The U.S. Department of Commerce (Commerce) preliminarily determines that certain hardwood plywood products and veneered panels (hardwood plywood) exported from the Socialist Republic of Vietnam (Vietnam), which were assembled in Vietnam using hardwood plywood inputs sourced from the People's Republic of China (China) are products of China and are subject to the antidumping duty (AD) and countervailing duty (CVD) orders on hardwood plywood from China. Additionally, Commerce preliminarily determines that certain hardwood plywood assembled in Vietnam using hardwood plywood inputs sourced from China are circumventing the AD and CVD orders on hardwood plywood from China.
DATES:Applicable July 29, 2022.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2018, Commerce issued the Orders on imports of hardwood plywood from China.[1] On February 25, 2020, the Coalition for Fair Trade in Hardwood Plywood (the petitioner) alleged that imports of hardwood plywood that was assembled in Vietnam using core veneers, multi-ply core veneered panels, and/or veneer core platforms sourced from China are circumventing the Orders.[2] In their allegation, the petitioner requested that Commerce issue a scope ruling that certain hardwood plywood completed in Vietnam using hardwood plywood inputs manufactured in China, and imported into the United States as Vietnamese-origin plywood is within the scope of the Orders. In the alternative, the petitioner requested that Commerce initiate an anti-circumvention inquiry, pursuant to section 781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(h),[3] to determine whether these products constitute merchandise completed or assembled in a third country that is circumventing, and should be included within, the scope of the Orders.
On June 17, 2020, Commerce published in the Federal Register the notice of initiation of these scope and anti-circumvention inquiries.[4] In that notice Commerce explained that it intended to examine the scope inquiry request filed by the petitioner under 19 CFR 351.225(c) as part of this anti-circumvention inquiry, and that we will make a final finding with regard to the scope inquiry to determine whether any of the production scenarios identified by the petitioner are already properly considered subject to the scope of the Orders.[5]
On April 15, 2022, Commerce extended the deadline to issue a final determination in these inquiries to October 17, 2022.[6] For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.[7] A list of topics included in the Preliminary Decision Memorandum is included as Appendix I 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.
Scope Of The Orders
The products subject to these Orders are hardwood and decorative plywood, and certain veneered panels. For a full description of the scope, see the Preliminary Decision Memorandum.
Merchandise Subject To The Scope And Anti-Circumvention Inquiries
These scope and anti-circumvention inquiries cover hardwood plywood exported to the United States that was completed in Vietnam using: (1) face/back veneers and assembled core components ( e.g., veneer core platforms) manufactured in China; (2) fully assembled veneer core platforms manufactured in China and face/back veneer produced in Vietnam or third countries; (3) multi-ply panels of glued core veneers manufactured in China and combined in Vietnam to produce veneer core platforms and combined with either face and/or back veneer produced in China, Vietnam, or a third country; (4) face/back veneers and individual core veneers produced in China; and (5) individual core veneers manufactured in China and processed into a veneer core platform [8] in Vietnam and combined with face/back veneer produced in Vietnam or a third country.
