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AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) determines that Fujian Jinquan Trade Co., Ltd./Baiyuan Wood Machining Co., Ltd. (Jinquan/Baiyuan) and 22 non-individually examined exporters of wood mouldings and millworks products (WMMP) from the People's Republic of China (China) sold subject merchandise to the United States at prices below normal value (NV) during the period of review (POR), February 01, 2022, through January 31, 2023. Commerce also determines that Fujian Yinfeng Imp & Exp Trading Co., Ltd./Fujian Province Youxi City Mangrove Wood Machining Co., Ltd. (Yinfeng/Mangrove) did not sell subject merchandise to the United States at prices below NV during the POR. Additionally, we are rescinding this review with respect to 12 companies that had no reviewable entries of subject merchandise during the POR.
DATES:
Applicable September 18, 2024.
FOR FURTHER INFORMATION CONTACT:
Brian Smith or Hannah Lee, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1766 or (202) 482-1216, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 8, 2024, Commerce published the Preliminary Results. On June 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. The deadline for these preliminary results is now September 11, 2024. For events subsequent to the Preliminary Results, see the Issues and Decision Memorandum.
See Wood Mouldings and Millwork Products from the People's Republic of China: Preliminary Results, Intent To Rescind, in Part, and Rescission in Part, of Antidumping Duty Administrative Review; 2022-2023,89 FR 16726 (March 8, 2024) ( Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM).
See Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024.
See Memorandum, “Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review Wood Mouldings and Millwork Products from the People's Republic of China; 2022-2023,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
Scope of the Order
See Wood Mouldings and Millwork Products from the People's Republic of China: Amended Final Antidumping Duty Determination and Antidumping Duty Order,86 FR 9486 (February 16, 2021) ( Order).
The merchandise covered by the Order is wood mouldings and millwork products. A full description of the scope of the Order is contained in the Issues and Decision Memorandum.
Analysis of Comments Received
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 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 review and analysis of the comments received from the interested parties, we made one change to the Preliminary Results margin calculation for Jinquan/Baiyuan which resulted in no change to its preliminary margin or to the margin assigned to the separate rate companies.
See Memorandum, “Final Results Margin Calculation for Jinquan/Baiyuan,” dated concurrently with this notice (Jinquan/Baiyuan's Final Calculation Memorandum).
Partial Rescission
In the Preliminary Results, we stated that we intended to rescind this review with respect to 12 companies for which Customs and Border Protection (CBP) data show no entries of the subject merchandise from these companies during the POR. No party filed comments with respect to this preliminary finding and we received no information to contradict it. Therefore, we are rescinding this administrative review with respect to these companies.
See Appendix III for a list of these companies.
See Preliminary Results, 89 FR at 16726.
Rate for Non-Examined Separate Rate Respondents
The statute and our regulations do not address the establishment of a rate to be assigned to respondents not selected for individual examination when we limit our examination of companies subject to the administrative review pursuant to section 777A(c)(2)(B) of the Tariff Act of 1930, as amended (the Act). Generally, we look 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 respondents not individually examined in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally “an amount equal to the weighted average of the estimated weighted average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely {on the basis of facts available}.” Accordingly, Commerce's usual practice in determining the rate for separate-rate respondents not selected for individual examination, has been to average the weighted-average dumping margins of the selected companies, excluding rates that are zero, de minimis, or based entirely on facts available. Because in these final results of this review we calculated a dumping margin of zero for Yinfeng/Mangrove, and a dumping margin that is not zero, de minimis, or based entirely on facts available for Jinquan/Baiyuan, we assigned the separate-rate recipients a dumping margin equal to Jinquan/Baiyuan's final dumping margin consistent with Commerce's practice and section 735(c)(5)(B) of the Act.
See section 735(c)(5)(A) of the Act.
See Longkou Haimeng Mach. Co. v. United States, 581 F. Supp. 2d 1344, 1357-60 (CIT 2008) (affirming Commerce's determination to assign a 4.22 percent dumping margin to the separate-rate respondents in a segment where the three mandatory respondents received dumping margins of 4.22 percent, 0.03 percent, and zero percent, respectively); see also Certain Kitchen Appliance Shelving and Racks from the People's Republic of China: Final Determination of Sales at Less Than Fair Value,74 FR 36656, 36660 (July 24, 2009).
The China-Wide Entity
In the Preliminary Results, Commerce found that four companies did not establish eligibility for a separate rate because they did not file a timely separate rate application or a separate rate certification, as appropriate. No party filed comments with respect to this preliminary finding and we received no information to contradict it. Therefore, for these final results, we determine these four companies to be part of the China-wide entity and assigned them the dumping margin for the China-wide entity. Because no party requested a review of the China-wide entity, and Commerce no longer considers the China-wide entity as an exporter conditionally subject to administrative reviews, we did not conduct a review of the China-wide entity. Thus, the dumping margin for the China-wide entity, as adjusted for export subsidies ( i.e., 220.87 percent), is not subject to change as a result of this review.
These companies are: (1) Aventra, Inc. (Aventra); (2) China Cornici, Co. Ltd. (China Cornici); (3) Gaomi Hongtai Home Furniture Co., Ltd. (Gaomi Hongtai); and (4) and Shuyang Zhongding Decoration Materials Co., Ltd. (Shuyang Zhongding).
See Preliminary Results PDM at 13.
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, 65969-70 (November 4, 2013).
See Order, 86 FR at 9488. The weighted-average dumping margin for the China-wide entity (231.60 percent) was adjusted for export subsidies to determine the cash deposit rate (220.87 percent) for companies in the China-wide entity.
Final Results of Review
Commerce determines that the following estimated weighted-average dumping margins exist for the period February 1, 2022, through January 31, 2023:
See Appendix II.