[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Notices]
[Pages 52502-52504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20648]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Multilayered Wood Flooring From the People's Republic of China: 
Final Results of Antidumping Duty New Shipper Review; 2011-2012

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: On May 30, 2013, the Department of Commerce (``Department'') 
published the preliminary results of an antidumping duty new shipper 
review of multilayered wood flooring (``MLWF'') from the People's 
Republic of China (``PRC'').\1\ We invited interested parties to 
comment on our preliminary results. Based on our analysis of the 
comments, we made changes to our margin calculations for this new 
shipper, Power Dekor Group Co., Ltd. (``Power Dekor''). We continue to 
find that Power Dekor did not make a sale of subject merchandise at 
less than normal value.
---------------------------------------------------------------------------

    \1\ See Multilayered Wood Flooring From the People's Republic of 
China; Preliminary Results of Antidumping Duty New Shipper Review; 
2011-2012, 78 FR 32367 (May 30, 2013) (``Preliminary Results'').

---------------------------------------------------------------------------
DATES: Effective August 23, 2013.

FOR FURTHER INFORMATION CONTACT: Trisha Tran, 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) 482-4852.

SUPPLEMENTARY INFORMATION: 

Case History

    The Department published the Preliminary Results on May 30, 
2013.\2\ On July 1, 2013, The Coalition for American Hardwood Parity 
(``Petitioner'') submitted its case brief,\3\ and on July 8, 2013, 
Power Dekor submitted its rebuttal brief.\4\
---------------------------------------------------------------------------

    \2\ Also adopted as part of the Preliminary Results was the 
Memorandum to Paul Piquado entitled ``Decision Memorandum for 
Preliminary Results of Antidumping Duty New Shipper Review: 
Multilayered Wood Flooring from the People's Republic of China,'' 
dated May 23, 2013 (``Preliminary Decision Memorandum'').
    \3\ See Letter from Petitioner entitled ``Multilayered Wood 
Flooring from China: New Shipper Review,'' dated July 1, 2013.
    \4\ See Letter from Power Dekor Group entitled ``New Shipper 
Review for Multilayered Wood Flooring from the People's Republic of 
China: Response to Petitioner's Comments,'' dated July 8, 2013.
---------------------------------------------------------------------------

Period of Review

    The period of review (``POR'') is May 26, 2011, through May 31, 
2012. This POR corresponds to the period from the date of suspension of 
liquidation to the end of the month immediately preceding the first 
semiannual anniversary month pursuant to 19 CFR 351.214(g)(1)(ii)(B).

Scope of the Order

    The merchandise covered by the order includes MLWF, subject to 
certain exceptions.\5\ The subject merchandise is currently 
classifiable under Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheadings: 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; 4412.31.4075; 4412.31.4080; 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; 4412.32.0565; 4412.32.0570; 4412.32.2510; 
4412.32.2520; 4412.32.2525; 4412.32.2530; 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; 4412.99.5105; 4412.99.5115; 4412.99.5710; 4412.99.6000; 
4412.99.7000; 4412.99.8000; 4412.99.9000; 4412.99.9500;

[[Page 52503]]

4418.71.2000; 4418.71.9000; 4418.72.2000; and 4418.72.9500.
---------------------------------------------------------------------------

    \5\ For a complete description of the Scope of the Order, see 
Memorandum to Ronald K. Lorentzen entitled ``Issues and Decision 
Memorandum for the Final Results in the Antidumping Duty New Shipper 
Review of Multilayered Wood Flooring from the People's Republic of 
China,'' dated August 16, 2013 (``Issues and Decision Memorandum'').
---------------------------------------------------------------------------

    The HTSUS subheadings are provided for convenience and customs 
purposes only; the written product description of the scope of the 
order is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this new shipper review are addressed in the Issues and Decision 
Memorandum, which is hereby adopted by this notice. A list of the 
issues which parties raised and to which we respond in the Issues and 
Decision Memorandum is attached to this notice as an Appendix. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (IA ACCESS). 
Access to IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit, Room 7046 of the 
main Department of Commerce building. In addition, a complete version 
of the Issues and Decision Memorandum can be accessed directly on the 
Internet at http://www.trade.gov/ia/. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding the Preliminary Results, we have made the 
following revisions to the margin calculations for Power Dekor:\6\
---------------------------------------------------------------------------

    \6\ For detailed information concerning all of the changes made, 
including those listed above, see Memorandum from the Department 
entitled ``New Shipper Review for Multilayered Wood Flooring from 
the People's Republic of China: Final Analysis Memo for Power Dekor 
Group Co., Ltd.,'' dated concurrently with this memorandum.
---------------------------------------------------------------------------

     We revised overhead, SG&A, and profit margin to reflect 
the exclusion of Winlex Marketing Corporations' 2011 financial 
statements.
     We revised overhead, SG&A, and profit margin to reflect 
the exclusion of Davao Panels Enterprises' 2011 financial statements.

Final Results Margin

    The Department finds that the following weighted-average dumping 
margin exists:

----------------------------------------------------------------------------------------------------------------
                                                                                             Weighted-average
                    Exporter                                    Producer                      dumping margin
                                                                                                (percent)
----------------------------------------------------------------------------------------------------------------
Power Dekor Group Co., Ltd.....................  Guangzhou Homebon Timber Manufacturing                     0.00
                                                  Co., Ltd..
----------------------------------------------------------------------------------------------------------------

Disclosure

    We intend to disclose to parties the calculations performed in this 
proceeding within five days of the date of publication of this notice 
in accordance with 19 CFR 351.224(b).

Assessment

    Upon issuance of the final results, the Department will determine, 
and U.S. Customs and Border Protection (``CBP'') shall assess, 
antidumping duties on all appropriate entries in accordance with 19 CFR 
351.212(b). The Department intends to issue assessment instructions to 
CBP 15 days after the date of publication of the final results of 
review. Where either the respondent's weighted-average dumping margin 
is zero or de minimis, or an importer-specific assessment rate is zero 
or de minimis, we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties. The Department recently 
announced a refinement to its assessment practice in non-market economy 
(``NME'') cases.\7\ Pursuant to this refinement in practice, for 
entries that were not reported in the U.S. sales databases submitted by 
the company individually examined during this review, the Department 
will instruct CBP to liquidate such entries at the NME-wide rate. In 
addition, if the Department determines that the exporter under review 
had no shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
rate) will be liquidated at the NME-wide rate.\8\
---------------------------------------------------------------------------

    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
    \8\ Id.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this new shipper review for all 
shipments of the subject merchandise from Power Dekor entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date, as provided for by section 751(a)(2)(C) of the Tariff Act of 
1930, as amended (the ``Act''): (1) For subject merchandise exported by 
Power Dekor and produced by Guangzhou Homebon Timber Manufacturing Co., 
Ltd., the cash deposit rate will be 0.00 percent and (2) for subject 
merchandise exported by Power Dekor but not produced by Guangzhou 
Homebon Timber Manufacturing Co., Ltd., the cash deposit rate will be 
the PRC-wide rate of 58.84 percent.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding APO

    This notice also serves as a reminder to the parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of business proprietary information 
(``BPI'') disclosed under APO in accordance with 19 CFR 351.305(a)(3), 
which continues to govern BPI in this segment of the proceeding. Timely 
notification of return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and terms of an APO is a sanctionable violation.
    This determination is issued and published in accordance with 
sections 751(a)(2)(B) and 777(i) of the Act.


[[Page 52504]]


    Dated: August 16, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix--Issue for Final Results

    Issue: Selection of Surrogate Financial Statements.

[FR Doc. 2013-20648 Filed 8-22-13; 8:45 am]
BILLING CODE 3510-DS-P