[Federal Register Volume 85, Number 156 (Wednesday, August 12, 2020)]
[Notices]
[Pages 48667-48669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17638]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-853]
Wood Mouldings and Millwork Products From Brazil: Preliminary
Negative Determination of Sales at Less Than Fair Value and
Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that wood mouldings and millwork products (millwork products) from
Brazil are not being, or are not likely to be, sold in the United
States at less than fair value (LTFV). The period of investigation
(POI) is January 1, 2019 through December 31, 2019. Interested parties
are invited to comment on this preliminary determination.
DATES: Applicable August 12, 2020.
FOR FURTHER INFORMATION CONTACT: George Ayache or Suzanne Lam, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-2623 or (202)
482-0783, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on February 5,
2020.\1\ On May 26, 2020, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
August 5, 2020.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics included in the Preliminary
Decision Memorandum is included as Appendix II to this notice. 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. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at http://enforcement.trade.gov/frn/. The signed
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
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\1\ See Wood Mouldings and Millwork Products from Brazil and the
People's Republic of China: Initiation of Less-Than-Fair-Value
Investigations, 85 FR 6502 (February 5, 2020) (Initiation Notice).
\2\ See Wood Mouldings and Millwork Products from Brazil and the
People's Republic of China: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 85 FR
31459 (May 26, 2020).
\3\ See Memorandum, ``Wood Mouldings and Millwork Products from
Brazil: Decision Memorandum for the Preliminary Negative
Determination in the Less-Than-Fair-Value Investigation,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are millwork products
from Brazil. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice, as well as additional language proposed by
Commerce. For a summary of the product coverage comments and rebuttal
responses submitted to the record for this investigation, and
accompanying discussion and analysis of all comments timely received,
see the Preliminary Scope Decision Memorandum.\6\ Commerce is
preliminarily modifying the scope language as it appeared in the
Initiation Notice. See the revised scope in Appendix I to this notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
\6\ See Memorandum, ``Wood Mouldings and Millwork Products from
Brazil and the People's Republic of China: Preliminary Scope
Decision Memorandum,'' dated concurrently with this preliminary
determination (Preliminary Scope Decision Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Normal value is calculated
in accordance with section 773 of the Act. For a full description of
the methodology underlying Commerce's preliminary determination, see
the Preliminary Decision Memorandum.
Preliminary Determination
For this preliminary determination, Commerce calculated a zero
estimated weighted-average dumping margin for the individually examined
producer and/or exporter of the subject merchandise. Consistent with
section 733(b)(3) of the Act, Commerce disregards de minimis rates and
preliminarily determines that the individually examined respondent with
a de minimis rate has not made sales of subject merchandise at LTFV
during the POI.
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Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Araupel S.A./Braslumber Industria de Molduras Ltda./BrasPine 0.00
Madeiras Ltda.\7\..........................................
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Consistent with section 733(d) of the Act, Commerce has not
calculated an estimated weighted-average dumping margin for all other
producers and exporters, because it has not made an affirmative
preliminary determination of sales at LTFV.
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\7\ Commerce preliminarily determines that Araupel S.A.,
Braslumber Industria de Molduras Ltda., and Braspine Madeiras Ltda.
are a single entity. See Preliminary Decision Memorandum; see also
Memorandum, ``Less-Than-Fair-Value Investigation of Wood Mouldings
and Millwork Products from Brazil: Preliminary Affiliation and
Collapsing Determination for Araupel S.A., Braslumber Industria de
Molduras Ltda., and Braspine Madeiras Ltda.,'' dated August 5, 2020.
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Suspension of Liquidation
Because Commerce has made a negative preliminary determination of
sales at LTFV with regard to subject merchandise, Commerce will not
direct U.S. Customs and Border Protection to suspend liquidation or to
require a cash deposit of estimated antidumping duties for any such
entries.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
All interested parties will have the opportunity to submit case and
rebuttal briefs on the preliminary scope determination. The deadline to
submit
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these comments will be no later than 30 days after the publication of
this preliminary determination. Scope rebuttal briefs (which are
limited to issues raised in the scope briefs) may be submitted no later
than seven days after the deadline for the scope briefs. For all scope
briefs and rebuttals thereto, parties must file identical documents
simultaneously on the records of all the ongoing AD and CVD millwork
products investigations. No new factual information or business
proprietary information may be included in either scope briefs or
rebuttal scope briefs.
Case briefs or other written comments regarding non-scope matters
may be submitted to the Assistant Secretary for Enforcement and
Compliance no later than seven days after the date on which the last
verification report is issued in this investigation. Rebuttal briefs,
limited to issues raised in case briefs, may be submitted no later than
seven days after the deadline date for case briefs.\8\ Note that
Commerce has modified certain of its requirements for serving documents
containing business proprietary information until further notice.\9\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this investigation 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.
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\8\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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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 date of publication of this notice. Requests should contain
the party's name, address, and 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 the date and time of the hearing two
days before the scheduled date.
Postponement of Final Determination
Section 735(a)(2)(B) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of a
negative preliminary determination, a request for such postponement is
made by the petitioner. On July 9, 2020, the petitioner requested that
Commerce postpone the final determination.\10\ In accordance with
section 735(a)(2)(B) of the Act, because the preliminary determination
is negative, and the petitioner has requested the postponement of the
final determination, Commerce is postponing the final determination.
Accordingly, Commerce will make its final determination by no later
than 135 days after the date of publication of this preliminary
determination, pursuant to section 735(a)(2) of the Act.
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\10\ See Petitioner's Letter, ``Wood Mouldings and Millwork
Products from Brazil: Petitioner's Request for Postponement of the
Final Determination,'' dated July 9, 2020.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine 75 days after the final determination whether these imports
are materially injuring, or threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: August 5, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to this investigation consists of wood
mouldings and millwork products that are made of wood (regardless of
wood species), bamboo, laminated veneer lumber (LVL), or of wood and
composite materials (where the composite materials make up less than
50 percent of the total merchandise), and which are continuously
shaped wood or finger-jointed or edge-glued moulding or millwork
blanks (whether or not resawn). The merchandise subject to this
investigation can be continuously shaped along any of its edges,
ends, or faces.
The percentage of composite materials contained in a wood
moulding or millwork product is measured by length, except when the
composite material is a coating or cladding. Wood mouldings and
millwork products that are coated or clad, even along their entire
length, with a composite material, but that are otherwise comprised
of wood, LVL, or wood and composite materials (where the non-coating
composite materials make up 50 percent or less of the total
merchandise) are covered by the scope.
The merchandise subject to this investigation consists of wood,
LVL, bamboo, or a combination of wood and composite materials that
is continuously shaped throughout its length (with the exception of
any endwork/dados), profiled wood having a repetitive design in
relief, similar milled wood architectural accessories, such as
rosettes and plinth blocks, and finger-jointed or edge-glued
moulding or millwork blanks (whether or not resawn). The scope
includes continuously shaped wood in the forms of dowels, building
components such as interior paneling and jamb parts, and door
components such as rails, stiles, interior and exterior door frames
or jambs (including split, flat, stop applied, single- or double-
rabbeted), frame or jamb kits, and packaged door frame trim or
casing sets, whether or not the door components are imported as part
of a door kit or set.
The covered products may be solid wood, laminated, finger-
jointed, edge-glued, face-glued, or otherwise joined in the
production or remanufacturing process and are covered by the scope
whether imported raw, coated (e.g., gesso, polymer, or plastic),
primed, painted, stained, wrapped (paper or vinyl overlay), any
combination of the aforementioned surface coatings, treated, or
which incorporate rot-resistant elements (whether wood or
composite). The covered products are covered by the scope whether or
not any surface coating(s) or covers obscures the grain, textures,
or markings of the wood, whether or not they are ready for use or
require final machining (e.g., endwork/dado, hinge/strike machining,
weatherstrip or application thereof, mitre) or packaging.
All wood mouldings and millwork products are included within the
scope even if they are trimmed; cut-to-size; notched; punched;
drilled; or have undergone other forms of minor processing.
Subject merchandise also includes wood mouldings and millwork
products that have been further processed in a third country,
including but not limited to trimming, cutting, notching, punching,
drilling, coating, 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.
Excluded from the scope of this investigation are countertop/
butcherblocks, exterior fencing, exterior decking and exterior
siding products (including solid wood siding, non-wood siding (e.g.,
composite or cement), and shingles) that are not LVL or finger
jointed; finished and unfinished doors; flooring; parts of stair
steps (including newel posts, balusters, easing, gooseneck, risers,
treads, rail fittings and stair stringers); picture frame components
three feet and under in individual lengths; and lumber whether
solid, finger-jointed, or edge-glued. To be excluded from the scope,
finger-jointed or edge-glued lumber must have a nominal thickness
greater than 1.5 inches and a certification stamp from an American
Lumber Standard Committee-certified grading bureau. The exclusion
for lumber whether solid, finger-jointed, or edge-glued
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does not apply to screen/``surfaced on 4 sides'' (S4S) and/or
``surface 1 side, 2 edges'' (SlS2E) stock (also called boards) that
are finger-jointed, edge-glued mouldings, or millwork blanks
(whether or not resawn).
Imports of wood mouldings and millwork products are primarily
entered under the following Harmonized Tariff Schedule of the United
States (HTSUS) numbers: 4409.10.4010, 4409.10.4090, 4409.10.4500,
4409.10.5000, 4409.22.4000, 4409.22.5000, 4409.29.4100, and
4409.29.5100. Imports of wood mouldings and millwork products may
also enter under HTSUS numbers: 4409.10.6000, 4409.10.6500,
4409.22.6000, 4409.22.6500, 4409.29.6100, 4409.29.6600,
4418.20.4000, 4418.20.8030, 4418.20.8060, 4418.99.9095 and
4421.99.9780. While the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Affiliation/Single Entity
V. Discussion of the Methodology
VI. Currency Conversion
VII. Conclusion
[FR Doc. 2020-17638 Filed 8-11-20; 8:45 am]
BILLING CODE 3510-DS-P