Federal Register - January 4, 2021

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Source: Federal Register

68

Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Notices
subsidy, i.e., a financial contribution by an authority that gives rise to a benefit to the recipient, and that the subsidy is specific.7 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum.
In making this final determination, Commerce relied, in part, on facts available pursuant to section 776a of the Act. Additionally, as discussed in the Issues and Decision Memorandum, because one or more respondents did not act to the best of their ability in responding to our requests for information, we drew adverse inferences, where appropriate, in selecting from among the facts otherwise available, pursuant to section 776b of the Act. For further information, see the section Use of Facts Otherwise Available and Adverse Inferences in the accompanying Issues and Decision Memorandum.
Verification Commerce normally verifies information relied upon in making its final determination, pursuant to section 782i1 of the Act. However, during the course of this investigation, Commerce was unable to conduct on-site verification due to travel restrictions.8
Consistent with section 776a2D of the Act, Commerce relied on the information submitted on the record, where appropriate, which we used in making our Preliminary Determination, as facts available in making our final determination.
Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, we made certain changes to Yinfengs subsidy rate calculations. For a discussion of these changes, see the Issues and Decision Memorandum.
Final Determination In accordance with section 705clBi of the Act, we calculated a rate for Yinfeng, a producer/exporter of subject merchandise selected for individual examination in this investigation. Commerce assigned rates based entirely on facts otherwise available with adverse inferences pursuant to section 776 of the Act to Yuanqiao, a producer/exporter of subject merchandise selected for 7 See sections 7715B and D of the Act regarding financial contribution; section 7715E
of the Act regarding benefit; and section 7715A of the Act regarding specificity.
8 See Memorandum, Cancellation of Verification and Establishment of the Briefing Schedule, dated October 23, 2020.

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Federal Register. In the Amended Preliminary Determination, we revised the scope of the investigation, notifying parties that because certain products were henceforth excluded from the scope of the investigation, Commerce instructed CBP to terminate suspension of liquidation of those excluded products, and to refund any cash deposits previously posted with respect to them.10 However, we did not revise the estimated cash deposit rates published in the Preliminary Determination.
In accordance with section 703d of the Act, effective October 10, 2020, we instructed CBP to discontinue the suspension of liquidation of all entries at that time, but to continue the suspension of liquidation of all entries between June 12, 2020 and October 9, 2020.
If the U.S. International Trade Commission ITC issues a final affirmative injury determination, we will issue a CVD order, reinstate the suspension of liquidation and require a cash deposit of estimated CVDs for such Subsidy rate entries of subject merchandise in the Company percent amounts indicated above, in accordance with section 706a of the Act. If the ITC
Fujian Yinfeng Imp & Exp Trading Co., Ltd.9
20.56 determines that material injury, or threat of material injury, does not exist, Fujian Nanping Yuanqiao Wood Industry Co., Ltd
252.29 this proceeding will be terminated, and All Others
20.56 all estimated duties deposited or securities posted as a result of the Disclosure suspension of liquidation will be refunded or canceled.
Commerce intends to disclose to interested parties the calculations and International Trade Commission analysis performed in this final Notification determination within five days of any In accordance with section 705d of public announcement or, if there is no the Act, we will notify the ITC of our public announcement, within five days affirmative determination that of the date of the publication of this countervailable subsidies are being notice in accordance with 19 CFR
provided to producers and exporters of 351.224b.
millwork products from China. We will Continuation of Suspension of allow the ITC access to all privileged Liquidation and business proprietary information in our files, provided the ITC confirms that As a result of our Preliminary it will not disclose such information, Determination and pursuant to section either publicly or under an 703d1B and d2 of the Act, we administrative protective order APO, instructed U.S. Customs and Border Protection CBP to suspend liquidation without the written consent of the Assistant Secretary for Enforcement and of entries of subject merchandise as Compliance. Because the final described in the Scope of the determination in this proceeding is Investigation section entered, or affirmative, in accordance with section withdrawn from warehouse, for 705b of the Act, the ITC will make its consumption, effective June 12, 2020, final determination as to whether the which is the date of publication of the domestic industry in the United States Preliminary Determination in the is materially injured, or threatened with 9 As discussed in the Preliminary Determination, material injury, by reason of imports of Commerce found that Yinfeng Fujian Province millwork products from China no later Youxi City Mangrove Wood Machining Co., Ltd.
than 45 days after our final and Fujian Province Youxi City Mangrove Wood determination. If the ITC determines Machining Co., Ltd., Xicheng Branch are crossindividual examination which failed to participate on this investigation.
Section 705c5A of the Act provides that in the final determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act.
In this investigation, Commerce assigned a rate based entirely on facts available for Yuanqiao. Therefore, the only rate that is not zero, de minimis or based entirely on facts otherwise available is the rate calculated for Yinfeng. Consequently, we assigned the rate calculated for Yinfeng as the allothers rate applicable to producers and exporters not individually examined.
Commerce determines that the following estimated countervailable subsidy rates exist:

owned affiliates of mandatory respondent Yinfeng.
See Preliminary Determination, 85 FR at 35901, unchanged in the final determination.

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10 See Amended Preliminary Determination, 85
FR at 51410.

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Federal Register - January 4, 2021

TitreFederal Register

PaysÉtats-Unis

Date04/01/2021

Page count230

Edition count7801

Première édition14/03/1936

Dernière édition24/06/2026

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