[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Notices]
[Pages 4612-4613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01644]


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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 is initiating new shipper reviews 
of the antidumping duty order on multilayered wood flooring from the 
People's Republic of China for Jiangsu Keri Wood Co., Ltd. (``Keri 
Wood'') and Zhejiang Simite Wooden Co., Ltd. (``Simite Wooden''). The 
period of review (``POR'') is December 1, 2014, through November 30, 
2015.

DATES: Effective Date: January 27, 2016.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor, 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.

SUPPLEMENTARY INFORMATION:

Background

    The Department of Commerce (``Department'') published the AD order 
on multilayered wood flooring from the PRC on December 8, 2011.\1\ On 
December 31, 2015, the Department received timely new shipper review 
requests from Keri Wood and Simite Wooden, 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 Keri Wood to the Secretary of Commerce 
``Multilayered Wood Flooring from the People's Republic of China: 
New Shipper Review,'' dated December 31, 2015 (``Keri Wood 
Initiation Request''); see also Simite Wooden 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 December 31, 2015 (``Simite Wooden Initiation Request'').
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    In their submissions, Keri Wood and Simite Wooden stated 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), Keri 
Wood and Simite Wooden 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), Keri Wood and Simite Wooden 
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), Keri Wood and Simite 
Wooden also certified that their export activities were not controlled 
by the central government of the PRC.\6\
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    \3\ See Keri Wood Initiation Request at 2 and Exhibit 2; see 
also Simite Wooden Initiation Request at 1-2.
    \4\ See Keri Wood Initiation Request at 2 and Exhibit 2; see 
also Simite Wooden Initiation Request at 2 and Exhibit Req-3.
    \5\ See Keri Wood Initiation Request at Exhibit 2; see also 
Simite Wooden Initiation Request at 2-3 and Exhibit Req-3.
    \6\ See Keri Wood Initiation Request at Exhibit 2; see also 
Simite Wooden Initiation Request at 3 and Exhibit Req-3.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Keri Wood and Simite Wooden 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

[[Page 4613]]

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 Keri Wood Initiation Request at Exhibit 1; see also 
Simite Wooden Initiation Request at Exhibit Req-1.
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    The Department conducted U.S. Customs and Border Protection 
(``CBP'') database queries and confirmed that Keri Wood and Simite 
Wooden'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 Keri Wood and Simite Wooden entries were made 
during the POR specified by the Department's regulations.\8\
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    \8\ See January 15, 2016, Memoranda to the File, regarding 
``U.S. Customs and Border Protection Data'' for Keri Wood and Simite 
Wooden; see also Memorandum to the File entitled, ``Initiation of 
Antidumping New Shipper Review of Multilayered Wood Flooring from 
the People's Republic of China: Jiangsu Keri Wood Co., Ltd. (``Keri 
Wood 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: Zhejiang Simite Wooden Co., Ltd.'' (``Simite 
Wooden Initiation Checklist'') dated concurrently with this notice. 
As noted in the Simite Wooden Initiation Checklist, the Department 
is seeking additional information regarding the entry forming the 
basis for Simite Wooden's new shipper review.
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Period of Review

    Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for the new shipper 
reviews of Keri Wood and Simite Wooden is December 1, 2014, through 
November 30, 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 Keri Wood and Simite Wooden 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 Keri Wood and 
Simite Wooden 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.
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    \9\ See Keri Wood Initiation Checklist; see also Simite Wooden 
Initiation Checklist.
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    Pursuant to 19 CFR 351.221(c)(1)(i), the Department will publish 
the notice of initiation of a new shipper review no later than the last 
day of the month following the anniversary or semiannual anniversary 
month of the order. 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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    \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 AD 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 Keri Wood and Simite Wooden 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.
    We will instruct CBP to allow, 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 Keri Wood and Simite Wooden, in 
accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 
351.214(e). Because Keri Wood and Simite Wooden claimed 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 Keri Wood and Simite Wooden sales, upon initiation of 
this new shipper review, the Department will require Keri Wood and 
Simite Wooden 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: January 21, 2016.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2016-01644 Filed 1-26-16; 8:45 am]
BILLING CODE 3510-DS-P