[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76729-76732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24602]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-106]


Wooden Cabinet and Vanities and Components Thereof From the 
People's Republic of China: Final Results and Final Determination of No 
Shipments of the Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Fujian Dushi Wooden Industry Co., Ltd. (Dushi) and The Ancientree 
Cabinet Co., Ltd. (Ancientree) made sales of wooden cabinets and 
vanities and components thereof (cabinets) at prices below normal value 
and eight companies had no shipments of subject merchandise during the 
period of review (POR) April 1, 2021, through March 31, 2022.

DATES: Applicable November 7, 2023.

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

    On May 5, 2023, Commerce published in the Federal Register the 
Preliminary Results of the antidumping duty administrative review and 
invited interested parties to comment.\1\ For a complete description of 
the events that occurred since Commerce published the Preliminary 
Results, see the Issues and Decision Memorandum.\2\ On August 14, 2023, 
we extended the deadline for these final results to November 1, 
2023.\3\ Commerce conducted this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Wooden Cabinets and Vanities and Components Thereof from 
the People's Republic of China: Preliminary Results, Preliminary 
Determination of No Shipments, and Partial Recission of the 
Antidumping Duty Administrative Review; 2021-2022, 88 FR 29086 (May 
5, 2023) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review of 
Wooden Cabinets and Vanities and Components Thereof from the 
People's Republic of China; 2021-2022,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decision Memorandum).
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated August 14, 2023.

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[[Page 76730]]

Scope of the Order <SUP>4</SUP>
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    \4\ 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).
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    The products covered by this Order are wooden cabinets and vanities 
that are for permanent installation (including floor mounted, wall 
mounted, ceiling hung or by attachment of plumbing), and wooden 
components thereof. For full description of the scope of the Order, see 
the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the parties' briefs are addressed in the 
Issues and Decision Memorandum. A list of the issues addressed is 
included as Appendix I to this notice. 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes from the Preliminary Results

    Based on our analysis of the comments received, Commerce made 
certain revisions to the calculations of the preliminary weighted-
average dumping margins assigned to Ancientree and Dushi, and the non-
examined separate rate respondents. Commerce is also assigning separate 
rates to Suzhou Siemo Wood Import & Export Co., Ltd. (Siemo) and 
Jiangsu Weisen Houseware Co., Ltd. (Jiangsu Weisen). Regarding Siemo, 
we are accepting its separate rate certification because it has a 
suspended entry of subject merchandise that entered the United States 
during the POR. Regarding Jiangsu Weisen, we find that the entries 
associated with Weisen Housewares Co., Ltd. (Weisen) are entries of 
subject merchandise applicable to Jiangsu Weisen. Further, based on 
information on the record, we are now considering Weisen to be the same 
entity as Jiangsu Weisen. As a result, we are assigning Jiangsu Weisen 
a separate rate and no longer consider Weisen to be part of the China-
wide entity. The Issues and Decision Memorandum contains a more 
detailed discussion of these revisions.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that certain 
companies did not have shipments of subject merchandise during the 
POR.\5\ As we received no information to contradict our preliminary 
determination with respect to those companies, we continue to find that 
they made no shipments of subject merchandise to the United States 
during the POR. Additionally, we find that Siemo had shipments of 
subject merchandise during the POR and, therefore, are granting Siemo a 
separate rate in this administrative review.\6\ Accordingly, we will 
issue appropriate instructions that are consistent with our ``automatic 
assessment'' clarification for the no shipment companies listed in 
Appendix II.\7\
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    \5\ See Preliminary Results, 88 FR at 29087.
    \6\ See Issues and Decision Memorandum at Comment 8.
    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Notice).
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Rates for Non-Examined Separate Rate Respondents

    Commerce determines that 25 companies, not individually examined, 
are eligible for separate rates in this administrative review.\8\ The 
Act and Commerce's regulations do not address the establishment of a 
separate rate to be applied to companies not selected for individual 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in an investigation, for guidance when 
calculating the rate for separate rate respondents which Commerce did 
not examine individually in an administrative review. Section 
735(c)(5)(A) of the Act states that the all-others rate should be 
calculated by averaging the weighted-average dumping margins calculated 
for individually-examined respondents, excluding dumping margins that 
are zero, de minimis, or based entirely on facts available. 
Accordingly, in the final results of review, we are assigning to the 
non-selected separate rate respondents an estimated weighted-average 
dumping margin based on the average of Ancientree's and Dushi's rates 
weighted by their publicly available ranged U.S. sales values.\9\
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    \8\ See Appendix II.
    \9\ As explained in the Issues and Decision Memorandum, because 
there are only two relevant weighted-average dumping margins for 
these preliminary results, using a weighted average of these two 
rates risks disclosure of business proprietary information (BPI) 
data.
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China-Wide Entity

    Commerce considers all other companies, listed in Appendix II of 
this notice, for which a review was requested, and which did not 
demonstrate separate rate eligibility, to be part of the China-wide 
entity.

Final Results of Administrative Review

    Commerce determines that the following weighted-average dumping 
margin exists for the administrative review covering the period April 
1, 2021, through March 31, 2022:
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    \10\ See Appendix II.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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Fujian Dushi Wooden Industry Co., Ltd.......................       43.40
The Ancientree Cabinet Co., Ltd.............................        8.26
Non-Selected Companies Under Review Receiving a Separate           12.03
 Rate \10\..................................................
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Disclosure

    Pursuant to 19 CFR 351.224(b), within five days of the publication 
of this notice in the Federal Register, we will disclose to the parties 
to this proceeding, the calculations that we performed for these final 
results of review.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce intends to determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with these final results of review. 
Pursuant to 19 CFR 351.212(b)(1), for Ancientree and Dushi, because we 
do not have entered values for all U.S. sales to a particular importer 
(or customer), Commerce calculated importer-specific per-unit 
assessment rates by dividing the total amount of dumping for reviewed 
sales of subject merchandise to that importer by the total quantity 
sold to that importer. Where an importer-specific per-unit assessment 
rate is zero or de minimis (i.e., less than 0.5 percent), Commerce will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\11\
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    \11\ See 19 CFR 351.106(c)(2).
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    For all non-selected separate rate applicants subject to this 
review, we will instruct CBP to liquidate all entries of subject 
merchandise that entered the United States during the POR at the 
weighted-average of the rates calculated

[[Page 76731]]

for Ancientree and Dushi, as listed above. For entries of subject 
merchandise during the POR produced by Ancientree and Dushi for which 
they did not know their merchandise was destined for the United States, 
we intend to instruct CBP to liquidate such entries at the China-wide 
rate if there is no rate for the intermediate company or companies 
involved in the transaction.
    Consistent with Commerce's assessment practice in non-market 
economy cases, for the companies which Commerce determined had no 
shipments of the subject merchandise, any suspended entries made under 
those exporters' case numbers (i.e., at the exporters' rates) will be 
liquidated at the China-wide rate.\12\
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    \12\ For a full discussion of this practice, see Assessment 
Notice.
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of 
review 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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the 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 the companies 
subject to this review will be the rate established in these final 
results of the review; (2) for previously investigated or reviewed 
Chinese and non-Chinese exporters not listed above that have separate 
rates, the cash deposit rate will continue to be the exporter-specific 
rate published for the most recently completed segment of this 
proceeding in which they were reviewed; (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 be equal to the weighted-
average dumping margin for the China-wide entity (i.e., 251.64 
percent); and (4) for all non-Chinese exporters of subject merchandise 
which have not received their own separate rate, the cash deposit rate 
will be the rate applicable to the Chinese exporter(s) that supplied 
that non- Chinese exporter.\13\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \13\ See Order, 85 FR at 22126.
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Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 occurred and 
the subsequent assessment of double antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of 
countervailing duties.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (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 BPI 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 sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these final results of review in 
accordance with sections 751(a)(l), 751(a)(2)(B), and 777(i) of the 
Act.

    Dated: November 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes from the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Should Apply Total Adverse Facts 
Available (AFA) to Ancientree
    Comment 2: Whether Commerce Should Select Malayasia as the 
Primary Surrogate Country (SC)
    Comment 3: Whether Commerce Should Revise the Respondents' Sigma 
Freight Calculations
    Comment 4: Whether Commerce Should Revise Certain Surrogate 
Values (SV)
    Comment 5: Whether Commerce Should Exclude Russian Non-Market 
Economy (NME) Imports into Bulgaria
    Comment 6: Whether Commerce Should Revise the Respondents' Wood 
Density Values
    Comment 7: Whether Commerce Should Assign Jiangsu Wisen 
Houseware Co., Ltd. (Jinagsu Wiesen) and Weisen Houseware Co., Ltd. 
(Weisen), a Separate Rate
    Comment 8: Whether Commerce Should Accept Suzhou Siemo Wood 
Import & Export Co., Ltd.'s (Siemo) No Shipment Certification
    Comment 9: Whether Commerce Should Clarify its No Shipment 
Policy
VI. Recommendation

Appendix II

No Shipment Companies

1. Dalian Hualing Wood Co., Ltd.
2. Dalian Meisen Woodworking Co., Ltd.
3. Guangzhou Nuolande Import and Export Co., Ltd.
4. Hangzhou Hoca Kitchen & Bath Products Co., Ltd.
5. Linyi Kaipu Furniture Co., Ltd.
6. Senke Manufacturing Company
7. Shandong Longsen Woods Co., Ltd.
8. Shouguang Fushi Wood Co., Ltd.

Non-Selected Companies Under Review Receiving a Separate Rate

1. Anhui Xinyuanda Cupboard Co., Ltd.
2. Dongguan Ri Sheng Home Furnishing Articles Co., Ltd.
3. Goldenhome Living Co., Ltd.
4. Jiang Su Rongxin Wood Industry Co., Ltd. (Formerly known as Jiang 
Su Rongxin Cabinets Ltd.)
5. Jiangsu Sunwell Cabinetry Co., Ltd.
6. Jiangsu Weisen Houseware Co., Ltd; Weisen Houseware Co., Ltd.
7. KM Cabinetry Co., Ltd.
8. Kunshan Baiyulan Furniture Co., Ltd.
9. Morewood Cabinetry Co., Ltd.
10. Nantong Aershin Cabinets Co., Ltd.
11. Quanzhou Ample Furnishings Co., Ltd.
12. Qufu Xinyu Furniture Co., Ltd.
13. Shanghai Beautystar Cabinetry Co., Ltd.
14. Shanghai Zifeng International Trading Co., Ltd.
15. Sheen Lead International Trading (Shanghai) Co., Ltd.
16. Suzhou Siemo Wood Import & Export Co., Ltd.
17. Taishan Oversea Trading Co., Ltd.
18. Taizhou Overseas Int'l Ltd.
19. Tech Forest Cabinetry Co., Ltd.
20. Weifang Fuxing Wood Co., Ltd.
21. Xiamen Adler Cabinetry Co., Ltd.
22. Yichun Dongmeng Wood Co., Ltd.
23. Yixing Pengjia Technology Co., Ltd. (Formerly known as Yixing 
Pengjia Cabinetry Co., Ltd.)
24. Zhangzhou OCA Furniture Co., Ltd.
25. Zhoushan For-strong Wood Co., Ltd.

Companies Considered To Be Part of the China-Wide Entity

1. Deqing Meisheng Import and Export Co., Ltd.
2. Fujian Senyi Kitchen Cabinet Co., Ltd.
3. Fuzhou Hauster Kitchen Cabinet Manufacturing Co., Ltd.
4. Fuzhou Pyrashine Trading Co., Ltd.
5. Jiang Su Rongxin Import and Export Co., Ltd.

[[Page 76732]]

6. Linshu Meibang Furniture Co., Ltd.
7. Shanghai Zifeng Industries Development Co., Ltd.
8. Shenzhen Pengchengzhirong Trade Co., Ltd.
9. Weihai Jarlin Cabinetry Manufacture Co., Ltd.
10. Xiamen Got Cheer Co., Ltd.
11. Yindu Kitchen Equipment Co., Ltd.
12. Zaozhuang New Sharp Import & Export Trading Co., Ltd.
13. ZBOM Cabinets Co., Ltd.
14. Zhongshan KM Cabinetry Co., Ltd.

[FR Doc. 2023-24602 Filed 11-6-23; 8:45 am]
BILLING CODE 3510-DS-P