[Federal Register Volume 89, Number 218 (Tuesday, November 12, 2024)]
[Notices]
[Pages 88962-88964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26175]



[[Page 88962]]

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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 of Countervailing Duty 
Administrative Review; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain producers and exporters of wooden cabinets and vanities and 
components thereof (wooden cabinets) from the People's Republic of 
China (China) received countervailable subsidies during the period of 
review (POR) January 1, 2022, through December 31, 2022.

DATES: Applicable November 12, 2024.

FOR FURTHER INFORMATION CONTACT: Michael Romani or Suresh Maniam, 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) 
482-1603, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2024, Commerce published the Preliminary Results of this 
administrative review in the Federal Register and invited comments from 
interested parties.\1\ For a complete description of the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\2\ Commerce conducted this review in accordance with 
section 751(a)(1)(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 and Partial 
Rescission of Countervailing Duty Administrative Review; 2022, 89 FR 
35782 (May 2, 2024) (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; 2022,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order

    The products covered by the Order are wooden cabinets from China. 
For a full description of the scope of the order, see 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. 
The topics discussed and the issues raised by parties to which we 
responded in the Issues and Decision Memorandum are listed 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 received from interested parties, 
we made changes to the net countervailable subsidy rates for The 
Ancientree Cabinet Co., Ltd. (Ancientree) and Yixing Pengjia Cabinetry 
Co., Ltd. (Pengjia). For a discussion of these changes, see the Issues 
and Decision Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) the Act. For each of the subsidy programs found to 
be countervailable, we determine 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.\3\ In making this 
final determination, Commerce relied, in part, on facts otherwise 
available, including with an adverse inference, pursuant to sections 
776(a) and (b) of the Act. For a full description of the methodology 
underlying all of Commerce's conclusions, see the Issues and Decision 
Memorandum.
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    \3\ 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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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 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 seven 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 Ancientree and Pengjia 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 Ancientree and Pengjia, which we calculated using the publicly-
ranged sales data submitted by Ancientree and Pengjia.\4\
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    \4\ 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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Final Results of Administrative Review

    Commerce determines that the following net countervailable subsidy 
rates exist for the period January 1, 2022, through December 31, 2022:
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    \5\ This company was formerly known as Yixing Pengjia Cabinetry 
Co., Ltd. See Pengjia's Letter ``Section III,'' dated January 4, 
2024, at 2 and Exhibit 5.1.
    \6\ Commerce previously found Shanghai Beautystar Cabinetry Co., 
Ltd. to be a cross-owned affiliate with Jiangsu Sunwell Cabinetry Co 
Ltd. 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), and accompanying Preliminary Decision 
Memorandum at 33, unchanged in 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, 88 FR 76732 (November 7, 2023).
    \7\ This rate is based on the rate for the respondents that were 
selected for individual review, excluding rates that are zero, de 
minimis, or based entirely on facts available. See section 
705(c)(5)(A) of the Act.

[[Page 88963]]



------------------------------------------------------------------------
                                                  Subsidy rate  (percent
               Producer/exporter                       ad valorem)
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The Ancientree Cabinet Co., Ltd................                    11.99
Yixing Pengjia Technology Co., Ltd \5\.........                     0.92
Jiangsu Sunwell Cabinetry Co Ltd \6\...........                   163.46
Taizhou Overseas Trading Company Ltd...........                   163.46
Taishan Oversea Trading Company Ltd............                   163.46
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 Review-Specific Average Rate Applicable to the Following Companies \7\
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Fujian Dushi Wooden Industry Co., Ltd..........                    10.92
Fuzhou CBM Import & Export Co., Ltd............                    10.92
KM Cabinetry Co., Ltd..........................                    10.92
Nantong Aershin Cabinet Co., Ltd...............                    10.92
Shouguang Fushi Wood Co., Ltd..................                    10.92
Weifang Fuxing Wood Co., Ltd...................                    10.92
Xiamen Adler Cabinetry Co., Ltd................                    10.92
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Disclosure

    Commerce intends to disclose the calculations and analysis 
performed for these final results of review within five days of the 
date of publication of this notice in the Federal Register, in 
accordance with 19 CFR 351.224(b).

Assessment

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries covered by this review. 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) and (a)(2)(C) of the Act, 
Commerce also intends to instruct CBP to collect cash deposits of 
estimated countervailing duties in the amounts shown above for the 
companies listed above for 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, when imposed, shall remain in effect 
until further notice.

Certification

    Following the publication of this notice, the importer, or the 
importer's agent, must continue to submit any required certifications 
to CBP as part of the entry process by uploading them into the document 
imaging system in CBP's Automated Commercial Environment at the time of 
entry summary filing. Consistent with CBP's procedures, importers shall 
also identify entries required to have certifications by using 
importers' additional declaration (record 54) AD/CVD Certification 
Designation (type code 06) when filing entry summary.\8\
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    \8\ See Cargo System Messaging Service #59384253, dated 02/12/
2024; see also Announcing an Importer's Additional Declaration in 
the Automated Commercial Environment Specific to Antidumping/
Countervailing Duty Certifications, 89 FR 7372 (February 2, 2024).
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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 destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 violation 
subject to sanction.

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 and 19 CFR 351.221(b)(5).

    Dated: November 5, 2024.
Abdelali Elouaradia,
Deputy 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. Non-Selected Companies Under Review
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VII. Analysis of Programs
VIII. Discussion of Issues
    Comment 1: Whether Commerce Should Calculate a Land Purchase 
Benefit for Jiangsu Yunru
    Comment 2: Whether Commerce Should Apply Adverse Facts Available 
(AFA) to the Export Buyer's Credit (EBC) Program for Ancientree
    Comment 3: Whether Commerce Should Revise the Calculation of the 
Benchmark Interest Applied to Ancientree's Policy Loans
    Comment 4: Whether Commerce should Rely on Freightos Data in its 
Ocean Freight Benchmarks
    Comment 5: Whether Commerce should Exclude Pengjia's Sales that 
Are Not Related to Productive Activities
    Comment 6: Whether Species Specific Sawnwood Benchmarks are 
Appropriate
    Comment 7: Whether Commerce Should Continue to Countervail the 
Provision of Certain Inputs for LTAR Based on AFA
    Comment 8: Whether Commerce Should Revise the Calculation of the 
Benefit for the Provision of Electricity for LTAR Program for 
Ancientree
    Comment 9: Whether Commerce Should Apply AFA to the Provision of 
Electricity for LTAR
    Comment 10: Whether Commerce Should Apply AFA to the Provision 
of Water for LTAR

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    Comment 11: Whether Income Tax Reductions under Article 28 of 
the Enterprise Income Tax is Specific
    Comment 12: Whether It is Appropriate to Consider Other 
Subsidies
IX. Recommendation

[FR Doc. 2024-26175 Filed 11-8-24; 8:45 am]
BILLING CODE 3510-DS-P