Notice2023-03329
Certain Hardwood Plywood Products From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final 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
February 17, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) continues to determine 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 continues to determine 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
<html>
<head>
<title>Federal Register, Volume 88 Issue 33 (Friday, February 17, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10290-10292]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03329]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-051]
Certain Hardwood Plywood Products From the People's Republic of
China: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) continues to
determine 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
continues to determine 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 February 17, 2023.
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 October 17, 2022, Commerce published the Preliminary Results of
this administrative review.\1\ We invited parties to comment on the
Preliminary Results. A complete summary of the events that occurred
since publication of the Preliminary Results may be found in the Issues
and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Certain Hardwood Plywood from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2021, 87 FR 62791
(October 17, 2022) (Preliminary Results).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Certain Hardwood Plywood Products from the People's
Republic of China; 2021,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>3</SUP>
---------------------------------------------------------------------------
\3\ 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).
---------------------------------------------------------------------------
The merchandise covered by the Order is hardwood plywood 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 in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum. A list of the issues that parties
raised and to which we responded in the Issues and Decision Memorandum
is attached to this notice in Appendix II. 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
[[Page 10291]]
(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 a review of the record and the comment received from
interested parties, we made no changes to the Preliminary Results.
Final Determination of No Shipments
Commerce preliminarily found that six exporters did not ship
subject merchandise during the POR.\4\ As noted in the Preliminary
Results, we received no-shipment statements from these exporters, and
their statements were consistent with the information we received from
U.S. Customs and Border Protection (CBP).\5\ Therefore, for these final
results, we continue to find that these six exporters had no shipments
of subject merchandise to the United States during the POR.
---------------------------------------------------------------------------
\4\ These six exporters are: (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.
\5\ 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 (collectively, CBP No Shipment Inquiries).
---------------------------------------------------------------------------
China-Wide Entity
With the exception of the aforementioned six exporters that
submitted no-shipment certifications, we find all other companies for
which a review was requested to be part of the China-wide entity.
Accordingly, the companies listed in Appendix I are part of the China-
wide entity.\6\
---------------------------------------------------------------------------
\6\ See Appendix I.
---------------------------------------------------------------------------
Because no party requested a review of the China-wide entity, we
did not conduct a review of the China-wide entity. The rate previously
established for the China-wide entity is 183.36 percent and is not
subject to change as a result of this review.\7\
---------------------------------------------------------------------------
\7\ See Order.
---------------------------------------------------------------------------
Assessment Rates
We have not calculated any assessment rates in this administrative
review. Based on record evidence, we have determined that the
aforementioned six companies had no shipments of subject merchandise
and, therefore, pursuant to Commerce's assessment practice, any
suspended entries entered under their case numbers will be liquidated
at the China-wide entity rate.\8\
---------------------------------------------------------------------------
\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
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).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of
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 Tariff Act of 1930, as amended (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, and which were not assigned the China-wide
rate in this review, 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
(including the companies listed in Appendix I), the cash deposit rate
will be that for the China-wide entity (i.e., 183.36 percent); 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 cash 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 315.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. 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.
Administrative Protective Order
This notice also serves as the only 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(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 violation subject
to sanction.
Notification to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h).
Dated: February 10, 2023.
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
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issue
[[Page 10292]]
Comment: Commerce Should Ensure that All Subject Merchandise Is
Subject to the Appropriate Duties
V. Recommendation
[FR Doc. 2023-03329 Filed 2-16-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on February 17, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.