Notice2024-21225
Wood Mouldings and Millwork Products From the People's Republic of China: Final Results and Partial Rescission of 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
September 18, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Fujian Jinquan Trade Co., Ltd./Baiyuan Wood Machining Co., Ltd. (Jinquan/Baiyuan) and 22 non-individually examined exporters of wood mouldings and millworks products (WMMP) from the People's Republic of China (China) sold subject merchandise to the United States at prices below normal value (NV) during the period of review (POR), February 01, 2022, through January 31, 2023. Commerce also determines that Fujian Yinfeng Imp & Exp Trading Co., Ltd./Fujian Province Youxi City Mangrove Wood Machining Co., Ltd. (Yinfeng/Mangrove) did not sell subject merchandise to the United States at prices below NV during the POR. Additionally, we are rescinding this review with respect to 12 companies that had no reviewable entries of subject merchandise during the POR.
Full Text
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<title>Federal Register, Volume 89 Issue 181 (Wednesday, September 18, 2024)</title>
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[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Notices]
[Pages 76452-76454]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21225]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-117]
Wood Mouldings and Millwork Products From the People's Republic
of China: Final Results and Partial Rescission of Antidumping Duty
Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Fujian Jinquan Trade Co., Ltd./Baiyuan Wood Machining Co., Ltd.
(Jinquan/Baiyuan) and 22 non-individually examined exporters of wood
mouldings and millworks products (WMMP) from the People's Republic of
China (China) sold subject merchandise to the United States at prices
below normal value (NV) during the period of review (POR), February 01,
2022, through January 31, 2023. Commerce also determines that Fujian
Yinfeng Imp & Exp Trading Co., Ltd./Fujian Province Youxi City Mangrove
Wood Machining Co., Ltd. (Yinfeng/Mangrove) did not sell subject
merchandise to the United States at prices below NV during the POR.
Additionally, we are rescinding this review with respect to 12
companies that had no reviewable entries of subject merchandise during
the POR.
DATES: Applicable September 18, 2024.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Hannah Lee, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1766 or (202) 482-1216,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 8, 2024, Commerce published the Preliminary Results.\1\ On
June 22, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\2\ The deadline for these preliminary results
is now September 11, 2024. For events subsequent to the Preliminary
Results, see the Issues and Decision Memorandum.\3\
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\1\ See Wood Mouldings and Millwork Products from the People's
Republic of China: Preliminary Results, Intent To Rescind, in Part,
and Rescission in Part, of Antidumping Duty Administrative Review;
2022-2023, 89 FR 16726 (March 8, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Decision Memorandum for the Final Results
of the Antidumping Duty Administrative Review Wood Mouldings and
Millwork Products from the People's Republic of China; 2022-2023,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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\4\ See Wood Mouldings and Millwork Products from the People's
Republic of China: Amended Final Antidumping Duty Determination and
Antidumping Duty Order, 86 FR 9486 (February 16, 2021) (Order).
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The merchandise covered by the Order is wood mouldings and millwork
products. 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 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 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 review and analysis of the comments received from the
interested parties, we made one change to the Preliminary Results
margin calculation for Jinquan/Baiyuan \5\ which resulted in no change
to its preliminary margin or to the margin assigned to the separate
rate companies.
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\5\ See Memorandum, ``Final Results Margin Calculation for
Jinquan/Baiyuan,'' dated concurrently with this notice (Jinquan/
Baiyuan's Final Calculation Memorandum).
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Partial Rescission
In the Preliminary Results, we stated that we intended to rescind
this review with respect to 12 companies \6\ for which Customs and
Border Protection (CBP) data show no entries of the subject merchandise
from these companies during the POR.\7\ No party filed comments with
respect to this preliminary finding and we received no information to
contradict it. Therefore, we are rescinding this administrative review
with respect to these companies.
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\6\ See Appendix III for a list of these companies.
\7\ See Preliminary Results, 89 FR at 16726.
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Rate for Non-Examined Separate Rate Respondents
The statute and our regulations do not address the establishment of
a rate to be assigned to respondents not selected for individual
examination when we limit our examination of companies subject to the
administrative review pursuant to section 777A(c)(2)(B) of the Tariff
Act of 1930, as amended (the Act). Generally, we look 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 respondents not individually examined in an administrative
review. Under section 735(c)(5)(A) of the Act, the all-others rate is
normally ``an amount equal to the weighted average of the estimated
weighted average dumping margins established for exporters and
producers individually investigated, excluding any zero and de minimis
margins, and any margins determined entirely {on the basis of facts
available{time} .'' Accordingly, Commerce's usual practice in
determining the rate for separate-rate respondents not selected for
individual examination, has been to average the weighted-average
dumping margins of the selected companies, excluding rates that are
zero, de minimis, or based entirely on facts available.\8\ Because in
these final results of this review we calculated a dumping margin of
zero for Yinfeng/Mangrove, and a dumping margin that is not zero, de
minimis, or based entirely on facts available for Jinquan/Baiyuan, we
assigned the separate-rate recipients a dumping margin equal to
Jinquan/Baiyuan's final dumping margin consistent with Commerce's
practice and section 735(c)(5)(B) of the Act.\9\
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\8\ See section 735(c)(5)(A) of the Act.
\9\ See Longkou Haimeng Mach. Co. v. United States, 581 F. Supp.
2d 1344, 1357-60 (CIT 2008) (affirming Commerce's determination to
assign a 4.22 percent dumping margin to the separate-rate
respondents in a segment where the three mandatory respondents
received dumping margins of 4.22 percent, 0.03 percent, and zero
percent, respectively); see also Certain Kitchen Appliance Shelving
and Racks from the People's Republic of China: Final Determination
of Sales at Less Than Fair Value, 74 FR 36656, 36660 (July 24,
2009).
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[[Page 76453]]
The China-Wide Entity
In the Preliminary Results, Commerce found that four companies \10\
did not establish eligibility for a separate rate because they did not
file a timely separate rate application or a separate rate
certification, as appropriate.\11\ No party filed comments with respect
to this preliminary finding and we received no information to
contradict it. Therefore, for these final results, we determine these
four companies to be part of the China-wide entity and assigned them
the dumping margin for the China-wide entity. Because no party
requested a review of the China-wide entity, and Commerce no longer
considers the China-wide entity as an exporter conditionally subject to
administrative reviews,\12\ we did not conduct a review of the China-
wide entity. Thus, the dumping margin for the China-wide entity, as
adjusted for export subsidies (i.e., 220.87 percent),\13\ is not
subject to change as a result of this review.
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\10\ These companies are: (1) Aventra, Inc. (Aventra); (2) China
Cornici, Co. Ltd. (China Cornici); (3) Gaomi Hongtai Home Furniture
Co., Ltd. (Gaomi Hongtai); and (4) and Shuyang Zhongding Decoration
Materials Co., Ltd. (Shuyang Zhongding).
\11\ See Preliminary Results PDM at 13.
\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, 65969-70 (November
4, 2013).
\13\ See Order, 86 FR at 9488. The weighted-average dumping
margin for the China-wide entity (231.60 percent) was adjusted for
export subsidies to determine the cash deposit rate (220.87 percent)
for companies in the China-wide entity.
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Final Results of Review
Commerce determines that the following estimated weighted-average
dumping margins exist for the period February 1, 2022, through January
31, 2023:
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\14\ See Appendix II.
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Weighted-
average
Exporters dumping margin
(percent)
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Fujian Jinquan Trade Co., Ltd./Baiyuan Wood Machining 4.25
Co., Ltd...............................................
Yinfeng Imp & Exp Trading Co., Ltd./Fujian Province 0.00
Youxi City Mangrove Wood Machining Co., Ltd............
Non-Selected Companies Under Review Receiving a Separate 4.25
Rate \14\..............................................
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Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
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, antidumping duties on
all appropriate entries of subject merchandise in accordance with these
final results of review. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of these final results. 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).
Because Jinquan/Baiyuan's ad valorem weighted-average final dumping
margin is not zero or de minimis (i.e., less than 0.50 percent), we
have calculated importer-specific assessment rates for this respondent,
in accordance with 19 CFR 351.212(b)(1).\15\
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\15\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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For sales for which Jinquan/Baiyuan reported entered value, we have
calculated importer-specific ad valorem assessment rates based on the
ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those sales, in accordance
with 19 CFR 351.212(b)(1). For sales for which Jinquan/Baiyuan did not
report entered value, we have calculated importer-specific per-unit
duty assessment rates based on the ratio of the total amount of
antidumping duties calculated for the examined sales to the total
quantity of those sales. To determine whether an importer-specific,
per-unit assessment rate is de minimis, in accordance with 19 CFR
351.106(c)(2), we also calculated an importer-specific ad valorem ratio
based on estimated entered values.
For Yinfeng/Mangrove, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\16\ For
entries that were not reported in the U.S. sales databases submitted by
Yinfeng/Mangrove and Jinquan/Baiyuan during this review, Commerce will
instruct CBP to liquidate such entries at the China-wide rate (i.e.,
220.87 percent).
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\16\ See 19 CFR 351.106(c)(2).
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For the companies identified as part of the China-wide entity
(i.e., Aventra, China Cornici, Gaomi Hongtai and Shuyang Zhongding), we
will instruct CBP to apply the China-wide rate (i.e., 220.87 percent)
to all entries of subject merchandise during the POR which were
exported by these companies.
For the 12 companies listed in Appendix III, for which the
administrative review is rescinded, antidumping duties shall be
assessed at a rate equal to the cash deposit of estimated antidumping
duties required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from China 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 Yinfeng/Mangrove,
the cash deposit rate will be zero; (2) for Jinquan/Baiyuan and the
other companies which were found eligible for a separate rate, the cash
deposit rate will be 4.25 percent; (3) 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; (4) 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., 220.87
percent); and (5) 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. These per-unit cash deposit requirements,
when imposed, shall remain in effect until further notice.
[[Page 76454]]
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final 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 this POR. Failure
to comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties has
occurred and the subsequent assessment of double antidumping duties,
and/or increase in the amount of antidumping duties by the amount of
the countervailing duties.
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) and 19 CFR 351.213(h)(2).
Dated: September 11, 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
General
Comment 1: Whether to Apply Adverse Facts Available to Yinfeng/
Mangrove and Jinquan/Baiyuan
Comment 2: Labor Surrogate Value Selection
Comment 3: Selection of Surrogate Producers
Comment 4: Market Economy Purchases
Jinquan/Baiyuan
Comment 5: Jinquan/Baiyuan's Electricity Offset
Comment 6: Freight Revenue Cap
Comment 7: Exclusion of Certain U.S. Sales With Entry Dates
After the POR
Comment 8: Valuation of Wood Powder
Comment 9: Valuation of Radiata Pine Log
Separate Rate Companies
Comment 10: Liquidation Instructions for CTIL
Appendix II
Non-Selected Companies Under Review Receiving a Separate Rate
1. Anji Huaxin Bamboo & Wood Products Co., Ltd.
2. Composite Technology International, Limited
3. Fujian Hongjia Craft Products Co., Ltd.
4. Fujian Sanming City Donglai Wood Co., Ltd.
5. Fujian Wangbin Decorative Material Co., Ltd.
6. Fujian Youxi Best Arts & Crafts 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. Nicer Window Fashions Co., Ltd.
12. Putian Yihong Wood Industry Co., Ltd.
13. Qimen Jianxing Bamboo and Wood Goods Co., Ltd.
14. Rui Xing Wooden Products Co., Ltd.
15. Shandong Miting Household Co., Ltd.
16. Shaxian Hengtong Wood Industry Co., Ltd.
17. Shaxian Shiyiwood, Ltd.
18. Shuyang Kevin International Co., Ltd.
19. Sun Valley Shade Co., Ltd.
20. Suqian Sulu Import & Export Trading Co., Ltd.
21. Zhangzhou Wangjiamei Industry & Trade Co., Ltd.
22. Zhangzhou Yihong Industrial Co., Ltd.
Appendix III
Companies for Which the Review Is Rescinded
1. Jiangsu Chen Sheng Forestry Development Co., Ltd.
2. Omni One Co., Ltd.
3. Raoping HongRong Handicrafts Co., Ltd.
4. Baixing Import and Export Trading Co., Ltd Youxi Fujian
5. Bel Trade Wood Industrial Co., Ltd. Youxi Fujian
6. Fotiou Frames Limited
7. Fujian Zhangping Kimura Forestry Products Co., Ltd.
8. Homebuild Industries Co., Ltd.
9. Jim Fine Wooden Products Co., Ltd.
10. Shenzhen Xinjintai Industrial Co., Ltd.
11. Tim Feng Manufacturing Co., Ltd.
12. Wuxi Boda Bamboo & Wood Industrial Co., Ltd.
[FR Doc. 2024-21225 Filed 9-17-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 18, 2024.
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