Notice2022-22442
Certain Hardwood Plywood Products From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 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
October 17, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that six 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, 2021, through December 31, 2021. Commerce also preliminarily determines that the remaining 14 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 199 (Monday, October 17, 2022)</title>
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[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Notices]
[Pages 62791-62793]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22442]
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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; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that six 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, 2021, through December 31, 2021. Commerce also
preliminarily determines that the remaining 14 companies subject to
this review are part of the China-wide entity because they did not
demonstrate eligibility for separate rates.
DATES: Applicable October 17, 2022.
FOR FURTHER INFORMATION CONTACT: Nicolas Mayora, 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) 482-3053.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2018, Commerce published in the Federal Register the
antidumping duty order on hardwood plywood from China.\1\ On January
11, 2022, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the Order.\2\ On
March 9, 2022, based on a timely request for an administrative review,
Commerce initiated the administrative review with respect to 20
exporters.\3\ Subsequently, we released U.S. Customs and Border
Protection (CBP) data to interested parties for comment.\4\
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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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 1396 (January 11,
2022).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 13252 (March 9, 2022).
\4\ See Memorandum, ``Release of U.S. Customs and Border
Protection Data,'' dated March 15, 2022.
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Between March 17 and April 8, 2022, we received timely no-shipment
certifications from six 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.
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\5\ We received timely no-shipment certifications from the
following companies: (1) Cosco Star International Co., Ltd.; (2)
Linyi Evergreen Wood Co., Ltd.; (3) Linyi Huasheng Yongbin Wood Co.,
Ltd.; (4) Linyi Sanfortune Wood Co., Ltd.; (5) Shanghai Luli Trading
Co., Ltd.; and (6) Suqian Hopeway International Trade Co., Ltd.
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\6\ A list of topics discussed in the Preliminary Decision
Memorandum is included at 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="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Certain
Hardwood Plywood Products from the People's Republic of China;
2021,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the scope of this Order is hardwood
plywood from China. A complete description of the scope of the Order is
contained in the Preliminary Decision Memorandum.\7\
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\7\ 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 six 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 six companies that submitted no-
shipment claims, and CBP responded that it has no record of any subject
entries for these six inquiries.\8\ For additional information
regarding this determination, see the Preliminary Decision Memorandum.
Consistent with our assessment in non-market economy administrative
reviews,\9\ Commerce is not rescinding this review for these six
companies.\10\ Commerce intends to complete this review and issue
appropriate instructions to CBP based on the final results of this
review.
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\8\ See Memoranda, ``No Shipment Inquiry for Suqian Hopeway
International Trade Co., Ltd. During the Period 01/01/2021 through
12/31/2021,'' dated May 20, 2022; ``No Shipment Inquiry for Shanghai
Luli Trading Co., Ltd. During the Period 01/01/2021 through 12/31/
2021,'' dated May 20, 2022; and ``No Shipment Inquiry for Certain
Companies During the Period 01/01/2021 through 12/31/2021,'' dated
June 13, 2022.
\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME
Proceedings); see also ``Assessment Rates'' section, infra.
\10\ See Appendix II.
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Separate Rates
Because the other 14 companies under review did not submit an SRA
or SRC, Commerce preliminarily determines that these companies have not
demonstrated their eligibility for separate rates.\11\ For additional
information, see the Preliminary Decision Memorandum.
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\11\ 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.\12\ 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.\13\ 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.\14\ For additional information, see the Preliminary
Decision Memorandum.
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\12\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\13\ Id.
\14\ See Order, 83 FR at 512.
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[[Page 62792]]
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. Rebuttal briefs, limited to issues raised in
case briefs, may be submitted no later than seven days after the
deadline date for case briefs.\15\ 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
portions of its requirements for serving documents containing business
proprietary information, until further notice.\16\
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\15\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\16\ 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.\17\ Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date. An electronically filed hearing
request must be received successfully in its entirety by ACCESS by 5:00
p.m. Eastern Time on the established deadline.
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\17\ See 19 CFR 351.310(d).
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Assessment Rates
Upon issuance of the final results of this review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\18\ We have not calculated any
assessment rates in this administrative review. Based on record
evidence, we have preliminarily determined that six 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.\19\ 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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\18\ See 19 CFR 351.212(b)(1).
\19\ For a full discussion of this practice, see NME
Proceedings.
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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 six
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,\20\ 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.
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\20\ See Appendix I.
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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 antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties.
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: October 3, 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. Happy Wood Industrial Group Co., Ltd.
3. Jiaxing Hengtong Wood Co., Ltd.
4. Linyi Chengen Import and Export Co., Ltd.
5. Linyi Glary Plywood Co., Ltd.
6. Linyi Jiahe Wood Industry Co., Ltd.
7. Qingdao Top P&Q International Corp.
8. Shanghai Brightwood Trading Co., Ltd.
9. Shanghai Futuwood Trading Co., Ltd.
10. Suzhou Oriental Dragon Import and Export Co., Ltd.
11. Xuzhou Jiangheng Wood Products Co., Ltd.
12. Xuzhou Jiangyang Wood Industries Co., Ltd.
13. Xuzhou Timber International Trade Co., Ltd.
14. Zhejiang Dehua TB Import & Export Co., Ltd.
Appendix II--Companies Preliminarily Found To Have No Shipments
1. Cosco Star International Co., Ltd.
2. Linyi Evergreen Wood Co., Ltd.
3. Linyi Huasheng Yongbin Wood Co., Ltd.
4. Linyi Sanfortune Wood Co., Ltd.
5. Shanghai Luli Trading Co., Ltd.
6. Suqian Hopeway International Trade 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
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V. Recommendation
[FR Doc. 2022-22442 Filed 10-14-22; 8:45 am]
BILLING CODE 3510-DS-P
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