Notice2022-24465
Wooden Cabinet and Vanities and Components Thereof From the People's Republic of China: Final 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
November 9, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) 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 People's Republic of China (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).
Full Text
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<title>Federal Register, Volume 87 Issue 216 (Wednesday, November 9, 2022)</title>
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[Federal Register Volume 87, Number 216 (Wednesday, November 9, 2022)]
[Notices]
[Pages 67674-67676]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24465]
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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: Final Results and Partial Rescission of the
Antidumping Duty Administrative Review; 2019-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) 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 People's Republic of
China (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).
DATES: Applicable November 9, 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) 482-4849.
SUPPLEMENTARY INFORMATION:
Background
On May 6, 2022, Commerce published the Preliminary Results of the
administrative review and invited interested parties to comment.\1\ For
a complete description of the events that occurred since Commerce
published the Preliminary Results, see the Issues and Decision
Memorandum.\2\ On August 18, 2022, we extended the deadline for these
final results to November 2, 2022.\3\ Commerce conducted this review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).
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\1\ See Wooden Cabinets and Vanities and Components Thereof From
the People's Republic of China: Preliminary Results and Partial
Recission of the Antidumping Duty Administrative Review; 2019-2021,
87 FR 27090 (May 6, 2022) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum:
Antidumping Duty Administrative Review ofn Wooden Cabinets and
Vanities and Components Thereof From the People's Republic of China;
2019-2021,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
\3\ See Memorandum, ``Wooden Cabinets and Vanities and
Components Thereof of From the People's Republic of China: Extension
of Deadline for the Final Results of the Antidumping Duty
Administrative Review; 2019-2021,'' dated August 18, 2022.
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Scope of the Order <SUP>4</SUP>
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\4\ 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).
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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. For full description of the scope of the Order, see
the Issues and Decision Memorandum.
[[Page 67675]]
Analysis of Comments Received
All issues raised in the parties' briefs are addressed in the
Issues and Decision Memorandum. A list of the issues addressed is
included as Appendix I 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>.
Separate Rates
Commerce determines that 15 companies, not individually examined,
are eligible for separate rates in this administrative review.\5\ 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 final
results of this review, Commerce determined the estimated dumping
margin for Qufu Xinyu to be zero. For the reasons explained in the
Issues and Decision Memorandum, we are assigning this rate to the non-
examined respondents which qualify for a separate rate in this
review.\6\
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\5\ See Appendix II.
\6\ See Issues and Decision Memorandum at Comment 3.
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China-Wide Entity
Commerce considers all other companies, listed in Appendix II of
this notice, for which a review was requested, and which did not
demonstrate separate rate eligibility, to be part of the China-wide
entity.
Rescission of Administrative Review
As discussed in the Issues Decision Memorandum, Commerce continues
to find 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 subject merchandise.\7\ 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.\8\
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\7\ Id. at Comment 2.
\8\ Id.
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Because the non-bona fide sale was the only reported sale of
subject merchandise during the POR, we find that Hauling had no
reviewable transactions during this POR and is ineligible for an
administrative review. Accordingly, we are rescinding this
administrative review with respect to Hualing.
In the Preliminary Results, Commerce determined that Rongxin Wood
is the successor-in-interest to Rongxin Cabinets.\9\ No interested
party commented on this issue, and we did not receive any information
to contradict our preliminary finding. Therefore, we continue to find
that Rongxin Wood is the successor-in-interest to Rongxin Cabinets.
Effective the date of publication of the final results of review, we
will instruct U.S. Customs and Border Protection (CBP) to apply the
antidumping duty cash deposit rate applicable to Rongxin Cabinets to
entries of subject merchandise exported by Rongxin Wood. Based on
Rongxin Wood's timely withdrawal of its request for a review, we are
rescinding the review with respect to Rongxin Cabinets.\10\
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\9\ See Preliminary Results PDM at 6-8.
\10\ See Rongxin Wood's Letter, ``Wooden Cabinets and Vanities
and Components Thereof From the People's Republic of China--
Withdrawal of Request for Administrative Review,'' dated September
8, 2021.
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Final Results of Administrative Review
Commerce 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 Separate 0.00
Rate \11\..................................................
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Disclosure
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\11\ See Appendix II.
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Normally, Commerce discloses to the parties in a proceeding the
calculations performed in connection with a final results of review in
accordance with 19 CFR 351.224(b). However, because Commerce made no
adjustments to the margin calculation methodology used in the
Preliminary Results, there are no calculations to disclose for the
final results of review.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and CBP shall assess, antidumping duties on
all appropriate entries of subject merchandise in accordance with these
final results of review. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of the final results of 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).
For Qufu Xinyu, and the respondents which were not selected for
individual examination in this administrative review, and which
qualified for a separate rate, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. For the
companies listed in Appendix II, identified as part of the China-wide
entity, we will instruct CBP to apply an antidumping duty assessment
rate of 251.64 percent (the rate applicable to the China-wide entity)
to all entries of subject merchandise during the POR exported by those
companies.\12\
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\12\ 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).
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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
sections 751(a)(2)(C) of the Act: (1) for subject merchandise exported
by the companies listed above that have separate rates, the cash
deposit rate will be the rate established in these final results of
review for each exporter as listed above; (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
[[Page 67676]]
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 also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping and/or countervailing duties prior to
liquidation of the relevant entries during this review period. Failure
to comply with this requirement could result in the Secretary's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. 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
We are issuing and publishing these final results of review in
accordance with sections 751(a)(l), 751(a)(2)(B), and 777(i) of the
Act.
Dated: November 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussions of the Issues
Comment 1: Whether Commerce's Bona Fides Sales Analysis is
Lawful
Comment 2: Whether Dalian Hualing Wood Co., Ltd. (Hualing) Made
a Bona Fide Sale
Comment 3: Selection of Surrogate Country
Comment 4: Whether Beautystar is Eligible for a Separate Rate
Comment 5: Calculation of the Separate Rate
Comment 6: Whether Commerce Should Rescind the Review for
Certain Companies
Comment 7: Whether Dalian Meisen Woodworking Co., Ltd. (Meisen)
is Eligible for a Separate Rate
V. Recommendation
Appendix II
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. 2022-24465 Filed 11-8-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 9, 2022.
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