[Federal Register Volume 77, Number 23 (Friday, February 3, 2012)]
[Notices]
[Pages 5484-5485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2506]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970, C-570-971]


Multilayered Wood Flooring From the People's Republic of China: 
Amended Antidumping and Countervailing Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') is issuing 
amended antidumping (``AD'') and countervailing duty (``CVD'') orders 
on multilayered wood flooring from the People's Republic of China 
(``PRC'') to remove an incorrect Harmonized Tariff Schedule of the 
United States (``HTSUS'') number from the scope of the orders.

DATES: Effective Date: February 3, 2012.

FOR FURTHER INFORMATION CONTACT: Joshua Morris, AD/CVD Operations, 
Office 1; Erin Kearney, Brandon Farlander, or Charles Riggle, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1779, (202) 482-0167, (202) 482-0182, or (202) 482-0650, respectively.

Background

    Following affirmative final determinations by the Department and 
the International Trade Commission, the Department published AD and CVD 
orders on multilayered wood flooring from the PRC on December 8, 2011. 
See Multilayered Wood Flooring From 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) (``AD Order'') 
and Multilayered Wood Flooring From the People's Republic of China: 
Countervailing Duty Order, 76 FR 76693 (December 8, 2011) (``CVD 
Order''). Subsequently, the Department discovered that a non-existent 
HTSUS number (specifically, HTSUS number 4412.31.3175) was listed in 
the scope of the AD Order and CVD Order.

[[Page 5485]]

Scope of the Orders

    Multilayered wood flooring is composed of an assembly of two or 
more layers or plies of wood veneer(s) \1\ in combination with a core. 
The several layers, along with the core, are glued or otherwise bonded 
together to form a final assembled product. Multilayered wood flooring 
is often referred to by other terms, e.g., ``engineered wood flooring'' 
or ``plywood flooring.'' Regardless of the particular terminology, all 
products that meet the description set forth herein are intended for 
inclusion within the definition of subject merchandise.
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    \1\ A ``veneer'' is a thin slice of wood, rotary cut, sliced or 
sawed from a log, bolt or flitch. Veneer is referred to as a ply 
when assembled.
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    All multilayered wood flooring is included within the definition of 
subject merchandise, without regard to: Dimension (overall thickness, 
thickness of face ply, thickness of back ply, thickness of core, and 
thickness of inner plies; width; and length); wood species used for the 
face, back and inner veneers; core composition; and face grade. 
Multilayered wood flooring included within the definition of subject 
merchandise may be unfinished (i.e., without a finally finished surface 
to protect the face veneer from wear and tear) or ``prefinished'' 
(i.e., a coating applied to the face veneer, including, but not 
exclusively, oil or oil-modified or water-based polyurethanes, ultra-
violet light cured polyurethanes, wax, epoxy-ester finishes, moisture-
cured urethanes and acid-curing formaldehyde finishes.) The veneers may 
be also soaked in an acrylic-impregnated finish. All multilayered wood 
flooring is included within the definition of subject merchandise 
regardless of whether the face (or back) of the product is smooth, wire 
brushed, distressed by any method or multiple methods, or hand-scraped. 
In addition, all multilayered wood flooring is included within the 
definition of subject merchandise regardless of whether or not it is 
manufactured with any interlocking or connecting mechanism (for 
example, tongue-and-groove construction or locking joints). All 
multilayered wood flooring is included within the definition of the 
subject merchandise regardless of whether the product meets a 
particular industry or similar standard.
    The core of multilayered wood flooring may be composed of a range 
of materials, including but not limited to hardwood or softwood veneer, 
particleboard, medium-density fiberboard, high-density fiberboard 
(``HDF''), stone and/or plastic composite, or strips of lumber placed 
edge-to-edge.
    Multilayered wood flooring products generally, but not exclusively, 
may be in the form of a strip, plank, or other geometrical patterns 
(e.g., circular, hexagonal). All multilayered wood flooring products 
are included within this definition regardless of the actual or nominal 
dimensions or form of the product.
    Specifically excluded from the scope are cork flooring and bamboo 
flooring, regardless of whether any of the sub-surface layers of either 
flooring are made from wood. Also excluded is laminate flooring. 
Laminate flooring consists of a top wear layer sheet not made of wood, 
a decorative paper layer, a core-layer of HDF, and a stabilizing bottom 
layer.
    Imports of the subject merchandise are provided for under the 
following subheadings of the HTSUS: 4412.31.0520; 4412.31.0540; 
4412.31.0560; 4412.31.2510; 4412.31.2520; 4412.31.4040; 4412.31.4050; 
4412.31.4060; 4412.31.4070; 4412.31.5125; 4412.31.5135; 4412.31.5155; 
4412.31.5165; 4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540; 
4412.32.0560; 4412.32.2510; 4412.32.2520; 4412.32.3125; 4412.32.3135; 
4412.32.3155; 4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.5600; 
4412.39.1000; 4412.39.3000; 4412.39.4011; 4412.39.4012; 4412.39.4019; 
4412.39.4031; 4412.39.4032; 4412.39.4039; 4412.39.4051; 4412.39.4052; 
4412.39.4059; 4412.39.4061; 4412.39.4062; 4412.39.4069; 4412.39.5010; 
4412.39.5030; 4412.39.5050; 4412.94.1030; 4412.94.1050; 4412.94.3105; 
4412.94.3111; 4412.94.3121; 4412.94.3131; 4412.94.3141; 4412.94.3160; 
4412.94.3171; 4412.94.4100; 4412.94.5100; 4412.94.6000; 4412.94.7000; 
4412.94.8000; 4412.94.9000; 4412.94.9500; 4412.99.0600; 4412.99.1020; 
4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120; 4412.99.3130; 
4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170; 4412.99.4100; 
4412.99.5100; 4412.99.5710; 4412.99.6000; 4412.99.7000; 4412.99.8000; 
4412.99.9000; 4412.99.9500; 4418.71.2000; 4418.71.9000; 4418.72.2000; 
and 4418.72.9500.
    While HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the subject merchandise is 
dispositive.

Amended AD and CVD Orders

    A ministerial error is defined as ``an error in addition, 
subtraction, or other arithmetic function, clerical error resulting 
from inaccurate copying, duplication, or the like, and any other 
similar type of unintentional error which the Secretary considers 
ministerial.'' See 19 CFR 351.224(f); see also sections 705(e) and 
735(e) of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 
351.224(c). HTSUS number 4412.31.3175, which was originally listed in 
the scope of the petition, does not exist in the schedule. The 
inclusion of this number in the scope of these orders was an 
inadvertent ministerial error within the meaning of 19 CFR 351.224(f). 
Accordingly, this notice amends the AD Order and CVD Order with respect 
to the scope of the orders, by removing the non-existent HTSUS number.
    These amended orders are issued and published in accordance with 
sections 736(a) and 706(a) of the Act, 19 CFR 351.224(e) and 19 CFR 
351.211.

     Dated: January 26, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-2506 Filed 2-2-12; 8:45 am]
BILLING CODE 3510-DS-P