[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Notices]
[Pages 27090-27093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09813]


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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: Preliminary Results and Partial Rescission 
of the Antidumping Duty Administrative Review; 2019-2021

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
Qufu Xinyu Furniture Co., Ltd. (Qufu Xinyu), did not make sales of 
subject merchandise at less than normal value (NV) during the period of 
review (POR) October 9, 2019, through March 31, 2021; Shanghai 
Beautystar Cabinetry Co., Ltd. (Beautystar), is part of the China-wide 
entity; and Jiang Su Rongxin Wood Industry Co., Ltd. (Rongxin Wood), is 
the successor-in-interest to Jiangsu Rongxin Cabinets Co., Ltd. 
(Rongxin Cabinets). Commerce is also rescinding the review with respect

[[Page 27091]]

to 40 companies. Interested parties are invited to comment on these 
preliminary results of review.

DATES: Applicable May 6, 2022.

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) 482-4948.

SUPPLEMENTARY INFORMATION:

Background

    On April 21, 2020, the Department of Commerce published in the 
Federal Register the antidumping duty (AD) order on wooden cabinets and 
vanities and components thereof from the People's Republic of China 
(China).\1\ On April 1, 2021, Commerce published in the Federal 
Register a notice of opportunity to request an administrative review of 
the Order.\2\ On June 11, 2021, based on timely requests for an 
administrative review, Commerce initiated the administrative review of 
the Order.\3\ The administrative review covers 66 companies, including 
three mandatory respondents, Beautystar, Qufu Xinyu, and Rongxin 
Cabinets.\4\
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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 Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 86 FR 17137 (April 1, 2021).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 31282, 31296 (June 11, 2021) 
(Initiation Notice).
    \4\ See Memoranda, ``Antidumping Duty Administrative Review of 
Wooden Cabinets and Vanities and Components Thereof from the 
People's Republic of China: Respondent Selection,'' dated August 6, 
2021; ``Antidumping Duty Administrative Review of Wooden Cabinets 
and Vanities and Components Thereof from the People's Republic of 
China: Second Respondent Selection,'' dated September 17, 2021; and 
``Antidumping Duty Administrative Review of Wooden Cabinets and 
Vanities and Components Thereof from the People's Republic of China: 
Third Respondent Selection,'' dated October 20, 2021.
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Scope of the Order

    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. A full description of the scope of the Order is 
provided in the Preliminary Decision Memorandum.\5\
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    \5\ See Memorandum, ``Wooden Cabinets and Vanities and 
Components Thereof from the People's Republic of China: Decision 
Memorandum for Preliminary Results and Partial Rescission of the 
First Antidumping Duty Administrative Review,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Rescission of Review in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party that requested 
a review withdraws its request within 90 days of the date of 
publication of the notice of initiation. The requests for an 
administrative review of the 40 companies listed in Appendix II to this 
notice were withdrawn within 90 days of the date of publication of the 
Initiation Notice.\6\ As a result, Commerce is rescinding this review 
with respect to these companies, in accordance with 19 CFR 
351.213(d)(1).
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    \6\ See Company Letters, ``Wooden Cabinets and Vanities from the 
People's Republic of China: Withdrawal of Request for Administrative 
Review,'' dated June 29, 2021; ``Wooden Cabinets and Vanities and 
Components Thereof from the People's Republic of China--Withdrawal 
of Fujian Senyi's Request for Administrative Review,'' dated July 9, 
2021; ``Wooden Cabinets and Vanities and Components Thereof from the 
People's Republic of China; Withdrawal of Request for Review,'' 
dated July 12, 2021; ``Wooden Cabinets and Vanities from the 
People's Republic of China: Withdrawal of Request for Administrative 
Review,'' dated July 13, 2021; ``Wooden Cabinets and Vanities from 
the People's Republic of China: Withdrawal of Request for 
Administrative Review,'' dated July 21, 2021; ``Wooden Cabinets and 
Vanities and Components Thereof from the People's Republic of 
China--Withdrawal of Request for Administrative Review,'' dated 
August 27, 2021; ``Wooden Cabinets and Vanities from the People's 
Republic of China: Withdrawal of Request for Administrative 
Review,'' dated August 30, 2021; ``Wooden Cabinets and Vanities and 
Components Thereof from the People's Republic of China, A-570-106; 
Withdrawal of Request for Review,'' dated September 3, 2021; 
``Antidumping Duty Administrative Review of Wooden Cabinets and 
Vanities and Components Thereof from the People's Republic of China: 
Withdrawal of Administrative Review Request--Jiangsu Beichen Wood 
Co., Ltd.,'' dated September 7, 2021; ``Wooden Cabinets and Vanities 
and Components Thereof from the People's Republic of China; 
Withdrawal of Administrative Review Request,'' dated September 7, 
2021; ``Wooden Cabinets and Vanities and Components Thereof from the 
People's Republic of China: Withdrawal of Request for Administrative 
Review,'' dated September 8, 2021; ``Wooden Cabinets and Vanities 
from the People's Republic of China: Withdrawal of Request for 
Administrative Review,'' dated September 8, 2021; ``Wooden Cabinets 
and Vanities and Components Thereof from the People's Republic of 
China--Withdrawal of Request for Administrative Review,'' dated 
September 8, 2021; and ``Wooden Cabinets and Vanities and Components 
Thereof from The People's Republic of China: Withdrawal of Request 
for Administrative Review,'' dated September 9, 2021; see also 
Petitioner's Letter, ``Wooden Cabinets and Vanities and Components 
Thereof from: Withdrawal of Review Request for The Ancientree 
Cabinet Co., Ltd.,'' dated August 26, 2021.
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Separate Rates

    Commerce preliminarily determines that 15 companies, not 
individually examined, are eligible for separate rates in this 
administrative review.\7\ The Tariff Act of 1930, as amended (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. For the 
preliminary results of this review, Commerce has determined the 
estimated dumping margin for Qufu Xinyu to be zero. For the reasons 
explained in the Preliminary Decision Memorandum, we are assigning this 
rate to the non-examined respondents which qualify for a separate rate 
in this review.
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    \7\ See Appendix II; see also Preliminary Decision Memorandum at 
the ``Separate Rate Determination'' section for more details.
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China-Wide Entity

    Under Commerce's policy regarding the conditional review of the 
China-wide entity,\8\ the China-wide entity will not be under review 
unless a party specifically requests, or Commerce self-initiates, a 
review of the entity. Because no party requested a review of the China-
wide entity in this review, the entity is not under review, and the 
entity's rate (i.e., 251.64 percent) is not subject to change.\9\ 
Commerce considers all other companies for which a review was requested 
(none of which filed a separate rate application) listed in Appendix II 
to this notice, to be part of the China-wide entity.\10\ We find 
mandatory respondent Beautystar to be a part of the China-wide entity 
in the instant review because it withdrew from participation and failed 
to submit a response to the initial AD questionnaire, thereby failing 
to establish its eligibility for a separate rate.\11\
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    \8\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \9\ See Order.
    \10\ See Initiation Notice (``All firms listed below that wish 
to qualify for separate rate status in the administrative reviews 
involving NME countries must complete, as appropriate, either a 
separate rate application or certification, as described below.''); 
see also Appendix II for the list of companies that are subject to 
this administrative review that are considered to be part of the 
China-wide entity.
    \11\ See Preliminary Decision Memorandum at 13-14.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. For a full description of the

[[Page 27092]]

methodology underlying our conclusions, see the Preliminary Decision 
Memorandum. The Preliminary 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. A list of topics discussed in the Preliminary 
Decision Memorandum is included as an appendix to this notice. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Rescission of the Administrative Review

    As discussed in the Preliminary Decision Memorandum and as 
expounded upon in the Bona Fides Memorandum, Commerce preliminarily 
finds that the sale made by Dalian Hualing Wood Co., Ltd. (Hualing) 
serving as the basis for administrative review is not a bona fide sale 
of cabinets.\12\ Commerce reached this conclusion based on the totality 
of the record information surrounding Hualing's reported sale, 
including, but not limited to, the price and quantity of the sale, the 
timing of the sale, the resale price and profit, and other relevant 
factors such as the single sale made during the POR, the ``specialty'' 
nature of the product, and the likelihood of future sales.\13\
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    \12\ Id. at 6-11; see also Memorandum, ``Antidumping Duty 
Administrative Review of Wooden Cabinets and Vanities and Components 
Thereof from the People's Republic of China: Preliminary Bona Fides 
Sale Analysis for Dalian Hualing Wood Co., Ltd.,'' dated 
concurrently with this notice (Bona Fides Memorandum).
    \13\ Id.
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    Because the non-bona fide sale was the only reported sale of 
subject merchandise during the POR, we preliminarily find that Hauling 
had no reviewable transactions during this POR and is ineligible for an 
administrative review. Accordingly, we intend to rescind this 
administrative review with respect to Hualing if our determination 
remains the same in the final results of this administrative 
review.\14\
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    \14\ Id.
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    Regarding Rongxin Cabinets, as discussed in the Preliminary 
Decision Memorandum, we preliminarily find that Rongxin Wood, is the 
successor-in-interest to Rongxin Cabinets. Consequently, we are 
preliminarily rescinding the review with respect to Rongxin Cabinets 
based on Rongxin Wood's timely withdrawal of its review request and 
because there are no other outstanding requests for review of Rongxin 
Cabinets or Rongxin Wood. For the complete successor-in-interest 
analysis, see the Preliminary Decision Memorandum.
    Should the final results of review remain the same as these 
preliminary results of review, we intend to rescind the review of 
Rongxin Cabinets and in accordance with 19 CFR 351.213(d)(1). 
Additionally, effective the date of publication of the final results of 
review, we will instruct U.S. Customs and Border Protection (CBP) to 
apply the AD cash deposit rate applicable to Rongxin Cabinets to 
entries of subject merchandise exported by Rongxin Wood.

Preliminary Results of the Administrative Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exists for the administrative review covering 
the period October 9, 2019, through March 31, 2021:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margin
                                                           (percent)
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Qufu Xinyu Furniture Co., Ltd.......................                0.00
Non-Selected Companies Under Review Receiving a                     0.00
 Separate Rate \15\.................................
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Disclosure

    Commerce intends to disclose to parties to the proceeding the 
calculations performed for these preliminary 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).
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    \15\ See Appendix II.
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Public Comment

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed not later than seven days after the date for filing case 
briefs.\16\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be 
limited to issues raised in the case briefs.\17\ Commerce modified 
certain of its requirements for serving documents containing business 
proprietary information until further notice.\18\ Parties who submit 
case briefs or rebuttal briefs in this proceeding are encouraged to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\19\
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    \16\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'').
    \17\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \18\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
    \19\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 
351.303 (for general filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the publication of this notice. Requests should contain the 
party's name, address, telephone number, the number of participants, 
whether any participant is a foreign national, and a list of the issues 
to be discussed. If a request for a hearing is made, Commerce intends 
to hold the hearing at a time and date to be determined. Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
    Unless the deadline is extended, Commerce intends to issue the 
final results of this review, including the results of its analysis of 
the issues raised in any written briefs, no later than 120 days after 
the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Assessment Rates

    Upon issuing the final results, Commerce will determine, and CBP 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\20\ If the preliminary results are

[[Page 27093]]

unchanged for the final results, we will instruct CBP to apply an ad 
valorem assessment rate of 251.64 percent to all entries of subject 
merchandise during the POR which were exported by the companies 
considered to be a part of the China-wide entity listed in Appendix II 
of this notice. If Commerce determines that an exporter under review 
had no shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
rate) will be liquidated at the China-wide rate.\21\
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    \20\ See 19 CFR 351.212(b)(1).
    \21\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
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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 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

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from China entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) For the subject merchandise 
exported by the company listed above that has a separate rate, the cash 
deposit rate will be equal to the weighted-average dumping margin 
established in the final results of this administrative review (except, 
if the rate is zero or de minimis, then zero cash deposit will be 
required); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters not listed above that received a separate rate in a 
prior segment of this proceeding, the cash deposit rate will continue 
to be the existing exporter-specific rate; (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 that for the 
China-wide entity; and (4) for all non-Chinese exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the Chinese exporter that supplied 
that non-Chinese exporter. These deposit requirements, when imposed, 
shall remain in effect until further notice.

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during these PORs. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    Commerce is issuing and publishing the preliminary results of this 
review in accordance with sections 751(a)(1)(B), 751(a)(3) and 777(i) 
of the Act, and 19 CFR 351.213 and 351.221(b)(4).

    Dated: May 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Partial Rescission of Administrative Review
IV. Scope of the Order
V. No-Shipment Certifications
VI. Discussions of the Methodology
VII. Currency Conversion
VIII. Adjustment Under Section 777A(f) of the Act
IX. Recommendation

Appendix II

Companies Subject to Rescission of Review

1. Anhui Swanch Cabinetry Co., Ltd.
2. Anhui Xinyuanda Cupboard Co., Ltd.
3. Dalian Jiaye Wood Products Co., Ltd.
4. Dandong Laroyal Cabinetry Co., Ltd.
5. Foremost Worldwide Company Limited
6. Fujian Senyi Kitchen Cabinet Co., Ltd.
7. Fuzhou CBM Import & Export Co., Ltd.
8. Fuzhou Minlian Wood Industry Co., Ltd.
9. Hangzhou Entop Houseware Co., Ltd.
10. Hangzhou Hoca Kitchen & Bath Products Co., Ltd.
11. Hangzhou Home Dee Sanitary Ware Co., Ltd.
12. Hangzhou Royo Import & Export Co., Ltd.
13. Heyond Cabinet Co., Ltd.
14. Honsoar New Building Material Co., Ltd.
15. HS Furniture Industrial Co., Ltd.
16. Jiang Su Rongxin Wood Industry Co., Ltd.
17. Jiangsu Beichen Wood Co., Ltd.
18. Jiangsu Sunwell Cabinetry Co., Ltd.
19. Jiangsu Weisen Houseware Co., Ltd.
20. Kunshan Baiyulan Furniture Co., Ltd.
21. Linyi Bonn Flooring Manufacturing Co., Ltd.
22. Linyi Kaipu Furniture Co., Ltd.
23. Morewood Cabinetry Co., Ltd.
24. Pizhou Ouyme Import & Export Trade Co., Ltd.
25. Qingdao Shousheng Industry Co., Ltd.
26. Rizhao Foremost Woodwork Manufacturing Company Ltd.
27. Shandong Huanmei Wood Co., Ltd.
28. Shanghai Zifeng International Trading Co., Ltd.
29. Sheen Lead International Trading (Shanghai) Co., Ltd.
30. Shouguang Jinxiangyuan Home Furnishing Co., Ltd.
31. Shouguang Sanyang Wood Industry Co., Ltd.
32. Tech Forest Cabinetry Co., Ltd.
33. The Ancientree Cabinet Co., Ltd.
34. Weifang Fuxing Wood Co., Ltd.
35. Weihai Jarlin Cabinetry Manufacture Co., Ltd.
36. Xiamen Adler Cabinetry Co., Ltd.
37. Xiamen Goldenhome Co., Ltd.
38. Xuzhou Yihe Wood Co., Ltd.
39. Yichun Dongmeng Wood Co., Ltd.
40. Yixing Pengjia Cabinetry Co., Ltd.

Companies Considered To Be Part of the China-Wide Entity

1. Deqing Meisheng Import and Export Co., Ltd.
2. Fuzhou Pyrashine Trading Co., Ltd.
3. Jiang Su Rongxin Import and Export Co., Ltd.
4. Linshu Meibang Furniture Co., Ltd.
5. Shanghai Beautystar Cabinetry Co., Ltd.
6. Shanghai Zifeng Industries Development Co., Ltd.
7. ZBOM Cabinets Co., Ltd.
8. Zhongshan KM Cabinetry Co., Ltd.

Non-Selected Companies Under Review Receiving a Separate Rate

1. Dalian Meisen Woodworking Co., Ltd.
2. Fujian Dushi Wooden Industry Co., Ltd.
3. Guangzhou Nuolande Import and Export Co., Ltd.
4. Jiangsu Xiangsheng Bedtime Furniture Co., Ltd.
5. KM Cabinetry Co., Ltd.
6. Linyi Bomei Furniture Co., Ltd.
7. Nantong Aershin Cabinets Co., Ltd.
8. Senke Manufacturing Company
9. Shandong Longsen Woods Co., Ltd.
10. Shenzhen Pengchengzhirong Trade Co., Ltd.
11. Shouguang Fushi Wood Co., Ltd.
12. Suzhou Siemo Wood Import & Export Co., Ltd.
13. Taishan Oversea Trading Company Ltd.
14. Zhangzhou OCA Furniture Co., Ltd.
15. Zhoushan For-strong Wood Co., Ltd.

[FR Doc. 2022-09813 Filed 5-5-22; 8:45 am]
BILLING CODE 3510-DS-P