[Federal Register Volume 79, Number 113 (Thursday, June 12, 2014)]
[Notices]
[Pages 33723-33725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13766]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Multilayered Wood Flooring From the People's Republic of China; 
Preliminary Results of Antidumping Duty New Shipper Reviews; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce
SUMMARY: The Department of Commerce (``the Department'') is conducting 
a new shipper review of the antidumping duty order on multilayered wood 
flooring (``MLWF'') from the People's Republic of China (``PRC''). The 
review covers three exporters of subject merchandise, Dalian Huade Wood 
Product Co., Ltd (``Huade''), Linyi Bonn Flooring Manufacturing Co., 
Ltd. (``Bonn Flooring''), and Zhejiang Fuerjia Wooden Co., Ltd. 
(``Fuerjia''). We preliminarily find that Huade, Bonn Flooring and 
Fuerjia have not made sales of subject merchandise at less than normal 
value. The period of review (``POR'') for Bonn Flooring and Fuerija is 
December 1, 2012 through May 31, 2013. The POR for Huade is December 1, 
2012, through June 30, 2013.\1\
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    \1\ See Multilayered Wood Flooring from the People's Republic of 
China: Initiation of Antidumping Duty New Shipper Reviews; 2012-
2013, 78 FR 46318 (July 31, 2013) (``Initiation Notice'') for an 
explanation of the different PORs.

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DATES: Effective Date: June 12, 2014.

FOR FURTHER INFORMATION CONTACT: James Martinelli or Magd Zalok, AD/CVD 
Operations, 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-
2923 or (202) 482-4162, respectively.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise covered by the order includes MLWF, subject to 
certain exceptions.\2\ 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;

[[Page 33724]]

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; 4418.71.2000; 4418.71.9000; 
4418.72.2000; 4418.72.9500; and 9801.00.2500.
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    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Import Administration 
``Decision Memorandum for Preliminary Results of Antidumping Duty 
New Shipper Review: Multilayered Wood Flooring from the People's 
Republic of China,'' dated June 6, 2014 (``Preliminary Decision 
Memorandum'') for a full description of the Scope of the Order.
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    The HTSUS subheadings are provided for convenience and customs 
purposes only; the written description of the scope of the order is 
dispositive.

Extension of Deadlines for Preliminary Results

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department exercised its discretion to 
toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\3\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. The revised deadline for the preliminary results of this review 
was February 6, 2014. Additionally, on January 15, 2014, the Department 
extended the time period for issuing the preliminary results of this 
review by 90 days, until May 7, 2014.\4\ Finally, on April 22, 2014, 
the Department extended the time period for issuing the preliminary 
results of this review by an additional 30 days, until June 6, 2014.\5\
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    \3\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
    \4\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
regarding ``Multilayered Wood Flooring from the People's Republic of 
China: Extension of Deadline for Preliminary Results of Antidumping 
Duty New Shipper Review'' (January 15, 2014).
    \5\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
regarding ``Multilayered Wood Flooring from the People's Republic of 
China: Extension of Deadline for Preliminary Results of Antidumping 
Duty New Shipper Review'' (April 22, 2014).
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Methodology

    The Department is conducting this review in accordance with 
sections 751(a)(1)(B) and 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (``the Act'') and 19 CFR 351.214. The Department calculated 
export prices in accordance with section 772 of the Act. Because the 
PRC is a nonmarket economy (``NME'') within the meaning of section 
771(18) of the Act, the Department calculated normal value in 
accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, dated 
concurrently with these results and hereby adopted by this notice. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). 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 Preliminary Decision Memorandum can be accessed directly on the 
Internet at http://enforcement.trade.gov/frn. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Results of New Shipper Reviews

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

------------------------------------------------------------------------
                                                      Weighted-average
            Exporter                  Producer         dumping margin
                                                          (percent)
------------------------------------------------------------------------
Dalian Huade Wood Product Co.,   Dalian Huade Wood                  0.00
 Ltd.                             Product Co., Ltd.
Linyi Bonn Flooring              Linyi Bonn                         0.00
 Manufacturing Co., Ltd.          Flooring
                                  Manufacturing
                                  Co., Ltd.
Zhejiang Fuerjia Wooden Co.,     Zhejiang Fuerjia                   0.00
 Ltd.                             Wooden Co., Ltd.
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Disclosure and Public Comment

    The Department intends to disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of these preliminary results of review.\6\ 
Rebuttals to case briefs may be filed no later than five days after the 
written comments are filed.\7\ A table of contents, list of authorities 
used, and an executive summary of issues should accompany any briefs 
submitted to the Department. This summary should be limited to five 
pages total, including footnotes.
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    \6\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general 
filing requirements).
    \7\ See 19 CFR 351.309(d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\8\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\9\
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    \8\ See 19 CFR 351.310(c).
    \9\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of these new 
shipper reviews, which will include the results of its analysis of 
issues raised in any such comments, within 90 days of publication of 
these preliminary results, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuing the final results of these new shipper reviews, the 
Department shall determine, and U.S. Customs and Border Protection 
(``CBP'') shall assess, antidumping duties on all appropriate entries. 
The Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of the final results of this new shipper 
review. For any individually examined respondents whose weighted-
average dumping margin is above de minimis, we will calculate importer-
specific ad valorem duty assessment rates based on the ratio of the 
total amount of dumping calculated for the importer's examined sales to 
the total entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\10\
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    \10\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).

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[[Page 33725]]

    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by these new shipper reviews when the 
importer-specific assessment rate calculated in the final results of 
this review is above de minimis. 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 announced a refinement to its assessment practice in NME 
cases. Pursuant to this refinement in practice, for entries that were 
not reported in the U.S. sales databases submitted by Bonn Flooring, 
Fuerjia and Huade for these new shipper reviews, the Department will 
instruct CBP to liquidate such entries at the PRC-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 PRC-wide rate.\11\
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    \11\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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    The final results of these new shipper reviews shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by the final results of these reviews and for future deposits 
of estimated duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of these new shipper reviews for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by sections 751(a)(2)(C) of the Act: (1) For the companies 
listed above that have a separate rate, the cash deposit rate will be 
that rate established in the final results of these new shipper reviews 
(except, if the rate is zero or de minimis, then a zero cash deposit 
will be required); (2) for previously investigated or reviewed PRC and 
non-PRC exporters not listed above that received a separate rate in a 
prior segment of this proceeding, the cash deposit rate will continue 
to be the existing producer/exporter-specific combination rate; (3) for 
all PRC exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be that for the 
PRC-wide entity, or 58.84 percent; and (4) for all non-PRC exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC producer/exporter 
combination that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a preliminary 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 review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act and 19 CFR 351.214.

    Dated: June 6, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Bona Fide Sale Analysis
6. Non-Market Economy Country Status
7. Separate Rates
8. Separate Rates Recipients
9. Surrogate Country
10. Economic Comparability
11. Significant Producer of Comparable Merchandise
12. Data Availability
13. Date of Sale
14. Fair Value Comparisons
15. Differential Pricing Analysis
16. Results of the Differential Pricing Analysis
17. U.S. Price
18. Value Added Tax
19. Normal Value
20. Factor Valuations
21. Currency Conversion
22. Section 777A(f) of the Act

[FR Doc. 2014-13766 Filed 6-11-14; 8:45 am]
BILLING CODE 3510-DS-P