fuzhou Pyrashine Trading Co., Ltd.
3. Jiang Su Rongxin Import and Export Co., Ltd.
4. Linshu Meibang Furniture Co., Ltd.
5. Shanghai Beautystar Cabinetry Co., Ltd.
6. Shanghai Zifeng Industries Development Co., Ltd.
7. ZBOM Cabinets Co., Ltd.
8. Zhongshan KM Cabinetry Co., Ltd.
Non-Selected Companies Under Review Receiving a Separate Rate
1. Dalian Meisen Woodworking Co., Ltd.
2. Fujian Dushi Wooden Industry Co., Ltd.
3. Guangzhou Nuolande Import and Export Co., Ltd.
4. Jiangsu Xiangsheng Bedtime Furniture Co., Ltd.
5. KM Cabinetry Co., Ltd.
6. Linyi Bomei Furniture Co., Ltd.
7. Nantong Aershin Cabinets Co., Ltd.
8. Senke Manufacturing Company
9. Shandong Longsen Woods Co., Ltd.
10. Shenzhen Pengchengzhirong Trade Co., Ltd.
11. Shouguang Fushi Wood Co., Ltd.
12. Suzhou Siemo Wood Import & Export Co., Ltd.
13. Taishan Oversea Trading Company Ltd.
14. Zhangzhou OCA Furniture Co., Ltd.
15. Zhoushan For-strong Wood Co., Ltd.
[FR Doc. 2022-09813 Filed 5-5-22; 8:45 am]
BILLING CODE 3510-DS-P
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