Wood Mouldings and Millwork Products From Brazil and China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations

Published date02 September 2020
Citation85 FR 54593
Record Number2020-19368
SectionNotices
CourtInternational Trade Commission
Federal Register, Volume 85 Issue 171 (Wednesday, September 2, 2020)
[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
                [Notices]
                [Pages 54593-54595]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-19368]
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                INTERNATIONAL TRADE COMMISSION
                [Investigation Nos. 701-TA-636 and 731-TA-1469-1470 (Final)]
                Wood Mouldings and Millwork Products From Brazil and China;
                Scheduling of the Final Phase of Countervailing Duty and Antidumping
                Duty Investigations
                AGENCY: United States International Trade Commission.
                ACTION: Notice.
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                SUMMARY: The Commission hereby gives notice of the scheduling of the
                final phase of antidumping and countervailing duty investigation Nos.
                701-TA-636 and 731-TA-1469-1470 (Final) pursuant to the Tariff Act of
                1930 (``the Act'') to determine whether an industry in the United
                States is materially injured or threatened with material injury, or the
                establishment of an industry in the United States is materially
                retarded, by reason of imports of wood mouldings and millwork products
                from Brazil and China, primarily provided for in subheadings
                4409.10.40, 4409.10.45, 4409.10.50, 4409.22.40, 4409.22.50, 4409.29.41,
                and 4409.29.51 of the Harmonized Tariff Schedule of the United States,
                preliminarily determined by the Department of Commerce (``Commerce'')
                to be subsidized and sold at less-than-fair-value.
                DATES: August 12, 2020.
                FOR FURTHER INFORMATION CONTACT: Keysha Martinez (202-205-2136), Office
                of Investigations, U.S. International Trade Commission, 500 E Street
                SW, Washington, DC 20436. Hearing-impaired persons can obtain
                information on this matter by contacting the Commission's TDD terminal
                on 202-205-1810. Persons with mobility impairments who will need
                special assistance in gaining access to the Commission should contact
                the Office of the Secretary at 202-205-2000. General information
                concerning the Commission may also be obtained by accessing its
                internet server (https://www.usitc.gov). The public record for these
                investigations may be viewed on the Commission's electronic docket
                (EDIS) at https://edis.usitc.gov.
                SUPPLEMENTARY INFORMATION:
                 Scope.--For purposes of these investigations, Commerce has defined
                the subject merchandise as ``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 these investigations 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 these investigations 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 fingerjointed 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 investigations if performed in the
                country of manufacture of the in-scope product.
                 Excluded from the scope of these investigations 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 does not apply to screen/``surfaced on 4
                sides'' (S4S) and/or ``surface 1 side, 2 edges'' (S1S2E) stock (also
                called boards) that are finger-jointed, edge-glued mouldings, or
                millwork blanks (whether or not resawn).
                 Excluded from the scope of these investigations are all products
                covered by the scope of the antidumping duty order on Hardwood Plywood
                from the People's Republic of China. See Certain Hardwood Plywood
                Products from the People's Republic of China: Amended Final
                Determination of Sales at Less Than Fair Value, and Antidumping Duty
                Order, 83 FR 504 (January 4, 2018). Excluded from the scope of these
                investigations are all products covered by the scope of the antidumping
                duty order on Multilayered Wood Flooring from the People's Republic of
                China. See Multilayered Wood Flooring from
                [[Page 54594]]
                the People's Republic of China: Amended Final Determination of Sales at
                Less Than Fair Value and Antidumping Duty Order, 76 FR 76690 (December
                8, 2011).
                 Excluded from the scope of these investigations are all products
                covered by the scope of the antidumping duty order on Wooden Cabinets
                and Vanities from the People's Republic of China. See Wooden Cabinets
                and Vanities and Components Thereof from the People's Republic of
                China: Antidumping Duty Order, 85 FR 22126 (April 21, 2020).
                 Excluded from the scope of these investigations are all products
                covered by the scope of the antidumping duty order on Wooden Bedroom
                Furniture from the People's Republic of China. See Notice of Amended
                Final Determination of Sales at Less Than Fair Value and Antidumping
                Duty Order: Wooden Bedroom Furniture from the People's Republic of
                China, 70 FR 329 (January 4, 2005).''
                 Background.--The final phase of these investigations is being
                scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
                1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
                preliminary determinations by Commerce that certain benefits which
                constitute subsidies within the meaning of Sec. 703 of the Act (19
                U.S.C. 1671b) are being provided to manufacturers, producers, or
                exporters in China of wood mouldings and millwork products, and that
                such products are being sold in the United States at less than fair
                value within the meaning of Sec. 733 of the Act (19 U.S.C. 1673b). The
                investigations were requested in petitions filed on January 8, 2020, by
                the Coalition of American Millwork Producers (Bright Wood Corporation,
                Madras, Oregon; Cascade Wood Products, Inc., White City, Oregon; Endura
                Products, Inc., Colfax, North Carolina; Sierra Pacific Industries, Red
                Bluff, California; Sunset Moulding, Live Oak, California; Woodgrain
                Millwork Inc., Fruitland, Idaho; and Yuba River Moulding, Yuba City,
                California).
                 For further information concerning the conduct of this phase of the
                investigations, hearing procedures, and rules of general application,
                consult the Commission's Rules of Practice and Procedure, part 201,
                subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
                CFR part 207).
                 Although Commerce has preliminarily determined that imports of wood
                mouldings and millwork products from Brazil are not being and are not
                likely to be sold in the United States at less than fair value, for
                purposes of efficiency the Commission hereby waives rule 207.21(b) \1\
                so that the final phase of the investigations may proceed concurrently
                in the event that Commerce makes a final affirmative determination with
                respect to such imports.
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                 \1\ Sec. 207.21(b) of the Commission's rules provides that,
                where Commerce has issued a negative preliminary determination, the
                Commission will publish a Final Phase Notice of Scheduling upon
                receipt of an affirmative final determination from Commerce.
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                 Participation in the investigations and public service list.--
                Persons, including industrial users of the subject merchandise and, if
                the merchandise is sold at the retail level, representative consumer
                organizations, wishing to participate in the final phase of these
                investigations as parties must file an entry of appearance with the
                Secretary to the Commission, as provided in Sec. 201.11 of the
                Commission's rules, no later than 21 days prior to the hearing date
                specified in this notice. A party that filed a notice of appearance
                during the preliminary phase of the investigations need not file an
                additional notice of appearance during this final phase. The Secretary
                will maintain a public service list containing the names and addresses
                of all persons, or their representatives, who are parties to the
                investigations.
                 Limited disclosure of business proprietary information (BPI) under
                an administrative protective order (APO) and BPI service list.--
                Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
                will make BPI gathered in the final phase of these investigations
                available to authorized applicants under the APO issued in the
                investigations, provided that the application is made no later than 21
                days prior to the hearing date specified in this notice. Authorized
                applicants must represent interested parties, as defined by 19 U.S.C.
                1677(9), who are parties to the investigations. A party granted access
                to BPI in the preliminary phase of the investigations need not reapply
                for such access. A separate service list will be maintained by the
                Secretary for those parties authorized to receive BPI under the APO.
                 Staff report.--The prehearing staff report in the final phase of
                these investigations will be placed in the nonpublic record on December
                8, 2020, and a public version will be issued thereafter, pursuant to
                Sec. 207.22 of the Commission's rules.
                 Hearing.--The Commission will hold a hearing in connection with the
                final phase of these investigations beginning at 9:30 a.m. on Tuesday,
                December 22, 2020. Information about the place and form of the hearing,
                including about how to participate in and/or view the hearing, will be
                posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. Interested parties should check the
                Commission's website periodically for updates.
                 Requests to appear at the hearing should be filed in writing with
                the Secretary to the Commission on or before December 16, 2020. A
                nonparty who has testimony that may aid the Commission's deliberations
                may request permission to present a short statement at the hearing. All
                parties and nonparties desiring to appear at the hearing and make oral
                presentations should participate in a prehearing conference to be held
                on December 18, 2020, at the U.S. International Trade Commission
                Building, if deemed necessary. Oral testimony and written materials to
                be submitted at the public hearing are governed by Sec. Sec.
                201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties
                must submit any request to present a portion of their hearing testimony
                in camera no later than 7 business days prior to the date of the
                hearing.
                 Written submissions.--Each party who is an interested party shall
                submit a prehearing brief to the Commission. Prehearing briefs must
                conform with the provisions of Sec. 207.23 of the Commission's rules;
                the deadline for filing is December 15, 2020. Parties may also file
                written testimony in connection with their presentation at the hearing,
                as provided in Sec. 207.24 of the Commission's rules, and posthearing
                briefs, which must conform with the provisions of Sec. 207.25 of the
                Commission's rules. The deadline for filing posthearing briefs is
                December 31, 2020. In addition, any person who has not entered an
                appearance as a party to the investigations may submit a written
                statement of information pertinent to the subject of the
                investigations, including statements of support or opposition to the
                petition, on or before December 31, 2020. On January 15, 2021, the
                Commission will make available to parties all information on which they
                have not had an opportunity to comment. Parties may submit final
                comments on this information on or before January 20, 2021, but such
                final comments must not contain new factual information and must
                otherwise comply with Sec. 207.30 of the Commission's rules. All
                written submissions must conform with the provisions of Sec. 201.8 of
                the Commission's rules; any submissions that contain BPI must also
                conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
                the Commission's rules. The Commission's Handbook on Filing
                [[Page 54595]]
                Procedures, available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates
                upon the Commission's procedures with respect to filings.
                 Additional written submissions to the Commission, including
                requests pursuant to Sec. 201.12 of the Commission's rules, shall not
                be accepted unless good cause is shown for accepting such submissions,
                or unless the submission is pursuant to a specific request by a
                Commissioner or Commission staff.
                 In accordance with Sec. Sec. 201.16(c) and 207.3 of the
                Commission's rules, each document filed by a party to the
                investigations must be served on all other parties to the
                investigations (as identified by either the public or BPI service
                list), and a certificate of service must be timely filed. The Secretary
                will not accept a document for filing without a certificate of service.
                 Authority: These investigations are being conducted under authority
                of title VII of the Tariff Act of 1930; this notice is published
                pursuant to Sec. 207.21 of the Commission's rules.
                 By order of the Commission.
                 Issued: August 28, 2020.
                Lisa Barton,
                Secretary to the Commission.
                [FR Doc. 2020-19368 Filed 9-1-20; 8:45 am]
                BILLING CODE 7020-02-P
                

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