[Federal Register Volume 78, Number 147 (Wednesday, July 31, 2013)]
[Notices]
[Pages 46318-46319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18426]


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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 Reviews; 2012-2013

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

SUMMARY: The Department of Commerce (``Department'') has determined 
that three requests for new shipper reviews of the antidumping duty 
order on multilayered wood flooring from the People's Republic of China 
(``PRC'') meet the statutory and regulatory requirements for 
initiation. The period of review (``POR'') for two of these new shipper 
reviews is December 1, 2012, through May 31, 2013. The POR for the 
other new shipper review is December 1, 2012, through June 30, 2013.

DATES: Effective Date: July 31, 2013.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Karine Gziryan, 
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 202-482-4081, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the antidumping duty order on multilayered 
wood flooring from the PRC on December 8, 2011.\1\ On June 28, 2013, 
the Department received timely new shipper review requests from Dalian 
Huade Wood Product Co., Ltd (``Huade''), Linyi Bonn Flooring 
Manufacturing Co., Ltd. (``Bonn Flooring'') and Zhejiang Fuerjia Wooden 
Co., Ltd. (``Fuerjia'') in accordance with section 751(a)(2)(B)(i) of 
the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 
351.214(c).\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 Huade's June 28, 2013, initiation request submission to 
the Department (``Huade initiation request''), Bonn Flooring's June 
28, 2013, initiation request submission to the Department (``Bonn 
Flooring initiation request''), and Fuerjia's June 28, 2013, 
initiation request submission to the Department (``Fuerjia 
initiation request'').
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    In their submissions, Huade, Bonn Flooring and Fuerjia certified 
that they are the exporters of the subject merchandise upon which their 
respective review requests were based.\3\ Pursuant to section 
751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Huade, Bonn 
Flooring and Fuerjia certified that they did not export multilayered 
wood flooring to the United States during the period of investigation 
(``POI'').\4\ In addition, pursuant to section 751(a)(2)(B)(i)(II) of 
the Act and 19 CFR 351.214(b)(2)(iii)(A), Huade, Bonn Flooring and 
Fuerjia certified that, since the initiation of the investigation, they 
have never been affiliated with any producer or exporter that exported 
multilayered wood flooring to the United States during the POI, 
including those not individually examined during the investigation.\5\ 
As required by 19 CFR 351.214(b)(2)(iii)(B), Huade, Bonn Flooring and 
Fuerjia also certified that their export activities were not controlled 
by the central government of the PRC.\6\
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    \3\ See Huade initiation request, at Exhibit 1; see also Bonn 
Flooring initiation request, at Exhibit 2; see also Fuerjia 
initiation request, at Exhibit 1. Huade, Bonn Flooring and Fuerjia 
further stated that they were also the producers of the subject 
merchandise upon which the review requests were based.
    \4\ See id.
    \5\ See id.
    \6\ See id.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Huade, Bonn Flooring and Fuerjia submitted 
documentation establishing the following: (1) The date on which each 
company 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.\7\
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    \7\ See Huade initiation request, at 2 and Exhibits 2 and 4; see 
also Bonn Flooring initiation request, at 2 and Exhibit 1; see also 
Fuerjia initiation request, at 3 and Exhibits 2 and 4.
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    The Department conducted U.S. Customs and Border Protection 
(``CBP'') database queries and confirmed that Huade, Bonn Flooring and 
Fuerjia'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 
confirmed by examining CBP data that Bonn Flooring and Fuerjia's 
entries were made during the POR specified by the Department's 
regulations and that Huade's entry was made after the POR.\8\
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    \8\ See July 17, 2013, memoranda to the file, regarding ``U.S. 
Customs and Border Protection Data'' for Huade, Bonn Flooring and 
Fuerjia; see also Memorandum to the File entitled, ``Initiation of 
Antidumping New Shipper Review of Multilayered Wood Flooring from 
the People's Republic of China: Dalian Huade Wood Product Co., 
Ltd.'' (``Huade Initiation Checklist'') dated concurrently with this 
notice; Memorandum to the File entitled, ``Initiation of Antidumping 
New Shipper Review of Multilayered Wood Flooring from the People's 
Republic of China: Linyi Bonn Flooring Manufacturing Co., Ltd.'' 
(``Bonn Initiation Checklist'') dated concurrently with this notice; 
Memorandum to the File entitled, ``Initiation of Antidumping New 
Shipper Review of Multilayered Wood Flooring from the People's 
Republic of China: Zhejiang Fuerjia Wooden Co., Ltd.'' (``Fuerjia 
Initiation Checklist'') dated concurrently with this notice.
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Period of Review

    Pursuant to 19 CFR 351.214(c), an exporter or producer may request 
a new shipper review within one year of the date on which its subject 
merchandise was first entered. Moreover, 19 CFR 351.214(d)(1) states 
that if the request for the review is made during the six-month period 
ending with the end of the semiannual anniversary month, the Secretary 
will initiate a new shipper review in the calendar month immediately 
following the semiannual anniversary month. Further, 19 CFR 
315.214(g)(1)(i)(B) states that if the new shipper review was initiated 
in the month immediately following the semiannual anniversary month, 
the POR will be the six-month period immediately preceding the 
semiannual anniversary month. Within one year of the dates on which 
their multilayered wood flooring was first entered, Bonn Flooring and 
Fuerija made the requests for new shipper reviews in June, which is the 
semiannual anniversary month of the Order. Therefore, the Secretary 
must initiate these reviews in July and the POR is December 1, 2012, 
through May 31, 2013.

[[Page 46319]]

    In this instance, Huade's sale of subject merchandise was made 
during the POR specified by the Department's regulations, but the 
shipment entered within thirty days after the end of that POR. When the 
sale of the subject merchandise occurs within the POR specified by the 
Department's regulations, but the entry occurs after the POR, the 
specified POR may be extended unless it would be likely to prevent the 
completion of the review within the time limits set by the Department's 
regulations.\9\ Additionally, the preamble to the Department's 
regulations states that both the entry and the sale should occur during 
the POR, and that under ``appropriate'' circumstances the Department 
has the flexibility to extend the POR.\10\ The Department finds that 
extending the POR to capture this entry would not prevent the 
completion of the review within the time limits set by the Department's 
regulations. Therefore, the Department has extended the POR for the new 
shipper review of Huade by thirty days.
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    \9\ See 19 CFR 351.214(f)(2)(ii).
    \10\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27319-27320 (May 19, 1997).
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Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
and the information on the record, the Department finds that the 
requests submitted by Huade, Bonn Flooring and Fuerjia meet the 
threshold requirements for initiation of new shipper reviews for the 
shipments of multilayered wood flooring from the PRC produced and 
exported by these companies.\11\ However, if the information supplied 
by Huade, Bonn Flooring or Fuerjia 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 these new shipper reviews 
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.\12\
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    \11\ See Huade Initiation Checklist; see also Bonn Initiation 
Checklist; see also Fuerjia Initiation Checklist.
    \12\ 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 questionnaires to Huade, Bonn Flooring and 
Fuerjia, which will include a section requesting information with 
regard to these companies' export activities for separate rates 
purposes. The review of each exporter will proceed if the response 
provides sufficient indication that it 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, until the completion of 
the review, at the option of the importer, the posting of a bond or 
security in lieu of a cash deposit for each entry of the subject 
merchandise from Huade, Bonn Flooring and Fuerjia, in accordance with 
section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because 
Huade, Bonn Flooring and Fuerjia certified that they produced and 
exported the subject merchandise, the Department will apply the bonding 
privilege only for subject merchandise that the respondent both 
produced and exported.
    Interested parties requiring access to proprietary information in 
these new shipper reviews should submit applications for disclosure 
under administrative protective order in accordance with 19 CFR 351.305 
and 19 CFR 351.306.

Revised Factual Information Requirements

    On April 10, 2013, the Department published Definition of Factual 
Information and Time Limits for Submission of Factual Information: 
Final Rule, 78 FR 21246 (April 10, 2013), which modified two 
regulations related to antidumping and countervailing duty proceedings: 
the definition of factual information (19 CFR 351.102(b)(21)), and the 
time limits for the submission of factual information (19 CFR 351.301). 
The final rule identifies five categories of factual information in 19 
CFR 351.102(b)(21), which are summarized as follows: (i) Evidence 
submitted in response to questionnaires; (ii) evidence submitted in 
support of allegations; (iii) publicly available information to value 
factors under 19 CFR 351.408(c) or to measure the adequacy of 
remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the 
record by the Department; and (v) evidence other than factual 
information described in (i)-(iv). The final rule requires any party, 
when submitting factual information, to specify under which subsection 
of 19 CFR 351.102(b)(21) the information is being submitted and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. The final rule also 
modified 19 CFR 351.301 so that, rather than providing general time 
limits, there are specific time limits based on the type of factual 
information being submitted. These modifications are effective for all 
segments initiated on or after May 10, 2013. Please review the final 
rule, available at http://ia.ita.doc.gov/frn/2013/1304frn/2013-08227.txt, prior to submitting factual information in this segment.
    Any party submitting factual information in an antidumping duty or 
countervailing duty proceeding must certify to the accuracy and 
completeness of that information.\13\ Parties are hereby reminded that 
revised certification requirements are in effect for company/government 
officials as well as their representatives in all segments of any 
antidumping duty or countervailing duty proceedings initiated on or 
after March 14, 2011.\14\ The formats for the revised certifications 
are provided at the end of the Interim Final Rule. The Department 
intends to reject factual submissions in any proceeding segments 
initiated on or after March 14, 2011, if the submitting party does not 
comply with the revised certification requirements.
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    \13\ See section 782(b) of the Act.
    \14\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011) 
(``Interim Final Rule''), amending 19 CFR 351.303(g)(1) and (2).
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    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, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2013-18426 Filed 7-30-13; 8:45 am]
BILLING CODE 3510-DS-P