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[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77157-77159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26495]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-051]

Certain Hardwood Plywood Products From the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 2017-
2018

AGENCY: Enforcement and Compliance International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that certain 
producers and exporters of certain hardwood plywood products (hardwood 
plywood) from the People's Republic of China (China) made sales of the 
subject merchandise at prices below normal value (NV) during the period 
of review (POR), June 23, 2017 through December 31, 2018.

DATES: Applicable December 1, 2020.

FOR FURTHER INFORMATION CONTACT: Kabir Archuletta, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2593.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on hardwood plywood from China in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act).\1\ On February 
7, 2020, Commerce published in the Federal Register the Preliminary 
Results of this administrative review.\2\ On June 29, 2020, we received 
case briefs from Linyi Chengen Import and Export Co., Ltd. (Chengen), 
the sole mandatory respondent in this review,\3\ and Canusa Wood 
Products Ltd. a/k/a Canusa Wood Products Limited, Richmond 
International Forest Products LLC, Taraca Pacific Inc., and Concannon 
Corp. (collectively, the Importers Coalition).\4\ On June 30, 2020, we

[[Page 77158]]

received a case brief on behalf of the Coalition for Fair Trade in 
Hardwood Plywood (the petitioner).\5\ On July 6, 2020, we received a 
rebuttal brief on behalf of Cosco Star International Co., Ltd.; 
Shandong Jinhua International Trading Co., Ltd.; Qingdao Top P&Q 
International Corp.; Jiangsu High Hope Arser Co., Ltd.; Pingyi Jinniu 
Wood Co., Ltd.; Linyi Dahua Wood Co., Ltd.; Happy Wood Industrial Group 
Co., Ltd.; Xuzhou Amish Import & Export Co., Ltd.; and Zhejiang Dehua 
TB Import & Export Co., Ltd. (Separate Rate Respondents).\6\ On July 
10, 2020, we received rebuttal briefs from the Importers Coalition, 
Chengen, and the petitioner.\7\
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    \1\ See Certain Hardwood Plywood Products from the People's 
Republic of China: Amended Final Determination of Sales at Less Than 
Fair Value, and Antidumping Duty Order, 83 FR 504 (January 4, 2018) 
(Order).
    \2\ See Certain Hardwood Plywood Products from the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review and Rescission of Review, In Part 2017-2018, 
85 FR 7270 (February 7, 2020) (Preliminary Results).
    \3\ See Chengen's Letter, ``Hardwood Plywood Products from the 
People's Republic of China: Case Brief,'' dated June 29, 2020.
    \4\ See Importers Coalition's Letter, ``Administrative Review of 
the Antidumping Duty Order on Plywood Products from the People's 
Republic of China: Letter in Lieu of Case Brief,'' dated June 29, 
2020.
    \5\ See Petitioner's Letter, ``Hardwood Plywood Products from 
the People Republic of China: Petitioner's Case Brief,'' dated June 
29, 2020. On November 13, 2020, at the request of Commerce and with 
the consent of Chengen, the petitioner submitted a revised case 
brief to publicly state information that had previously been treated 
as business proprietary information. See Petitioner's Letter, 
``Petitioner's Resubmission of Case Brief,'' dated November 23, 
2020; see also Memorandum, ``Request for Revised Bracketing of Case 
Brief,'' dated November 12, 2020.
    \6\ See Separate Rate Respondents' Letter, ``Hardwood Plywood 
Products from the People's Republic of China: Rebuttal Brief,'' 
dated July 6, 2020.
    \7\ See Importers Coalition's Letter, ``Administrative Review of 
the Antidumping Duty Order on Plywood Products from the People's 
Republic of China: Rebuttal Brief,'' dated July 10, 2020; see also 
Chengen's Letter, ``Hardwood Plywood Products from the People's 
Republic of China: Rebuttal Briefs,'' dated July 10, 2020, and 
Petitioner's Letter, ``Hardwood Plywood Products from People 
Republic of China: Petitioner's Rebuttal Case Brief,'' dated July 
10, 2020.
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    A complete summary of the events that occurred since publication of 
the Preliminary Results may be found in the Issues and Decision 
Memorandum.\8\
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    \8\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review of 
Certain Hardwood Plywood Products from the People's Republic of 
China; 2017-2018,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
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Scope of the Order

    The product covered by the Order is hardwood plywood from China. A 
full description of the scope of the Order is contained in the Issues 
and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are listed in the appendix to this notice and are 
addressed in the Issues and Decision Memorandum. 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 https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/index.html. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, and for the reasons 
explained in the Issues and Decision Memorandum, Commerce made certain 
changes to the Preliminary Results. Specifically, we revised the 
calculation of the surrogate financial ratios, the surrogate value for 
formaldehyde, and the surrogate value for labor.

Separate Rates

    In the Preliminary Results, we found that information placed on the 
record by Chengen, as well as by the other companies listed in the rate 
table in the ``Final Results of Review'' section below, demonstrates 
that these companies are entitled to separate rate status. We received 
no arguments since the Preliminary Results that provide a basis for 
reconsidering the determination with respect to the separate rate 
status of these entities. Therefore, for the final results, we continue 
to find Chengen and the other companies listed below, eligible for a 
separate rate. In this administrative review, Chengen is the only 
reviewed respondent that received a calculated weighted-average margin. 
Therefore, for the final results, Commerce has assigned Chengen's 
weighted-average margin to the non-selected separate-rate companies.\9\
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    \9\ For further discussion regarding the rate assigned to the 
non-selected companies, see Comment 4 of the Issues and Decision 
Memorandum.
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    In addition, Commerce continues to find that certain companies did 
not demonstrate their eligibility for separate rate status because they 
did not timely file a separate rate application or certification and, 
consequently, did not rebut the presumption of de jure or de facto 
government control of their operations. See Appendix II of this notice 
for a complete list of companies not receiving a separate rate.

Final Results of Review

    Commerce determines that the following weighted-average dumping 
margins exist for the POR from June 23, 2017 through December 31, 2018:

------------------------------------------------------------------------
                                                                Dumping
                          Exporters                             margin
                                                               (percent)
------------------------------------------------------------------------
Linyi Chengen Import and Export Co., Ltd....................       14.95
Review-Specific Rate Applicable to the Following Companies:
    Anhui Hoda Wood Co., Ltd................................       14.95
    Cosco Star International Co., Ltd.......................       14.95
    Happy Wood Industrial Group Co., Ltd....................       14.95
    Jiangsu High Hope Arser Co., Ltd........................       14.95
    Jiaxing Hengtong Wood Co., Ltd..........................       14.95
    Linyi Evergreen Wood Co., Ltd...........................       14.95
    Linyi Glary Plywood Co., Ltd............................       14.95
    Linyi Huasheng Yongbin Wood Co., Ltd....................       14.95
    Linyi Jiahe Wood Industry Co., Ltd......................       14.95
    Linyi Sanfortune Wood Co., Ltd..........................       14.95
    Qingdao Top P&Q International Corp......................       14.95
    Shanghai Brightwood Trading Co., Ltd....................       14.95
    Shanghai Futuwood Trading Co., Ltd......................       14.95
    Shanghai Luli Trading Co., Ltd..........................       14.95
    Suqian Hopeway International Trade Co., Ltd.............       14.95
    Suzhou Oriental Dragon Import and Export Co., Ltd.......       14.95
    Xuzhou Jiangheng Wood Products Co., Ltd.................       14.95
    Xuzhou Jiangyang Wood Industries Co., Ltd...............       14.95
    Xuzhou Timber International Trade Co., Ltd..............       14.95
    Zhejiang Dehua TB Import & Export Co., Ltd..............       14.95
------------------------------------------------------------------------

Assessment Rates

    Commerce shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with section 751(a)(2)(C) of the Act 
and 19 CFR 351.212(b). In accordance with 19 CFR 351.212(b)(1), we have 
calculated importer-specific (or customer-specific) assessment rates 
for merchandise subject to this review.\10\ For these final results, we 
divided the total dumping margins (calculated as the difference between 
NV and export price) for Chengen's importers or customers by the total 
sales quantity associated with those transactions. Where an importer-

[[Page 77159]]

specific ad valorem or per-unit assessment rate is not zero or de 
minimis, Commerce will instruct CBP to collect the appropriate duties 
at the time of liquidation. Where either the respondent's weighted-
average dumping margin is zero or de minimis, or an importer-specific 
ad valorem or per-unit assessment rate is zero or de minimis, Commerce 
will instruct CBP to liquidate appropriate entries without regard to AD 
duties.\11\ We intend to instruct CBP to take into account the 
``provisional measures deposit cap,'' in accordance with 19 CFR 
351.212(d).
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    \10\ See Antidumping Proceedings: Calculation of the Weighted 
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification).
    \11\ Id., 77 FR at 8103.
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    Pursuant to Commerce's practice, for entries that were not reported 
in the U.S. sales data submitted by Chengen during this review, 
Commerce will instruct CBP to liquidate such entries at the rate for 
the China-wide entity.\12\
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    \12\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
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    For the respondents that were not selected for individual 
examination in this administrative review and that qualified for a 
separate rate, the assessment rate will be equal to the weighted-
average dumping margin determined for Chengen in these final results of 
review, identified above. We will also instruct CBP to take into 
account the ``provisional measures deposit cap'' in accordance with 19 
CFR 351.212(d).
    For the seven exporters found not to qualify for separate rates 
that are being treated as part of the China-wide entity, we will 
instruct CBP to apply an ad valorem assessment rate of 183.36 percent, 
the current rate established for the China-wide entity, to all entries 
of subject merchandise during the POR which were exported by those 
companies.
    Commerce intends to issue assessment instructions to CBP 15 days 
after the date of publication of the final results of this review in 
the Federal Register.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review, as provided by section 751(a)(2)(C) of 
the Act: (1) The cash deposit rate for Chengen and other exporters that 
have been found eligible for a separate rate in this review will be 
equal to the dumping margin established for Chengen in these final 
results of review; (2) for previously investigated or reviewed Chinese 
and non-Chinese exporters not listed above that have received a 
separate rate in a prior segment of this proceeding, the cash deposit 
rate will continue to be the existing exporter-specific cash deposit 
rate published for the completed segment of the most recent period; (3) 
for all Chinese exporters of subject merchandise that have not been 
found to be entitled to a separate rate, the cash deposit rate will 
continue to be 183.36 percent, the China-wide rate determined in the 
less-than-fair-value investigation; (4) for all non-Chinese exporters 
of subject merchandise that have not received their own separate rate, 
the cash deposit rate will be the rate applicable to the Chinese 
exporter that supplied that non-Chinese exporter. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    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 duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the 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 the 
term of an APO is a violation subject sanction.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.221(b)(5).

    Dated: November 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Should Postpone the Final Results 
Until It Is Able To Conduct Verification
    Comment 2: Whether Commerce Should Apply the Intermediate Input 
Methodology
    Comment 3: Surrogate Financial Ratios
    Comment 4: Separate Rate
    Comment 5: Surrogate Values (SVs)
    A. SV for Logs
    B. SV for Formaldehyde
    C. SV for Labor
VI. Recommendation

Appendix II--List of Companies Not Receiving Separate Rate Status

1. Jiangsu Sunwell Cabinetry Co., Ltd.
2. Linyi Bomei Furniture Co., Ltd.
3. Linyi Dahua Wood Co., Ltd.
4. Pingyi Jinniu Wood Co., Ltd.
5. SAICG International Trading Co., Ltd.
6. Shandong Jinhua International Trading Co., Ltd.
7. Xuzhou Amish Import & Export Co., Ltd.

[FR Doc. 2020-26495 Filed 11-30-20; 8:45 am]
BILLING CODE 3510-DS-P
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