[Federal Register Volume 78, Number 99 (Wednesday, May 22, 2013)]
[Notices]
[Page 30329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12153]



[[Page 30329]]

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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-476 and 731-TA-1179 (Final) (Remand)]


Multilayered Wood Flooring from China

AGENCY: United States International Trade Commission.

ACTION: Notice of remand proceedings

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SUMMARY: The U.S. International Trade Commission (``Commission'') 
hereby gives notice of the court-ordered remand of its final 
determinations in Investigation Nos. 701-TA-476 and 731-TA-1179 (Final) 
concerning multilayered wood flooring (``MLWF'') from China. For 
further information concerning the conduct of these remand proceedings 
and rules of general application, consult the Commission's Rules of 
Practice and Procedure, part 201, subparts A through E (19 CFR part 
201), and part 207, subpart A (19 CFR part 207).

DATES: Effective Date: May 17, 2013.

FOR FURTHER INFORMATION CONTACT: Fred Ruggles, Office of 
Investigations, telephone 202-205-3187, 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 (http://www.usitc.gov). The public record 
for these investigations may be viewed on the Commission's electronic 
docket (``EDIS'') at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background. In December 2011, the Commission determined by a vote 
of four to two that an industry in the United States was materially 
injured by reason of imports of MLWF from China that were sold in the 
United States at less-than-fair value and subsidized by the Government 
of China. Swiff-Train Co.; Metropolitan Hardwood Floors, Inc.; BR 
Custom Surface; Real Wood Floors, LLC; Galleher Corp.; and DPR 
International, LLC, U.S. importers of the subject merchandise from 
China, contested the Commission's determination before the U.S. Court 
of International Trade (``CIT''). The CIT remanded certain issues to 
the Commission and affirmed all other aspects of the Commission's 
determinations. Swiff-Train Co. et al. v. United States, Slip. Op. 13-
38 at 2, 19-20 (Ct. Int'l Trade Mar. 20, 2013).
    Participation in the proceeding. Only those persons who were 
interested parties to the original investigations (i.e., persons listed 
on the Commission Secretary's service list) and participated in the 
appeal proceedings before the CIT may participate in the remand 
proceedings. Such persons need not re-file their appearance notices or 
protective order applications to participate in the remand proceedings. 
Business proprietary information (``BPI'') referred to during the 
remand proceedings will be governed, as appropriate, by the 
administrative protective order issued in the original investigations. 
The Secretary will maintain a service list containing the names and 
addresses of all persons or their representatives who are parties to 
the remand proceedings, and the Secretary will maintain a separate list 
of those authorized to receive BPI under the administrative protective 
order during the remand proceedings.
    Written submissions. As directed by the Court, the Commission is 
reopening the record in these remand proceedings for the limited 
purpose of issuing U.S. producer questionnaires to U.S. plywood 
manufacturers and obtaining their responses. The Commission is not 
otherwise reopening the record for the collection of new factual 
information. On June 28, 2013, the Commission will make available any 
new factual information obtained during the remand proceedings not 
already served to parties to the investigations (as identified by the 
public or BPI service list). The Commission will permit the parties to 
file written comments on any new factual information obtained during 
the remand proceedings and on the CIT's instructions for the Commission 
on remand
    1. to analyze and reconsider ``its decision not to investigate 
domestic producers of hardwood plywood used for flooring''
    2. to ``make findings on the issue of price suppression/price 
depression''
    3. to further explain ``the impact the subject imports had on the 
domestic industry in light of {the{time}  collapse of the housing 
market during the period of investigation'' and
    4. to ``re-evaluate whether the subject imports were the `but-for' 
cause of material injury to the domestic industry.''
Comments should be limited to no more than fifteen (15) double-spaced 
and single-sided pages of textual material, inclusive of appendices or 
other such attachments. The parties may not submit any new factual 
information in their comments and may not address any issue other than 
those identified above. Any such comments must be filed with the 
Commission no later than July 12, 2013.
    Parties are advised to consult with the Commission's Rules of 
Practice and Procedure, part 201, subparts A through E (19 CFR part 
201), and part 207, subpart A (19 CFR part 207) for provisions of 
general applicability concerning written submissions to the Commission. 
All written submissions, including those that contain BPI, must conform 
to the Commission's rules. Please be aware that the Commission's rules 
with respect to electronic filing have been amended. The amendments 
took effect on November 7, 2011. See 76 FR 61937 (Oct. 6, 2011) and the 
newly revised Commission Handbook on E-Filing, available on the 
Commission's Web site at http://edis.usitc.gov.
    Additional written submissions to the Commission, including 
requests pursuant to section 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 sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigation must be 
served on all other parties to the investigation (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.

    Issued: May 17, 2013.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-12153 Filed 5-21-13; 8:45 am]
BILLING CODE 7020-02-P