Notice2026-22763
Certain Wooden Fence Components From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation
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
November 9, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 91 Issue 215 (Monday, November 9, 2026)</title>
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[Federal Register Volume 91, Number 215 (Monday, November 9, 2026)]
[Notices]
[Pages 70851-70856]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22763]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-243]
Certain Wooden Fence Components From the People's Republic of
China: Initiation of Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable November 3, 2026.
FOR FURTHER INFORMATION CONTACT: Frank Schmitt, Office III, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4880.
SUPPLEMENTARY INFORMATION:
The Petition
On September 24, 2026, the U.S. Department of Commerce (Commerce)
received an antidumping duty (AD) petition concerning imports of
certain wooden fence components \1\ from the People's Republic of China
(China), filed in proper form on behalf of the American Alliance of
Wooden Fence Producers (the petitioner),\2\ the members of which are
domestic producers of certain wooden fence components.\3\ The AD
Petition was accompanied by a countervailing duty (CVD) petition
concerning imports of certain wooden fence components from China.\4\
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\1\ See Petitioner's Letter, ``Notice of Change in Case Name,''
dated November 2, 2026; see also Memorandum, ``Product Name
Change,'' dated November 3, 2026.
\2\ The individual members of the American Alliance of Wooden
Fence Producers (Alliance) are Alta Forest Products, Sierra Pacific
Industries, and Mendocino Forest Products.
\3\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated September 24, 2026
(Petition).
\4\ Id.
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On October 13, 2026, Commerce extended the initiation deadline by
20 days to further examine the issue of industry support, because it
was not clear from the Petition whether the industry support criteria
had been met.\5\
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\5\ See Notice of Extension of the Deadline for Determining the
Adequacy of the Antidumping and Countervailing Duty Petitions:
Certain Wooden Fence Pickets from the People's Republic of China, 91
FR 66106 (October 19, 2026) (Initiation Extension Notice).
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Between September 29 and October 14, 2026, Commerce requested
supplemental information pertaining to certain aspects of the Petition
in supplemental questionnaires.\6\ Between October 4 and 21, 2026, the
petitioner filed timely responses to these requests for additional
information.\7\
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\6\ See Commerce's Letters, ``General Issues Supplemental
Questions,'' dated September 29, 2026 (First General Issues
Supplemental Questionnaire); ``Second General Issues Supplemental
Questions,'' dated October 8, 2026 (Second General Issues
Supplemental Questionnaire); ``Third Supplemental Questions,'' dated
October 14, 2026 (Third General Issues Supplemental Questionnaire);
``Supplemental Questions,'' dated October 1, 2026 (First China AD
Supplemental Questionnaire); and ``Second Supplemental Questions,''
dated October 14, 2026 (Second China AD Supplemental Questionnaire).
\7\ See Petitioner's Letters, ``Petitioner Response to the 1st
Supplemental Questionnaire Regarding Common Issues and Injury Volume
I of the Petition,'' dated October 4, 2026 (First General Issues
Supplement); ``Petitioner Response to the 2nd Supplemental
Questionnaire Regarding Common Issues and Injury Volume I of the
Petition,'' dated October 9, 2026 (Second General Issues
Supplement); ``Petitioner Response to the 3rd Supplemental
Questionnaire Regarding Common Issues and Injury Volume I of the
Petition,'' dated October 19, 2026; ``Petitioner's Response to the
1st Supplemental Questionnaire Regarding the People's Republic of
China Volume II of the Petition,'' dated October 6, 2026 (First
China AD Supplement); and ``Petitioner's Response to the 2nd
Supplemental Questionnaire Regarding the People's Republic of China
Volume II of the Petition,'' dated October 21, 2026 (Second China AD
Supplement).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that imports of certain
wooden fence components from China are being, or are likely to be, sold
in the United States at less than fair value (LTFV) within the meaning
of section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the certain
wooden fence components industry in the United States. Consistent with
section 732(b)(1) of the Act, the Petition was accompanied by
information reasonably available to the petitioner supporting its
allegations.
Commerce finds that the petitioner filed the Petition on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(F) of the Act.\8\ Commerce also finds that
the petitioner demonstrated sufficient industry support for the
initiation of the requested LTFV investigation.\9\
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\8\ The members of the Alliance are interested parties within
the meaning of section 771(9)(C) of the Act.
\9\ See section on ``Determination of Industry Support for the
Petition,'' infra.
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Period of Investigation (POI)
Because the Petition was filed on September 24, 2026, and because
China is a non-market economy (NME) country pursuant to 19 CFR
351.204(b)(1), the POI for the LTFV investigation is January 1, 2026,
through June 30, 2026.
Scope of the Investigation
The products covered by this investigation are certain wooden fence
components from China. For a full description of the scope of this
investigation, see the appendix to this notice.
Comments on the Scope of the Investigation
Between September 29 and October 14, 2026, Commerce requested
information and clarification from the petitioner regarding the
proposed scope to ensure that the scope language in the Petition is an
accurate reflection of the products for which the domestic
[[Page 70852]]
industry is seeking relief.\10\ Between October 4 and 19, 2026, the
petitioner provided clarifications and/or revised the scope.\11\ The
description of merchandise covered by this investigation, as described
in the appendix to this notice, reflects these clarifications.
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\10\ See First General Issues Supplemental Questionnaire; see
also Second General Issues Supplemental Questionnaire and Third
General Issues Supplemental Questionnaire.
\11\ See First General Issues Supplement at 1-8 and Exhibits I-
Supp-2 through Exhibit I-Supp-6; see also Second General Issues
Supplement at 1-2; and Third General Issues Supplemental
Questionnaire at 1.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\12\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determination. If scope comments include factual
information, all such factual information should be limited to public
information.\13\ Commerce requests that interested parties provide at
the beginning of their scope comments a public executive summary for
each comment or issue raised in their submission. Commerce further
requests that interested parties limit their public executive summary
of each comment or issue to no more than 450 words, not including
citations. Commerce intends to use the public executive summaries as
the basis of the comment summaries included in the analysis of scope
comments. To facilitate preparation of its questionnaires, Commerce
requests that scope comments be submitted by 5:00 p.m. Eastern Time
(ET) on November 23, 2026, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, and should also be limited to public information, must be
filed by 5:00 p.m. ET on December 3, 2026, which is 10 calendar days
from the initial comment deadline.
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\12\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\13\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that parties
consider relevant to the scope of this investigation be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\14\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\14\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help">https://access.trade.gov/help</a> and a handbook can be
found at <a href="https://access.trade.gov/ACCESS%20Handbook%20on%20Electronic%20Filing%20Procedures_March2026.pdf">https://access.trade.gov/ACCESS%20Handbook%20on%20Electronic%20Filing%20Procedures_March2026.pdf</a>.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of certain wooden fence
components to be reported in response to Commerce's AD questionnaires.
This information will be used to identify the key physical
characteristics of the subject merchandise in order to report the
relevant factors of production (FOP) accurately, as well as to develop
appropriate product comparison criteria.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on November 23,
2026, which is 20 calendar days from the signature date of this notice.
Any rebuttal comments must be filed by 5:00 p.m. ET on December 3,
2026, which is 10 calendar days from the initial comment deadline. All
comments and submissions to Commerce must be filed electronically using
ACCESS, as explained above, on the record of the LTFV investigation.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC apply the same statutory definition regarding the domestic like
product,\15\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\16\
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\15\ See section 771(10) of the Act.
\16\ See USEC, Inc. v. United States, 132 F.Supp.2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688
F.Supp.639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigation.\17\ Based on our analysis of
[[Page 70853]]
the information submitted on the record, we have determined that
certain wooden fence components, as defined in the scope, constitute a
single domestic like product, and we have analyzed industry support in
terms of that domestic like product.\18\
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\17\ For a discussion of the domestic like product analysis as
applied to this case and information regarding industry support, see
Checklist, ``Antidumping Duty Investigation Initiation Checklist:
Certain Wooden Fence Components from the People's Republic of
China,'' dated concurrently with, and hereby adopted by, this notice
(China AD Initiation Checklist), at Attachment II, Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering Certain Wooden Fence Components from the People's
Republic of China (Attachment II). This checklist is on file
electronically via ACCESS.
\18\ For further discussion, see Attachment II of the China AD
Initiation Checklist.
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As noted above, on October 13, 2026, Commerce extended the
initiation deadline by 20 days to further examine the issue of industry
support. In determining whether the petitioner has standing under
section 732(c)(4)(A) of the Act, we considered the industry support
data contained in the Petition with reference to the domestic like
product as defined in the ``Scope of the Investigation,'' in the
appendix to this notice. To establish industry support, the petitioner
provided the 2025 production of the domestic like product for the U.S.
producers that support the Petition and compared this to the estimated
total production of the domestic like product by the U.S. certain
wooden fence components industry.\19\ We relied on data provided by the
petitioner for purposes of measuring industry support.\20\
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\19\ Id.
\20\ For further discussion, see Attachment II of the China AD
Initiation Checklist.
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Our review of the data provided in the Petition, the First General
Issues Supplement, Third General Issues Supplement, and other
information readily available to Commerce indicates that the petitioner
has established industry support for the Petition.\21\ First, the
Petition established support from domestic producers (or workers)
accounting for more than 50 percent of the total production of the
domestic like product and, as such, Commerce is not required to take
further action in order to evaluate industry support (e.g.,
polling).\22\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petition account for at least 25 percent of the total production of the
domestic like product.\23\ Finally, the domestic producers (or workers)
have met the statutory criteria for industry support under section
732(c)(4)(A)(ii) of the Act because the domestic producers (or workers)
who support the Petition account for more than 50 percent of the
production of the domestic like product produced by that portion of the
industry expressing support for, or opposition to, the Petition.\24\
Accordingly, Commerce determines that the Petition was filed on behalf
of the domestic industry within the meaning of section 732(b)(1) of the
Act.\25\
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\21\ Id.
\22\ Id.; see also section 732(c)(4)(D) of the Act.
\23\ See Attachment II of the China AD Initiation Checklist.
\24\ Id.
\25\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioner alleges that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioner alleges that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\26\
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\26\ For further discussion, see China AD Initiation Checklist
at Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Certain Wooden Fence Components from the People's
Republic of China.
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The petitioner contends that the industry's injured condition is
illustrated by a significant increase in the volume of subject imports;
significant market share by subject imports and reduced market share
for the domestic industry; underselling and price depression and
suppression; negative impact on financial performance; lost sales and
revenue; declines in production, U.S. shipments, capacity utilization,
and employment variables; and the magnitude of the alleged dumping
margins.\27\ We assessed the allegations and supporting evidence
regarding material injury, threat of material injury, causation, as
well as negligibility, and we have determined that these allegations
are properly supported by adequate evidence, and meet the statutory
requirements for initiation.\28\
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\27\ Id.
\28\ Id.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate LTFV investigation
of imports of certain wooden fence components from China. The sources
of data for the deductions and adjustments relating to U.S. price and
normal value (NV) are discussed in greater detail in the China AD
Initiation Checklist.
U.S. Price
The petitioner based export price (EP) on pricing information for
certain wooden fence components produced in China and sold or offered
for sale in the U.S. market.\29\ The petitioner made certain
adjustments to U.S. price to calculate a net ex-factory U.S. price,
where applicable.\30\
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\29\ See China AD Initiation Checklist.
\30\ Id.
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Normal Value
Commerce considers China to be an NME country.\31\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of the LTFV investigation. Accordingly, we
base NV on FOPs valued in a surrogate market economy country in
accordance with section 773(C) of the Act.
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\31\ See, e.g., Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 88 FR 15372
(March 13, 2023), and accompanying Preliminary Decision Memorandum
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Final Affirmative Determination
of Sales at Less-Than-Fair Value and Final Affirmative Determination
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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The petitioner claims that Brazil, Mexico, and the Republic of
T[uuml]rkiye (T[uuml]rkiye) are appropriate surrogate countries for
China because they are market economy countries that are at a level of
economic development comparable to that of China and are significant
producers of comparable merchandise.\32\ The petitioner provided
publicly available information from Brazil, Mexico, and T[uuml]rkiye to
value all FOPs.\33\ Based on the information provided by the
petitioner, we believe it is appropriate to use Brazil, Mexico, and
T[uuml]rkiye as surrogate countries for China to value all FOPs for
initiation purposes.
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\32\ See China AD Initiation Checklist.
\33\ Id.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
[[Page 70854]]
Factors of Production
Because information regarding the volume of inputs consumed by
Brazilian, Mexican, and Turkish producers/exporters was not reasonably
available, the petitioner used the production experience and product-
specific consumption rates of a U.S. producer of certain wooden fence
components as a surrogate to value Chinese manufacturers' FOPs.\34\
Additionally, the petitioner calculated factory overhead, selling,
general, and administrative (SG&A) expenses, and profit based on the
experiences of Brazilian and Turkish producers of comparable
merchandise.\35\
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\34\ Id.
\35\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of certain wooden fence components from China are
being, or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, after accounting for certain revisions made by Commerce, the
estimated dumping margins for certain wooden fence components from
China covered by this initiation range from (1) China (Brazil
surrogate) 217.40 to 232.23 percent; (2) China (Mexico surrogate)
122.64 to 131.81 percent; and (3) China (T[uuml]rkiye surrogate) 109.01
to 117.41 percent.\36\
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\36\ Id.
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Initiation of LTFV Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating an LTFV investigation to
determine whether imports of certain wooden fence components from China
are being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 140 days after the date of this initiation.
Respondent Selection
In the Petition, the petitioner identified 80 companies in China as
producers and/or exporters of certain wooden fence components.\37\ Our
standard practice for respondent selection in an AD investigation
involving an NME country is to select respondents based on quantity and
value (Q&V) questionnaires in cases where Commerce has determined that
the number of companies is large, and it cannot individually examine
each company based upon its resources. Therefore, considering the
number of producers and/or exporters identified in the Petition,
Commerce will solicit Q&V information that can serve as a basis for
selecting exporters for individual examination in the event that
Commerce determines that the number is large and decides to limit the
number of respondents individually examined pursuant to section
777A(c)(2) of the Act. Given the number of producers and/or exporters
identified in the Petition, Commerce has determined that it will issue
Q&V questionnaires to the largest producers and/or exporters that are
identified in the U.S. Customs and Border Protection entry data for
which there is complete address information on the record.\38\
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\37\ See Petition at Volume I (pages 9-10 and Exhibit I-8); see
also First General Issues Supplement at 1 and Exhibit I-Supp-1.
\38\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated November 3, 2026.
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Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-qv-questionnaire">https://www.trade.gov/ec-adcvd-qv-questionnaire</a>. Producers/exporters of certain wooden fence
components from China that do not receive Q&V questionnaires may still
submit a response to the Q&V questionnaire and can obtain a copy of the
Q&V questionnaire from Commerce's website. Responses to the Q&V
questionnaire must be submitted by the relevant Chinese producers/
exporters no later than 5:00 p.m. ET on November 17, 2026, which is two
weeks from the signature date of this notice. All Q&V questionnaire
responses must be filed electronically via ACCESS. An electronically
filed document must be received successfully in its entirety by ACCESS
no later than 5:00 p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
Commerce's website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at <a href="https://www.trade.gov/non-market-economy-separate-rate-applications-and-certifications">https://www.trade.gov/non-market-economy-separate-rate-applications-and-certifications</a>. Note that
Commerce recently promulgated new regulations pertaining to separate
rates, including the separate rate application deadline and eligibility
for separate rate status, in 19 CFR 351.108.\39\ Pursuant to 19 CFR
351.108(d)(1), the separate rate application will be due 21 days after
publication of this initiation notice.\40\ Exporters and producers must
file a timely separate rate application if they want to be considered
for individual examination. In addition, pursuant to 19 CFR 351.108(e),
exporters and producers who submit a separate rate application and have
been selected as mandatory respondents will be eligible for
consideration for separate rate status only if they fully respond to
all parts of Commerce's AD questionnaire and participate in the LTFV
proceeding as mandatory respondents.\41\ Commerce requires that
companies from China submit a response both to the Q&V questionnaire
and to the separate rate application by the respective deadlines to
receive consideration for separate rate status. Companies not filing a
timely Q&V questionnaire response will not receive separate rate
consideration.
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\39\ See Regulations Enhancing the Administration of the
Antidumping and Countervailing Duty Trade Remedy Laws, 89 FR 101694,
101759-60 (December 16, 2024).
\40\ See 19 CFR 351.108(d)(1).
\41\ See 19 CFR 351.108(e).
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\42\
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\42\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005), at 6 (emphasis added), available on Commerce's website at
<a href="https://www.trade.gov/enforcement-and-compliance-policy-bulletins-0">https://www.trade.gov/enforcement-and-compliance-policy-bulletins-0</a>.
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[[Page 70855]]
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the Government of China via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 25 days after the date
on which the ITC receives notice from Commerce of initiation of the
investigation, whether there is a reasonable indication that imports of
certain wooden fence components from China are materially injuring, or
threatening material injury to, a U.S. industry.\43\ A negative ITC
determination will result in the investigation being terminated.\44\
Otherwise, this LTFV investigation will proceed according to statutory
and regulatory time limits.
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\43\ See section 733(a) of the Act.
\44\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \45\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\46\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\45\ See 19 CFR 351.301(b).
\46\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\47\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in this investigation.\48\
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\47\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
\48\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\49\
Parties must use the certification formats provided in 19 CFR
351.303(g).\50\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\49\ See section 782(b) of the Act.
\50\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2023) (Final Rule). Additional
information regarding the Final Rule is available at <a href="https://www.trade.gov/sites/default/files/2026-08/FAQ%20for%20Certifications.pdf?v=1787683944756">https://www.trade.gov/sites/default/files/2026-08/FAQ%20for%20Certifications.pdf?v=1787683944756</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in this investigation should ensure that they meet the requirements of
19 CFR 351.103(d) (e.g., by filing the required letter of appearance).
Note that Commerce has amended certain of its requirements pertaining
to the service of documents in 19 CFR 351.303(f).\51\
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\51\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: November 3, 2026.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix
Scope of the Investigation
The scope of this investigation includes certain wooden fence
components (commonly referred to as pickets), finished and
unfinished, whether assembled or unassembled. Wooden fence pickets
included in this scope are made of one or more wood species,
typically from Cryptomeria japonica (Japanese Cedar or Sugi), but
can also be made from other wood species, including but not limited
to Western Red Cedar, Redwood, Incense Cedar, Douglas Fir, Western
Hemlock, Sitka Spruce, and Cunninghamia lanceolata (Chinese Fir).
Wooden fence pickets are included within the scope of this
investigation regardless of form or shape, including, but not
limited to flat top (also known as square or square top), pointed,
dog ear, gothic (including but not limited to French gothic, French
gothic blunt point) and stockade.
Generally, assembled wooden fence pickets contain at least one
fence picket attached to one or more cross rails, framing lumber, or
other fencing materials, and can include fully pre-assembled fence
panels. Unassembled wooden fence pickets consist of one or more
wooden fence pickets, not attached to any framing lumber, whether
sold individually, bundled, or in a kit with framing lumber.
The finished products covered by the scope of this investigation
have the following dimensions: a thickness of no more than 1 inch, a
width of no more than 12 inches, and a length of at least 3 feet.
The products covered by the scope are typically a length of 5 feet,
6 feet, or 8 feet when finished.
Wooden fence pickets are included within the scope of this
investigation regardless of whether they have been painted, stained,
pressure-treated, or otherwise coated or
[[Page 70856]]
treated. Subject merchandise also includes wooden fence pickets that
have been further processed in a third country, including but not
limited to trimming, cutting, notching, sanding, planing or any
other processing that would not otherwise remove the merchandise
from the scope of this investigation if performed in the country of
manufacture of the in-scope product.
Excluded from the scope of this investigation are wooden fence
pickets made exclusively of bamboo (including, but not limited to,
Phyllostachys edulis, Bambusa textilis, and Bambusa oldhamii),
Brazilian Pine (Paran[aacute] pine), or Southern Yellow Pine
(including Shortleaf Pine (Pinus echinata), Slash Pine (Pinus
ellioti), Longleaf Pine (Pinus palustris), or Loblolly Pine (Pinus
taeda)).
Also excluded from the scope of this investigation are wood
mouldings and millwork products covered by the antidumping and
countervailing duty orders on wood mouldings and millwork products
from the People's Republic of China. See Wood Mouldings and Millwork
Products from the People's Republic of China: Amended Final
Antidumping Duty Determination and Antidumping Duty Order, 86FR 9486
(February 16, 2021) (amended final antidumping duty determination
and antidumping duty order); Wood Mouldings and Millwork Products
from the People's Republic of China: Countervailing Duty Order, 86
FR 9484 (February 16, 2021) (countervailing duty order).
Imports of subject merchandise are typically classified under
Harmonized Tariff Schedule of the United States (HTSUS) statistical
numbers 4404.10.0040, 4407.19.0092, 4421.99.7020, and 4421.99.7040.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of this
investigation is dispositive.
[FR Doc. 2026-22763 Filed 11-6-26; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on November 9, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.