[Federal Register Volume 79, Number 85 (Friday, May 2, 2014)]
[Notices]
[Pages 25109-25110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10118]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Multilayered Wood Flooring from the People's Republic of China: 
Notice of Court Decision Not in Harmony With the Final Determination 
and Amended Final Determination of the Antidumping Duty Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 23, 2014, the United States Court of International 
Trade (``CIT'') the CIT granted Plaintiffs'\1\ consent motion for 
severance and entered final judgment in Baroque Timber Industries 
(Zhongshan) Company, Limited, et. al. v. United States and Zhejiang 
Layo Wood Industry Co., Ltd. v. United States.\2\ The CIT affirmed the 
Department of Commerce's (the ``Department'') final determination of 
sales at less than fair value, as modified by the final results of 
redetermination with respect to Layo Wood and the Samling Group 
pursuant to court order, in Baroque Timber Industries (Zhongshan) 
Company, Limited, et. al. v. United States,\3\ and affirmed that the 
antidumping margins for Layo Wood and the Samling Group are de minimis.
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    \1\ Zhejiang Layo Wood Industry Co. Ltd. (``Layo Wood'') and 
Baroque Timber Industries (Zhongshan) Co., Ltd., Riverside Plywood 
Corporation, Samling Elegant Living Trading (Labuan) Limited, 
Samling Global USA, Inc., Samling Riverside Co., Ltd., and Suzhou 
Times Flooring Co., Ltd. (collectively, ``the Samling Group'')
    \2\ These cases were formerly consolidated under Consol. Court 
No. 12-00007, Baroque Timber Industries (Zhongshan) Company, 
Limited, et. al. v. United States.
    \3\ See Final Results of Redetermination Pursuant to Court 
Order, Court No. 12-00007, dated November 14, 2013, available at: 
http://enforcement.trade.gov/remands/index.htm (``MLWF Final Remand 
Redetermination '').
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    Consistent with the decision of the United States Court of Appeals 
for the Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 
F.2d 337 (Fed. Cir. 1990) (``Timken''), as clarified by Diamond 
Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 
2010) (``Diamond Sawblades''), the Department is notifying the public 
that the final judgment in this case is not in harmony with the 
Department's MLWF Amended Final Determination \4\ and is amending the 
final results with respect to Layo Wood and the Samling Group.
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    \4\ 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) (``MLWF 
Amended Final Determination'').

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DATES: Effective Date: May 2, 2014.

FOR FURTHER INFORMATION CONTACT: Charles Riggle, Office IV, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW, Washington, DC, 
20230; telephone: (202) 482-0650.

SUPPLEMENTARY INFORMATION:

Background

    On July 31, 2013, the CIT granted the Department's motion for 
voluntary

[[Page 25110]]

remand in Baroque Timber Industries (Zhongshan) Company, Limited, et. 
al. v. United States to (1) reconsider the surrogate value (``SV'') 
determination for Layo Wood's plywood input; (2) reconsider the proper 
United States Harmonized Tariff Schedule (``HTS'') category for valuing 
the Samling Group's high-density fiberboard (``HDF'') input; (3) 
reconsider the SV applied to Layo Wood's core veneer input; (4) provide 
further explanation or reconsideration of the SV calculation of Layo 
Wood's HDF input; (5) provide further explanation or reconsideration of 
its reasons for not adjusting Layo Wood's brokerage and handling SV to 
account for costs associated with letter of credit; and (6) reconsider 
its application of the targeted dumping method in light of changes to 
SVs and in conformity with current standards, with the understanding 
that reconsideration of the above issues may result in the statutory 
test for application of the targeted dumping method no longer being met 
with respect to the MLWF Amended Final Determination. Pursuant to the 
CIT's remand order, the Department made the following revisions: (1) 
Valued Layo Wood's plywood input with a SV reflecting plywood 
thicknesses of 6.35 millimeters (``mm'') and 12.7 mm; (2) valued the 
Samling Group's HDF with Philippine HTS category 4411.11 (``fiberboard 
greater than 0.8 G/Cm\3\, not worked or surface covered''); (3) valued 
Layo Wood's core veneer input with 2009 data reported by the Global 
Trade Atlas (``GTA'') for Philippine HTS category 4408.9090.06 
(``sheets for plywood''); (4) provided further explanation for the 
Department's determination to continue converting the SV for Layo 
Wood's HDF using the average density of HDF used by Layo Wood; (5) 
adjusted Layo Wood's B&H SV to remove letter of credit costs not 
incurred by Layo Wood; and (6) calculated Layo Wood's and the Samling 
Group's dumping margins using an average-to-average comparison method, 
rather than the average-to-transaction comparison method.

Timken Notice

    In its decision in Timken, as clarified by Diamond Sawblades, the 
CAFC held that, pursuant to section 516A(e) of the Act, the Department 
must publish a notice of a court decision that is not ``in harmony'' 
with a Department determination and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The CIT's April 23, 2014 final 
judgment affirming the MLWF Final Remand Redetermination with respect 
to Layo Wood and the Samling Group constitutes a final decision of that 
court that is not in harmony with the MLWF Amended Final Determination. 
This notice is published in fulfillment of the publication requirements 
of Timken. The CIT's April 23, 2014 final judgments also ordered that 
subject entries enjoined in Consol. Court No. 12-00007 with respect to 
Layo Wood and the Samling Group be liquidated in accordance with the 
final court decision, as provided for in section 516A(e) of the Act. 
Accordingly, the Department will issue instructions to U.S. Customs and 
Border Protection (``CBP'') that no margin exists with respect to Layo 
Wood and the Samling Group, and direct CBP to terminate the suspension 
of liquidation for shipments of multilayered wood flooring from the 
People's Republic of China entered, or withdrawn from warehouse, for 
consumption, produced and exported by Layo Wood and the Samling Group, 
on or after May 26, 2011, and to release any bond or other security, 
and refund any cash deposit collected for such entries.

Amended Final Determination

    There is now a final court decision with respect to the MLWF 
Amended Final Determination with respect to Layo Wood and the Samling 
Group. Accordingly, the Department is amending the amended final less 
than fair value determination and the revised weighted-average dumping 
margins for these companies is as follows:

------------------------------------------------------------------------
                                                       Weighted-Average
           Exporter                   Producer          Dumping Margin
                                                           (percent)
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Zhejiang Layo Wood Industry    Zhejiang Layo Wood                   0.00
 Co., Ltd. (A-570-970-001).     Industry Co., Ltd..
The Samling Group \5\ (A-570-  The Samling Group....                0.00
 970-002).
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    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.
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    \5\ The Samling Group consists of the following companies: 
Baroque Timber Industries (Zhongshan) Co., Ltd, Riverside Plywood 
Corporation, Samling Elegant Living Trading (Labuan) Limited, 
Samling Riverside Co., Ltd, and Suzhou Times Flooring Co., Ltd.

    Dated: April 28, 2014.
Paul Piquado,
Assistant Secretary, for Enforcement and Compliance.
[FR Doc. 2014-10118 Filed 5-1-14; 8:45 am]
BILLING CODE 3510-DS-P