Notice2022-18250
Wooden Cabinets and Vanities and Components Thereof From the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2019-2020
Primary source
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Published
August 24, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to the producers and exporters subject to the administrative review of wooden cabinets and vanities and components thereof (cabinets) from the People's Republic of China (China) during the period of review (POR) August 12, 2019, through December 31, 2020. Commerce is also rescinding the review with respect to four companies that had no reviewable entries during the POR.
Full Text
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<title>Federal Register, Volume 87 Issue 163 (Wednesday, August 24, 2022)</title>
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[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Notices]
[Pages 51967-51969]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18250]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-107]
Wooden Cabinets and Vanities and Components Thereof From the
People's Republic of China: Final Results and Partial Rescission of
Countervailing Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to the producers and
exporters subject to the administrative review of wooden cabinets and
vanities and components thereof (cabinets) from the People's Republic
of China (China) during the period of review (POR) August 12, 2019,
through December 31, 2020. Commerce is also rescinding the review with
respect to four companies that had no reviewable entries during the
POR.
DATES: Applicable August 24, 2022.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, 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) 482-0410.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review in the Federal Register on May 6, 2022, and invited interested
parties to comment.\1\ On June 6, 2022, we received timely case briefs
from the American Kitchen Cabinet Alliance (the petitioner) and Dalian
Hualing Wood Co., Ltd. (Hualing). On June 13, 2022, we received timely
rebuttal briefs from the petitioner and from Hualing. For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\2\
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\1\ See Wooden Cabinets and Vanities and Components Thereof from
the People's Republic of China: Preliminary Results of
Countervailing Duty Administrative Review, Rescission and Intent To
Rescind Administrative Review, in Part; 2019-2020, 87 FR 27099 (May
6, 2022) (Preliminary Results), and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Wooden Cabinets and Vanities and Components Thereof from the
People's Republic of China; 2019-2020,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>3</SUP>
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\3\ See Wooden Cabinets and Vanities and Components Thereof from
the People's Republic of China: Countervailing Duty Order, 85 FR
22134 (April 21, 2020) (Order).
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The product covered by the Order is cabinets from China. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties in briefs are addressed in
the Issues and Decision Memorandum accompanying this notice. A list of
the issues raised by interested parties and to which Commerce responded
in the Issues and Decision Memorandum is provided in the Appendix to
this notice. The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on comments in case and rebuttal briefs and record evidence,
Commerce made certain changes from the Preliminary Results with regard
to the calculation of Hualing's program rates. As a result of the
changes to Hualing's program rates, the final rate for Jiangsu
Xiangsheng Bedtime Furniture Co., Ltd., and Senke Manufacturing Company
(i.e., the non-selected respondents) and the final total adverse facts
available (AFA) rates for Nantong Aershin Cabinet Co., Ltd. (i.e., the
non-cooperative mandatory respondent) also changed. These changes are
explained in the Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each subsidy program found to be countervailable, Commerce finds
that there is a subsidy, i.e., a financial contribution from a
government or public entity that gives rise to a benefit to the
recipient, and that the subsidy is specific.\4\ For a full description
of the methodology underlying all of Commerce's conclusions, including
any determination that relied upon the use of AFA pursuant to section
776(a) and (b) of the Act, see the Issues and Decision Memorandum.
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\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Rescission of Administrative Review, in Part
It is Commerce's practice to rescind an administrative review of a
CVD order, pursuant to 19 CFR 351.213(d)(3), when there are no
reviewable entries of subject merchandise during the POR for which
liquidation is suspended.\5\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the CVD
assessment rate calculated for the review period.\6\ Therefore, for an
administrative review of a company to be conducted, there must be a
reviewable, suspended entry that Commerce can instruct U.S. Customs and
Border Protection (CBP) to liquidate at the CVD assessment rate
calculated for the review period.\7\
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\5\ Id.
\6\ See 19 CFR 351.212(b)(2).
\7\ See 19 CFR 351.213(d)(3).
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As noted in the Preliminary Results, according to the CBP import
data, the following four companies subject to this review did not have
reviewable entries of subject merchandise during the POR for which
liquidation is suspended: (1) Guangzhou Nuolande Import and Export Co.,
Ltd.; (2) Linyi Kaipu Furniture Co., Ltd.; (3) Shandong Longsen Woods
Co., Ltd.; and (4) Zhoushan For-strong Wood Co., Ltd. Accordingly, in
the Preliminary Results, Commerce stated its intention to rescind the
review with respect to these companies in the final results. We
continue to find these companies had no reviewable entries of subject
merchandise during the POR for which liquidation is suspended. Because
there is no evidence on the record of this segment of the proceeding to
indicate that these companies had entries, exports, or sales of subject
merchandise to the United States during the POR, we are rescinding this
review with respect to these companies, consistent with 19 CFR
351.213(d)(3).
[[Page 51968]]
Companies Not Selected for Individual Review
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 705(c)(5) of the Act, which provides instructions for
determining the all-others rate in an investigation, for guidance when
calculating the rate for companies which were not selected for
individual examination in an administrative review. Under section
705(c)(5)(A) of the Act, the all-others rate is normally ``an amount
equal to the weighted average of the countervailable subsidy rates
established for exporters and producers individually investigated,
excluding any zero or de minimis countervailable subsidy rates, and any
rates determined entirely {on the basis of facts available{time} .''
There are two companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross owned with a mandatory respondent: (1) Jiangsu
Xiangsheng Bedtime Furniture Co., Ltd., and (2) Senke Manufacturing
Company. For these non-selected companies, we are basing the subsidy
rate on the subsidy rate calculated for Hualing, the only mandatory
respondent with a final subsidy rate that is not zero, de minimis, or
based entirely on facts available.\8\ This methodology to establish the
non-selected subsidy rate is consistent with our practice with regard
to the all-others rate, pursuant to section 705(c)(5)(A)(i) of the Act.
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\8\ See Issues and Decision Memorandum at 5.
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Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(5), Commerce calculated the
following net countervailable subsidy rates for the period August 12,
2019, through December 31, 2020:
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\9\ This company was selected as a mandatory respondent but did
not respond to Commerce's initial questionnaire. Accordingly, the
rate for this company was based on facts available with an adverse
inference pursuant to sections 776(a) and (b) of the Act. For a
detailed discussion, see Preliminary Results PDM.
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Subsidy Rate--2019 Subsidy Rate--2020
Company (percent ad valorem) (percent ad valorem)
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Dalian Hualing Wood Co., Ltd.................................. 8.44 2.78
Nantong Aershin Cabinet Co., Ltd \9\.......................... 144.63 144.63
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Review-Specific Average Rate Applicable to the Following Companies
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Jiangsu Xiangsheng Bedtime Furniture Co., Ltd................. 8.44 2.78
Senke Manufacturing Company................................... 8.44 2.78
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Disclosure
We intend to disclose the calculations performed in connection with
these final results to parties in this proceeding within five days
after public announcement of the final results or, if there is no
public announcement, within five days of the date of publication of the
notice of final results in the Federal Register, in accordance with 19
CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce will determine, CBP shall assess,
countervailing duties on all appropriate entries of subject merchandise
covered by this review. We intend to issue assessment instructions to
CBP 35 days after the date of publication of these final results of
review. 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).
For the companies for which this review is rescinded, Commerce will
instruct CBP to assess countervailing duties on all appropriate entries
at a rate equal to the cash deposit of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption, during the POR in accordance with 19 CFR 351.212(c)(l)(i).
Cash Deposit Instructions
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the respective companies listed
above on shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review. For all non-reviewed firms
subject to the order, we will instruct CBP to continue to collect cash
deposits of estimated countervailing duties at the most recent company-
specific or all-others rate applicable to the company, as appropriate.
These cash deposit requirements, effective upon publication of these
final results, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
Commerce is issuing and publishing these final results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(5).
Dated: August 18, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Rescission of the Administrative Review, In Part
VI. Non-Selected Companies Under Review
VII. Subsidies Valuation Information
VIII. Interest Rates, Discount Rates, and Benchmarks
IX. Use of Facts Otherwise Available and Application of Adverse
Inferences
X. Analysis of Programs
XI. Analysis of Comments
[[Page 51969]]
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) to the Export Buyer's Credit (EBC) Program
Comment 2: Whether Producers of Certain Inputs Are Authorities
Comment 3: Whether the Provision of Electricity Provided a
Financial Contribution and Is Specific
Comment 4: Whether Commerce Should Apply AFA to ``Other
Subsidies''
Comment 5: Whether Commerce Should Adjust the Benchmark for
Plywood
Comment 6: Whether Commerce Should Adjust the Benchmark for Sawn
Wood and Shaped Wood
XII. Recommendation
[FR Doc. 2022-18250 Filed 8-23-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 24, 2022.
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