Notice2024-09580
Wooden Cabinet and Vanities and Components Thereof From the People's Republic of China: Preliminary Results, Preliminary Determination of No Shipments, and Partial Rescission of the Antidumping Duty Administrative Review; 2022-2023
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
May 2, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers and/or exporters did not make sales of wooden cabinets and vanities and components thereof (wooden cabinets) from the People's Republic of China at less than normal value (NV) during the period of review (POR) April 1, 2022, through March 31, 2023. In addition, Commerce preliminarily determines that 30 companies are eligible for a separate rate and 12 companies had no shipments of subject merchandise during the POR. Further, Commerce is rescinding this review with respect to two companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 86 (Thursday, May 2, 2024)</title>
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[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35785-35788]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09580]
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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: Preliminary Results, Preliminary
Determination of No Shipments, and Partial Rescission of the
Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain producers and/or exporters did not make sales
of wooden cabinets and vanities and components thereof (wooden
cabinets) from the People's Republic of China at less than normal value
(NV) during the period of review (POR) April 1, 2022, through March 31,
2023. In addition, Commerce preliminarily determines that 30 companies
are eligible for a separate rate and 12 companies had no shipments of
subject merchandise during the POR. Further, Commerce is rescinding
this review with respect to two companies. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable May 2, 2024.
FOR FURTHER INFORMATION CONTACT: Garry Kasparov, 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) 482-1397.
SUPPLEMENTARY INFORMATION:
Background
On April 21, 2020, Commerce published in the Federal Register the
antidumping duty (AD) order on wooden cabinets from China.\1\ On June
12, 2023, Commerce initiated an administrative review of the Order.\2\
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\1\ 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).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 38021, 38033 (June 12, 2023).
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On September 25, 2023, Commerce selected Ancientree and Jiangsu
Sunwell Cabinetry Co., Ltd. (Sunwell) as the mandatory respondents.\3\
On September 27, 2023, Commerce issued the initial AD questionnaire to
Ancientree and Sunwell.\4\ Sunwell failed to respond to the initial
questionnaire by the deadline. Consequently, on November 17, 2023,
Commerce selected Jiangsu Weisen Houseware Co., Ltd. (Weisen) as a
mandatory respondent.\5\ On November 30, 2023, Commerce extended the
deadline for the preliminary results of this administrative review
until April 26, 2024.\6\
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\3\ See Memorandum, ``Respondent Selection,'' dated September
25, 2023 (Respondent Selection Memorandum).
\4\ See Commerce's Letters, ``Initial Questionnaire,'' dated
September 27, 2023 (Initial AD Questionnaire).
\5\ See Memorandum, ``Second Respondent Selection,'' dated
November 17, 2023 (Second Respondent Selection Memorandum).
\6\ See Memorandum ``Extension of Deadline for Preliminary
Results,'' dated November 30, 2023.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
A list of topics discussed in the Preliminary Decision Memorandum is
included as Appendix I to this notice. The Preliminary 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="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review, Preliminary
Determination of No Shipments, and Rescission, in Part, 2022-2023:
Wooden Cabinets and Vanities and Components Thereof from the
People's Republic of China,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is wooden cabinets from China.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the
Act). Because China is a non-market economy (NME) country within the
meaning of section 771(18) of the Act, we calculated NV in accordance
with section 773(c) of the Act. For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
[[Page 35786]]
Preliminary Determination of No Shipments
Based on information on the record, Commerce preliminarily
determines that 12 companies subject to this administrative review had
no shipments of subject merchandise during the POR.\8\ Commerce is not
rescinding this review with respect to these companies but, rather,
intends to complete the review and issue appropriate instructions to
U.S. Customs and Border Protection (CBP) based on the final results of
the review.\9\ For additional information regarding these preliminary
determinations of no shipments, see the Preliminary Decision
Memorandum.
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\8\ See Appendix II.
\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 October 24, 2011); see
also the ``Assessment Rates'' section, infra.
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Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party that requested
a review withdraws its request within 90 days of the date of
publication of the notice of initiation. The requests for an
administrative review of two companies, Suofeiya Home Collection Co.,
Ltd., and Linyi Bonn Flooring Manufacture Co., Ltd., were timely
withdrawn within 90 days of the date of publication of the Initiation
Notice.\10\ As a result, Commerce is rescinding this review with
respect to both companies in accordance with 19 CFR 351.213(d)(1).
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\10\ See Suofeiya Home Collection Co., Ltd.'s Letter,
``Withdrawal of Request for Review,'' dated July 3, 2023, and Linyi
Bonn Flooring Manufacture Co. Ltd.' Letter ``Withdrawal of Request
for Administrative Review,'' dated July 11, 2023.
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Separate Rates
Commerce preliminarily determines that 30 non-individually examined
companies under review are eligible for separate rates in this
administrative review.\11\ 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. For the preliminary results of this review,
Commerce has determined the estimated dumping margins for Ancientree
and Weisen to be zero. For the reasons explained in the Preliminary
Decision Memorandum, we are assigning this rate to the non-examined
respondents which qualify for a separate rate.
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\11\ See Appendix III; see also Preliminary Decision Memorandum
at the ``Separate Rate Determination'' section for more details.
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China-Wide Entity
Under Commerce's policy regarding the conditional review of the
China-wide entity,\12\ the China-wide entity will not be under review
unless a party specifically requests, or Commerce self-initiates, a
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the
entity's rate (i.e., 251.64 percent) is not subject to change.\13\
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\12\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\13\ See Order.
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For these preliminary results, Commerce preliminarily determines
that 20 companies for which a review was requested, but did not file a
separate rate application or demonstrate separate rate eligibility,
including Sunwell, to be part of the China-wide entity.\14\
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\14\ See Initiation Notice (``All firms listed below that wish
to qualify for separate rate status in the administrative reviews
involving NME countries must complete, as appropriate, either a
separate rate application or certification, as described below.'');
see also Appendix IV for the list of companies under review that are
determined to be part of the China-wide entity.
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Preliminary Results of Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the administrative review
covering the period April 1, 2022, through March 31, 2023:
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Weighted-average
Exporter dumping margin
(percent)
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Jiangsu Weisen Houseware Co., Ltd................... 0.00
The Ancientree Cabinet Co., Ltd..................... 0.00
Non-Examined Companies Receiving a Separate Rate 0.00
\15\...............................................
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Disclosure and Public Comment
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\15\ See Appendix III.
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Commerce will disclose to parties to this proceeding the
calculations performed for these preliminary results within five days
after public announcement of the preliminary results or, if there is no
public announcement, within five days of the date of publication of
this notice in the Federal Register, pursuant to 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\16\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\17\ All briefs must be
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety in ACCESS by 5:00 p.m.
Eastern Time on the established deadline.
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\16\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\17\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\18\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not
[[Page 35787]]
including citations. We intend to use the public executive summaries as
the basis of the comment summaries included in the issues and decision
memorandum that will accompany the final results in this administrative
review. We request that interested parties include footnotes for
relevant citations in the public executive summary of each issue. Note
that Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\19\
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\18\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\19\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of issues to be discussed. Oral presentations at the
hearing will be limited to issues raised in the briefs. If a request
for a hearing is made, Commerce will inform parties of the scheduled
date for the hearing.\20\
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\20\ See 19 CFR 351.310(d).
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Assessment Rates
Upon issuing the final results, Commerce will determine, and CBP
shall assess, antidumping duties on all appropriate entries covered by
this review.\21\ If the preliminary results are unchanged for the final
results, we will instruct CBP to apply an ad valorem assessment rate of
251.64 percent to all entries of subject merchandise during the POR
which were exported by the companies considered to be a part of the
China-wide entity listed in Appendix IV of this notice. If Commerce
determines that an exporter under review had no shipments of the
subject merchandise, any suspended entries that entered under that
exporter's case number (i.e., at that exporter's rate) will be
liquidated at the China-wide rate.\22\
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\21\ See 19 CFR 351.212(b)(1).
\22\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
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For the companies for which Commerce is not rescinding this
administrative review, Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
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
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided by section
751(a)(2)(C) of the Act: (1) for the subject merchandise exported by
the company listed above that has a separate rate, the cash deposit
rate will be equal to the weighted-average dumping margin established
in the final results of this administrative review (except, if the rate
is zero or de minimis, then zero cash deposit will be required); (2)
for previously investigated or reviewed Chinese and non-Chinese
exporters not listed above that received a separate rate in a prior
segment of this proceeding, the cash deposit rate will continue to be
the existing exporter-specific rate; (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 that for the China-wide
entity; and (4) for all non-Chinese exporters of subject merchandise
which have not received their own rate, the cash deposit rate will be
the rate applicable to the Chinese exporter that supplied that non-
Chinese exporter. These deposit requirements, when imposed, shall
remain in effect until further notice.
Final Results of Review
Unless extended, Commerce intends to issue the final results of
this administrative review, which will include the results of
Commerce's analysis of the issues raised in case briefs, within 120
days after the date of publication of these preliminary results in the
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19
CFR 351.213(h).
Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during these PORs. 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 the
countervailing duties.
Notification to Interested Parties
Commerce is issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(1)(B), 751(a)(3) and 777(i)
of the Act, and 19 CFR 351.213(d)(4) and 351.221(b)(4).
Dated: April 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Administrative Review
IV. Scope of the Order
V. No-Shipment Certifications
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Adjustment Under Section 777A(f) of the Act
IX. Recommendation
Appendix II
Companies Preliminarily Determined To Have No Shipments
1. Anhui Xinyuanda Cupboard Co., Ltd.
2. Dalian Hualing Wood Co., Ltd.
3. Dalian Meisen Woodworking Co., Ltd.
4. Dongguan Ri Sheng Home Furnishing Articles Co., Ltd.
5. Hangzhou Hoca Kitchen & Bath Products Co., Ltd.
6. Kunshan Baiyulan Furniture Co., Ltd.
7. Pizhou Ouyme Import & Export Trade Co., Ltd.
8. Quanzhou Ample Furnishings Co., Ltd.
9. Suzhou Siemo Wood Import & Export Co., Ltd.
10. Tech Forest Cabinetry Co., Ltd.
11. Weifang Fuxing Wood Co., Ltd.
12. Zhoushan For-Strong Wood Co.
Appendix III
Non-Examined Companies Under Review Receiving a Separate Rate
1. Changyi Zhengzheng Woodwork Co., Ltd.
2. Fujian Dushi Wooden Industry Co., Ltd.
3. Fujian Leifeng Cabinetry Co., Ltd.
4. Fuzhou CBM Imp & Exp Co., Ltd.
5. Goldenhome Living Co., Ltd.
6. Guangzhou Nuolande Import and Export Co., Ltd.
7. Honsoar New Building Material Co., Ltd.
8. Jiang Su Rongxin Wood Industry Co., Ltd. (Formerly known as Jiang
Su Rongxin Cabinets Ltd.)
9. Jiangsu Beichen Wood Co., Ltd.
10. KM Cabinetry Co., Ltd.
11. Linyi Kaipu Furniture Co., Ltd.
12. Morewood Cabinetry Co., Ltd.
13. Qingdao Shousheng Industry Co., Ltd
14. Senke Manufacturing Company
15. Shandong Jinhua Wood Co., Ltd.
16. Shandong Longsen Woods Co., Ltd.
[[Page 35788]]
17. Shanghai Zifeng International Trading Co., Ltd
18. Sheen Lead International Trading (Shanghai) Co., Ltd.
19. Shouguang Fushi Wood Co., Ltd.
20. Taishan Hongxiang Trading Co., Ltd.
21. Taishan Oversea Trading Co., Ltd.
22. Taizhou Overseas Int'l Ltd.
23. Weifang Yuanlin Woodware Co., Ltd.
24. Weihai Jarlin Cabinetry Manufacture Co., Ltd.
25. Xiamen Adler Cabinetry Co., Ltd.
26. Xiamen Golden Huanan Imp & Exp Co., Ltd.
27. Xuzhou Yihe Wood Co., Ltd.
28. Yixing Pengjia Technology Co., Ltd. (formally known as Yixing
Pengjia Cabinetry Co., Ltd.)
29. Zhangzhou OCA Furniture Co., Ltd.
30. Zhongshan NU Furniture Co., Ltd.
Appendix IV
Companies Determined 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.
6. Jiangsu Sunwell Cabinetry Co., Ltd.
7. Jiangsu Xiangsheng Bedtime Furniture Co., Ltd.
8. Linshu Meibang Furniture Co., Ltd.
9. Linyi Bomei Furniture Co., Ltd
10. Nantong Aershin Cabinets Co., Ltd.
11. Qufu Xinyu Furniture Co., Ltd.
12. Shanghai Beautystar Cabinetry Co., Ltd.
13. Shanghai Zifeng Industries Development Co., Ltd.
14. Shenzhen Pengchengzhirong Trade Co., Ltd.
15. Xiamen Got Cheer Co., Ltd.
16. Yichun Dongmeng Wood Co., Ltd.
17. Yindu Kitchen Equipment Co., Ltd.
18. ZBOM Cabinets Co., Ltd.
19. Zaozhuang New Sharp Import & Export Trading Co., Ltd.
20. Zhongshan KM Cabinetry Co., Ltd.
[FR Doc. 2024-09580 Filed 5-1-24; 8:45 am]
BILLING CODE 3510-DS-P
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