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Notice

Wood Mouldings and Millwork Products From the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2022

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Document Details

Document Number2024-19318
TypeNotice
PublishedAug 28, 2024
Effective Date-
RIN-
Docket IDC-570-118
Text FetchedYes

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<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[C-570-118]</DEPDOC> <SUBJECT>Wood Mouldings and Millwork Products From the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2022</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to producers and exporters of wood mouldings and millwork products (millwork products) from the People's Republic of China (China) during the period of review (POR) from January 1, 2022, through December 31, 2022. Commerce is also rescinding the review with respect to one company that had no reviewable entries during the POR. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable August 28, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Bob Palmer or Brandon James, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-9068 or (202) 482-7472, respectively. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On March 5, 2024, Commerce published the <E T="03">Preliminary Results.</E> <SU>1</SU> <FTREF/> For a detailed description of the events that occurred subsequent to the <E T="03">Preliminary Results, see</E> the Issues and Decision Memorandum. <SU>2</SU> <FTREF/> On July 1, 2024, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce extended the deadline for issuing the final results until July 26, 2024. <SU>3</SU> <FTREF/> On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. <SU>4</SU> <FTREF/> <FTNT> <SU>1</SU>   <E T="03">See Wood Mouldings and Millwork Products from the Peoples Republic of China: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022,</E> 89 FR 15816 (March 5, 2024) ( <E T="03">Preliminary Results</E> ), and accompanying Preliminary Decision Memorandum (PDM). </FTNT> <FTNT> <SU>2</SU>   <E T="03">See</E> Memorandum, “Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review Wood Mouldings and Millwork Products from the People's Republic of China; 2022,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). </FTNT> <FTNT> <SU>3</SU>   <E T="03">See</E> Memorandum, “Extension of Deadline for the Final Results of Countervailing Duty Administrative Review; 2022,” dated July 1, 2024. </FTNT> <FTNT> <SU>4</SU>   <E T="03">See</E> Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024. </FTNT> <HD SOURCE="HD1"> Scope of the Order  <E T="51">5</E> <E T="03">See Wood Mouldings and Millwork Products from the People's Republic of China: Countervailing Duty Order,</E> 86 FR 9484 (February 16, 2021) ( <E T="03">Order</E> ). </FTNT> The merchandise subject to the <E T="03">Order</E> is wood mouldings and millwork products (WMMP) from China, which are primarily classifiable under subheadings 4409.10.0500, 4409.10.1020, 4409.10.1040, 4409.10.1060, 4409.10.1080, 4409.10.4010, 4409.10.4090, 4409.10.4500, 4409.10.5000, 4409.10.9020, 4409.10.9040, 4409.22.0590, 4409.22.1000, 4409.22.4000, 4409.22.5000, 4409.22.5020, 4409.22.5040, 4409.22.5060, 4409.22.5090, 4409.22.9000, 4409.22.9020, 4409.22.9030, 4409.22.9045, 4409.22.9060, 4409.22.9090, 4409.29.0665, 4409.29.1100, 4409.29.4100, 4409.29.5100, 4409.29.9100, 4412.99.5115, 4412.99.9500, 4418.91.9095, and 4421.91.9780 of the of the Harmonized Tariff Schedule of the United States (HTSUS). WMMP may also enter under HTSUS numbers 4409.10.6000, 4409.10.6500, 4409.22.6000, 4409.22.6500, 4409.29.6100, 4409.29.6600, 4412.41.0000, 4412.42.0000, 4412.49.0000, 4412.91.5115, 4412.92.5215, 4412.99.9700, 4418.20.4000, 4418.20.8030, 4418.20.8060, 4418.91.9195, 4418.99.9095, 4418.99.9195, 4421.91.9880, 4421.99.9780, and 4421.99.9880. While the HTSUS subheading and ASTM specification are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive. A full description of the scope of the <E T="03">Order</E> is contained in the Issues and Decision Memorandum. <HD SOURCE="HD1">Rescission of Administrative Review, In Part</HD> In the <E T="03">Preliminary Results,</E> Commerce stated that we intended to further examine the rescission of this administrative review with respect to three companies, Anji Huaxin Bamboo & Wood Products Co., Ltd. (Anji Huaxin), Composite Technology International, Limited (CTIL), and Homebuild Industries Co., Ltd. (Homebuild). Anji Huaxin and CTIL submitted comments claiming that they had entries of subject merchandise during the POR in response to our stated intent to rescind the administrate review with respect to these two companies in the absence of evidence of suspended entries during the POR. <SU>6</SU> <FTREF/> Homebuild submitted a certification of no shipments during the POR and, after seeking confirmation with U.S. Customs and Border Protection (CBP), we placed CBP's response on the record. <SU>7</SU> <FTREF/> For the final results, we find that Anji Huaxin and Homebuild had reviewable entries of subject merchandise during the POR and, accordingly, are not rescinding this review with respect to these two companies. However, we find that CTIL had no reviewable entries of subject merchandise during the POR. As a result, we are rescinding this review, pursuant to 19 CFR 351.213(d)(3), with respect to this company. <FTNT> <SU>6</SU>   <E T="03">See Preliminary Results</E> PDM at 4-6; <E T="03">see also</E> Memorandum, “Notice of Intent to Rescind Review, In Part,” dated September 14, 2023. </FTNT> <FTNT> <SU>7</SU>   <E T="03">See</E> Memorandum, “Entry Documents Requested,” dated February 14, 2024. </FTNT> For further information regarding this determination, <E T="03">see</E> “Final Rescission of Administrative Review, In Part” section in the Issues and Decision Memorandum. <HD SOURCE="HD1">Analysis of Comments Received</HD> All issues raised by interested parties in briefs are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is provided in Appendix I of 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 <E T="03">https://access.trade.gov.</E> In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E> <HD SOURCE="HD1">Changes Since the Preliminary Results</HD> Based on our review of the record and comments received from interested parties regarding our <E T="03">Preliminary Results,</E> we made certain revisions to the countervailable subsidy rate calculations for Fujian Jinquan Trade Co., Ltd. (Jinquan) and Fujian Yinfeng Imp & Exp Trading Co., Ltd. (Yinfeng). <SU>8</SU> <FTREF/> As a result of the changes to Jinquan and Yinfeng's program rates, the final rate for the 20 non-selected companies under review also changed. <SU>9</SU> <FTREF/> These changes are explained in the Issues and Decision Memorandum. <FTNT> <SU>8</SU>   <E T="03">See</E> Memoranda, “Final Results Calculations for Fujian Jinquan Trade Co., Ltd.,” and “Final Results Calculations for Fujian Yinfeng Imp & Exp Trading Co., Ltd.,” dated concurrently with this notice. </FTNT> <FTNT> <SU>9</SU>  The 20 non-selected companies under review are listed in Appendix II of this notice. </FTNT> <HD SOURCE="HD1">Methodology</HD> Commerce conducted this review in accordance with section 751(a)(1)(A) of the Act. For each of the subsidy programs found countervailable, we find that there is a subsidy, <E T="03">i.e.,</E> a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific. <SU>10</SU> <FTREF/> The Issues and Decision Memorandum contains a full description of the methodology underlying Commerce's conclusions, including any determination that relied upon the use of adverse facts available pursuant to sections 776(a) and (b) of the Act. <FTNT> <SU>10</SU>   <E T="03">See</E> 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. </FTNT> <HD SOURCE="HD1">Companies Not Selected for Individual Review</HD> 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(c)(2) of the Act. Generally, Commerce looks to section 705(c)(5) of the Act, which provides instructions for determining the all-others rate in an investigation, for guidance when calculating the rate for companies which were not selected for individual examination in an administrative review. Under section 705(c)(5)(A) of the Act, the all-others rate is normally an amount equal to the weighted average of the countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero or <E T="03">de minimis</E> countervailable subsidy rates, and an ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 19k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
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