Notice2024-24750
Wood Mouldings and Millwork Products From the People's Republic of China: Amended Final Results 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
October 24, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty order on wood mouldings and millwork products (WMMP) from the People's Republic of China (China) to correct a ministerial error. The period of review (POR) is February 1, 2022, through January 31, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 206 (Thursday, October 24, 2024)</title>
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[Federal Register Volume 89, Number 206 (Thursday, October 24, 2024)]
[Notices]
[Pages 84863-84865]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24750]
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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: Amended Final Results 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) is amending the
final results of the administrative review of the antidumping duty
order on wood mouldings and millwork products (WMMP) from the People's
Republic of China (China) to correct a ministerial error. The period of
review (POR) is February 1, 2022, through January 31, 2023.
DATES: Applicable October 24, 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 September 17, 2024, Commerce received timely submitted
ministerial error allegations from the Coalition of American Millwork
Producers (the petitioner) \1\ with respect to the margin calculations
for Jinquan/Baiyuan,\2\ one of the two mandatory respondents.\3\ No
other parties submitted comments. On September 18, 2024, Commerce
published the Final Results in the Federal Register.\4\ We are amending
the Final Results to correct one of the petitioner's alleged
ministerial errors while finding the other allegation to be
[[Page 84864]]
methodological in nature rather than a clerical error.\5\
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\1\ See Petitioner's Letter, ``Ministerial Error Allegations,''
dated September 17, 2024 (Ministerial Error Comments).
\2\ The full names for the companies included in this collapsed
entity are Fujian Jinquan Trade Co., Ltd./Baiyuan Wood Machining
Co., Ltd. (Jinquan/Baiyuan).
\3\ The other mandatory respondent in this administrative review
is Fujian Yinfeng Imp & Exp Trading Co., Ltd./Fujian Province Youxi
City Mangrove Wood Machining Co., Ltd.
\4\ See Wood Mouldings and Millwork Products from the People's
Republic of China: Final Results and Partial Rescission in Part, of
Antidumping Duty Administrative Review; 2022-2023, 89 FR 76452
(September 18, 2024) (Final Results), and accompanying Issues and
Decision Memorandum (IDM).
\5\ See Memorandum, ``Analysis of Ministerial Error
Allegations,'' dated concurrently with, and hereby adopted by, this
notice (Ministerial Error Memorandum).
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Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act),
defines a ``ministerial error'' as including ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other
unintentional error which the administering authority considers
ministerial.'' \6\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any . . . ministerial
error by amending the final results of review. . . .''
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\6\ See 19 CFR 351.224(f).
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Ministerial Error
In the Final Results, we stated that we recalculated the freight
revenue cap for Jinquan/Baiyuan.\7\ In its Ministerial Error Comments,
the petitioner alleged that while Commerce correctly calculated the
freight revenue cap, Commerce incorrectly applied it to the original
gross unit price by: (a) failing to remove the freight expenses from
the price; and (b) incorrectly subtracting, rather than adding, the
freight revenue cap to the price.\8\
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\7\ See Final Results IDM at Comment 6.
\8\ See Ministerial Error Comments at 1-2.
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We agree with the petitioner that we made a ministerial error
pursuant to section 751(h) of the Act and 19 CFR 351.224(f). Pursuant
to 19 CFR 351.224(e), we are amending the Final Results to correct this
ministerial error in the calculation of the weighted-average dumping
margin for Jinquan/Baiyuan. As a result, the margin changes from 4.25
percent to 4.68 percent. Furthermore, based on the revised weighted-
average dumping margin calculated for Jinquan/Baiyuan, we are also
amending the rate for the companies not selected for individual
examination in this review, which changes from 4.25 percent to 4.68
percent.
For a complete discussion of the ministerial error allegation, as
well as Commerce's analysis, see the Ministerial Error Memorandum.\9\
The Ministerial Error Memorandum is a public document and is on file
electronically via ACCESS. ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>.
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\9\ See also Memorandum, ``Amended Final Results Margin
Calculation for Jinquan/Baiyuan,'' dated concurrently with this
memorandum.
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Amended Final Results of Review
As a result of correcting the ministerial error described above, we
determine the following estimated amended weighted-average dumping
margins for the period February 1, 2022, through January 31, 2023:
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Weighted-average
Exporters dumping margin
(percent)
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Fujian Jinquan Trade Co., Ltd./Baiyuan Wood 4.68
Machining Co., Ltd.................................
Non-Selected Companies Under Review Receiving a 4.68
Separate Rate \10\.................................
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Disclosure
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\10\ See Appendix.
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We intend to disclose the calculations performed in connection with
these amended final results of review to interested parties 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 U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the amended final results of review.
Commerce intends to issue assessment instructions to CBP for Jinquan/
Baiyuan and the non-selected companies under review receiving a
separate rate no earlier than 35 days after the date of publication of
the amended final results 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).
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).\11\ 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.
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\11\ In these amended final 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 entries that were not reported in the U.S. sales databases
submitted by Jinquan/Baiyuan during this review, Commerce will instruct
CBP to liquidate such entries at the China-wide rate (i.e., 220.87
percent).
For the respondents not selected for individual examination in this
administrative review that qualified for a separate rate, the
assessment rate will be equal to Jinquan/Baiyuan's amended cash deposit
rate (i.e., 4.68 percent).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the amended 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: for Jinquan/
Baiyuan and the other companies which were found eligible for a
separate rate, the cash deposit rate will be 4.68 percent.
[[Page 84865]]
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 amended final results of
administrative review and notice in accordance with sections 751(h) and
777(i) of the Act, and 19 CFR 351.224(e).
Dated: October 18, 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
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.
[FR Doc. 2024-24750 Filed 10-23-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 24, 2024.
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