Notice2023-24602
Wooden Cabinet and Vanities and Components Thereof From the People's Republic of China: Final Results and Final Determination of No Shipments of the Antidumping Duty Administrative Review; 2021-2022
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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
November 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Fujian Dushi Wooden Industry Co., Ltd. (Dushi) and The Ancientree Cabinet Co., Ltd. (Ancientree) made sales of wooden cabinets and vanities and components thereof (cabinets) at prices below normal value and eight companies had no shipments of subject merchandise during the period of review (POR) April 1, 2021, through March 31, 2022.
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 76729-76732]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24602]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-106]
Wooden Cabinet and Vanities and Components Thereof From the
People's Republic of China: Final Results and Final Determination of No
Shipments of the Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Fujian Dushi Wooden Industry Co., Ltd. (Dushi) and The Ancientree
Cabinet Co., Ltd. (Ancientree) made sales of wooden cabinets and
vanities and components thereof (cabinets) at prices below normal value
and eight companies had no shipments of subject merchandise during the
period of review (POR) April 1, 2021, through March 31, 2022.
DATES: Applicable November 7, 2023.
FOR FURTHER INFORMATION CONTACT: Jacob Keller, 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) 482-4849.
SUPPLEMENTARY INFORMATION:
Background
On May 5, 2023, Commerce published in the Federal Register the
Preliminary Results of the antidumping duty administrative review and
invited interested parties to comment.\1\ For a complete description of
the events that occurred since Commerce published the Preliminary
Results, see the Issues and Decision Memorandum.\2\ On August 14, 2023,
we extended the deadline for these final results to November 1,
2023.\3\ Commerce conducted this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act).
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\1\ See Wooden Cabinets and Vanities and Components Thereof from
the People's Republic of China: Preliminary Results, Preliminary
Determination of No Shipments, and Partial Recission of the
Antidumping Duty Administrative Review; 2021-2022, 88 FR 29086 (May
5, 2023) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Wooden Cabinets and Vanities and Components Thereof from the
People's Republic of China; 2021-2022,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated August 14, 2023.
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[[Page 76730]]
Scope of the Order <SUP>4</SUP>
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\4\ See Wooden Cabinets and Vanities and Components Thereof from
the People's Republic of China: Antidumping Duty Order, 85 FR 22126
(April 21, 2020) (Order).
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The products covered by this Order are wooden cabinets and vanities
that are for permanent installation (including floor mounted, wall
mounted, ceiling hung or by attachment of plumbing), and wooden
components thereof. For full description of the scope of the Order, see
the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the parties' briefs are addressed in the
Issues and Decision Memorandum. A list of the issues addressed is
included as Appendix I 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 from the Preliminary Results
Based on our analysis of the comments received, Commerce made
certain revisions to the calculations of the preliminary weighted-
average dumping margins assigned to Ancientree and Dushi, and the non-
examined separate rate respondents. Commerce is also assigning separate
rates to Suzhou Siemo Wood Import & Export Co., Ltd. (Siemo) and
Jiangsu Weisen Houseware Co., Ltd. (Jiangsu Weisen). Regarding Siemo,
we are accepting its separate rate certification because it has a
suspended entry of subject merchandise that entered the United States
during the POR. Regarding Jiangsu Weisen, we find that the entries
associated with Weisen Housewares Co., Ltd. (Weisen) are entries of
subject merchandise applicable to Jiangsu Weisen. Further, based on
information on the record, we are now considering Weisen to be the same
entity as Jiangsu Weisen. As a result, we are assigning Jiangsu Weisen
a separate rate and no longer consider Weisen to be part of the China-
wide entity. The Issues and Decision Memorandum contains a more
detailed discussion of these revisions.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that certain
companies did not have shipments of subject merchandise during the
POR.\5\ As we received no information to contradict our preliminary
determination with respect to those companies, we continue to find that
they made no shipments of subject merchandise to the United States
during the POR. Additionally, we find that Siemo had shipments of
subject merchandise during the POR and, therefore, are granting Siemo a
separate rate in this administrative review.\6\ Accordingly, we will
issue appropriate instructions that are consistent with our ``automatic
assessment'' clarification for the no shipment companies listed in
Appendix II.\7\
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\5\ See Preliminary Results, 88 FR at 29087.
\6\ See Issues and Decision Memorandum at Comment 8.
\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Notice).
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Rates for Non-Examined Separate Rate Respondents
Commerce determines that 25 companies, not individually examined,
are eligible for separate rates in this administrative review.\8\ The
Act and Commerce's regulations do not address the establishment of a
separate rate to be applied to companies not selected for individual
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in an investigation, for guidance when
calculating the rate for separate rate respondents which Commerce did
not examine individually in an administrative review. Section
735(c)(5)(A) of the Act states that the all-others rate should be
calculated by averaging the weighted-average dumping margins calculated
for individually-examined respondents, excluding dumping margins that
are zero, de minimis, or based entirely on facts available.
Accordingly, in the final results of review, we are assigning to the
non-selected separate rate respondents an estimated weighted-average
dumping margin based on the average of Ancientree's and Dushi's rates
weighted by their publicly available ranged U.S. sales values.\9\
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\8\ See Appendix II.
\9\ As explained in the Issues and Decision Memorandum, because
there are only two relevant weighted-average dumping margins for
these preliminary results, using a weighted average of these two
rates risks disclosure of business proprietary information (BPI)
data.
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China-Wide Entity
Commerce considers all other companies, listed in Appendix II of
this notice, for which a review was requested, and which did not
demonstrate separate rate eligibility, to be part of the China-wide
entity.
Final Results of Administrative Review
Commerce determines that the following weighted-average dumping
margin exists for the administrative review covering the period April
1, 2021, through March 31, 2022:
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\10\ See Appendix II.
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Weighted-
average
Exporter dumping
margin
(percent)
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Fujian Dushi Wooden Industry Co., Ltd....................... 43.40
The Ancientree Cabinet Co., Ltd............................. 8.26
Non-Selected Companies Under Review Receiving a Separate 12.03
Rate \10\..................................................
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Disclosure
Pursuant to 19 CFR 351.224(b), within five days of the publication
of this notice in the Federal Register, we will disclose to the parties
to this proceeding, the calculations that we performed for these final
results of review.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce intends to determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with these final results of review.
Pursuant to 19 CFR 351.212(b)(1), for Ancientree and Dushi, because we
do not have entered values for all U.S. sales to a particular importer
(or customer), Commerce calculated importer-specific per-unit
assessment rates by dividing the total amount of dumping for reviewed
sales of subject merchandise to that importer by the total quantity
sold to that importer. Where an importer-specific per-unit assessment
rate is zero or de minimis (i.e., less than 0.5 percent), Commerce will
instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\11\
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\11\ See 19 CFR 351.106(c)(2).
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For all non-selected separate rate applicants subject to this
review, we will instruct CBP to liquidate all entries of subject
merchandise that entered the United States during the POR at the
weighted-average of the rates calculated
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for Ancientree and Dushi, as listed above. For entries of subject
merchandise during the POR produced by Ancientree and Dushi for which
they did not know their merchandise was destined for the United States,
we intend to instruct CBP to liquidate such entries at the China-wide
rate if there is no rate for the intermediate company or companies
involved in the transaction.
Consistent with Commerce's assessment practice in non-market
economy cases, for the companies which Commerce determined had no
shipments of the subject merchandise, any suspended entries made under
those exporters' case numbers (i.e., at the exporters' rates) will be
liquidated at the China-wide rate.\12\
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\12\ For a full discussion of this practice, see Assessment
Notice.
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of
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 for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
subject to this review will be the rate established in these final
results of the review; (2) for previously investigated or reviewed
Chinese and non-Chinese exporters not listed above that have separate
rates, the cash deposit rate will continue to be the exporter-specific
rate published for the most recently completed segment of this
proceeding in which they were reviewed; (3) for all Chinese exporters
of subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be equal to the weighted-
average dumping margin for the China-wide entity (i.e., 251.64
percent); and (4) for all non-Chinese exporters of subject merchandise
which have not received their own separate rate, the cash deposit rate
will be the rate applicable to the Chinese exporter(s) that supplied
that non- Chinese exporter.\13\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\13\ See Order, 85 FR at 22126.
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Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping and/or countervailing duties prior to
liquidation of the relevant entries during this POR Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping and/or countervailing duties occurred and
the subsequent assessment of double antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of
countervailing duties.
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 return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern BPI 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
We are issuing and publishing these final results of review in
accordance with sections 751(a)(l), 751(a)(2)(B), and 777(i) of the
Act.
Dated: November 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes from the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Total Adverse Facts
Available (AFA) to Ancientree
Comment 2: Whether Commerce Should Select Malayasia as the
Primary Surrogate Country (SC)
Comment 3: Whether Commerce Should Revise the Respondents' Sigma
Freight Calculations
Comment 4: Whether Commerce Should Revise Certain Surrogate
Values (SV)
Comment 5: Whether Commerce Should Exclude Russian Non-Market
Economy (NME) Imports into Bulgaria
Comment 6: Whether Commerce Should Revise the Respondents' Wood
Density Values
Comment 7: Whether Commerce Should Assign Jiangsu Wisen
Houseware Co., Ltd. (Jinagsu Wiesen) and Weisen Houseware Co., Ltd.
(Weisen), a Separate Rate
Comment 8: Whether Commerce Should Accept Suzhou Siemo Wood
Import & Export Co., Ltd.'s (Siemo) No Shipment Certification
Comment 9: Whether Commerce Should Clarify its No Shipment
Policy
VI. Recommendation
Appendix II
No Shipment Companies
1. Dalian Hualing Wood Co., Ltd.
2. Dalian Meisen Woodworking Co., Ltd.
3. Guangzhou Nuolande Import and Export Co., Ltd.
4. Hangzhou Hoca Kitchen & Bath Products Co., Ltd.
5. Linyi Kaipu Furniture Co., Ltd.
6. Senke Manufacturing Company
7. Shandong Longsen Woods Co., Ltd.
8. Shouguang Fushi Wood Co., Ltd.
Non-Selected Companies Under Review Receiving a Separate Rate
1. Anhui Xinyuanda Cupboard Co., Ltd.
2. Dongguan Ri Sheng Home Furnishing Articles Co., Ltd.
3. Goldenhome Living Co., Ltd.
4. Jiang Su Rongxin Wood Industry Co., Ltd. (Formerly known as Jiang
Su Rongxin Cabinets Ltd.)
5. Jiangsu Sunwell Cabinetry Co., Ltd.
6. Jiangsu Weisen Houseware Co., Ltd; Weisen Houseware Co., Ltd.
7. KM Cabinetry Co., Ltd.
8. Kunshan Baiyulan Furniture Co., Ltd.
9. Morewood Cabinetry Co., Ltd.
10. Nantong Aershin Cabinets Co., Ltd.
11. Quanzhou Ample Furnishings Co., Ltd.
12. Qufu Xinyu Furniture Co., Ltd.
13. Shanghai Beautystar Cabinetry Co., Ltd.
14. Shanghai Zifeng International Trading Co., Ltd.
15. Sheen Lead International Trading (Shanghai) Co., Ltd.
16. Suzhou Siemo Wood Import & Export Co., Ltd.
17. Taishan Oversea Trading Co., Ltd.
18. Taizhou Overseas Int'l Ltd.
19. Tech Forest Cabinetry Co., Ltd.
20. Weifang Fuxing Wood Co., Ltd.
21. Xiamen Adler Cabinetry Co., Ltd.
22. Yichun Dongmeng Wood Co., Ltd.
23. Yixing Pengjia Technology Co., Ltd. (Formerly known as Yixing
Pengjia Cabinetry Co., Ltd.)
24. Zhangzhou OCA Furniture Co., Ltd.
25. Zhoushan For-strong Wood Co., Ltd.
Companies Considered To Be Part of the China-Wide Entity
1. Deqing Meisheng Import and Export Co., Ltd.
2. Fujian Senyi Kitchen Cabinet Co., Ltd.
3. Fuzhou Hauster Kitchen Cabinet Manufacturing Co., Ltd.
4. Fuzhou Pyrashine Trading Co., Ltd.
5. Jiang Su Rongxin Import and Export Co., Ltd.
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6. Linshu Meibang Furniture Co., Ltd.
7. Shanghai Zifeng Industries Development Co., Ltd.
8. Shenzhen Pengchengzhirong Trade Co., Ltd.
9. Weihai Jarlin Cabinetry Manufacture Co., Ltd.
10. Xiamen Got Cheer Co., Ltd.
11. Yindu Kitchen Equipment Co., Ltd.
12. Zaozhuang New Sharp Import & Export Trading Co., Ltd.
13. ZBOM Cabinets Co., Ltd.
14. Zhongshan KM Cabinetry Co., Ltd.
[FR Doc. 2023-24602 Filed 11-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 7, 2023.
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