Notice2023-24582
Wooden Cabinets and Vanities and Components Thereof From the People's Republic of China: Final Results and Partial Recission of Countervailing Duty Administrative Review; 2021
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Published
November 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to certain producers and exporters of wooden cabinets and vanities and components thereof (wooden cabinets) from the People's Republic of China (China) during the period of review (POR) January 1, 2021, through December 31, 2021. Commerce is also rescinding the review with respect to five companies.
Full Text
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<title>Federal Register, Volume 88 Issue 214 (Tuesday, November 7, 2023)</title>
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[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76732-76734]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24582]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-107]
Wooden Cabinets and Vanities and Components Thereof From the
People's Republic of China: Final Results and Partial Recission of
Countervailing Duty Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies were provided to certain producers and
exporters of wooden cabinets and vanities and components thereof
(wooden cabinets) from the People's Republic of China (China) during
the period of review (POR) January 1, 2021, through December 31, 2021.
Commerce is also rescinding the review with respect to five companies.
DATES: Applicable November 7, 2023.
FOR FURTHER INFORMATION CONTACT: Michael Romani or Richard Roberts, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC, 20230; telephone: (202) 482-0198 or (202)
482-3464, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review in the Federal Register on May 5, 2023, and invited interested
parties to comment.\1\ For a complete description of the events that
occurred subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\2\
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\1\ See Wooden Cabinets and Vanities and Components Thereof from
the People's Republic of China: Preliminary Results of
Countervailing Duty Administrative Review, Rescission of
Administrative Review in Part, and Intent To Rescind in Part; 2021,
88 FR 29084 (May 5, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Wooden Cabinets and Vanities and Components Thereof from the
People's Republic of China; 2021,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>3</SUP>
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\3\ See Certain Corrosion Inhibitors from the People's Republic
of China: Antidumping Duty and Countervailing Duty Orders, 86 FR
14869 (March 19, 2021) (Order).
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The products covered by the scope of the Order are wooden cabinets
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 by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum. A
list of topics discussed in the Issues and Decision Memorandum is
provided in the 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>.
Changes Since the Preliminary Results
Based on our analysis of comments from interested parties and the
evidence on the record, we revised the calculation of the net
countervailable subsidy rates for Fujian Dushi Wooden Industry Co.
(Dushi) and Jiangsu Sunwell Cabinetry Co., Ltd. (Sunwell). For a
discussion of the issues, see the Issues and Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found to be countervailable, we find
that there is a subsidy, i.e., a government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific.\4\ For a complete description of the
methodology underlying all of Commerce's conclusions, including our
reliance, in part, on facts otherwise available, including adverse
facts available, pursuant to sections 776(a) and (b) of the Act, see
the Issues and Decision Memorandum.
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\4\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Partial Rescission of Review
Commerce's practice is to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there
are no reviewable entries of subject merchandise during the POR for
which liquidation is suspended.\5\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
countervailing duty assessment rate calculated for the review
period.\6\ Therefore, for an administrative review of a company to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct U.S. Customs and Border Protection (CBP) to liquidate at
the calculated countervailing duty assessment rate calculated for the
review period.\7\
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\5\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); and
Circular Welded Carbon Quality Steel Pipe from the People's Republic
of China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019).
\6\ See 19 CFR 351.212(b)(2).
\7\ See 19 CFR 351.213(d)(3).
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We find five companies subject to this review: (1) Shouguang Fushi
Wood Co., Ltd..; (2) Taizhou Overseas Int'l Ltd.; (3) Yixing Pengjia
Technology Co., Ltd.; (4) Zaozhuang New Sharp Import & Export Trading
Co., Ltd..; and (5) Zhoushan For-strong Wood Co., Ltd. did not have
reviewable entries of subject merchandise for which liquidation is
suspended. Because there is no evidence on the record that these five
companies had entries, exports, or sales of subject merchandise during
the POR, we are rescinding this review with respect to these five
companies consistent with 19 CFR 351.213(d)(3).
Companies Not Selected for Individual Review
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides the basis for calculating the all-
others rate in an
[[Page 76733]]
investigation. Section 705(c)(5)(A)(i) of the Act instructs Commerce,
as a general rule, to calculate the all-others rate equal to the
weighted average of the countervailable subsidy rates established for
exporters and producers individually investigated, excluding any zero
or de minimis countervailable subsidy rates, and any rates determined
entirely on the basis of facts available.
There are eight companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent. In this review,
the rates for Dushi and Sunwell were above de minimis and not based
entirely on facts available. Therefore, we are applying to the non-
selected companies the average of the net subsidy rates calculated for
Dushi and Sunwell, which we calculated using publicly-ranged sales data
submitted by Dushi and Sunwell.\8\
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\8\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
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This is the same methodology Commerce applied in the Preliminary
Results for determining a rate for companies not selected for
individual examination. However, due to changes in the subsidy rate
calculations for Dushi and Sunwell, we revised the non-selected rate
accordingly. Consequently, for the eight non-selected companies for
which a review was requested and not rescinded, we are applying an ad
valorem subsidy rate of 13.63 percent for 2021.
Final Results of Review
We determine the following net countervailable subsidy rates exist
for the period January 1, 2021, through December 31, 2021:
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Subsidy rate--
2021 (percent
Company ad valorem)
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Fujian Dushi Wooden Industry Co......................... 16.13
Jiangsu Sunwell Cabinetry Co., Ltd \9\.................. 7.54
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Review-Specific Average Rate Applicable to the Following Companies \10\
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KM Cabinetry Co, Ltd.................................... 13.63
Nantong Aershin Cabinet Co., Ltd........................ 13.63
Shanghai Zifeng International Trading Co., Ltd \11\..... 13.63
Sheen Lead International Trading (Shanghai) Co., Ltd 13.63
\12\...................................................
Taishan Oversea Trading Company Ltd..................... 13.63
Weifang Fuxing Wood Co., Ltd............................ 13.63
Xiamen Adler Cabinetry Co., Ltd......................... 13.63
Yixing Pengjia Cabinetry Co., Ltd....................... 13.63
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Disclosure
Commerce intends to disclose calculations and analysis performed
for the final results of review within five days after the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b).
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\9\ Commerce finds the following companies to be cross-owned
with Sunwell: Shanghai Beautystar Cabinetry Co., Ltd.
\10\ This rate is based on the rate for the respondent that was
selected for individual review, excluding rates that are zero, de
minimis, or based entirely on facts available. See section
735(c)(5)(A) of the Act.
\11\ See Issues and Decision Memorandum at Comment 1.
\12\ Id.
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Assessment Requirements
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and CBP shall assess,
countervailing duties on all appropriate entries covered by this
review, for the above-listed companies at the applicable ad valorem
assessment rates listed for the corresponding time periods (i.e.,
January 1, 2021, to December 31, 2021). Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after
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
In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown above for the above-listed
companies with regard to shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of these final results of review. For all non-reviewed
firms, we will instruct CBP to continue to collect cash deposits of
estimated countervailing duties at the all-others rate or the most
recent company-specific rate applicable to the company, as appropriate.
These cash deposit requirements, effective upon publication of these
final results, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the disposition 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 sanctionable violation.
Notification to Interested Parties
The final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(d)(3), and
19 CFR 351.221(b)(5).
Dated: November 1, 2023.
Lisa W. Wang,
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. Partial Rescission of Administrative Review
V. Non-Selected Rate
VI. Subsidies Valuation
VII. Interest Rate Benchmarks, Input, Electricity, and Land
Benchmarks
VIII. Use of Facts Otherwise Available and Application of Adverse
Inferences
IX. Analysis of Programs
X. Discussion of the Issues
Comment 1: Whether Commerce Should Rescind the Review for Sheen
Lead International Trading (Shanghai) Co., Ltd. (Sheen Lead) or
Shanghai Zifeng International Trading Co., Ltd. (Shanghai Zifeng)
Comment 2: Whether Commerce Should Apply Adverse Facts Available
(AFA) to the Export Buyer's Credit (EBC) Program
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Comment 3: Whether Commerce Should Include Petitioner's Density
Benchmark Data to Measure the Adequacy of Remuneration for the
Provision of Sawn Wood and Fiberboard
Comment 4: Whether Commerce Should Apply AFA to the Provision of
Electricity for Less Than Adequate Remuneration (LTAR)
Comment 5: Whether Commerce Should Continue to Countervail the
Provision of Certain Inputs for LTAR Based on AFA
Comment 6: Whether Commerce Should Use a Free-On-Board (FOB)
Sales Denominator
Comment 7: Whether Commerce Should Change Benchmarks Used to
Measure the Benefit for Certain Policy Loans Received by Fujian
Dushi Wooden Industry Company (Dushi)
Comment 8: Whether Commerce Should Calculate All Benefits under
the Provision of Electricity for LTAR
Comment 9: Whether Commerce Should Adjust Certain Sales
Denominators to Conduct the 0.5% Test for ``Other Subsidies''
Received by Dushi
Comment 10: Whether Commerce Should Correct Errors in the
Calculations Used to Measure the Adequacy of Remuneration from the
Provision of Certain Inputs
Comment 11: Whether Commerce Should Adjust the Calculation of
Benchmark Interest Applied to Jiangsu Sunwell Cabinetry Co., Ltd.'s
(Sunwell) Loans
Comment 12: Whether Commerce Should Adjust the Benefit
Calculation for the Provision of Electricity for LTAR Program for
Sunwell
XI. Recommendation
[FR Doc. 2023-24582 Filed 11-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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