[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Notices]
[Pages 5374-5375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02066]


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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: Enforcement & Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce

DATES: Effective Date: January 31, 2014.
SUMMARY: The Department of Commerce (``Department'') has determined 
that a request for a new shipper review 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 the new shipper review 
is December 1, 2012, through November 30, 2013.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations, 
Office IV, Enforcement & Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5831.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the antidumping duty order on multilayered 
wood flooring from the PRC on December 8, 2011.\1\ On December 20, 
2013, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as 
amended (the ``Act''), and 19 CFR 351.214(c), the Department received a 
timely request for a new shipper review from Linyi Anying Wood Co., 
Ltd., (``Anying'').\2\ In order to confirm certain information in 
Anying's request, we requested entry documents from U.S. Customs and 
Border Protection (``CBP'').\3\ The continuation of the new shipper 
review will be contingent upon confirmation of the information received 
in response to that request. Additionally, on January 15, 2014, the 
Department received entry data from CBP.\4\
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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 Letter from Anying to the Secretary of Commerce 
``Multilayered Wood Flooring from China,'' dated December 20, 2013 
(``Initiation Request'').
    \3\ See Memorandum to Michael Walsh, Director, AD/CVD/Revenue 
Policy & Programs, Office of International Trade, U.S. Customs and 
Border Protection, from Abdelali Elouaradia, Director Office IV, AD/
CVD Operations, Enforcement and Compliance, ``Multilayered Wood 
Flooring from the People's Republic of China (A-570-970),'' dated 
January 7, 2014.
    \4\ See Letter from Robert Bolling, Program Manager, AD/CVD 
Operations, Office IV to All Interested Parties ``Multilayered Wood 
Flooring from the People's Republic of China 12/01/2012-11/30/
2013,'' dated concurrently with this notice.
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    Anying stated that it is both the producer and the exporter of the 
subject merchandise upon which its request for a new shipper review is 
based.\5\ Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Anying certified that it did not export multilayered 
wood flooring to the United States during the period of investigation 
(``POI'').\6\ In addition, pursuant to section 751(a)(2)(B)(i)(II) of 
the Act and 19 CFR 351.214(b)(2)(iii)(A),

[[Page 5375]]

Anying certified that, since the initiation of the investigation, it 
has never been affiliated with any exporter or producer that exported 
multilayered wood flooring to the United States during the POI, 
including those not individually examined during the investigation.\7\ 
As required by 19 CFR 351.214(b)(2)(iii)(B), Anying also certified that 
its export activities were not controlled by the central government of 
the PRC.\8\
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    \5\ See Initiation Request at Exhibit 1.
    \6\ Id.
    \7\ Id.
    \8\ Id.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Anying submitted documentation establishing the 
following: (1) The date on which it 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.\9\
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    \9\ Id. at 2.
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    The Department conducted a CBP database query and confirmed that 
Anying's shipment of subject merchandise entered the United States for 
consumption and that liquidation of such entries has been properly 
suspended for antidumping duties. Pursuant to 19 CFR 351.221(c)(1)(i), 
the Department will publish the notice of initiation of a new shipper 
review no later than the last day of the month following the 
anniversary month or semiannual anniversary month of the order.

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and 
based on the information on the record, the Department finds that 
Anying meets the threshold requirements for initiation of a new shipper 
review of its shipment of multilayered wood flooring from the PRC.\10\ 
However, if the information supplied by Anying 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 POR for the new shipper review of Anying is December 1, 2012, 
through November 30, 2013.\11\ The Department intends to issue the 
preliminary results of this review no later than 180 days from the date 
of initiation, and the final results of this review no later than 90 
days after the date the preliminary results are issued.\12\
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    \10\ See, generally, Memorandum to the File through Abdelali 
Elouaradia, Director, AD/CVD Operations, Office IV ``Initiation of 
Antidumping New Shipper Review of Multilayered Wood Flooring from 
the People's Republic of China: Linyi Anying Wood Co., Ltd., 
Initiation Checklist,'' dated concurrently with this notice 
(``Initiation Checklist'').
    \11\ See 19 CFR 351.214(g)(1)(i)(A).
    \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 a questionnaire to Anying which will include a 
section requesting information with regard to its export activities for 
separate rates purposes. The review of Anying will proceed if the 
response provides sufficient indication that Anying is not subject to 
either de jure or de facto government control with respect to its 
exports 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 entries of subject merchandise 
from Anying in accordance with section 751(a)(2)(B)(iii) of the Act and 
19 CFR 351.214(e). Because Anying certified that it 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 
this new shipper review should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: January 24, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-02066 Filed 1-30-14; 8:45 am]
BILLING CODE 3510-DS-P