82 FR 53473 - Countervailing Duty Investigation of Certain Hardwood Plywood Products From the People's Republic of China: Final Affirmative Determination, and Final Affirmative Critical Circumstances Determination, in Part
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 220 (November 16, 2017)
International Trade Administration
Federal Register Volume 82, Issue 220 (November 16, 2017)
| Page Range | 53473-53477 | |
| FR Document | 2017-24864 |
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)] [Notices] [Pages 53473-53477] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24864] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-052] Countervailing Duty Investigation of Certain Hardwood Plywood Products From the People's Republic of China: Final Affirmative Determination, and Final Affirmative Critical Circumstances Determination, in Part AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) determines that countervailable subsidies are being provided to producers and exporters of certain hardwood plywood products (hardwood plywood) from the People's Republic of China (PRC). The period of investigation is January 1, 2015, through December 31, 2015. For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice. DATES: Applicable November 16, 2017. FOR FURTHER INFORMATION CONTACT: Matthew Renkey or Justin Neuman, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone 202.482.2312 or 202.482.0486, respectively. SUPPLEMENTARY INFORMATION: Background The petitioner in this investigation is the Coalition for Fair Trade in Hardwood Plywood and its individual members, Columbia Forest Products, Commonwealth Plywood Inc., Murphy Plywood, Roseburg Forest Products Co., States Industries, Inc., and Timber Products Company (the petitioners). In addition to the Government of China (GOC), the mandatory respondents in this investigation are Linyi Sanfortune Wood Co., Ltd. (Sanfortune) and Dongfang Bayley Wood Co., Ltd. (Bayley Wood). The Department has determined that Bayley Wood is cross-owned with Linyi Yinhe Panel Factory, a producer of subject merchandise, and will refer to them collectively as ``Bayley Wood.'' The Department published its Preliminary Determination on April 25, 2017.\1\ On October 24, 2017, the Department issued a Post-Preliminary Analysis.\2\ A complete summary of the events that occurred since the Preliminary Determination, as well as a full discussion of the issues raised by the parties for this final determination, may be found in the Issues and Decision Memorandum accompanying the Final Affirmative Determination,\3\ which is dated concurrently with, and hereby adopted by, this notice. The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). Access to ACCESS is available to registered users at https://access.trade.gov and to all parties in the Central Records Unit, Room B8024 of the Department's main building. In addition, a complete version of the Issues and Decision Memorandum can be viewed at http://enforcement.trade.gov/frn. The signed Issues and Decision Memorandum and the electronic version are identical in content. --------------------------------------------------------------------------- \1\ See Certain Hardwood Plywood Products from the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination with Final Antidumping Duty Determination, 82 FR 19022 (April 25, 2017) (Preliminary Determination). \2\ See Department Memorandum, ``Certain Hardwood Plywood Products from the People's Republic of China: Post-Preliminary Analysis,'' dated October 24, 2017 (Post-Preliminary Analysis). \3\ See Department Memorandum, ``Countervailing Duty Investigation of Certain Hardwood Plywood Products from the People's Republic of China: Issues and Decision Memorandum for the Final Affirmative Determination,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decisions Memorandum). --------------------------------------------------------------------------- Methodology The Department is conducting this countervailing duty (CVD) investigation in accordance with section 701 of the Tariff Act of 1930, as amended (Act). For each of the subsidy programs found to be countervailable, we determine that there is a subsidy (i.e., a financial contribution by an ``authority'' that gives rise to a benefit to the recipient) and that the subsidy is specific. For a full description of the methodology underlying our final determination, see the Issues and Decisions Memorandum. Scope of the Investigation The product covered by this investigation is hardwood plywood from the PRC. For a complete description of the scope of this investigation, see Appendix II. Analysis of Subsidy Programs and Comments Received All issues raised in the comments filed by interested parties to this proceeding are discussed in the Issues and Decision Memorandum. A list of the issues raised by interested parties and responded to by the Department in the Issues and Decisions Memorandum are attached at Appendix I to this notice. Use of Adverse Facts Available For purposes of this final determination, we relied on facts available, and because certain respondents did not act to the best of their ability in responding to the Department's requests for information, we drew an adverse inference, where appropriate, in selecting from among the facts otherwise available.\4\ A full discussion of our decision to rely on adverse facts available is presented in the ``Use of Facts Otherwise Available and Adverse Inferences'' section of the Issues and Decisions Memorandum. --------------------------------------------------------------------------- \4\ See sections 776(a) and (b) of the Act. --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, and minor corrections accepted at verification, we made certain changes to the respondents' subsidy rate calculations since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum. Final Affirmative Determination of Critical Circumstances, in Part In the Preliminary Determination, the Department found that critical circumstances exist with respect to imports of hardwood plywood from the PRC for Bayley Wood and all other exporters or producers not individually examined (including those that did not respond to our quantity and value [[Page 53474]] (Q&V) questionnaire).\5\ Upon further analysis of the data and comments submitted by interested parties following the Preliminary Determination, we are modifying our findings for this final determination. Specifically, in accordance with section 705(a)(2) of the Act, we find that critical circumstances exist with respect to imports from Bayley Wood and the companies that did not respond to the Q&V questionnaire, but do not exist for Sanfortune and ``all other'' producers or exporters.\6\ --------------------------------------------------------------------------- \5\ See Preliminary Determination at 19023. \6\ See the Issues and Decision Memorandum. --------------------------------------------------------------------------- Final Determination In accordance with section 705(c)(1)(B)(i)(I) of the Act, we calculated an estimated individual countervailable subsidy rate for each producer/exporter of the subject merchandise individually investigated. In accordance with section 705(c)(5)(A) of the Act, for companies not individually investigated, we applied an ``all-others'' rate, which is normally calculated by weighting the subsidy rates of the individual companies selected as mandatory respondents by those companies' exports of the subject merchandise to the United States. Under section 705(c)(5)(A)(i) of the Act, the all-others rate excludes zero and de minimis rates calculated for the exporters and producers individually investigated, as well as rates based entirely on facts otherwise available. In this investigation, the only non-de minimis rate, or rate not based entirely on facts otherwise available, is the rate calculated for Sanfortune. Consequently, the rate calculated for Sanfortune is assigned as the ``all-others'' rate. ------------------------------------------------------------------------ Subsidy rate Company (percent) ------------------------------------------------------------------------ Shandong Dongfang Bayley Wood Co., Ltd \7\........... 194.90 Linyi Sanfortune Wood Co., Ltd....................... 22.98 All-Others........................................... 22.98 Anji Qichen Bamboo Industry Co. Ltd \8\.............. 194.90 Deqing Shengqiang Wood Co., Ltd...................... 194.90 Guangxi Sunway Cen.Xi Artificial Board Ltd........... 194.90 Guangxi Sunway Forest Products Industry Co., Ltd..... 194.90 Hebei Tongli Wood Co., Ltd........................... 194.90 Heze Fulin Wood Products Co., Ltd.................... 194.90 Jiashan Minghong Wood Industry Co., Ltd.............. 194.90 Jiaxing Brilliant Import & Export Co., Ltd........... 194.90 Keens Products....................................... 194.90 King Sheng........................................... 194.90 Kunming Alston Ast Wood Products Co., Ltd............ 194.90 Langfang Baomujie Wood Co., Ltd...................... 194.90 Larkcop International Co., Ltd....................... 194.90 Linyi Cathay Pacific Wood Factory.................... 194.90 Linyi Celtic Wood Co., Ltd........................... 194.90 Linyi Dongri Plywood Co., Ltd........................ 194.90 Linyi Hongma......................................... 194.90 Linyi Jinhua Wood Co., Ltd........................... 194.90 Linyi Kai Yi Arts and Crafts Co., Ltd................ 194.90 Linyi Laiyi Timber Industry Co., Ltd................. 194.90 Linyi Lianyi Wood Co., Ltd........................... 194.90 Linyi Raya Commerce.................................. 194.90 Linyi Yutai Wood Co., Ltd............................ 194.90 Lishui Liancheng Pencil Manufacturing Co., Ltd....... 194.90 Mol Consolidation Service............................ 194.90 Ningbo Asia Pulp and Paper........................... 194.90 Ningbo Zhonghua Paper................................ 194.90 Qiangsheng Wood Co., Ltd............................. 194.90 Qingdao Liansheng International Trading.............. 194.90 Qufu Shengda Wood Co., Ltd........................... 194.90 Shandong Fengtai Wood Co., Ltd....................... 194.90 Shandong Hongyang Fire Resistant..................... 194.90 Shandong Xingang Group............................... 194.90 Shanghai Sunshine Decorative Materials Co., Ltd...... 194.90 Shenghe Wood Company Ltd............................. 194.90 Shouguang Evergreen Im & Ex Co. Ltd \9\.............. 194.90 Shouguang Taizhong Wood Co., Ltd..................... 194.90 Siyang Jiayuan Woodindustry Co., Ltd................. 194.90 Siyang Senda Wood Industry Co., Ltd.................. 194.90 Suqian Bairun Wood Industry Co., Ltd................. 194.90 Suqian Foreign Trade Co., Ltd........................ 194.90 Suqian Sulu Wood Industry Co., Ltd \10\.............. 194.90 Suzbou Dong He Wood Co., Ltd......................... 194.90 Tianjin Canex........................................ 194.90 Tianjin Zhanye Metal Products Co., Ltd............... 194.90 Xuzhou Fuyuan Wood Co., Ltd.......................... 194.90 Xuzhou Hongwei Wood Co., Ltd......................... 194.90 Xuzhou Ruilin Timber Co., Ltd........................ 194.90 Xuzhou Shenghe Wood Products......................... 194.90 Xuzhou Woodhi Trading Co. Ltd........................ 194.90 [[Page 53475]] Xuzhou Yishun Brightwood Co. Ltd..................... 194.90 Xuzhou Zhongda Building Materials Co., Ltd........... 194.90 Xuzhou Zhongyuan Wood Co., Ltd....................... 194.90 Yixing Lion-King Timber Industry Co., Ltd............ 194.90 Zhejiang Deqing Shengqiang Wood Co., Ltd............. 194.90 Zhejiang Fuerjia Wooden Company...................... 194.90 Zhejiang Jufeng Wood Co., Ltd........................ 194.90 Zhejiang Xinyuan Bamboo Products Co., Ltd............ 194.90 Zhejiang Yongyu Bamboo Joint-Stock Co., Ltd.......... 194.90 ------------------------------------------------------------------------ Disclosure We intend to disclose to parties in this proceeding the calculations performed for this final determination within five days of the date of public announcement of our final determination, in accordance with 19 CFR 351.224(b). --------------------------------------------------------------------------- \7\ As discussed in the Preliminary Determination, the Department has found that Bayley Wood is cross-owned with Linyi Yinhe Panel Factory (Yinhe Panel), a producer of subject merchandise. The Department also applied total adverse facts available (AFA) to Bayley Wood and Yinhe Panel. \8\ This company and those listed below are receiving the AFA rate because they did not respond to our quantity and value questionnaire. \9\ This company was listed as having the following two ``aka'' names: Shouguang Evergreen Co., Ltd. and Weifang Evergreen Wood Co., Ltd. \10\ This company was listed as having the following ``aka'' name: Suqian Sulu Import and Export Trading. --------------------------------------------------------------------------- Suspension of Liquidation As a result of our Preliminary Determination and pursuant to section 703(d) of the Act, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of hardwood plywood from the PRC, that were entered, or withdrawn from warehouse, for consumption on or after April 25, 2017, the date of the publication of the Preliminary Determination in the Federal Register (except for those companies for which we made a preliminary affirmative determination of critical circumstances, as explained below). In accordance with section 703(d) of the Act, we instructed CBP to discontinue the suspension of liquidation for CVD purposes for subject merchandise entered, or withdrawn from warehouse, on or after August 23, 2017, but to continue the suspension of liquidation of all entries from April 25, 2017, through August 22, 2017. The Department continues to find that critical circumstances exist for those companies receiving AFA (i.e., Bayley Wood and those companies that did not respond to our quantity and value questionnaire),\11\ and therefore we will instruct CBP to continue to suspend liquidation of all entries of subject merchandise from the PRC- wide entity entered, or withdrawn from warehouse, for consumption on or after January 25, 2017, which is 90 days prior to the date of publication of the Preliminary Determination. CBP shall continue to require a cash deposit equal to the rates shown above. These instructions suspending liquidation will remain in effect until further notice. --------------------------------------------------------------------------- \11\ See footnote 8 above. --------------------------------------------------------------------------- In accordance with the preliminary affirmative determination of critical circumstances, we instructed CBP to suspend liquidation of all entries of the subject merchandise from ``all other'' producers and exporters, which were entered or withdrawn from warehouse, on or after January 25, 2017, which is 90 days prior to April 25, 2017, the date of publication of the Preliminary Determination. Because we do not find critical circumstances for the ``all-other'' producers and exporters in this final determination, we will instruct CBP to terminate suspension of liquidation, and release any cash deposits or bonds, on imports during the 90-day period prior to the date of publication of the Preliminary Determination. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order and reinstate the suspension of liquidation under section 706(a) of the Act, requiring a cash deposit of estimated CVDs for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. International Trade Commission Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Return or Destruction of Proprietary Information In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an 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, alternatively, conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation that is subject to sanction. This determination is published pursuant to sections 705(d) and 777(i) of the Act. Dated: November 6, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the 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 Investigation IV. Scope Comments V. Subsidies Valuation VI. Benchmarks and Discount Rates VII. Final Determination of Critical Circumstances VIII. Use of Facts Otherwise Available and Adverse Inferences IX. Analysis of Programs X. Analysis of Comments Comment 1: The Department's Continued Use of AFA for Bayley Wood [[Page 53476]] Comment 2: Selection of Electricity AFA Benchmark Comment 3: Whether Sanfortune Was Uncreditworthy and Whether Certain of Its Loans Should Be Treated as Long-Term Loans Comment 4: Whether Two Grants Received by Sanfortune Should Be Consolidated Comment 5: Treatment of Sanfortune's Outstanding Time Drafts Comment 6: Electricity for LTAR Benefit Attribution for Sanfortune Comment 7: Land for LTAR Benefit Attribution for Sanfortune Comment 8: Whether Certain of Sanfortune's Loans Are Export Loans Comment 9: Correction of Mistranslations in the GOC's Explanation of Transformer Capacities Comment 10: Whether Loans to the Hardwood Plywood Industry Are Countervailable Comment 11: Whether the Department Should Apply AFA and Find the Provision of Electricity To Be Provided for LTAR Comment 12: Whether the Department Should Apply AFA to Find That Land Was Provided to Sanfortune for LTAR Comment 13: Whether the Department Should Apply AFA for the Specificity for Four of Sanfortune's Reported Grants Comment 14: Whether JOC Yuantai Should Receive the All Others Rate, Rather Than the AFA Rate Comment 15: Critical Circumstances Comment 16: All-Others Rate Calculation Comment 17: Presentation of Sanfortune's Drawer Slides at Verification Comment 18: Whether the Department Properly Initiated on the Petitioners' New Subsidy Allegations Comment 19: Whether the Provision of Urea for LTAR Is Countervailable Comment 20: Whether the GOC Provided Formaldehyde to Sanfortune Comment 21: Whether the COG's Provision of Timber, UF Resin, and Cut Timber for LTAR Is Specific Comment 22: Whether the Department Should Correct the Ocean Freight Data Used in Calculating the Urea and Formaldehyde Benchmarks Comment 23: Whether Veneers Are Included as Part of the Program for the Provision of Cut Timber for LTAR Comment 24: Export-Buyers' Program XI. Recommendation Appendix II Scope of the Investigation The merchandise subject to this investigation is hardwood and decorative plywood, and certain veneered panels as described below. For purposes of this proceeding, hardwood and decorative plywood is defined as a generally flat, multilayered plywood or other veneered panel, consisting of two or more layers or plies of wood veneers and a core, with the face and/or back veneer made of non-coniferous wood (hardwood) or bamboo. The veneers, along with the core may be glued or otherwise bonded together. Hardwood and decorative plywood may include products that meet the American National Standard for Hardwood and Decorative Plywood, ANSI/HPVA HP-1-2016 (including any revisions to that standard). For purposes of this investigation a ``veneer'' is a slice of wood regardless of thickness which is cut, sliced or sawed from a log, bolt, or flitch. The face and back veneers are the outermost veneer of wood on either side of the core irrespective of additional surface coatings or covers as described below. The core of hardwood and decorative plywood consists of the layer or layers of one or more material(s) that are situated between the face and back veneers. The core may be composed of a range of materials, including but not limited to hardwood, softwood, particleboard, or medium-density fiberboard (MDF). All hardwood plywood is included within the scope of this investigation regardless of whether or not the face and/or back veneers are surface coated or covered and whether or not such surface coating(s) or covers obscures the grain, textures, or markings of the wood. Examples of surface coatings and covers include, but are not limited to: Ultra violet light cured polyurethanes; oil or oil-modified or water based polyurethanes; wax; epoxy-ester finishes; moisture-cured urethanes; paints; stains; paper; aluminum; high pressure laminate; MDF; medium density overlay (MDO); and phenolic film. Additionally, the face veneer of hardwood plywood may be sanded; smoothed or given a ``distressed'' appearance through such methods as hand-scraping or wire brushing. All hardwood plywood is included within the scope even if it is trimmed; cut-to- size; notched; punched; drilled; or has underwent other forms of minor processing. All hardwood and decorative plywood is included within the scope of this investigation, without regard to dimension (overall thickness, thickness of face veneer, thickness of back veneer, thickness of core, thickness of inner veneers, width, or length). However, the most common panel sizes of hardwood and decorative plywood are 1219 x 1829 mm (48 x 72 inches), 1219 x 2438 mm (48 x 96 inches), and 1219 x 3048 mm (48 x 120 inches). Subject merchandise also includes hardwood and decorative plywood that has been further processed in a third country, including but not limited to trimming, cutting, notching, punching, drilling, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the in-scope product. The scope of the investigation excludes the following items: (1) Structural plywood (also known as ``industrial plywood'' or ``industrial panels'') that is manufactured to meet U.S. Products Standard PS 1-09, PS 2-09, or PS 2-10 for Structural Plywood (including any revisions to that standard or any substantially equivalent international standard intended for structural plywood), and which has both a face and a back veneer of coniferous wood; (2) products which have a face and back veneer of cork; (3) multilayered wood flooring, as described in the antidumping duty and countervailing duty orders on Multilayered Wood Flooring from the People's Republic of China, Import Administration, International Trade Administration. See Multilayered Wood Flooring from the People's Republic of China, 76 FR 76690 (December 8, 2011) (amended final determination of sales at less than fair value and antidumping duty order), and Multilayered Wood Flooring from the People's Republic of China, 76 FR 76693 (December 8, 2011) (countervailing duty order), as amended by Multilayered Wood Flooring from the People's Republic of China: Amended Antidumping and Countervailing Duty Orders, 77 FR 5484 (February 3, 2012); (4) multilayered wood flooring with a face veneer of bamboo or composed entirely of bamboo; (5) plywood which has a shape or design other than a flat panel, with the exception of any minor processing described above; (6) products made entirely from bamboo and adhesives (also known as ``solid bamboo''); and (7) Phenolic Film Faced Plyform (PFF), also known as Phenolic Surface Film Plywood (PSF), defined as a panel with an ``Exterior'' or ``Exposure 1'' bond classification as is defined by The Engineered Wood Association, having an opaque phenolic film layer with a weight equal to or greater than 90g/m3 permanently bonded on both the face and back veneers and an opaque, moisture resistant coating applied to the edges. Excluded from the scope of this investigation are wooden furniture goods that, at the time of importation, are fully assembled and are ready for their intended uses. Also excluded from the scope of this investigation is ``ready to assemble'' (RTA) furniture. RTA furniture is defined as (A) furniture packaged for sale for ultimate purchase by an end-user that, at the time of importation, includes (1) all wooden components (in finished form) required to assemble a finished unit of furniture, (2) all accessory parts (e.g., screws, washers, dowels, nails, handles, knobs, adhesive glues) required to assemble a finished unit of furniture, and (3) instructions providing guidance on the assembly of a finished unit of furniture; (B) unassembled bathroom vanity cabinets, having a space for one or more sinks, that are imported with all unassembled hardwood and hardwood plywood components that have been cut-to-final dimensional component shape/size, painted or stained prior to importation, and stacked within a singled shipping package, except for furniture feet which may be packed and shipped separately; or (C) unassembled bathroom vanity linen closets that are imported with all unassembled hardwood and hardwood plywood components that have been cut-to-final dimensional shape/size, painted or stained prior to importation, and stacked within a single shipping package, except for furniture feet which may be packed and shipped separately. Excluded from the scope of this investigation are kitchen cabinets that, at the time of importation, are fully assembled and are ready for their intended uses. Also excluded from the scope of this investigation are RTA kitchen cabinets. RTA kitchen cabinets are defined as kitchen cabinets packaged for sale for ultimate purchase by an [[Page 53477]] end-user that, at the time of importation, includes (1) all wooden components (in finished form) required to assemble a finished unit of cabinetry, (2) all accessory parts (e.g., screws, washers, dowels, nails, handles, knobs, hooks, adhesive glues) required to assemble a finished unit of cabinetry, and (3) instructions providing guidance on the assembly of a finished unit of cabinetry. Excluded from the scope of this investigation are finished table tops, which are table tops imported in finished form with pre-cut or drilled openings to attach the underframe or legs. The table tops are ready for use at the time of import and require no further finishing or processing. Excluded from the scope of this investigation are finished countertops that are imported in finished form and require no further finishing or manufacturing. Excluded from the scope of this investigation are laminated veneer lumber door and window components with (1) a maximum width of 44 millimeters, a thickness from 30 millimeters to 72 millimeters, and a length of less than 2413 millimeters (2) water boiling point exterior adhesive, (3) a modulus of elasticity of 1,500,000 pounds per square inch or higher, (4) finger-jointed or lap-jointed core veneer with all layers oriented so that the grain is running parallel or with no more than 3 dispersed layers of veneer oriented with the grain running perpendicular to the other layers; and (5) top layer machined with a curved edge and one or more profile channels throughout. Imports of hardwood plywood are primarily entered under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4412.10.0500; 4412.31.0520; 4412.31.0540; 4412.31.0560; 4412.31.0620; 4412.31.0640; 4412.31.0660; 4412.31.2510; 4412.31.2520; 4412.31.2610; 4412.31.2620; 4412.31.4040; 4412.31.4050; 4412.31.4060; 4412.31.4075; 4412.31.4080; 4412.31.4140; 4412.31.4150; 4412.31.4160; 4412.31.4180; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.5175; 4412.31.5235; 4412.31.5255; 4412.31.5265; 4412.31.5275; 4412.31.6000; 4412.31.6100; 4412.31.9100; 4412.31.9200; 4412.32.0520; 4412.32.0540; 4412.32.0565; 4412.32.0570; 4412.32.0620; 4412.32.0640; 4412.32.0670; 4412.32.2510; 4412.32.2525; 4412.32.2530; 4412.32.2610; 4412.32.2630; 4412.32.3125; 4412.32.3135; 4412.32.3155; 4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.3235; 4412.32.3255; 4412.32.3265; 4412.32.3275; 4412.32.3285; 4412.32.5600; 4412.32.3235; 4412.32.3255; 4412.32.3265; 4412.32.3275; 4412.32.3285; 4412.32.5700; 4412.94.1030; 4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121; 4412.94.3141; 4412.94.3161; 4412.94.3175; 4412.94.4100; 4412.99.0600; 4412.99.1020; 4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120; 4412.99.3130; 4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170; 4412.99.4100; 4412.99.5115; and 4412.99.5710. Imports of hardwood plywood may also enter under HTSUS subheadings 4412.99.6000; 4412.99.7000; 4412.99.8000; 4412.99.9000; 4412.10.9000; 4412.94.5100; 4412.94.9500; and 4412.99.9500. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. [FR Doc. 2017-24864 Filed 11-15-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices 53473
(CAS) numbers, generally depending upon Commonwealth Plywood Inc., Murphy to be countervailable, we determine that
the feedstock used: 67784–80–9 (soybean oil Plywood, Roseburg Forest Products Co., there is a subsidy (i.e., a financial
methyl esters); 91051–34–2 (palm oil methyl States Industries, Inc., and Timber contribution by an ‘‘authority’’ that
esters); 91051–32–0 (palm kernel oil methyl Products Company (the petitioners). In gives rise to a benefit to the recipient)
esters); 73891–99–3 (rapeseed oil methyl
esters); 61788–61–2 (tallow methyl esters);
addition to the Government of China and that the subsidy is specific. For a
68990–52–3 (vegetable oil methyl esters); (GOC), the mandatory respondents in full description of the methodology
129828–16–6 (canola oil methyl esters); this investigation are Linyi Sanfortune underlying our final determination, see
67762–26–9 (unsaturated alkylcarboxylic Wood Co., Ltd. (Sanfortune) and the Issues and Decisions Memorandum.
acid methyl ester); or 68937–84–8 (fatty Dongfang Bayley Wood Co., Ltd. (Bayley
acids, C12–C18, methyl ester). Wood). The Department has determined Scope of the Investigation
The B100 product subject to the that Bayley Wood is cross-owned with The product covered by this
investigation is currently classifiable under Linyi Yinhe Panel Factory, a producer investigation is hardwood plywood
subheading 3826.00.1000 of the Harmonized of subject merchandise, and will refer to from the PRC. For a complete
Tariff Schedule of the United States
them collectively as ‘‘Bayley Wood.’’ description of the scope of this
(HTSUS), while the B99 product is currently
The Department published its investigation, see Appendix II.
classifiable under HTSUS subheading
3826.00.3000. Although the HTSUS Preliminary Determination on April 25,
2017.1 On October 24, 2017, the Analysis of Subsidy Programs and
subheadings, ASTM specifications, and CAS
Department issued a Post-Preliminary Comments Received
numbers are provided for convenience and
customs purposes, the written description of Analysis.2 A complete summary of the All issues raised in the comments
the scope is dispositive. events that occurred since the filed by interested parties to this
[FR Doc. 2017–24858 Filed 11–15–17; 8:45 am] Preliminary Determination, as well as a proceeding are discussed in the Issues
BILLING CODE 3510–DS–P full discussion of the issues raised by and Decision Memorandum. A list of
the parties for this final determination, the issues raised by interested parties
may be found in the Issues and Decision and responded to by the Department in
DEPARTMENT OF COMMERCE Memorandum accompanying the Final the Issues and Decisions Memorandum
Affirmative Determination,3 which is are attached at Appendix I to this
International Trade Administration dated concurrently with, and hereby notice.
[C–570–052] adopted by, this notice. The Issues and
Decision Memorandum is a public Use of Adverse Facts Available
Countervailing Duty Investigation of document and is available electronically For purposes of this final
Certain Hardwood Plywood Products via Enforcement and Compliance’s determination, we relied on facts
From the People’s Republic of China: Antidumping and Countervailing Duty available, and because certain
Final Affirmative Determination, and Centralized Electronic Service System respondents did not act to the best of
Final Affirmative Critical (ACCESS). Access to ACCESS is their ability in responding to the
Circumstances Determination, in Part available to registered users at https:// Department’s requests for information,
access.trade.gov and to all parties in the we drew an adverse inference, where
AGENCY: Enforcement and Compliance, Central Records Unit, Room B8024 of appropriate, in selecting from among the
International Trade Administration, the Department’s main building. In facts otherwise available.4 A full
Department of Commerce. addition, a complete version of the discussion of our decision to rely on
SUMMARY: The Department of Commerce Issues and Decision Memorandum can adverse facts available is presented in
(Department) determines that be viewed at http:// the ‘‘Use of Facts Otherwise Available
countervailable subsidies are being enforcement.trade.gov/frn. The signed and Adverse Inferences’’ section of the
provided to producers and exporters of Issues and Decision Memorandum and Issues and Decisions Memorandum.
certain hardwood plywood products the electronic version are identical in
(hardwood plywood) from the People’s content. Changes Since the Preliminary
Republic of China (PRC). The period of Determination
investigation is January 1, 2015, through Methodology
Based on our review and analysis of
December 31, 2015. For information on The Department is conducting this the comments received from parties,
the estimated subsidy rates, see the countervailing duty (CVD) investigation and minor corrections accepted at
‘‘Suspension of Liquidation’’ section of in accordance with section 701 of the verification, we made certain changes to
this notice. Tariff Act of 1930, as amended (Act). the respondents’ subsidy rate
DATES: Applicable November 16, 2017. For each of the subsidy programs found calculations since the Preliminary
FOR FURTHER INFORMATION CONTACT: Determination. For a discussion of these
1 See Certain Hardwood Plywood Products from
Matthew Renkey or Justin Neuman, AD/ the People’s Republic of China: Preliminary changes, see the Issues and Decision
CVD Operations, Office V, Enforcement Affirmative Countervailing Duty Determination, Memorandum.
and Compliance, International Trade Preliminary Affirmative Critical Circumstances
Administration, U.S. Department of Determination, in Part, and Alignment of Final Final Affirmative Determination of
Commerce, 1401 Constitution Avenue Determination with Final Antidumping Duty Critical Circumstances, in Part
Determination, 82 FR 19022 (April 25, 2017)
NW., Washington, DC 20230; telephone (Preliminary Determination). In the Preliminary Determination, the
202.482.2312 or 202.482.0486, Department found that critical
asabaliauskas on DSKBBXCHB2PROD with NOTICES
2 See Department Memorandum, ‘‘Certain
respectively. Hardwood Plywood Products from the People’s circumstances exist with respect to
Republic of China: Post-Preliminary Analysis,’’
SUPPLEMENTARY INFORMATION: dated October 24, 2017 (Post-Preliminary Analysis).
imports of hardwood plywood from the
3 See Department Memorandum, ‘‘Countervailing PRC for Bayley Wood and all other
Background Duty Investigation of Certain Hardwood Plywood exporters or producers not individually
The petitioner in this investigation is Products from the People’s Republic of China: examined (including those that did not
Issues and Decision Memorandum for the Final respond to our quantity and value
the Coalition for Fair Trade in Affirmative Determination,’’ dated concurrently
Hardwood Plywood and its individual with, and hereby adopted by, this notice (Issues and
members, Columbia Forest Products, Decisions Memorandum). 4 See sections 776(a) and (b) of the Act.
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![Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices 53477
end-user that, at the time of importation, HTSUS subheadings are provided for registered users at http://
includes (1) all wooden components (in convenience and customs purposes, the access.trade.gov, and is available to all
finished form) required to assemble a written description of the scope of this parties in the Central Records Unit,
finished unit of cabinetry, (2) all accessory investigation is dispositive.
Room B8024 of the main Department of
parts (e.g., screws, washers, dowels, nails, [FR Doc. 2017–24864 Filed 11–15–17; 8:45 am]
handles, knobs, hooks, adhesive glues) Commerce building. In addition, a
required to assemble a finished unit of BILLING CODE 3510–DS–P complete version of the Final Decision
cabinetry, and (3) instructions providing Memorandum can be accessed directly
guidance on the assembly of a finished unit at http://enforcement.trade.gov. The
of cabinetry. DEPARTMENT OF COMMERCE signed and electronic versions of the
Excluded from the scope of this Final Decision Memorandum are
investigation are finished table tops, which International Trade Administration
identical in content.
are table tops imported in finished form with
[C–357–821]
pre-cut or drilled openings to attach the Period of Investigation
underframe or legs. The table tops are ready
for use at the time of import and require no Biodiesel From the Republic of The period of investigation for which
further finishing or processing. Argentina: Final Affirmative we are measuring subsidies is January 1,
Excluded from the scope of this Countervailing Duty Determination 2016, through December 31, 2016.
investigation are finished countertops that
are imported in finished form and require no AGENCY: Enforcement and Compliance, Scope of the Investigation
further finishing or manufacturing. International Trade Administration, The scope of the investigation covers
Excluded from the scope of this Department of Commerce. biodiesel from the Republic of
investigation are laminated veneer lumber SUMMARY: The Department of Commerce Argentina. The Department did not
door and window components with (1) a (Department) determines that receive any scope comments and has
maximum width of 44 millimeters, a countervailable subsidies are being not updated the scope of the
thickness from 30 millimeters to 72
millimeters, and a length of less than 2413
provided to producers and exporters of investigation since the Preliminary
millimeters (2) water boiling point exterior biodiesel from the Republic of Determination. For a complete
adhesive, (3) a modulus of elasticity of Argentina. The period of investigation is description of the scope of this
1,500,000 pounds per square inch or higher, January 1, 2016, through December 31, investigation, see Appendix II to this
(4) finger-jointed or lap-jointed core veneer 2016. notice.
with all layers oriented so that the grain is DATES: Applicable November 16, 2017.
running parallel or with no more than 3 Final Negative Determination of
dispersed layers of veneer oriented with the FOR FURTHER INFORMATION CONTACT: Critical Circumstances
grain running perpendicular to the other Kathryn Wallace or Elfi Blum, AD/CVD
In the Preliminary Determination, the
layers; and (5) top layer machined with a Operations, Office VII, Enforcement and
Department determined that critical
curved edge and one or more profile Compliance, International Trade
circumstances exist with respect to LDC
channels throughout. Administration, U.S. Department of
Imports of hardwood plywood are Argentina S.A. (LDC Argentina) and
Commerce, 1401 Constitution Avenue
primarily entered under the following Vicentin S.A.I.C. (Vicentin), but do not
NW., Washington, DC 20230; telephone:
Harmonized Tariff Schedule of the United exist with respect to imports from all
(202) 482–6251, or (202) 482–0197,
States (HTSUS) subheadings: 4412.10.0500; other producers or exporters of biodiesel
4412.31.0520; 4412.31.0540; 4412.31.0560;
respectively.
from Argentina.3 As discussed in the
4412.31.0620; 4412.31.0640; 4412.31.0660; SUPPLEMENTARY INFORMATION: Final Decision Memorandum, in
4412.31.2510; 4412.31.2520; 4412.31.2610; accordance with section 705(a)(2) of the
4412.31.2620; 4412.31.4040; 4412.31.4050; Background
Tariff Act of 1930, as amended (the Act),
4412.31.4060; 4412.31.4075; 4412.31.4080; The Department published the
4412.31.4140; 4412.31.4150; 4412.31.4160;
the Department no longer finds critical
Preliminary Determination on August circumstances with respect to imports
4412.31.4180; 4412.31.5125; 4412.31.5135;
4412.31.5155; 4412.31.5165; 4412.31.5175;
28, 2017.1 A summary of the events that from LDC Argentina and Vicentin. In
4412.31.5235; 4412.31.5255; 4412.31.5265; occurred since the Department addition, the Department continues to
4412.31.5275; 4412.31.6000; 4412.31.6100; published the Preliminary find that critical circumstances do not
4412.31.9100; 4412.31.9200; 4412.32.0520; Determination, as well as a full exist with respect to imports from all
4412.32.0540; 4412.32.0565; 4412.32.0570; discussion of the issues raised by parties other producers or exporters of biodiesel
4412.32.0620; 4412.32.0640; 4412.32.0670; for this final determination, may be from Argentina. Therefore, in
4412.32.2510; 4412.32.2525; 4412.32.2530; found in the accompanying Final accordance with section 705(a)(2) of the
4412.32.2610; 4412.32.2630; 4412.32.3125; Decision Memorandum.2 The Final
4412.32.3135; 4412.32.3155; 4412.32.3165;
Act, the Department determines that
Decision Memorandum is a public critical circumstances do not exist with
4412.32.3175; 4412.32.3185; 4412.32.3235;
4412.32.3255; 4412.32.3265; 4412.32.3275;
document, and is on file electronically respect to LDC Argentina, Vicentin, and
4412.32.3285; 4412.32.5600; 4412.32.3235; via Enforcement and Compliance’s all other producers or exporters of
4412.32.3255; 4412.32.3265; 4412.32.3275; Antidumping and Countervailing Duty subject merchandise.
4412.32.3285; 4412.32.5700; 4412.94.1030; Centralized Electronic Service System
4412.94.1050; 4412.94.3105; 4412.94.3111; (ACCESS). ACCESS is available to Analysis of Subsidy Programs and
4412.94.3121; 4412.94.3141; 4412.94.3161; Comments Received
4412.94.3175; 4412.94.4100; 4412.99.0600; 1 See Biodiesel from Argentina: Preliminary
The subsidy programs under
4412.99.1020; 4412.99.1030; 4412.99.1040;
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Affirmative Countervailing Duty Determination and
Preliminary Affirmative Critical Circumstances
investigation, and the issues raised in
4412.99.3110; 4412.99.3120; 4412.99.3130;
4412.99.3140; 4412.99.3150; 4412.99.3160; Determination, in Part, 82 FR 40748 (Preliminary the case and rebuttal briefs submitted by
4412.99.3170; 4412.99.4100; 4412.99.5115; Determination) and accompanying Preliminary the interested parties in this proceeding,
Decision Memorandum (PDM). are discussed in the Final Decision
and 4412.99.5710. 2 See Memorandum, ‘‘Issues and Decision
Imports of hardwood plywood may also Memorandum. A list of the issues raised
Memorandum for the final Determination in the
enter under HTSUS subheadings Countervailing Duty Investigation of Biodiesel from by the parties and addressed by the
4412.99.6000; 4412.99.7000; 4412.99.8000; the Republic of Argentina,’’ dated concurrently
4412.99.9000; 4412.10.9000; 4412.94.5100; with this determination and hereby adopted by this 3 See Preliminary Determination at 82 FR 40749
4412.94.9500; and 4412.99.9500. While the notice (Final Decision Memorandum). and PDM at 5–8.
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Document Created: 2017-11-16 03:53:31
Document Modified: 2017-11-16 03:53:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable November 16, 2017. | |
| Contact | Matthew Renkey or Justin Neuman, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone 202.482.2312 or 202.482.0486, respectively. | |
| FR Citation | 82 FR 53473 |
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