Notice2024-19318
Wood Mouldings and Millwork Products From the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2022
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
August 28, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to producers and exporters of wood mouldings and millwork products (millwork products) from the People's Republic of China (China) during the period of review (POR) from January 1, 2022, through December 31, 2022. Commerce is also rescinding the review with respect to one company that had no reviewable entries during the POR.
Full Text
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<title>Federal Register, Volume 89 Issue 167 (Wednesday, August 28, 2024)</title>
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[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)]
[Notices]
[Pages 68858-68860]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19318]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-118]
Wood Mouldings and Millwork Products From the People's Republic
of China: Final Results and Partial Rescission of Countervailing Duty
Administrative Review; 2022
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 producers and exporters of
wood mouldings and millwork products (millwork products) from the
People's Republic of China (China) during the period of review (POR)
from January 1, 2022, through December 31, 2022. Commerce is also
rescinding the review with respect to one company that had no
reviewable entries during the POR.
DATES: Applicable August 28, 2024.
FOR FURTHER INFORMATION CONTACT: Bob Palmer or Brandon James, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-9068 or (202) 482-7472,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 5, 2024, Commerce published the Preliminary Results.\1\
For a detailed description of the events that occurred subsequent to
the Preliminary Results, see the Issues and Decision Memorandum.\2\ On
July 1, 2024, in accordance with section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), Commerce extended the deadline for
issuing the final results until July 26, 2024.\3\ On July 22, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
seven days.\4\
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\1\ See Wood Mouldings and Millwork Products from the Peoples
Republic of China: Preliminary Results and Partial Rescission of
Countervailing Duty Administrative Review; 2022, 89 FR 15816 (March
5, 2024) (Preliminary Results), and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review Wood
Mouldings and Millwork Products from the People's Republic of China;
2022,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
\3\ See Memorandum, ``Extension of Deadline for the Final
Results of Countervailing Duty Administrative Review; 2022,'' dated
July 1, 2024.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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Scope of the Order <SUP>5</SUP>
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\5\ See Wood Mouldings and Millwork Products from the People's
Republic of China: Countervailing Duty Order, 86 FR 9484 (February
16, 2021) (Order).
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The merchandise subject to the Order is wood mouldings and millwork
products (WMMP) from China, which are primarily classifiable under
subheadings 4409.10.0500, 4409.10.1020, 4409.10.1040, 4409.10.1060,
4409.10.1080, 4409.10.4010, 4409.10.4090, 4409.10.4500, 4409.10.5000,
4409.10.9020, 4409.10.9040, 4409.22.0590, 4409.22.1000, 4409.22.4000,
4409.22.5000, 4409.22.5020, 4409.22.5040, 4409.22.5060, 4409.22.5090,
4409.22.9000, 4409.22.9020, 4409.22.9030, 4409.22.9045, 4409.22.9060,
4409.22.9090, 4409.29.0665, 4409.29.1100, 4409.29.4100, 4409.29.5100,
4409.29.9100, 4412.99.5115, 4412.99.9500, 4418.91.9095, and
4421.91.9780 of the of the Harmonized Tariff Schedule of the United
States (HTSUS). WMMP may also enter under HTSUS numbers 4409.10.6000,
4409.10.6500, 4409.22.6000, 4409.22.6500, 4409.29.6100, 4409.29.6600,
4412.41.0000, 4412.42.0000, 4412.49.0000, 4412.91.5115, 4412.92.5215,
4412.99.9700, 4418.20.4000, 4418.20.8030, 4418.20.8060, 4418.91.9195,
4418.99.9095, 4418.99.9195, 4421.91.9880, 4421.99.9780, and
4421.99.9880. While the HTSUS subheading and ASTM specification are
provided for convenience and for customs purposes, the written
description of the subject merchandise is dispositive. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.
Rescission of Administrative Review, In Part
In the Preliminary Results, Commerce stated that we intended to
further examine the rescission of this administrative review with
respect to three companies, Anji Huaxin Bamboo
[[Page 68859]]
& Wood Products Co., Ltd. (Anji Huaxin), Composite Technology
International, Limited (CTIL), and Homebuild Industries Co., Ltd.
(Homebuild). Anji Huaxin and CTIL submitted comments claiming that they
had entries of subject merchandise during the POR in response to our
stated intent to rescind the administrate review with respect to these
two companies in the absence of evidence of suspended entries during
the POR.\6\ Homebuild submitted a certification of no shipments during
the POR and, after seeking confirmation with U.S. Customs and Border
Protection (CBP), we placed CBP's response on the record.\7\ For the
final results, we find that Anji Huaxin and Homebuild had reviewable
entries of subject merchandise during the POR and, accordingly, are not
rescinding this review with respect to these two companies. However, we
find that CTIL had no reviewable entries of subject merchandise during
the POR. As a result, we are rescinding this review, pursuant to 19 CFR
351.213(d)(3), with respect to this company.
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\6\ See Preliminary Results PDM at 4-6; see also Memorandum,
``Notice of Intent to Rescind Review, In Part,'' dated September 14,
2023.
\7\ See Memorandum, ``Entry Documents Requested,'' dated
February 14, 2024.
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For further information regarding this determination, see ``Final
Rescission of Administrative Review, In Part'' section in the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties in briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed in
the Issues and Decision Memorandum is provided in Appendix I of 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 review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
revisions to the countervailable subsidy rate calculations for Fujian
Jinquan Trade Co., Ltd. (Jinquan) and Fujian Yinfeng Imp & Exp Trading
Co., Ltd. (Yinfeng).\8\ As a result of the changes to Jinquan and
Yinfeng's program rates, the final rate for the 20 non-selected
companies under review also changed.\9\ These changes are explained in
the Issues and Decision Memorandum.
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\8\ See Memoranda, ``Final Results Calculations for Fujian
Jinquan Trade Co., Ltd.,'' and ``Final Results Calculations for
Fujian Yinfeng Imp & Exp Trading Co., Ltd.,'' dated concurrently
with this notice.
\9\ The 20 non-selected companies under review are listed in
Appendix II of this notice.
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Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found
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.\10\ The Issues and
Decision Memorandum contains a full description of the methodology
underlying Commerce's conclusions, including any determination that
relied upon the use of adverse facts available pursuant to sections
776(a) and (b) of the Act.
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\10\ 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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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(c)(2) of the Act.
Generally, Commerce looks to section 705(c)(5) of the Act, which
provides instructions for determining the all-others rate in an
investigation, for guidance when calculating the rate for companies
which were not selected for individual examination in an administrative
review. Under section 705(c)(5)(A) of the Act, the all-others rate is
normally an amount 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.
As stated above, there are 20 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. For
these non-selected companies, because the rates calculated for
mandatory respondents Jinquan and Yinfeng were above de minimis and not
based entirely on facts available, we applied a final subsidy rate
based on a weighted average of the rates calculated for the two
mandatory respondents using the publicly ranged sales data they
submitted on the record. This methodology is consistent with our
practice for establishing an all-others subsidy rate pursuant to
section 705(c)(5)(A) of the Act. For a list of the non-selected
companies, see Appendix II to this notice.
Final Results of Review
We find the countervailable subsidy rates for the mandatory and
non-selected respondents under review for the period of January 1,
2022, through December 31, 2022, to be as follows:
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Subsidy rate
Producer/exporter (percent ad
valorem)
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Fujian Jinquan Trade Co., Ltd.\11\...................... 21.21
Fujian Yinfeng Imp & Exp Trading Co., Ltd.\12\.......... 3.11
Non-Selected Companies Under Review \13\................ 14.38
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Disclosure
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\11\ Jinquan is cross-owned with Fujian Province Youxi County
Baiyuan Wood Machining Co., Ltd.
\12\ The following companies are cross-owned with Yinfeng:
Fujian Province Youxi City Mangrove Wood Machining Co., Ltd.; and
Fujian Province Youxi City Mangrove Wood Machining Co., Ltd. Youxi
Xicheng Branch. Fujian Province.
\13\ See Appendix II.
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We intend to disclose the calculations performed in connection with
the final results of review to parties in this proceeding within five
days of the date of publication of this notice in the Federal Register,
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and CBP shall assess, countervailing duties on
all appropriate entries of subject merchandise in accordance with the
final results of this review, for the above-listed companies at the
applicable ad valorem assessment rates listed for the POR (i.e.,
January 1, 2022, to December 31, 2022). For CTIL, for which this review
is rescinded, Commerce will instruct CBP to assess countervailing
duties on all appropriate entries at a rate equal to the cash deposit
of estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2022, through December 31, 2022, in
[[Page 68860]]
accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to issue
assessment instructions to CBP for these companies no earlier than 35
days after the publication of the preliminary 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 intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for the POR for each of the respective
companies listed above on shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this administrative review. For all
non-reviewed firms subject to the Order, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific or all-others rate applicable to the
company, as appropriate. These cash deposit requirements, effective
upon publication of the final results of review, shall remain in effect
until further notice.
Administrative Protective Order (APO)
This notice also serves as a 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 which
is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i) of
the Act, and 19 CFR 351.221(b)(5).
Dated: August 15, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Final Rescission of Review, in Part
IV. Scope of the Order
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether Commerce Should Change Its Preliminary
Findings Regarding the Export Buyer's Credit Program (EBCP)
Comment 2: Whether the Electricity for Less Than Adequate
Remuneration (LTAR) Program Is Specific
Comment 3: Whether Certain Input Suppliers Are Government
Authorities
A. Whether Information Is Missing From the Record
B. Whether Two Suppliers Provided Sufficient Information
Comment 4: Whether Commerce Properly Excluded Respondents'
Benchmark Data
A. Whether Commerce Should Use All of Respondents' Benchmark
Data
B. Whether Commerce Should Revise the Cut Timber Benchmark
Comment 5: Whether Commerce Should Revise the Paint Benchmark
Comment 6: Whether Commerce Should Revise the Ocean Freight
Benchmark
A. Whether Commerce Should Include Drewry Data
B. Whether Commerce Should Adjust Its Averaging Methodology
C. Whether To Include Certain Surcharges
Comment 7: Whether Commerce Should Rely on Respondents' Reported
Inland Freight Data
Comment 8: Whether Commerce Should Exclude Sales Not Related to
Production Activities
Comment 9: Whether Commerce Should Rely on Malaysian Land
Benchmarks
IX. Recommendation
Appendix II--Non-Selected Companies Under Review
1. Anji Huaxin Bamboo & Wood Products Co., Ltd.
2. Fotiou Frames Limited
3. Fujian Hongjia Craft Products Co., Ltd.
4. Fujian Wangbin Decorative Material Co., Ltd.
5. Fujian Youxi Best Arts & Crafts Co. Ltd.
6. Homebuild Industries Co., Ltd.
7. Huaan Longda Wood Industry Co., Ltd.
8. Jiangsu Wenfeng Wood Co., Ltd.
9. Longquan Jiefeng Trade Co., Ltd.
10. Nanping Huatai Wood & Bamboo Co., Ltd.
11. Nanping Huatai Wood and Bamboo Co., Ltd.
12. Putian Yihong Wood Industry Co., Ltd.
13. Shandong Miting Household Co., Ltd.
14. Shaxian Hengtong Wood Industry Co., Ltd.
15. Shaxian Shiyiwood, Ltd.
16. Shuyang Kevin International Co., Ltd.
17. Shuyang Zhongding Decoration Materials Co., Ltd.
18. Suqian Sulu Import & Export Trading Co., Ltd.
19. Zhangzhou Wangjiamei Industry & Trade Co., Ltd.
20. Zhangzhou Yihong Industrial Co., Ltd.
[FR Doc. 2024-19318 Filed 8-27-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 28, 2024.
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