[Federal Register Volume 77, Number 147 (Tuesday, July 31, 2012)]
[Notices]
[Pages 45336-45337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18675]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Multilayered Wood Flooring From the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has determined 
that a request for a new shipper review (``NSR'') of the antidumping 
duty order on multilayered wood flooring from the People's Republic of 
China (``PRC'') meets the statutory and regulatory requirements for 
initiation. The period of review (``POR'') for this NSR is May 26, 
2011, through May 31, 2012.

DATES: Effective Date: July 31, 2012.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Erin Kearney, 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: 202-482-0182 
or 202-482-0167, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on multilayered 
wood flooring from the PRC was published in the Federal Register on 
December 8, 2011.\1\ On June 28, 2012, pursuant to section 
751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (``Act''), and 19 
CFR 351.214(b), the Department received an NSR request from Power Dekor 
Group Co., Ltd. (``Power Dekor''). Power Dekor's request was made in 
June 2012, which is the semiannual anniversary month of the order.\2\
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    \1\ 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) 
(``Order'').
    \2\ See 19 CFR 351.214(d).
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    In its submission, Power Dekor certified that it is the exporter of 
the subject merchandise upon which the request was based. Pursuant to 
section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), 
Power Dekor certified that it did not export multilayered wood flooring 
to the United States during the period of investigation (``POI''). 
Further, pursuant to 19 CFR 351.214(b)(2)(ii)(B), Guangzhou Homebon 
Timber Manufacturing Co., Ltd. (``Guangzhou Homebon''), the producer of 
subject merchandise exported by Power Dekor, certified that it did not 
export subject merchandise to the United States during the POI. 
Pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), Power Dekor and Guangzhou Homebon certified 
that, since the initiation of the investigation, they have not been 
affiliated with a PRC exporter or producer who exported multilayered 
wood flooring to the United States during the POI, including those not 
individually examined during the investigation. As required by 19 CFR 
351.214(b)(2)(iii)(B), Power Dekor and Guangzhou Homebon also certified 
that their export activities were not controlled by the central 
government of the PRC.
    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Power Dekor submitted documentation establishing 
the following: (1) The date on which Power Dekor first shipped 
multilayered wood flooring for export to the United States and the date 
on which the multilayered wood flooring was first entered, or withdrawn 
from warehouse, for consumption; (2) the volume of its first shipment; 
and (3) the date of its first sale to an unaffiliated customer in the 
United States.
    The Department conducted U.S. Customs and Border Protection 
(``CBP'') database queries in an attempt to confirm that Power Dekor's 
shipments of subject merchandise had entered the United States for 
consumption and that liquidation of such entries had been properly 
suspended for antidumping duties. The Department also examined whether 
the CBP data confirmed that such entries were made during the NSR 
POR.\3\ The information which the Department examined was consistent 
with that provided by Power Dekor in its request.\4\
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    \3\ See July 25, 2012, memorandum to the file, regarding ``U.S. 
Customs and Border Protection Data.''
    \4\ See Memorandum to the File titled ``Initiation of 
Antidumping New Shipper Review of Multilayered Wood Flooring from 
the People's Republic of China: Power Dekor Group Co., Ltd.'' 
(``Initiation Checklist'') dated concurrently with this notice.
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Period of Review

    In accordance with 19 CFR 351.214(g)(1)(ii)(B), the POR for an NSR 
initiated in the month immediately following the first semiannual 
anniversary month normally will cover the period from the date of 
suspension of liquidation to the end of the month immediately preceding 
the first semiannual anniversary month. Therefore, the POR for this NSR 
is May 26, 2011, through May 31, 2012. The sales and entries into the 
United States of subject merchandise produced by Guangzhou Homebon and 
exported by Power Dekor occurred during this POR.

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
the Department finds that the request submitted by Power Dekor meets 
the threshold requirements for initiation of an NSR for the shipment of 
multilayered wood flooring from the PRC produced by Guangzhou Homebon 
and exported by Power Dekor.\5\ However, if the information supplied by 
Power Dekor is later found to be incorrect or insufficient during the 
course of this proceeding, the Department may rescind the review or 
apply adverse facts available pursuant to section 776 of the Act, 
depending upon the facts on record. The Department intends to issue the 
preliminary results of this NSR no later than 180 days from the date of 
initiation, and the final results no later than 90 days from the 
issuance of the preliminary results.\6\
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    \5\ See Initiation Checklist.
    \6\ See section 751(a)(2)(B)(iv) of the Act.
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    It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish 
eligibility for an antidumping duty rate separate from the country-wide 
rate provide evidence of de jure and de facto absence of government 
control over the company's export activities. Accordingly, the 
Department will issue a questionnaire to Power Dekor, which will 
include a section requesting information with regard to Power Dekor's 
export activities for separate rates purposes. The review will proceed 
if the response provides sufficient indication that Power Dekor is not 
subject to either de jure or de facto government control with respect 
to its export of subject merchandise.
    The Department will instruct CBP to allow, at the option of the 
importer, the posting, until the completion of the review, of a bond or 
security in lieu of a cash deposit for each entry of the subject 
merchandise from Power Dekor in accordance with section 
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Power Dekor 
certified that Guangzhou Homebon produced and Power Dekor exported the 
subject merchandise, the Department will apply the bonding privilege to 
Power Dekor for all subject merchandise produced by Guangzhou Homebon 
and exported by Power Dekor.
    To assist in its analysis of the bona fides of Power Dekor's sales, 
upon

[[Page 45337]]

initiation of this new shipper review, the Department will require 
Power Dekor to submit on an ongoing basis complete transaction 
information concerning any sales of subject merchandise to the United 
States that were made subsequent to the POR.
    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order in accordance with 19 CFR 351.305 and 19 CFR 351.306. 
This initiation and notice are in accordance with section 751(a)(2)(B) 
of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).

    Dated: July 25, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-18675 Filed 7-30-12; 8:45 am]
BILLING CODE 3510-DS-P