Federal Register - February 9, 2021

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Source: Federal Register

Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Notices requested that Commerce simultaneously issue the initiation and preliminary results partially revoking the Orders and that it conduct these CCRs on an expedited basis.3
Scope of the Orders The merchandise covered by these Orders is hardwood plywood from China. For a complete description of the scope of the Orders, see Appendix.
Proposed Revocation of the Orders, in Part The petitioner requests that the Orders be revoked, in part, with respect to certain door stiles and rails made of LVL that have a width not to exceed 50
millimeters, a thickness not to exceed 50 millimeters, and a length of less than 2,450 millimeters.4 The petitioner further requests that Commerce specify an effective date of this partial revocation to the Orders that coincides with the preliminary determinations of the AD and CVD investigations in these proceedings, i.e., June 23, 2017, and April 25, 2017, respectively.5 Should Commerce determine to partially revoke the Orders, the petitioner proposes that Commerce amend the scope language as follows: Also excluded are laminated veneer lumber door stiles and rails that have a width not to exceed 50
millimeters, a thickness not to exceed 50 millimeters, and a length of less than 2,450 millimeters. 6

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Initiation of Changed Circumstances Reviews Pursuant to section 751b1 of the Act, and 19 CFR 351.216d, Commerce will conduct a CCR of an AD or CVD
order when it receives information which shows changed circumstances sufficient to warrant such a review.
Section 782h2 of the Act and 19 CFR
351.222g1i provide that Commerce may revoke an order in whole or in part if it determines that producers accounting for substantially all of the production of the domestic like product have no further interest in the order, in whole or in part. In the event Commerce determines that expedited action is warranted, 19 CFR 351.221c3ii permits Commerce to combine the notices of initiation and preliminary results.
Request, dated November 17, 2020; and Petitioners Letter, Hardwood Plywood Products from the Peoples Republic of China: Response to Clarification of Changed Circumstances Review and Partial Revocation Request, dated December 10, 2020 CCR Clarification Response.
3 See CCR Request at 8; and CCR Clarification Response at 7.
4 Id. at 3.
5 Id. at 6.
6 Id.

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The petitioner asserts that it accounts for substantially all 7 of the domestic production of hardwood plywood.8 We are not combining this notice of initiation with a preliminary determination, pursuant to 19 CFR
351.222c3ii, to provide interested parties with an opportunity to address the issue of domestic industry support with respect to this requested partial revocation of the Orders. Additionally, we request that interested parties notify Commerce if they have made any shipments of merchandise covered by the revocation request door stiles and rails made of LVL that have a width not to exceed 50 millimeters, a thickness not to exceed 50 millimeters, and a length of less than 2,450 millimeters that a were entered, or withdrawn from warehouse, for consumption on or after June 23, 2017, and April 25, 2017, and b are subject to ongoing litigation and enjoined from liquidation. After examining comments, if any, concerning these issues, we will issue the preliminary results of these CCRs.
Based on the petitioners affirmative statement of no interest in the Orders with respect to certain finished LVL
door stiles and rails, and because more than 24 months have passed since the publication of the Final Determinations,9 we find that the conditions warrant initiation of these CCRs.10 According to the petitioner, certain specific LVL door stiles and rails are more appropriately considered wood mouldings and/or millwork products and should not be covered by the scope of the Orders. Instead, these products should be covered by the scope of the 7 In its administrative practice, Commerce has interpreted substantially all to mean at least 85
percent of the total production of the domestic like product covered by the order. See, e.g., Supercalendered Paper from Canada: Final Results of Changed Circumstances Review and Revocation of Countervailing Duty Order, 83 FR 32268 July 12, 2018.
8 See CCR Request at 67 identifying percentage production in 2019 designated as business proprietary information; see also CCR Clarification Response.
9 See 19 CFR 351.216c; see also Certain Hardwood Plywood Products from the Peoples Republic of China: Final Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances, in Part, 82
FR 53460 November 16, 2017, and Countervailing Duty Investigation of Certain Hardwood Plywood Products from the Peoples Republic of China: Final Affirmative Determination, and Final Affirmative Critical Circumstances Determination, in Part, 82
FR 53473 November 16, 2017 collectively, Final Determinations.
10 See, e.g., Certain Cold-Rolled Steel Flat Products from Japan: Initiation and Preliminary Results of Changed Circumstances Review, and Intent to Revoke Order in Part, 82 FR 821 January 4, 2017 finding that Petitioners affirmative statement of no interest in the order . . . . .
constitutes good cause for the conduct of this review.

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AD and CVD investigations on wood mouldings and millwork products from China.11
Public Comment Interested parties are invited to provide comments and/or factual information regarding these CCRs, including comments on industry support, the proposed partial revocation language, and whether any of their entries are covered by this revocation request but enjoined from liquidation due to an injunction issued in ongoing litigation. Comments and factual information may be submitted to Commerce no later than ten days after the date of publication of this notice.
Rebuttal comments and rebuttal factual information may be filed with Commerce no later than seven days after the comments and/or factual information are filed.12 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information until further notice.13 All submissions must be filed electronically using the Enforcement and Compliances AD and CVD
Centralized Electronic Service System ACCESS. ACCESS is available to registered users at https
access.trade.gov. An electronically-filed document must be received successfully in its entirety in ACCESS by 5:00 p.m.
Eastern Time on the due date set forth in this notice.
Preliminary and Final Results of the Review Commerce intends to publish in the Federal Register a notice of the preliminary results of these AD and CVD CCRs in accordance with 19 CFR
351.221b4 and c3i, which will set forth Commerces preliminary factual and legal conclusions.
Commerce will issue its final results of these CCRs in accordance with the time limits set forth in 19 CFR 351.216e.
Notification to Interested Parties This notice is published in accordance with section 751b1 of the Act, and 19 CFR 351.221b1.
11 See Wood Mouldings and Millwork Products from the Peoples Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 63 January 4, 2021; see also Wood Mouldings and Millwork Products from the Peoples Republic of China: Final Affirmative Countervailing Duty Determination, 86 FR 67
January 4, 2021.
12 Submissions of rebuttal factual information must comply with 19 CFR 351.301b2; see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID19; Extension of Effective Period, 85 FR 41363 July 10, 2020
Temporary Rule.
13 See Temporary Rule.

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Federal Register - February 9, 2021

TitreFederal Register

PaysÉtats-Unis

Date09/02/2021

Page count169

Edition count7800

Première édition14/03/1936

Dernière édition23/06/2026

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