Notice2022-26670
Certain Hardwood Plywood Products From the People's Republic of China: Preliminary Scope Determination and Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders; Extension of Deadline To Certify Certain Entries
Primary source
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Published
December 8, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On July 29, 2022, the U.S. Department of Commerce (Commerce) published a notice of a preliminary scope determination and affirmative preliminary circumvention determination in the Federal Register concerning the antidumping duty (AD) and countervailing duty (CVD) orders on certain hardwood plywood products (hardwood plywood) from the People's Republic of China (China). This notice informs parties that Commerce has extended the deadline for certain exporters and importers to certify entries of hardwood plywood exported from the Socialist Republic of Vietnam (Vietnam) that were entered, or withdrawn from warehouse, for consumption on or after June 17, 2020, and until August 28, 2022. This notice also informs interested parties that Commerce is requesting comments regarding a potential modification to certification program eligibility, and the process for demonstrating eligibility for the certification program. In addition, this notice provides several other procedural notifications to interested parties.
Full Text
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<title>Federal Register, Volume 87 Issue 235 (Thursday, December 8, 2022)</title>
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[Federal Register Volume 87, Number 235 (Thursday, December 8, 2022)]
[Notices]
[Pages 75231-75232]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26670]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-051, C-570-052]
Certain Hardwood Plywood Products From the People's Republic of
China: Preliminary Scope Determination and Affirmative Preliminary
Determination of Circumvention of the Antidumping and Countervailing
Duty Orders; Extension of Deadline To Certify Certain Entries
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 29, 2022, the U.S. Department of Commerce (Commerce)
published a notice of a preliminary scope determination and affirmative
preliminary circumvention determination in the Federal Register
concerning the antidumping duty (AD) and countervailing duty (CVD)
orders on certain hardwood plywood products (hardwood plywood) from the
People's Republic of China (China). This notice informs parties that
Commerce has extended the deadline for certain exporters and importers
to certify entries of hardwood plywood exported from the Socialist
Republic of Vietnam (Vietnam) that were entered, or withdrawn from
warehouse, for consumption on or after June 17, 2020, and until August
28, 2022. This notice also informs interested parties that Commerce is
requesting comments regarding a potential modification to certification
program eligibility, and the process for demonstrating eligibility for
the certification program. In addition, this notice provides several
other procedural notifications to interested parties.
DATES: Applicable December 1, 2022.
[[Page 75232]]
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: In the Preliminary Determination, Commerce
established a certification program and a deadline for certain
exporters and importers to certify that entries of hardwood plywood
exported from Vietnam that entered, or were withdrawn from warehouse,
for consumption on or after June 17, 2020, and until August 28, 2022,
are not subject to the AD and CVD orders on hardwood plywood from
China.\1\ On September 12, 2022, Commerce extended the deadline for
exporters and importers to complete these certifications from September
12, 2022,\2\ to December 1, 2022.\3\
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\1\ See Certain Hardwood Plywood Products from the People's
Republic of China: Preliminary Scope Determination and Affirmative
Preliminary Determination of Circumvention of the Antidumping and
Countervailing Duty Orders, 87 FR 45753, 45756-58 (July 29, 2022)
(Preliminary Determination); see also 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); and Certain Hardwood Plywood
Products from the People's Republic of China: Countervailing Duty
Order, 83 FR 513 (January 4, 2018).
\2\ See Preliminary Determination, 87 FR at 45756.
\3\ See Memorandum, ``Extension of Deadline to Certify Certain
Entries of Hardwood Plywood and Response to Request to Modify Cash
Deposit Instructions,'' dated September 12, 2022; see also Certain
Hardwood Plywood Products from the People's Republic of China:
Preliminary Scope Determination and Affirmative Preliminary
Determination of Circumvention of the Antidumping and Countervailing
Duty Orders; Extension of Deadline To Certify Certain Entries, 87 FR
58063 (September 23, 2022).
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Extension and Modification
On November 30, 2022, Commerce issued a memorandum via Enforcement
and Compliance's Antidumping and Countervailing Duty Centralized
Electronic Service System (ACCESS) notifying interested parties that it
was extending the deadline for certifications of entries on or after
June 17, 2020, and until August 28, 2022, until thirty days after the
deadline for the final determination of this inquiry. Accordingly,
unless the final determination is extended, certifications of entries
on or after June 17, 2020, and until August 28, 2022, will be due by
March 2, 2023.\4\ Also on November 30, 2022, Commerce transmitted
instructions to U.S. Customs and Border Protection (CBP) notifying CBP
of the extended deadline.\5\ The deadline for exporters and importers
to complete the certification requirements established in the
Preliminary Determination for entries on or after June 17, 2020,
through August 28, 2022, is now March 2, 2023.
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\4\ See Memorandum, ``Extension of Deadline to Certify Certain
Entries of Hardwood Plywood and Response to Ministerial Error
Allegations,'' dated November 30, 2022.
\5\ See CBP Message 2335408, ``Notice of Amended Deadline for
Certifications in the Vietnam-wide Circumvention Inquiry of the
Antidumping and Countervailing Duty Orders on certain Hardwood
Plywood Products and Veneered Panels from the People's Republic of
China (A-570-051, C-570-052 and A-552-006, C-552-007),'' dated
December 1, 2022; see also CBP Message 2335409, ``Notice of Amended
Deadline for Certifications in the Scope Inquiry of the Antidumping
and Countervailing Duty Orders on Certain Hardwood Plywood Products
and Veneered Panels from the People's Republic of China (A-570-051
and C-570-052),'' dated December 1, 2022.
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In addition, after considering interested party comments to date,
Commerce is considering modifying its eligibility determination and
allowing 22 of the companies that Commerce precluded from participating
in the certification program in the Preliminary Determination (i.e.,
companies that failed to cooperate by submitting unreliable
information) \6\ to certify entries during the period beginning on June
17, 2020, through December 31, 2021. However, as detailed below, should
they wish to participate in the certification program after December
31, 2021, these 22 companies would still need to demonstrate their
eligibility to certify entries occurring on or after January 1, 2022.
As such, these 22 companies will not be allowed to participate in the
certification program for entries that entered on or after January 1,
2022. Additionally, Commerce does not intend to modify the
certification program for the 14 companies that are precluded from
participating in this certification program in the Preliminary
Determination (i.e., companies that failed to respond to Commerce's
requests for information) \7\ and continue to find these companies are
still not eligible to participate in the certification program until
they are able to demonstrate their eligibility, as described below.
Parties that wish to comment on this potential modification should do
so in their case briefs.\8\
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\6\ See Preliminary Determination at Appendix V.
\7\ Id.
\8\ Commerce intends to establish the schedule for case and
rebuttal briefs under 19 CFR 351.309(c) and (d) at a later date.
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In the event of an affirmative final determination, Commerce
intends to instruct CBP to liquidate all suspended entries from June
17, 2020, through December 31, 2021, pursuant to the previously issued
automatic liquidation instructions (ALIs) applicable to those periods.
Entries made on or after January 1, 2022, that are ineligible for
certification (from the 22 companies that failed to cooperate, the 14
companies that failed to respond, or for other reasons) shall remain
subject to suspension until final assessment on those entries, whether
by ALIs, or final results of administrative review.\9\ Interested
parties that wish to have their suspended entries reviewed or
eligibility for the certification program reevaluated should request an
administrative review of the relevant suspended entries during the next
anniversary month of these Orders (i.e., January 2023).\10\
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\9\ Commerce continues to consider the process by which
companies may demonstrate eligibility for the certification program
in future segments and may determine to audit some or all of the
certifications during this special excepted period (i.e., June 17,
2020-December 31, 2021) by parties that subsequently seek to
participate in the certification program. Commerce encourages
interested parties to provide comments on this topic in their case
briefs.
\10\ See 19 CFR 351.213(b).
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Notification to Interested Parties
This notice is issued and published in accordance with section
781(b) of the Tariff Act of 1930, as amended and 19 CFR 351.225(f) and
(h).\11\
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\11\ Commerce significantly revised its scope regulations on
September 20, 2021, with an effective date of November 4, 2021. See
Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021). The
amendments to 19 CFR 351.225 apply to scope inquiries for which a
scope ruling application is filed, as well as any scope inquiry
self-initiated by Commerce, on or after November 4, 2021. The newly
promulgated 19 CFR 351.226 applies to circumvention inquiries for
which a circumvention request is filed, as well as any circumvention
inquiry self-initiated by Commerce, on or after November 4, 2021. We
note that these scope and circumvention inquiries were initiated
prior to the effective date of the new regulations, and, thus, any
reference to the regulations is to the prior version of the
regulations.
Dated: December 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-26670 Filed 12-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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