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Wooden Cabinets and Vanities and Components Thereof From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2022

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Document Details

Document Number2024-26175
TypeNotice
PublishedNov 12, 2024
Effective Date-
RIN-
Docket IDC-570-107
Text FetchedYes

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<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[C-570-107]</DEPDOC> <SUBJECT>Wooden Cabinets and Vanities and Components Thereof From the People's Republic of China: Final Results 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 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. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable November 12, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On May 2, 2024, Commerce published the <E T="03">Preliminary Results</E> of this administrative review in the <E T="04">Federal Register</E> and invited comments from interested parties. <SU>1</SU> <FTREF/> For a complete description of the events that occurred since the <E T="03">Preliminary Results, see</E> the Issues and Decision Memorandum. <SU>2</SU> <FTREF/> Commerce conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). <FTNT> <SU>1</SU>   <E T="03">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,</E> 89 FR 35782 (May 2, 2024) ( <E T="03">Preliminary Results</E> ), and accompanying Preliminary Decision Memorandum. </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 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). </FTNT> <HD SOURCE="HD1">Scope of the Order</HD> The products covered by the <E T="03">Order</E> are wooden cabinets from China. For a full description of the scope of the order, <E T="03">see</E> the Issues and Decision Memorandum. <HD SOURCE="HD1">Analysis of Comments Received</HD> 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 <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 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, <E T="03">see</E> the Issues and Decision Memorandum. <HD SOURCE="HD1">Methodology</HD> 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, <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>3</SU> <FTREF/> 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, <E T="03">see</E> the Issues and Decision Memorandum. <FTNT> <SU>3</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(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 <E T="03">de minimis</E> 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 <E T="03">de minimis</E> 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. <SU>4</SU> <FTREF/> <FTNT> <SU>4</SU>  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. <E T="03">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,</E> 75 FR 53661, 53663 (September 1, 2010). </FTNT> <HD SOURCE="HD1">Final Results of Administrative Review</HD> Commerce determines that the following net countervailable subsidy rates exist for the period January 1, 2022, through December 31, 2022: <FTREF/> <FTNT> <SU>5</SU>  This company was formerly known as Yixing Pengjia Cabinetry Co., Ltd. <E T="03">See</E> Pengjia's Letter “Section III,” dated January 4, 2024, at 2 and Exhibit 5.1. <SU>6</SU>  Commerce previously found Shanghai Beautystar Cabinetry Co., Ltd. to be a cross-owned affiliate with Jiangsu Sunwell Cabinetry Co Ltd. <E T="03">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,</E> 88 FR 29084 (May 5, 2023), and accompanying Preliminary Decision Memorandum at 33, unchanged in <E T="03">Wooden Cabinets and Vanities and Components Thereof from the People's Republic of China: Final Results and Partial Recission of Countervailing Duty Administrative Review,</E> 2021, 88 FR 76732 (November 7, 2023). <SU>7</SU>  This rate is based on the rate for the respondents that were selected for individual review, excluding rates that are zero, <E T="03">de minimis,</E> or based entirely on facts available. <E T="03">See</E> section 705(c)(5)(A) of the Act. </FTNT> <GPOTABLE COLS="02" OPTS="L2,tp0,i1" CDEF="s100,20"> <CHED H="1">Producer/exporter</CHED> <CHED H="1"> Subsidy rate (percent ad valorem) </CHED> <ROW> <ENT I="01">The Ancientree Cabinet Co., Ltd </ENT> <ENT>11.99</ENT> </ROW> <ROW> <ENT I="01"> Yixing Pengjia Technology Co., Ltd  <SU>5</SU> </ENT> <ENT>0.92</ENT> </ROW> <ROW> <ENT I="01"> Jiangsu Sunwell Cabinetry Co Ltd  <ENT>163.46</ENT> </ROW> <ROW> <ENT I="01">Taizhou Overseas Trading Company Ltd </ENT> <ENT>163.46</ENT> </ROW> <ROW RUL="s"> <ENT I="01">Taishan Oversea Trading Company Ltd </ENT> <ENT>163.46</ENT> </ROW> <ROW EXPSTB="01" RUL="s"> <ENT I="21"> <E T="02">Review-Specific Average Rate Applicable to the Following Companies</E>   <SU>7</SU> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">Fujian Dushi Wooden Industry Co., Ltd </ENT> <ENT>10.92</ENT> </ROW> <ROW> <ENT I="01">Fuzhou CBM Import & Export Co., Ltd </ENT> <ENT>10.92</ENT> </ROW> <ROW> <ENT I="01">KM Cabinetry Co., Ltd </ENT> <ENT>10.92</ENT> </ROW> <ROW> <ENT I="01">Nantong Aershin Cabinet Co., Ltd </ENT> <ENT>10.92</ENT> </ROW> <ROW> <ENT I="01">Shouguang Fushi Wood Co., Ltd </ENT> <EN ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 16k characters. 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