Notice2023-04454
Certain Hardwood Plywood Products From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order
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
March 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on certain hardwood plywood products (hardwood plywood) from the People's Republic of China (China) would be likely to lead to the continuation or recurrence of countervailable subsidies at the levels indicated in the "Final Results of Sunset Review" section of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 43 (Monday, March 6, 2023)</title>
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[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Notices]
[Pages 13782-13783]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04454]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-052]
Certain Hardwood Plywood Products From the People's Republic of
China: Final Results of the Expedited First Sunset Review of the
Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that
revocation of the countervailing duty (CVD) order on certain hardwood
plywood products (hardwood plywood) from the People's Republic of China
(China) would be likely to lead to the continuation or recurrence of
countervailable subsidies at the levels indicated in the ``Final
Results of Sunset Review'' section of this notice.
DATES: Applicable March 6, 2023.
FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger, 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) 482-2517.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2018, Commerce published in the Federal Register the
Order on hardwood plywood from China.\1\ On December 1, 2022, Commerce
published the notice of initiation of the first sunset review of the
Order, in accordance with section 751(c) of the Tariff Act of 1930, as
amended (the Act).\2\ On December 13, 2022, Commerce received a timely
notice of intent to participate from the Coalition for Fair Trade in
Hardwood Plywood (Coalition), a domestic interested party.\3\ The
Coalition claimed interested party status under section 771(9)(C) of
the Act as a group of domestic producers engaged in the production of
hardwood plywood in the United States.
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\1\ See Certain Hardwood Plywood Products from the People's
Republic of China: Countervailing Duty Order, 83 FR 513 (January 4,
2018) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757
(December 1, 2022).
\3\ See Coalition's Letter, ``Notice of Intent to Participate in
Sunset Review,'' dated December 13, 2022.
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On January 3, 2023, Commerce received a timely and adequate
substantive response from the Coalition.\4\ We received no substantive
responses from any other interested parties, including the Government
of China, nor was a hearing requested. On January 25, 2023, Commerce
notified the U.S. International Trade Commission that it did not
receive an adequate substantive response from respondent interested
parties.\5\ As a result, pursuant to 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day)
sunset review of the Order.
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\4\ See Coalition's Letter, ``Substantive Response to the Notice
of Initiation,'' dated January 3, 2023 (Coalition's Substantive
Response).
\5\ See Commerce's Letter, ``Sunset Reviews Initiated on
December 1, 2022,'' dated January 25, 2023.
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Scope of the Order
The merchandise covered by the Order is hardwood and decorative
plywood, and certain veneered panels. For a complete description of the
scope, see the Issues and Decision Memorandum.\6\
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited First Sunset Review of the
Countervailing Duty Order on Certain Hardwood Plywood Products from
the People's Republic of China,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in this sunset review are addressed in the
accompanying Issues and Decision Memorandum, which is hereby adopted by
this notice. The issues discussed in the Issues and Decision Memorandum
are the likelihood of continuation or recurrence of countervailable
subsidies, the net countervailable subsidy rates that are likely to
prevail, and the nature of the subsidies. A list of the topics
discussed in the Issues and Decision Memorandum is attached as an
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>.
[[Page 13783]]
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce
determines that revocation of the Order would be likely to lead to the
continuation or recurrence of countervailable subsidies at the rates
listed below:
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Subsidy
rate
Producer/exporter (percent ad
valorem)
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Shandong Dongfang Bayley Wood Co., Ltd \7\................. 194.90
Linyi Sanfortune Wood Co., Ltd............................. 22.98
All Others................................................. 22.98
Non-cooperative Companies \8\.............................. 194.90
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Administrative Protective Order (APO)
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\7\ Commerce found that Shandong Dongfang Bayley Wood Co., Ltd.
is cross-owned with Linyi Yinhe Panel Factory, a producer of subject
merchandise. Commerce also applied Shandong Dongfang Bayley Wood
Co., Ltd.'s rate to Linyi Yinhe Panel Factory. See Order, 83 FR at
516.
\8\ Fifty-nine non-cooperative companies received a subsidy rate
based on facts available with an adverse inference. See
Countervailing Duty Investigation of Certain Hardwood Plywood
Products from the People's Republic of China: Final Affirmative
Determination, and Final Affirmative Critical Circumstances
Determination, in Part, 82 FR 53473, 53474 (November 16, 2017).
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This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305. Timely 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 results in accordance with
sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218.
Dated: February 27, 2023.
Abdelali Elouaradia,
Deputy 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. History of Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Countervailable
Subsidies
2. Net Countervailable Subsidy Rates that Are Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023-04454 Filed 3-3-23; 8:45 am]
BILLING CODE 3510-DS-P
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