[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Notices]
[Pages 13328-13330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05830]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Initiation of Antidumping Duty Changed Circumstances Review: 
Multilayered Wood Flooring From the People's Republic of China

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') has received 
information sufficient to warrant initiation of a changed circumstances 
review (``CCR'') of the antidumping duty order on multilayered wood 
flooring from the People's Republic of China (``PRC''). Based upon a 
request filed by Sino-Maple (JiangSu) Co., Ltd. (``Sino-Maple''), an 
exporter of multilayered wood flooring to the United States, the 
Department is initiating a CCR to determine whether Sino-Maple is the 
successor-in-interest to Jiafeng Wood (Suzhou) Co., Ltd. (``Jiafeng'') 
for purposes of the antidumping duty order on multilayered wood 
flooring from PRC and, as such, is entitled to Jiafeng's cash deposit 
rate with respect to entries of subject merchandise.

DATES: Effective Date: March 13, 2015.

FOR FURTHER INFORMATION CONTACT: James Martinelli or Charles Riggle, 
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) 482-0650, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 23, 2014, Sino-Maple requested that the Department 
initiate an expedited CCR to confirm that Sino-Maple is the successor-
in-interest to Jiafeng for purposes of determining antidumping duty 
liabilities.\1\ On January 16, 2015, Sino-Maple responded to the 
supplemental questionnaire issued by the Department on January 9, 
2015.\2\ On February 4, 2015, the Department extended the time period 
for determining whether to initiate a CCR by 30 days, until March 8, 
2015.\3\ On February 10, 2015, Sino-Maple responded to the Department's 
second supplemental questionnaire, which was issued on February 4, 
2015.\4\ We received no comments opposing Sino-Maple's request.
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    \1\ See Letter from Sino-Maple to the Department regarding, 
``Multilayered Wood Flooring from the PRC: Request of Sino-Maple 
(Jiangsu) Co., Ltd. and Jiafeng Wood (Suzhou) Co., Ltd. for Changed 
Circumstances Review'' (December 23, 2014) (``CCR Request'').
    \2\ See Letter from Sino-Maple to the Department, regarding 
``Multilayered Wood Flooring from the PRC: Response of Sino-Maple 
(Jiangsu) Co., Ltd. and Jiafeng Wood (Suzhou) Co., Ltd. to 
Supplemental Changed Circumstances Review Questionnaire'' (January 
16, 2015).
    \3\ See Letter from the Department to Sino-Maple ``Multilayered 
Wood Flooring from the People's Republic of China: Request for a 
Changed Circumstances Review'' (February 4, 2015).
    \4\ See Letter from Sino-Maple to the Department ``Multilayered 
Wood Flooring from the PRC: Response of Sino-Maple (Jiangsu) Co., 
Ltd. and Jiafeng Wood (Suzhou) Co., Ltd. to Second Supplemental 
Changed Circumstances Review Questionnaire'' (February 10, 2015) 
(``Second Supplemental Response'').
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Scope of the Order

    Multilayered wood flooring is composed of an assembly of two or 
more layers or plies of wood veneer(s) in combination with a core. The 
several layers, along with the core, are glued or otherwise bonded 
together to form a final assembled product. Multilayered wood flooring 
is often referred to by other terms, e.g., ``engineered wood flooring'' 
or ``plywood flooring.'' Regardless of the particular terminology, all 
products that meet the description set forth herein are intended for 
inclusion within the definition of subject merchandise.
    All multilayered wood flooring is included within the definition of 
subject merchandise, without regard to: dimension (overall thickness, 
thickness of face ply, thickness of back ply, thickness of core, and 
thickness of inner plies; width; and length); wood species used for the 
face, back and inner veneers; core composition; and face grade. 
Multilayered wood flooring included within the definition of subject 
merchandise may be unfinished (i.e., without a finally finished surface 
to protect the face veneer from wear and tear) or ``prefinished'' 
(i.e., a coating applied to the face veneer, including, but not 
exclusively, oil or oil-modified or water-based polyurethanes, ultra-
violet light cured polyurethanes, wax, epoxy-ester finishes, moisture-
cured urethanes and acid-curing formaldehyde finishes). The veneers may 
be also soaked in an acrylic-impregnated finish. All multilayered wood 
flooring is included within the definition of subject merchandise 
regardless of whether the face (or back) of the product is smooth, wire 
brushed, distressed by any method or multiple methods, or hand-scraped. 
In addition, all multilayered wood flooring is included within the 
definition of subject merchandise regardless of whether or not it is 
manufactured with any interlocking or

[[Page 13329]]

connecting mechanism (for example, tongue-and-groove construction or 
locking joints). All multilayered wood flooring is included within the 
definition of the subject merchandise regardless of whether the product 
meets a particular industry or similar standard.
    The core of multilayered wood flooring may be composed of a range 
of materials, including but not limited to hardwood or softwood veneer, 
particleboard, medium-density fiberboard, high-density fiberboard 
(``HDF''), stone and/or plastic composite, or strips of lumber placed 
edge-to-edge.
    Multilayered wood flooring products generally, but not exclusively, 
may be in the form of a strip, plank, or other geometrical patterns 
(e.g., circular, hexagonal). All multilayered wood flooring products 
are included within this definition regardless of the actual or nominal 
dimensions or form of the product. Specifically excluded from the scope 
are cork flooring and bamboo flooring, regardless of whether any of the 
sub-surface layers of either flooring are made from wood. Also excluded 
is laminate flooring. Laminate flooring consists of a top wear layer 
sheet not made of wood, a decorative paper layer, a core-layer of HDF, 
and a stabilizing bottom layer.
    Imports of the subject merchandise are provided for under the 
following subheadings of the Harmonized Tariff Schedule of the United 
States (``HTSUS''): 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; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 
4412.31.3175; 4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540; 
4412.32.0560; 4412.32.2510; 4412.32.2520; 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; 4412.99.5710; 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.
    While HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the subject merchandise is 
dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(``the Act'') and 19 CFR 351.216(d), the Department will conduct a CCR 
upon receipt of information concerning, or a request from an interested 
party for a review of, an antidumping duty order which shows changed 
circumstances sufficient to warrant a review of the order. The 
information submitted by Sino-Maple claiming that Sino-Maple is the 
successor-in-interest to Jiafeng demonstrates changed circumstances 
sufficient to warrant a review.\5\ Therefore, in accordance with 
section 751(b)(1) of the Act and 19 CFR 351.216(d), the Department is 
initiating a CCR to determine whether Sino-Maple is the successor-in-
interest to Jiafeng.
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    \5\ See 19 CFR 351.216(d).
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    In determining whether one company is the successor to another for 
purposes of applying the antidumping duty law, the Department examines 
a number of factors including, but not limited to, changes in (1) 
management, (2) production facilities, (3) suppliers, and (4) customer 
base.\6\ While no one or several of these factors will necessarily 
provide a dispositive indication of succession, the Department will 
generally consider one company to be the successor to another company 
if its resulting operation is essentially the same as that of its 
predecessor.\7\ Thus, if the evidence demonstrates that, with respect 
to the production and sale of the subject merchandise, the new company 
operates as the same business entity as the prior company, the 
Department will assign the new company the cash deposit rate of its 
predecessor.\8\
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    \6\ See, e.g., Initiation and Preliminary Results of Antidumping 
Duty Changed Circumstances Review: Multilayered Wood Flooring From 
the People's Republic of China, 79 FR 48117, 48118 (August 15, 
2014), unchanged in Multilayered Wood Flooring From the People's 
Republic of China: Final Results of Changed Circumstances Review, 79 
FR 58740 (September 30, 2014).
    \7\ Id.
    \8\ See Notice of Final Results of Changed Circumstances Review: 
Polychloroprene Rubber from Japan, 69 FR 67890 (November 22, 2004) 
citing, Brass Sheet and Strip from Canada: Notice of Final Results 
of Antidumping Duty Administrative Review, 57 FR 20460 (May 13, 
1992); and, Certain Circular Welded Carbon Steel Pipes and Tubes 
from Taiwan: Initiation of Antidumping Duty Changed Circumstance 
Review, 70 FR 17063 (April 4, 2005).
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    Based on the information provided in its CCR Request and responses 
to questionnaires issued by the Department, Sino-Maple has provided 
sufficient evidence to warrant a review to determine if Sino-Maple is 
the successor-in-interest to Jiafeng for purposes of the antidumping 
duty order on multilayered wood flooring from the PRC. However, the 
Department finds it necessary to issue further questionnaires 
requesting additional information for this review, as provided for by 
19 CFR 351.221(b)(2). For this reason, the Department is not conducting 
this review on an expedited basis by publishing preliminary results in 
conjunction with this notice of initiation.
    Specifically, the Department intends to issue further 
questionnaires to Sino-Maple regarding the legal status of its 
purported predecessor company, Jiafeng. Based on the information 
provided by Sino-Maple, Jiafeng began a mandatory 180-day liquidation 
period on December 29, 2014, during which its business license and 
registration number are suspended.\9\ Upon completion of the mandatory 
180-day liquidation period, according to Sino-Maple the liquidation of 
Jiafeng will be complete and the company will be terminated.\10\ At 
that time, the Department intends to issue a supplemental questionnaire 
requesting that Sino-Maple submit evidence that Jiafeng's liquidation 
is complete and that Jiafeng has been terminated.
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    \9\ See Second Supplemental Response, at 1, 3.
    \10\ Id. at 1.
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    Therefore, the Department will not publish the preliminary results 
of this review until after Jiafeng has completed the mandatory 180-day 
liquidation period. The Department will publish in the Federal Register 
a notice of preliminary results of the CCR in accordance with 19 CFR 
351.221(b)(4) and 19 CFR 351.221(c)(3)(i). That notice will set forth 
the factual and legal conclusions upon which our preliminary results 
are based and a description of any action proposed.
    Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have 
an opportunity to comment on the preliminary results of review. In

[[Page 13330]]

accordance with 19 CFR 351.216(e), the Department intends to issue the 
final results of its antidumping duty CCR not later than 270 days after 
the date on which the review was initiated.
    This notice is published in accordance with sections 751(b)(l) and 
777(i)(l) of the Act and 19 CFR 351.216(b) and 351.221(b)(1).

    Dated: March 9, 2015.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2015-05830 Filed 3-12-15; 8:45 am]
BILLING CODE 3510-DS-P