[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Notices]
[Pages 65200-65201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27156]



[[Page 65200]]

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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; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``Department'') is initiating a 
new shipper review of the antidumping duty order on multilayered wood 
flooring from the People's Republic of China (``PRC''). The period of 
review (``POR'') for the new shipper review is December 1, 2013, 
through November 30, 2014.\1\
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    \1\ Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for a new 
shipper review initiated in the month immediately following the 
anniversary month is the twelve-month period immediately preceding 
the anniversary month. However, this review is being initiated in 
accordance with an order entered by the US. Court of International 
Trade (``CIT'') on October 14, 2015. In that order, the CIT 
authorized the Department to initiate and conduct this new shipper 
review based upon Qingdao Barry's December 19, 2014 review request. 
Accordingly, we have used that submission to determine the POR. See 
19 CFR 351.214(d)(1) (providing for initiation of new shipper 
reviews in the calendar month following the anniversary month if the 
request is made in the 6-month period ending in the anniversary 
month); 19 CFR 351.214(g)(1)(i)(A) (setting the POR for new shipper 
reviews initiated in the month following the anniversary month).

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DATES: Effective Date: October 26, 2015.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Robert Bolling, 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 202-482-3434, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the antidumping duty order on multilayered 
wood flooring from the PRC on December 8, 2011.\2\ On December 19, 
2014, the Department received a timely new shipper review request from 
Qingdao Barry Flooring Co., Ltd (``Qingdao Barry''),\3\ 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).
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    \2\ 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).
    \3\ See Letter from Qingdao Barry to the Secretary of Commerce 
``Multilayered Wood Flooring from China: Request for New Shipper 
Review,'' dated December 19, 2014 (``Initiation Request'').
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    In its submission, Qingdao Barry certified that it is both the 
producer and exporter of the subject merchandise upon which its 
respective review request was based.\4\ Pursuant to section 
751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Qingdao 
Barry certified that it did not export multilayered wood flooring to 
the United States during the period of investigation (``POI'').\5\ In 
addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), Qingdao Barry certified that, since the 
initiation of the investigation, it has 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.\6\ As required by 19 CFR 
351.214(b)(2)(iii)(B), Qingdao Barry also certified that its export 
activities are not controlled by the central government of the PRC.\7\
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    \4\ See Initiation Request at Attachment 1.
    \5\ Id.
    \6\ Id.
    \7\ Id.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Qingdao Barry 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 a statement that it made no subsequent shipments; and (3) the date 
of its first sale to an unaffiliated customer in the United States.\8\
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    \8\ Id. at Attachment 2.
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    The Department conducted U.S. Customs and Border Protection 
(``CBP'') database queries and confirmed that Qingdao Barry's shipment 
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 Qingdao Barry's entries were made during the POR specified by the 
Department's regulations.\9\
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    \9\ See Memorandum from Wendy Frankel, Director, Customs Liaison 
Unit, Enforcement and Compliance, To Abdelali Elouaradia, Director, 
AD/CVD Operations, Office IV, Enforcement and Compliance, Regarding 
``Confirmation of Entry--Multilayered Wood Flooring, From the 
People's Republic of China (A-570-970),'' dated August 4, 2015 
(``Customs Data''); see also Memorandum to the File entitled, 
``Initiation of Antidumping New Shipper Review of Multilayered Wood 
Flooring from the People's Republic of China: Qingdao Barry Flooring 
Co., Ltd. Initiation Checklist'' (``Initiation Checklist'') dated 
concurrently with this notice.
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Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
and after reviewing the information on the record, the Department finds 
that the request submitted by Qingdao Barry meets the threshold 
requirements for initiation of a new shipper review for the shipments 
of multilayered wood flooring from the PRC produced and exported by 
Qingdao Barry.\10\ However, if the information supplied by Qingdao 
Barry 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 the record. The Department intends to issue the 
preliminary results of this new shipper review 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.\11\
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    \10\ See Initiation Checklist.
    \11\ See section 751(a)(2)(B)(iv) of the Act. Due to the unique 
circumstances of this new shipper review, the Department's ability 
to grant extension requests will be limited. See Memorandum from 
Robert Bolling, Program Manager, AD/CVD Operations, Office IV, 
Enforcement and Compliance, To The File, Regarding ``Deadline 
Extensions--Multilayered Wood Flooring, From the People's Republic 
of China, dated concurrently with this notice.
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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 Qingdao Barry which will 
include a section requesting information with regard to the company's 
export activities for separate rates purposes. The review of the 
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 Qingdao Barry, in accordance with section 
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Qingdao 
Barry certified that it produced and exported the subject merchandise, 
the Department will apply the bonding

[[Page 65201]]

privilege only for subject merchandise that the respondent both 
produced and exported. To assist in its analysis of the bona fides of 
Qingdao Barry's sales, upon initiation of this NSR, the Department will 
require Qingdao Barry 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 
this new shipper review 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: October 20, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2015-27156 Filed 10-23-15; 8:45 am]
 BILLING CODE 3510-DS-P