[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Notices]
[Pages 45192-45193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18618]


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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 Reviews; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has determined 
that two requests for new shipper reviews of the antidumping duty order 
on multilayered wood flooring from the People's Republic of China 
(``PRC'') meet the statutory and regulatory requirements for 
initiation. The period of review (``POR'') for these two new shipper 
reviews is December 1, 2014, through May 31, 2015.

DATES: Effective Date: July 29, 2015.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Robert Galantucci, AD/
CVD Operations, Office 4, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-5831 
or 202-482-2923, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the antidumping duty order on multilayered 
wood flooring from the PRC on December 8, 2011.\1\ On June 22, 2015, 
and June 23, 2015, the Department received timely new shipper review 
requests from Dongtai Zhangshi Wood Industry Co., Ltd. (``Zhangshi'') 
and Huzhou Muyun Wood Co., Ltd. (``Muyun''), respectively, in 
accordance with section 751(a)(2)(B)(i) of the Tariff Act of 1930, as 
amended (``the Act''), and 19 CFR 351.214(c).\2\
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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''), as amended Multilayered Wood Flooring from the People's 
Republic of China: Amended Antidumping and Countervailing Duty 
Orders, 77 FR 5484 (February 3, 2012).
    \2\ See Letter from Zhangshi to the Secretary of Commerce 
``Multilayered Wood Flooring from the People's Republic of China; A-
570-970; Request for Antidumping Duty New Shipper Review,'' dated 
June 22, 2015 (``Zhangshi Initiation Request''); Letter from Muyun 
to the Secretary of Commerce ``Multilayered Wood Flooring from the 
People's Republic of China Request for New Shipper Review,'' dated 
June 23, 2015 (``Muyun Initiation Request''); Letter from Zhangshi 
to the Secretary of Commerce ``Multilayered Wood Flooring from the 
People's Republic of China; A-570-970; New Shipper Review for 
Dongtai Zhangshi Wood Industry Co., Ltd.; Clarification of Company 
Name,'' dated July 10, 2015.
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    In their submissions, Zhangshi and Muyun certified that they are 
both the producers and exporters of the subject merchandise upon which 
their respective review requests were based.\3\ Pursuant to section 
751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Zhangshi and 
Muyun certified that they did not export multilayered wood flooring to 
the United States during the period of investigation (``POI'').\4\ In 
addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), Zhangshi and Muyun certified that, since the 
initiation of the investigation, they have never been affiliated with 
any producer or exporter that exported multilayered wood flooring to 
the United States during the POI, including those not individually 
examined during the investigation.\5\ As required by 19 CFR 
351.214(b)(2)(iii)(B), Zhangshi and Muyun also certified that their 
export activities were not controlled by the central government of the 
PRC.\6\
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    \3\ See Zhangshi Initiation Request at Exhibit 3; see also Muyun 
Initiation Request at Exhibit 1.
    \4\ See id.
    \5\ See id.
    \6\ See id.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Zhangshi and Muyun submitted documentation 
establishing the following: (1) The date on which each company 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.\7\
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    \7\ See Zhangshi Initiation Request at Exhibit 1; see also Muyun 
Initiation Request at Exhibit 2.
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    The Department conducted U.S. Customs and Border Protection 
(``CBP'') database queries and confirmed that Zhangshi and Muyun's 
shipments of subject merchandise had entered the United States for 
consumption and that liquidation of such entries had been properly 
suspended for antidumping duties. The Department also confirmed by 
examining CBP data that Zhangshi and Muyun entries were made during the 
POR specified by the Department's regulations.\8\
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    \8\ See July 21, 2015, Memoranda to the File, regarding ``U.S. 
Customs and Border Protection Data'' for Zhangshi and Muyun; see 
also Memorandum to the File entitled, ``Initiation of Antidumping 
New Shipper Review of Multilayered Wood Flooring from the People's 
Republic of China: Dongtai Zhangshi Wood Industry Co., Ltd.'' 
(``Zhangshi Initiation Checklist'') dated concurrently with this 
notice; Memorandum to the File entitled, ``Initiation of Antidumping 
New Shipper Review of Multilayered Wood Flooring from the People's 
Republic of China: Huzhou Muyun Wood Co., Ltd.'' (``Muyun Initiation 
Checklist'') dated concurrently with this notice.

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[[Page 45193]]

Period of Review

    Pursuant to 19 CFR 351.214(c), an exporter or producer may request 
a new shipper review within one year of the date on which its subject 
merchandise was first entered. Moreover, 19 CFR 351.214(d)(1) states 
that if the request for the review is made during the six-month period 
ending with the end of the semiannual anniversary month, the Secretary 
will initiate a new shipper review in the calendar month immediately 
following the semiannual anniversary month. Further, 19 CFR 
315.214(g)(1)(i)(B) states that if the new shipper review was initiated 
in the month immediately following the semiannual anniversary month, 
the POR will be the six-month period immediately preceding the 
semiannual anniversary month. Within one year of the dates on which 
their multilayered wood flooring was first entered Zhangshi and Muyun 
made the requests for new shipper reviews in June, which is the 
semiannual anniversary month of the Order. Therefore, the Secretary 
must initiate these reviews in July and the POR is December 1, 2014, 
through May 31, 2015.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
and the information on the record, the Department finds that the 
requests submitted by Zhangshi and Muyun meet the threshold 
requirements for initiation of new shipper reviews for the shipments of 
multilayered wood flooring from the PRC produced and exported by these 
companies.\9\ However, if the information supplied by Zhangshi and 
Muyun 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 Department intends to issue the 
preliminary results of these new shipper reviews no later than 180 days 
from the date of initiation, and the final results no later than 90 
days from the issuance of the preliminary results.\10\
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    \9\ See Zhangshi Initiation Checklist; see also Muyun Initiation 
Checklist.
    \10\ 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 questionnaires to Zhangshi and Muyun which will 
include a section requesting information with regard to these 
companies' export activities for separate rates purposes. The review of 
each exporter will proceed if the response provides sufficient 
indication that it is not subject to either de jure or de facto 
government control with respect to its export of subject merchandise.
    The Department will instruct CBP to allow, until the completion of 
the review, at the option of the importer, the posting of a bond or 
security in lieu of a cash deposit for each entry of the subject 
merchandise from Zhangshi and Muyun, in accordance with section 
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Zhangshi 
and Muyun certified that they produced and exported the subject 
merchandise, the Department will apply the bonding privilege only for 
subject merchandise that the respondent both produced and exported. To 
assist in its analysis of the bona fides of Zhangshi and Muyun's sales, 
upon initiation of this NSR, the Department will require Zhangshi and 
Muyun to submit on an ongoing basis complete transaction information 
concerning any sales of subject merchandise to the United States that 
were made subsequent to the POR.
    Interested parties requiring access to proprietary information in 
these new shipper reviews should submit applications for disclosure 
under administrative protective order in accordance with 19 CFR 351.305 
and 19 CFR 351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).

    Dated: July 21, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2015-18618 Filed 7-28-15; 8:45 am]
BILLING CODE 3510-DS-P