Notice2023-19043
Certain Hardwood Plywood Products From the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of Antidumping and Countervailing Duty Scope Ruling; Notice of Amended Final Results
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
September 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On August 22, 2023, the U.S. Court of International Trade (CIT) issued its final judgment in Far East American, Inc., et al., v. United States, Consol. Court no. 22-00049 (Far Eastern), sustaining the U.S. Department of Commerce (Commerce)'s first remand results of redetermination pertaining to the final scope ruling for the antidumping and countervailing duty orders on certain hardwood plywood products (hardwood plywood) from the People's Republic of China (China). In the underlying ruling, Commerce determined that hardwood plywood exported into the United States by Vietnam Finewood Company Limited (Finewood) that was produced using two-ply panels imported into Vietnam from China was included in the scope of the orders. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final scope ruling on Finewood's two-ply panels from China and is amending its final scope ruling.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 170 (Tuesday, September 5, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Pages 60643-60644]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19043]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-051, C-570-052]
Certain Hardwood Plywood Products From the People's Republic of
China: Notice of Court Decision Not in Harmony With the Results of
Antidumping and Countervailing Duty Scope Ruling; Notice of Amended
Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 22, 2023, the U.S. Court of International Trade
(CIT) issued its final judgment in Far East American, Inc., et al., v.
United States, Consol. Court no. 22-00049 (Far Eastern), sustaining the
U.S. Department of Commerce (Commerce)'s first remand results of
redetermination pertaining to the final scope ruling for the
antidumping and countervailing duty orders on certain hardwood plywood
products (hardwood plywood) from the People's Republic of China
(China). In the underlying ruling, Commerce determined that hardwood
plywood exported into the United States by Vietnam Finewood Company
Limited (Finewood) that was produced using two-ply panels imported into
Vietnam from China was included in the scope of the orders. Commerce is
notifying the public that the CIT's final judgment is not in harmony
with Commerce's final scope ruling on Finewood's two-ply panels from
China and is amending its final scope ruling.
DATES: Applicable September 1, 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) 482-2953.
SUPPLEMENTARY INFORMATION:
Background
In response to a U.S. Customs and Border Protection (CBP) covered
merchandise referral,\1\ on January 21, 2022, Commerce issued its Final
Scope Ruling addressing Finewood's two-ply panels imported from China
and whether they are covered by the antidumping and countervailing duty
orders on hardwood plywood from China.\2\ Commerce found that the plain
language of the scope of the Orders was ambiguous with respect to the
definition of ``certain veneered panels,'' and, thus, Commerce turned
to the sources in 19 CFR 351.225(k)(1) and found those sources
indicated that hardwood plywood exported to the United States by
Finewood that was produced using two-ply panels imported into Vietnam
from China were covered by the scope of the Orders.\3\
---------------------------------------------------------------------------
\1\ See Certain Hardwood Plywood from the People's Republic of
China: Notice of Covered Merchandise Referral and Initiation of
Scope Inquiry, 85 FR 3024 (January 17, 2020).
\2\ See Memorandum, ``Antidumping Duty and Countervailing Duty
Orders on Certain Hardwood Plywood Products from the People's
Republic of China, Enforcement and Protect Act (EAPA) Investigation
No. 7252: Final Scope Ruling,'' dated January 21, 2022 (Final Scope
Ruling); 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) (collectively, the Orders).
\3\ See Final Scope Ruling at 10-20.
---------------------------------------------------------------------------
Finewood, Far East American, Inc., Liberty Woods International,
Inc., and Consolidated Plaintiff InterGlobal Forest, LLC, appealed
Commerce's Final Scope Ruling. On April 20, 2023, the CIT remanded the
Final Scope Ruling to Commerce, holding that the scope language, when
read together with the 19 CFR 351.225(k)(1) sources, unambiguously
establishes that the Orders do not include Chinese two-ply
[[Page 60644]]
panels.\4\ Therefore, the CIT remanded Commerce's determination to
Commerce with the instruction that Commerce issue a scope ruling
concerning Finewood's two-ply panels that is consistent with the
unambiguous meaning of the Orders.\5\
---------------------------------------------------------------------------
\4\ See Vietnam Finewood Co. v. United States, 633 F. Supp. 3d
1243, 1255 (CIT 2023).
\5\ Id., 633 F. Supp. 3d at 1265.
---------------------------------------------------------------------------
In its final remand redetermination, issued in June 2023, Commerce
adopted the CIT's interpretation of the scope of the Orders and
determined that hardwood plywood exported to the United States by
Finewood that was produced using two-ply panels imported into Vietnam
from China is not subject to the scope of the Orders.\6\ The CIT
sustained Commerce's final redetermination.\7\
---------------------------------------------------------------------------
\6\ See Final Results of Redetermination Pursuant to Court
Remand, Vietnam Finewood Company Limited, et al., v. United States,
Consol. Court No. 22-00049, Slip-Op. 23-58, dated June 16, 2023
(Final Results) at 5.
\7\ See Far East American, Inc. et al. v. United States, Consol.
Court No. 22-00049, Slip Op. 23-122 (CIT August 22, 2023).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\8\ as clarified by Diamond Sawblades,\9\
the Court of Appeals for the Federal Circuit held that, pursuant to
sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's August 22,
2023, judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Scope Ruling. Thus, this notice is
published in fulfillment of the publication requirements of Timken.
---------------------------------------------------------------------------
\8\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\9\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Scope Ruling
Because there is now a final court judgment, Commerce is amending
its Final Scope Ruling to find that hardwood plywood exported to the
United States by Finewood that was produced using two-ply panels
imported into Vietnam from China is not subject to the scope of the
Orders.
Liquidation of Suspended Entries
Commerce will instruct CBP that, pending any appeals, the cash
deposit rate will be zero percent for merchandise subject to the scope
ruling. In the event that the CIT's final judgment is not appealed or
is upheld on appeal, Commerce will notify CBP of our amended scope
ruling in response to its covered merchandise referral and will
instruct CBP to liquidate any unliquidated entries of hardwood plywood
exported to the United States by Finewood that was produced using two-
ply panels imported into Vietnam from China without regard to
antidumping and countervailing duties and to lift suspension of
liquidation of such entries.
Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: August 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-19043 Filed 9-1-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on September 5, 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.