[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77162-77163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26479]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-106]


Wooden Cabinets and Vanities and Components Thereof From the 
People's Republic of China: Initiation of Antidumping Duty New Shipper 
Review

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

SUMMARY: The Department of Commerce (Commerce) has determined that a 
request for a new shipper review (NSR) of the antidumping duty order on 
wooden cabinets and vanities and components thereof (wooden cabinets 
and vanities) from the People's Republic of China (China) meets the 
statutory and regulatory requirements for initiation. The period of 
review (POR) for the NSR is April 1, 2020 through September 30, 2020.

DATES: Effective December 1, 2020.

FOR FURTHER INFORMATION CONTACT: Jacob Keller, AD/CVD Operations Office 
I, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; Telephone: (202) 482-4849.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Order on wooden cabinets and vanities on 
April 21, 2020.\1\ On October 30, 2020, pursuant to section 
751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.214(c), Commerce received a timely NSR request from Dalin 
Hualing Wood Co., Ltd. (Hualing).\2\
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    \1\ See Wooden Cabinets and Vanities and Components Thereof from 
the People's Republic of China: Antidumping Duty Order, 85 FR 22126 
(April 21, 2020) (Order).
    \2\ See Hualing's Letter, ``Request for Initiation of a New 
Shipper Review of the Antidumping Duty Order on Wooden Cabinets and 
Vanities and Components Thereof from the People's Republic of China 
(A-570-106),'' dated October 30, 2020 (NSR Request).
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    In its submission, Hualing certified that it is the exporter of the 
subject merchandise subject to this NSR request.\3\ Pursuant to section 
751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(ii)(A), Hualing 
certified that it did not export wooden cabinets and vanities to the 
United States during the period of investigation (POI).\4\ 
Additionally, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 
CFR 351.214(b)(2)(iii)(A), Hualing certified that, since the initiation 
of the investigation, it has not been affiliated with any producer or 
exporter that exported wooden cabinets and vanities to the United 
States during the POI, including those not individually examined during 
the investigation.\5\ As required by 19 CFR 351.214(b)(2)(iii)(B), 
Hualing also certified that its export activities are not controlled by 
the central government of China.\6\ Further, Hualing stated that it has 
not made subsequent shipments of subject merchandise during the POR.\7\
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    \3\ Id. at Exhibit 1.
    \4\ Id.
    \5\ Id.
    \6\ Id.
    \7\ Id.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Hualing submitted documentation establishing the 
following: (1) The date on which it first shipped subject merchandise 
for export to the United States; (2) the volume of its first shipment; 
and (3) the date of its first sale to an unaffiliated customer in the 
United States.\8\
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    \8\ Id. at Exhibit 2.
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    Commerce conducted a query of U.S. Customs and Border Protection 
(CBP) data and confirmed that Hualing's subject merchandise entered the 
United States for consumption and that liquidation of such entries had 
been properly suspended for antidumping duties. The CBP data that 
Commerce examined are consistent with information provided by Hualing 
in its NSR request. In particular, the CBP data confirm the price and 
quantity reported by Hualing for the sale that forms the basis of its 
NSR request. \9\
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    \9\ Id.; see also Memorandum, ``Wooden Cabinets and Vanities and 
Components Thereof from the People's Republic of China: Initiation 
Checklist for Antidumping Duty New Shipper Review of Dalian Hualing 
Wood Co., Ltd.\,\'' dated concurrently with this notice.
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Period of Review

    In accordance with 19 CFR 351.214(g)(1)(i)(B), the POR for an NSR 
initiated in the month immediately following the semiannual anniversary 
month will be the six-month period immediately preceding the semiannual 
anniversary month. Therefore, the POR for this NSR is April 1, 2020, 
through September 30, 2020.

Initiation of NSR

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
and based on the information on the record, we find that Hualing's NSR 
request meets the threshold requirements for initiation of an NSR of 
its shipment(s) of wooden cabinets and vanities to the United 
States.\10\ However, if the information supplied by Hualing is later 
found to be incorrect or insufficient during the course of this NSR, 
Commerce may rescind the review or apply adverse facts available, 
pursuant to section 776 of the Act, as appropriate. Pursuant to 19 CFR 
351.221(c)(1)(i), Commerce will publish the notice of initiation of an 
NSR no later than the last day of the month following the anniversary 
or semiannual anniversary month of the order. Commerce intends to issue 
the preliminary results of this review no later than 180 days from the 
date of initiation, and the final results of this review no later than 
90 days after the date the preliminary results are issued.\11\
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    \10\ See generally NSR Request.
    \11\ See section 751(a)(2)(B)(iii) of the Act.
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    It is Commerce's practice in cases involving non-market economies 
to require that a company seeking to establish eligibility for an 
antidumping duty rate separate from the country-wide rate (i.e., 
separate rate) provide evidence of de jure and de facto absence of 
government control over the company's export activities.\12\

[[Page 77163]]

Accordingly, Commerce will issue questionnaires to Hualing requesting, 
inter alia, information regarding its export activities for the purpose 
of determining whether it is eligible for a separate rate. The review 
of the exporter will proceed if the response provides sufficient 
indication that the exporter is not subject to either de jure or de 
facto government control with respect to its exports of wooden cabinets 
and vanities.
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    \12\ See Policy Bulletin 05.1, ``Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigations 
Involving Non-Market Economy Countries,'' available at http://ia.ita.doc.gov/policy/bull05-l.pdf.
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    We intend to conduct this NSR in accordance with section 
751(a)(2)(B) of the Act.\13\ Because Hualing certified that it exported 
subject merchandise, the sale of which is the basis for its NSR 
request, Commerce will instruct CBP to continue to suspend liquidation 
of all entries of subject merchandise exported by Hualing. To assist in 
its analysis of the bona fide nature of Hualing's sale(s), upon 
initiation of this NSR, Commerce will require Hualing to submit, on an 
ongoing basis, complete transaction information concerning any sales of 
subject merchandise to the United States that were made subsequent to 
the POR.
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    \13\ The Act was amended by the Trade Facilitation and Trade 
Enforcement Act of 2015 which removed from section 751(a)(2)(B) of 
the Act the provision directing Commerce to instruct CBP to allow an 
importer the option of posting a bond or security in lieu of a cash 
deposit during the pendency of an NSR.
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    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order in accordance with 19 CFR 351.305 and 351.306. This 
initiation notice is published in accordance with section 751(a)(2)(B) 
of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: November 25, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2020-26479 Filed 11-30-20; 8:45 am]
BILLING CODE 3510-DS-P