[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76732-76734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24582]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-107]


Wooden Cabinets and Vanities and Components Thereof From the 
People's Republic of China: Final Results and Partial Recission of 
Countervailing Duty Administrative Review; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies were provided to certain producers and 
exporters of wooden cabinets and vanities and components thereof 
(wooden cabinets) from the People's Republic of China (China) during 
the period of review (POR) January 1, 2021, through December 31, 2021. 
Commerce is also rescinding the review with respect to five companies.

DATES: Applicable November 7, 2023.

FOR FURTHER INFORMATION CONTACT: Michael Romani or Richard Roberts, 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) 482-0198 or (202) 
482-3464, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Results of this administrative 
review in the Federal Register on May 5, 2023, and invited interested 
parties to comment.\1\ For a complete description of the events that 
occurred subsequent to the Preliminary Results, see the Issues and 
Decision Memorandum.\2\
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    \1\ See Wooden Cabinets and Vanities and Components Thereof from 
the People's Republic of China: Preliminary Results of 
Countervailing Duty Administrative Review, Rescission of 
Administrative Review in Part, and Intent To Rescind in Part; 2021, 
88 FR 29084 (May 5, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Wooden Cabinets and Vanities and Components Thereof from the 
People's Republic of China; 2021,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>3</SUP>
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    \3\ See Certain Corrosion Inhibitors from the People's Republic 
of China: Antidumping Duty and Countervailing Duty Orders, 86 FR 
14869 (March 19, 2021) (Order).
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    The products covered by the scope of the Order are wooden cabinets 
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 by the interested parties in their case and 
rebuttal briefs are addressed in the Issues and Decision Memorandum. A 
list of topics discussed in the Issues and Decision Memorandum is 
provided in the appendix 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 Since the Preliminary Results

    Based on our analysis of comments from interested parties and the 
evidence on the record, we revised the calculation of the net 
countervailable subsidy rates for Fujian Dushi Wooden Industry Co. 
(Dushi) and Jiangsu Sunwell Cabinetry Co., Ltd. (Sunwell). For a 
discussion of the issues, see the Issues and Decision Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For each of the subsidy programs found to be countervailable, we find 
that there is a subsidy, i.e., a government-provided financial 
contribution that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\4\ For a complete description of the 
methodology underlying all of Commerce's conclusions, including our 
reliance, in part, on facts otherwise available, including adverse 
facts available, pursuant to sections 776(a) and (b) of the Act, see 
the Issues and Decision Memorandum.
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    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Partial Rescission of Review

    Commerce's practice is to rescind an administrative review of a 
countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there 
are no reviewable entries of subject merchandise during the POR for 
which liquidation is suspended.\5\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the 
countervailing duty assessment rate calculated for the review 
period.\6\ Therefore, for an administrative review of a company to be 
conducted, there must be a reviewable, suspended entry that Commerce 
can instruct U.S. Customs and Border Protection (CBP) to liquidate at 
the calculated countervailing duty assessment rate calculated for the 
review period.\7\
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    \5\ See, e.g., Lightweight Thermal Paper from the People's 
Republic of China: Notice of Rescission of Countervailing Duty 
Administrative Review; 2015, 82 FR 14349 (March 20, 2017); and 
Circular Welded Carbon Quality Steel Pipe from the People's Republic 
of China: Rescission of Countervailing Duty Administrative Review; 
2017, 84 FR 14650 (April 11, 2019).
    \6\ See 19 CFR 351.212(b)(2).
    \7\ See 19 CFR 351.213(d)(3).
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    We find five companies subject to this review: (1) Shouguang Fushi 
Wood Co., Ltd..; (2) Taizhou Overseas Int'l Ltd.; (3) Yixing Pengjia 
Technology Co., Ltd.; (4) Zaozhuang New Sharp Import & Export Trading 
Co., Ltd..; and (5) Zhoushan For-strong Wood Co., Ltd. did not have 
reviewable entries of subject merchandise for which liquidation is 
suspended. Because there is no evidence on the record that these five 
companies had entries, exports, or sales of subject merchandise during 
the POR, we are rescinding this review with respect to these five 
companies consistent with 19 CFR 351.213(d)(3).

Companies Not Selected for Individual Review

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(e)(2) of the Act. 
However, Commerce normally determines the rates for non-selected 
companies in reviews in a manner that is consistent with section 
705(c)(5) of the Act, which provides the basis for calculating the all-
others rate in an

[[Page 76733]]

investigation. Section 705(c)(5)(A)(i) of the Act instructs Commerce, 
as a general rule, to calculate the all-others rate equal to the 
weighted average of the countervailable subsidy rates established for 
exporters and producers individually investigated, excluding any zero 
or de minimis countervailable subsidy rates, and any rates determined 
entirely on the basis of facts available.
    There are eight companies for which a review was requested and not 
rescinded, and which were not selected as mandatory respondents or 
found to be cross-owned with a mandatory respondent. In this review, 
the rates for Dushi and Sunwell were above de minimis and not based 
entirely on facts available. Therefore, we are applying to the non-
selected companies the average of the net subsidy rates calculated for 
Dushi and Sunwell, which we calculated using publicly-ranged sales data 
submitted by Dushi and Sunwell.\8\
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    \8\ With two respondents under examination, Commerce normally 
calculates: (A) a weighted-average of the estimated subsidy rates 
calculated for the examined respondents; (B) a simple average of the 
estimated subsidy rates calculated for the examined respondents; and 
(C) a weighted average of the estimated subsidy rates calculated for 
the examined respondents using each company's publicly-ranged U.S. 
sale quantities for the merchandise under consideration. Commerce 
then compares (B) and (C) to (A) and selects the rate closest to (A) 
as the most appropriate rate for all other producers and exporters. 
See, e.g., Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010).
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    This is the same methodology Commerce applied in the Preliminary 
Results for determining a rate for companies not selected for 
individual examination. However, due to changes in the subsidy rate 
calculations for Dushi and Sunwell, we revised the non-selected rate 
accordingly. Consequently, for the eight non-selected companies for 
which a review was requested and not rescinded, we are applying an ad 
valorem subsidy rate of 13.63 percent for 2021.

Final Results of Review

    We determine the following net countervailable subsidy rates exist 
for the period January 1, 2021, through December 31, 2021:

------------------------------------------------------------------------
                                                          Subsidy rate--
                                                           2021 (percent
                         Company                            ad valorem)
 
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Fujian Dushi Wooden Industry Co.........................           16.13
Jiangsu Sunwell Cabinetry Co., Ltd \9\..................            7.54
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 Review-Specific Average Rate Applicable to the Following Companies \10\
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KM Cabinetry Co, Ltd....................................           13.63
Nantong Aershin Cabinet Co., Ltd........................           13.63
Shanghai Zifeng International Trading Co., Ltd \11\.....           13.63
Sheen Lead International Trading (Shanghai) Co., Ltd               13.63
 \12\...................................................
Taishan Oversea Trading Company Ltd.....................           13.63
Weifang Fuxing Wood Co., Ltd............................           13.63
Xiamen Adler Cabinetry Co., Ltd.........................           13.63
Yixing Pengjia Cabinetry Co., Ltd.......................           13.63
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Disclosure

    Commerce intends to disclose calculations and analysis performed 
for the final results of review within five days after the date of 
publication of this notice in the Federal Register in accordance with 
19 CFR 351.224(b).
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    \9\ Commerce finds the following companies to be cross-owned 
with Sunwell: Shanghai Beautystar Cabinetry Co., Ltd.
    \10\ This rate is based on the rate for the respondent that was 
selected for individual review, excluding rates that are zero, de 
minimis, or based entirely on facts available. See section 
735(c)(5)(A) of the Act.
    \11\ See Issues and Decision Memorandum at Comment 1.
    \12\ Id.
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Assessment Requirements

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and CBP shall assess, 
countervailing duties on all appropriate entries covered by this 
review, for the above-listed companies at the applicable ad valorem 
assessment rates listed for the corresponding time periods (i.e., 
January 1, 2021, to December 31, 2021). Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after 
publication of the final results of this 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

    In accordance with section 751(a)(1) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown above for the above-listed 
companies with regard to shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of these final results of review. For all non-reviewed 
firms, we will instruct CBP to continue to collect cash deposits of 
estimated countervailing duties at the all-others rate or the most 
recent company-specific rate applicable to the company, as appropriate. 
These cash deposit requirements, effective upon publication of these 
final results, shall remain in effect until further notice.

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 disposition of proprietary information disclosed under 
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 terms of an APO 
is a sanctionable violation.

Notification to Interested Parties

    The final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213(d)(3), and 
19 CFR 351.221(b)(5).

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

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Non-Selected Rate
VI. Subsidies Valuation
VII. Interest Rate Benchmarks, Input, Electricity, and Land 
Benchmarks
VIII. Use of Facts Otherwise Available and Application of Adverse 
Inferences
IX. Analysis of Programs
X. Discussion of the Issues
    Comment 1: Whether Commerce Should Rescind the Review for Sheen 
Lead International Trading (Shanghai) Co., Ltd. (Sheen Lead) or 
Shanghai Zifeng International Trading Co., Ltd. (Shanghai Zifeng)
    Comment 2: Whether Commerce Should Apply Adverse Facts Available 
(AFA) to the Export Buyer's Credit (EBC) Program

[[Page 76734]]

    Comment 3: Whether Commerce Should Include Petitioner's Density 
Benchmark Data to Measure the Adequacy of Remuneration for the 
Provision of Sawn Wood and Fiberboard
    Comment 4: Whether Commerce Should Apply AFA to the Provision of 
Electricity for Less Than Adequate Remuneration (LTAR)
    Comment 5: Whether Commerce Should Continue to Countervail the 
Provision of Certain Inputs for LTAR Based on AFA
    Comment 6: Whether Commerce Should Use a Free-On-Board (FOB) 
Sales Denominator
    Comment 7: Whether Commerce Should Change Benchmarks Used to 
Measure the Benefit for Certain Policy Loans Received by Fujian 
Dushi Wooden Industry Company (Dushi)
    Comment 8: Whether Commerce Should Calculate All Benefits under 
the Provision of Electricity for LTAR
    Comment 9: Whether Commerce Should Adjust Certain Sales 
Denominators to Conduct the 0.5% Test for ``Other Subsidies'' 
Received by Dushi
    Comment 10: Whether Commerce Should Correct Errors in the 
Calculations Used to Measure the Adequacy of Remuneration from the 
Provision of Certain Inputs
    Comment 11: Whether Commerce Should Adjust the Calculation of 
Benchmark Interest Applied to Jiangsu Sunwell Cabinetry Co., Ltd.'s 
(Sunwell) Loans
    Comment 12: Whether Commerce Should Adjust the Benefit 
Calculation for the Provision of Electricity for LTAR Program for 
Sunwell
XI. Recommendation

[FR Doc. 2023-24582 Filed 11-6-23; 8:45 am]
BILLING CODE 3510-DS-P