[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Pages 60643-60644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19043]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-051, C-570-052]


Certain Hardwood Plywood Products From the People's Republic of 
China: Notice of Court Decision Not in Harmony With the Results of 
Antidumping and Countervailing Duty Scope Ruling; Notice of Amended 
Final Results

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

SUMMARY: On August 22, 2023, the U.S. Court of International Trade 
(CIT) issued its final judgment in Far East American, Inc., et al., v. 
United States, Consol. Court no. 22-00049 (Far Eastern), sustaining the 
U.S. Department of Commerce (Commerce)'s first remand results of 
redetermination pertaining to the final scope ruling for the 
antidumping and countervailing duty orders on certain hardwood plywood 
products (hardwood plywood) from the People's Republic of China 
(China). In the underlying ruling, Commerce determined that hardwood 
plywood exported into the United States by Vietnam Finewood Company 
Limited (Finewood) that was produced using two-ply panels imported into 
Vietnam from China was included in the scope of the orders. Commerce is 
notifying the public that the CIT's final judgment is not in harmony 
with Commerce's final scope ruling on Finewood's two-ply panels from 
China and is amending its final scope ruling.

DATES: Applicable September 1, 2023.

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) 482-2953.

SUPPLEMENTARY INFORMATION:

Background

    In response to a U.S. Customs and Border Protection (CBP) covered 
merchandise referral,\1\ on January 21, 2022, Commerce issued its Final 
Scope Ruling addressing Finewood's two-ply panels imported from China 
and whether they are covered by the antidumping and countervailing duty 
orders on hardwood plywood from China.\2\ Commerce found that the plain 
language of the scope of the Orders was ambiguous with respect to the 
definition of ``certain veneered panels,'' and, thus, Commerce turned 
to the sources in 19 CFR 351.225(k)(1) and found those sources 
indicated that hardwood plywood exported to the United States by 
Finewood that was produced using two-ply panels imported into Vietnam 
from China were covered by the scope of the Orders.\3\
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    \1\ See Certain Hardwood Plywood from the People's Republic of 
China: Notice of Covered Merchandise Referral and Initiation of 
Scope Inquiry, 85 FR 3024 (January 17, 2020).
    \2\ See Memorandum, ``Antidumping Duty and Countervailing Duty 
Orders on Certain Hardwood Plywood Products from the People's 
Republic of China, Enforcement and Protect Act (EAPA) Investigation 
No. 7252: Final Scope Ruling,'' dated January 21, 2022 (Final Scope 
Ruling); see also 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); and Certain Hardwood Plywood Products from the People's 
Republic of China: Countervailing Duty Order, 83 FR 513 (January 4, 
2018) (collectively, the Orders).
    \3\ See Final Scope Ruling at 10-20.
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    Finewood, Far East American, Inc., Liberty Woods International, 
Inc., and Consolidated Plaintiff InterGlobal Forest, LLC, appealed 
Commerce's Final Scope Ruling. On April 20, 2023, the CIT remanded the 
Final Scope Ruling to Commerce, holding that the scope language, when 
read together with the 19 CFR 351.225(k)(1) sources, unambiguously 
establishes that the Orders do not include Chinese two-ply

[[Page 60644]]

panels.\4\ Therefore, the CIT remanded Commerce's determination to 
Commerce with the instruction that Commerce issue a scope ruling 
concerning Finewood's two-ply panels that is consistent with the 
unambiguous meaning of the Orders.\5\
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    \4\ See Vietnam Finewood Co. v. United States, 633 F. Supp. 3d 
1243, 1255 (CIT 2023).
    \5\ Id., 633 F. Supp. 3d at 1265.
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    In its final remand redetermination, issued in June 2023, Commerce 
adopted the CIT's interpretation of the scope of the Orders and 
determined that hardwood plywood exported to the United States by 
Finewood that was produced using two-ply panels imported into Vietnam 
from China is not subject to the scope of the Orders.\6\ The CIT 
sustained Commerce's final redetermination.\7\
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    \6\ See Final Results of Redetermination Pursuant to Court 
Remand, Vietnam Finewood Company Limited, et al., v. United States, 
Consol. Court No. 22-00049, Slip-Op. 23-58, dated June 16, 2023 
(Final Results) at 5.
    \7\ See Far East American, Inc. et al. v. United States, Consol. 
Court No. 22-00049, Slip Op. 23-122 (CIT August 22, 2023).
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Timken Notice

    In its decision in Timken,\8\ as clarified by Diamond Sawblades,\9\ 
the Court of Appeals for the Federal Circuit held that, pursuant to 
sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the 
Act), Commerce must publish a notice of court decision that is not ``in 
harmony'' with a Commerce determination and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The CIT's August 22, 
2023, judgment constitutes a final decision of the CIT that is not in 
harmony with Commerce's Final Scope Ruling. Thus, this notice is 
published in fulfillment of the publication requirements of Timken.
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    \8\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \9\ See Diamond Sawblades Manufacturers Coalition v. United 
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Scope Ruling

    Because there is now a final court judgment, Commerce is amending 
its Final Scope Ruling to find that hardwood plywood exported to the 
United States by Finewood that was produced using two-ply panels 
imported into Vietnam from China is not subject to the scope of the 
Orders.

Liquidation of Suspended Entries

    Commerce will instruct CBP that, pending any appeals, the cash 
deposit rate will be zero percent for merchandise subject to the scope 
ruling. In the event that the CIT's final judgment is not appealed or 
is upheld on appeal, Commerce will notify CBP of our amended scope 
ruling in response to its covered merchandise referral and will 
instruct CBP to liquidate any unliquidated entries of hardwood plywood 
exported to the United States by Finewood that was produced using two-
ply panels imported into Vietnam from China without regard to 
antidumping and countervailing duties and to lift suspension of 
liquidation of such entries.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c) and (e) and 777(i)(1) of the Act.

    Dated: August 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-19043 Filed 9-1-23; 8:45 am]
BILLING CODE 3510-DS-P