Notice2023-12028
Certain Hardwood Plywood Products From the People's Republic of China: Continuation of the Antidumping and Countervailing Duty Orders
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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
June 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) in their five-year (sunset) reviews that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on certain hardwood plywood products (hardwood plywood) from the People's Republic of China (China) would likely lead to the continuation or recurrence of dumping and countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders.
Full Text
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<title>Federal Register, Volume 88 Issue 108 (Tuesday, June 6, 2023)</title>
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[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37014-37017]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12028]
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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: Continuation of the Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
in their five-year (sunset) reviews that revocation of the antidumping
duty (AD) and countervailing duty (CVD) orders on certain hardwood
plywood products (hardwood plywood) from the People's Republic of China
(China) would likely lead to the continuation or recurrence of dumping
and countervailable subsidies, and material injury to an industry in
the United States, Commerce is publishing a notice of continuation of
these AD and CVD orders.
[[Page 37015]]
DATES: Applicable May 25, 2023.
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:
Background
On January 4, 2018, Commerce published the AD and CVD orders on
hardwood plywood from China.\1\ On December 1, 2022, the ITC
instituted,\2\ and Commerce initiated, the first sunset reviews of the
Orders, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).\3\ As a result of its reviews, Commerce determined
that revocation of the Orders would likely lead to the continuation or
recurrence of dumping and countervailable subsidization, and,
therefore, notified the ITC of the magnitude of the margins and subsidy
rates likely to prevail should the Orders be revoked.\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);
see also Certain Hardwood Plywood Products from the People's
Republic of China: Countervailing Duty Order, 83 FR 513 (January 4,
2018) (collectively, the Orders).
\2\ See Hardwood Plywood from China; Institution of Five-Year
Review, 87 FR 73792 (December 1, 2022).
\3\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757
(December 1, 2022).
\4\ See Certain Hardwood Plywood Products from the People's
Republic of China: Final Results of the Expedited Sunset Review of
the Antidumping Duty Order, 88 FR 20121 (April 5, 2023), and
accompanying Issues and Decision Memorandum (IDM); see also Certain
Hardwood Plywood Products from the People's Republic of China: Final
Results of the Expedited First Sunset Review of the Countervailing
Duty Order, 88 FR 13782 (March 6, 2023), and accompanying IDM.
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On May 25, 2023, the ITC published its determination, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Hardwood Plywood from China, 88 FR 33906 (May 25, 2023).
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Scope of the Orders
The merchandise covered by the Orders is hardwood and decorative
plywood, and certain veneered panels as described below. For purposes
of this proceeding, hardwood and decorative plywood is defined as a
generally flat, multilayered plywood or other veneered panel,
consisting of two or more layers or plies of wood veneers and a core,
with the face and/or back veneer made of non-coniferous wood (hardwood)
or bamboo. The veneers, along with the core may be glued or otherwise
bonded together. Hardwood and decorative plywood may include products
that meet the American National Standard for Hardwood and Decorative
Plywood, ANSI/HPVA HP-1-2016 (including any revisions to that
standard).
For purposes of the Orders, a ``veneer'' is a slice of wood
regardless of thickness which is cut, sliced or sawed from a log, bolt,
or flitch. The face and back veneers are the outermost veneer of wood
on either side of the core irrespective of additional surface coatings
or covers as described below.
The core of hardwood and decorative plywood consists of the layer
or layers of one or more material(s) that are situated between the face
and back veneers. The core may be composed of a range of materials,
including but not limited to hardwood, softwood, particleboard, or
medium-density fiberboard (MDF).
All hardwood plywood is included within the scope of the Orders
regardless of whether or not the face and/or back veneers are surface
coated or covered and whether or not such surface coating(s) or covers
obscures the grain, textures, or markings of the wood. Examples of
surface coatings and covers include, but are not limited to: ultra
violet light cured polyurethanes; oil or oil-modified or water based
polyurethanes; wax; epoxy-ester finishes; moisture-cured urethanes;
paints; stains; paper; aluminum; high pressure laminate; MDF; medium
density overlay (MDO); and phenolic film. Additionally, the face veneer
of hardwood plywood may be sanded; smoothed or given a ``distressed''
appearance through such methods as hand-scraping or wire brushing. All
hardwood plywood is included within the scope even if it is trimmed,
cut-to-size, notched, punched, drilled, or has underwent other forms of
minor processing.
All hardwood and decorative plywood is included within the scope of
the Orders, without regard to dimension (overall thickness, thickness
of face veneer, thickness of back veneer, thickness of core, thickness
of inner veneers, width, or length). However, the most common panel
sizes of hardwood and decorative plywood are 1219 x 1829 mm (48 x 72
inches), 1219 x 2438 mm (48 x 96 inches), and 1219 x 3048 mm (48 x 120
inches).
Subject merchandise also includes hardwood and decorative plywood
that has been further processed in a third country, including but not
limited to trimming, cutting, notching, punching, drilling, or any
other processing that would not otherwise remove the merchandise from
the scope of the Orders if performed in the country of manufacture of
the in-scope product.
The scope of the Orders excludes the following items: (1)
structural plywood (also known as ``industrial plywood'' or
``industrial panels'') that is manufactured to meet U.S. Products
Standard PS 1-09, PS 2-09, or PS 2-10 for Structural Plywood (including
any revisions to that standard or any substantially equivalent
international standard intended for structural plywood), and which has
both a face and a back veneer of coniferous wood; (2) products which
have a face and back veneer of cork; (3) multilayered wood flooring, as
described in the AD and CVD orders on Multilayered Wood Flooring from
the People's Republic of China. See Multilayered Wood Flooring from the
People's Republic of China, 76 FR 76690 (December 8, 2011) (amended
final determination of sales at less than fair value and AD order), and
Multilayered Wood Flooring from the People's Republic of China, 76 FR
76693 (December 8, 2011) (countervailing duty order), as amended by
Multilayered Wood Flooring from the People's Republic of China: Amended
Antidumping and Countervailing Duty Orders, 77 FR 5484 (February 3,
2012); (4) multilayered wood flooring with a face veneer of bamboo or
composed entirely of bamboo; (5) plywood which has a shape or design
other than a flat panel, with the exception of any minor processing
described above; (6) products made entirely from bamboo and adhesives
(also known as ``solid bamboo''); and (7) Phenolic Film Faced Plyform
(PFF), also known as Phenolic Surface Film Plywood (PSF), defined as a
panel with an ``Exterior'' or ``Exposure 1'' bond classification as is
defined by The Engineered Wood Association, having an opaque phenolic
film layer with a weight equal to or greater than 90g/m3 permanently
bonded on both the face and back veneers and an opaque, moisture
resistant coating applied to the edges.
Excluded from the scope of the Orders are wooden furniture goods
that, at the time of importation, are fully assembled and are ready for
their intended uses. Also excluded from the scope of the Orders is
``ready to assemble'' (RTA) furniture. RTA furniture is defined as (A)
furniture packaged for sale for ultimate purchase by an end-user that,
at the time of importation, includes (1) all wooden components (in
finished form) required to assemble a finished unit of furniture, (2)
all accessory parts (e.g., screws, washers, dowels, nails,
[[Page 37016]]
handles, knobs, adhesive glues) required to assemble a finished unit of
furniture, and (3) instructions providing guidance on the assembly of a
finished unit of furniture; (B) unassembled bathroom vanity cabinets,
having a space for one or more sinks, that are imported with all
unassembled hardwood and hardwood plywood components that have been
cut-to-final dimensional component shape/size, painted or stained prior
to importation, and stacked within a singled shipping package, except
for furniture feet which may be packed and shipped separately; or (C)
unassembled bathroom vanity linen closets that are imported with all
unassembled hardwood and hardwood plywood components that have been
cut-to-final dimensional shape/size, painted or stained prior to
importation, and stacked within a single shipping package, except for
furniture feet which may be packed and shipped separately.
Excluded from the scope of the Orders are kitchen cabinets that, at
the time of importation, are fully assembled and are ready for their
intended uses. Also excluded from the scope of the Orders are RTA
kitchen cabinets. RTA kitchen cabinets are defined as kitchen cabinets
packaged for sale for ultimate purchase by an end-user that, at the
time of importation, includes (1) all wooden components (in finished
form) required to assemble a finished unit of cabinetry, (2) all
accessory parts (e.g., screws, washers, dowels, nails, handles, knobs,
hooks, adhesive glues) required to assemble a finished unit of
cabinetry, and (3) instructions providing guidance on the assembly of a
finished unit of cabinetry.
Excluded from the scope of the Orders are finished table tops,
which are table tops imported in finished form with pre-cut or drilled
openings to attach the underframe or legs. The table tops are ready for
use at the time of import and require no further finishing or
processing.
Excluded from the scope of this Orders are finished countertops
that are imported in finished form and require no further finishing or
manufacturing.
Excluded from the scope of the Orders are laminated veneer lumber
door and window components with (1) a maximum width of 44 millimeters,
a thickness from 30 millimeters to 72 millimeters, and a length of less
than 2413 millimeters (2) water boiling point exterior adhesive, (3) a
modulus of elasticity of 1,500,000 pounds per square inch or higher,
(4) finger-jointed or lap-jointed core veneer with all layers oriented
so that the grain is running parallel or with no more than 3 dispersed
layers of veneer oriented with the grain running perpendicular to the
other layers; and (5) top layer machined with a curved edge and one or
more profile channels throughout.
Excluded from the scope of the Orders are certain door stiles and
rails made of laminated veneer lumber that have a width not to exceed
50 millimeters, a thickness not to exceed 50 millimeters, and a length
of less than 2,450 millimeters.
Imports of hardwood plywood are primarily entered under the
following Harmonized Tariff Schedule of the United States (HTSUS)
subheadings: 4412.10.0500; 4412.31.0520; 4412.31.0540; 4412.31.0560;
4412.31.0620; 4412.31.0640; 4412.31.0660; 4412.31.2510; 4412.31.2520;
4412.31.2610; 4412.31.2620; 4412.31.4040; 4412.31.4050; 4412.31.4060;
4412.31.4075; 4412.31.4080; 4412.31.4140; 4412.31.4150; 4412.31.4155;
4412.31.4160; 4412.31.4180; 4412.31.4200; 4412.31.4500; 4412.31.4850;
4412.31.4860; 4412.31.4863; 4412.31.4865; 4412.31.4866; 4412.31.4880;
4412.31.4869; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165;
4412.31.5175; 4412.31.5235; 4412.31.5255; 4412.31.5260; 4412.31.5262;
4412.31.5264; 4412.31.5265; 4412.31.5266; 4412.31.5268; 4412.31.5270;
4412.31.5275; 4412.31.6000; 4412.31.6100; 4412.31.9100; 4412.31.9200;
4412.32.0520; 4412.32.0540; 4412.32.0565; 4412.32.0570; 4412.32.0620;
4412.32.0640; 4412.32.0670; 4412.32.2510; 4412.32.2525; 4412.32.2530;
4412.32.2610; 4412.32.2630; 4412.32.3125; 4412.32.3135; 4412.32.3155;
4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.3235; 4412.32.3255;
4412.32.3265; 4412.32.3275; 4412.32.3285; 4412.32.5600; 4412.32.5700;
4412.33.0620; 4412.33.0640; 4412.33.0670; 4412.33.2630; 4412.33.3235;
4412.33.3255; 4412.33.3265; 4412.33.3275; 4412.33.3285; 4412.33.5700;
4412.34.2600; 4412.34.3235; 4412.34.3255; 4412.34.3265; 4412.34.3275;
4412.34.3285; 4412.34.5700; 4412.39.1000; 4412.39.3000; 4412.39.4011;
4412.39.4012; 4412.39.4019; 4412.39.4031; 4412.39.4032; 4412.39.4039;
4412.39.4051; 4412.39.4052; 4412.39.4059; 4412.39.4061; 4412.39.4062;
4412.39.4069; 4412.39.5010; 4412.39.5030; 4412.39.5050; 4412.41.0000;
4412.42.0000; 4412.51.1030; 4412.51.1050; 4412.51.3111; 4412.51.3121;
4412.51.3141; 4412.51.3161; 4412.51.3175; 4412.51.4100; 4412.51.5100;
4412.52.1030; 4412.52.1050; 4412.52.3121; 4412.52.3161; 4412.52.3175;
4412.52.4100; 4412.52.5100; 4412.91.0600; 4412.91.1020; 4412.91.1030;
4412.91.1040; 4412.91.3110; 4412.91.3120; 4412.91.3130; 4412.91.3140;
4412.91.3150; 4412.91.3160; 4412.91.3170; 4412.91.4100; 4412.91.5115;
4412.92.0700; 4412.92.1120; 4412.92.1130; 4412.92.1140; 4412.92.3120;
4412.92.3150; 4412.92.3160; 4412.92.3170; 4412.92.4200; 4412.92.5215;
4412.94.1030; 4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121;
4412.94.3141; 4412.94.3161; 4412.94.3175; 4412.94.4100; 4412.99.0600;
4412.99.1020; 4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120;
4412.99.3130; 4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170;
4412.99.4100; 4412.99.5115; 4412.99.5710; and 9403.91.0080.
Imports of hardwood plywood may also enter under HTSUS subheadings:
4412.10.9000; 4412.94.5100; 4412.94.9500; 4412.99.6000; 4412.99.7000;
4412.99.8000; 4412.99.9000; 4412.99.9500; 9403.90.7005; 9403.90.7010;
9403.90.7080; 9403.91.0005; and 9403.91.0010. While the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of the Orders is dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the continuation of the Orders. U.S.
Customs and Border Protection will continue to collect AD and CVD cash
deposits at the rates in effect at the time of entry for all imports of
subject merchandise.
The effective date of the continuation of the Orders will be May
25, 2023. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year reviews
of the Orders not later than 30
[[Page 37017]]
days prior to the fifth anniversary of the effective date of
continuation.
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), 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 violation of
the APO which is subject to sanction.
Notification to Interested Parties
These five-year sunset reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-12028 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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