[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Notices]
[Pages 34310-34311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12753]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Multilayered Wood Flooring From the People's Republic of China: 
Preliminary Rescission of 2014-2015 Antidumping Duty New Shipper 
Reviews

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

SUMMARY: The Department of Commerce (``the Department'') is conducting 
two new shipper reviews (``NSRs'') of the antidumping duty order on 
multilayered wood flooring from the People's Republic of China 
(``PRC''). The NSRs cover two exporters and producers of subject 
merchandise, Dongtai Zhangshi Wood Industry Co., Ltd. (``Zhangshi'') 
and Huzhou Muyun Wood Co., Ltd. (``Muyun''). The period of review 
(``POR'') is December 1, 2014 through May 31, 2015. The Department 
preliminarily determines that both Zhangshi's sale and Muyun's sale to 
the United States were not bona fide; therefore, we intend to rescind 
these NSRs. Interested parties are invited to comment on the 
preliminary results of this review.

DATES: Effective date: May 31, 2016.

FOR FURTHER INFORMATION CONTACT: Robert Galantucci or Aleksandras 
Nakutis, AD/CVD Operations, Office IV, Enforcement and Compliance, 
International Trade Administration, Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2923 or (202) 482-3147, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 29, 2015, the Department published a notice of initiation 
of two NSRs of the antidumping duty order on multilayered wood flooring 
from the PRC.\1\ The Department subsequently issued an antidumping duty 
questionnaire, and supplemental questionnaires, to both Zhangshi and 
Muyun and received timely responses thereto.\2\ Also, interested 
parties submitted comments on surrogate country and surrogate value 
selection. The Department extended the deadline for issuing the 
preliminary results of this review until May 20, 2016.\3\
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    \1\ See Multilayered Wood Flooring From the People's Republic of 
China: Initiation of Antidumping Duty New Shipper Review; 2014-2015, 
80 FR 45192 (July 29, 2015).
    \2\ The Department issued a brief supplemental questionnaire to 
each respondent on May 12, 2016. The deadline for the parties to 
respond was May 18, 2016. The Department received the responses on 
May 18, 2016, however due to the timing of the responses, the 
Department has not considered the responses for the preliminary 
results, but may consider this information for the final results.
    \3\ See the memoranda to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Maisha Cryor, International Trade Analyst, Office IV, Antidumping 
and Countervailing Duty Operations, entitled, ``Multilayered Wood 
Flooring from the People's Republic of China: Extension of Deadline 
for Preliminary Results of Antidumping Duty New Shipper Review'' 
dated January 13, 2016 and the memorandum from Ron Lorentzen, Acting 
Assistant Secretary, for Enforcement and Compliance, entitled, 
``Tolling of Administrative Deadlines as a Result of the Government 
Closure during Snowstorm `Jonas' '' dated January 27, 2016.
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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. For a full description of 
the scope, see the Preliminary Decision Memorandum.\4\ 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 (``ACCESS''). ACCESS is available 
to registered users at http://access.trade.gov and in the Central 
Records Unit, room B8024 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/index.html. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.
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    \4\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Decision Memorandum for the Preliminary Rescission of the 2014-
2015 Antidumping Duty Reviews of Multilayered Wood Flooring from the 
People's Republic of China,'' dated concurrently with, and hereby 
adopted by, this notice (``Preliminary Decision Memorandum'').
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act'') and 19 
CFR 351.214.\5\ For a full description of the methodology underlying 
our conclusions, see the Preliminary Decision Memorandum dated 
concurrently with this notice.
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    \5\ On February 24, 2016, the President of the United States 
signed into law the Trade Facilitation and Trade Enforcement Act of 
2015, Public Law 114-125 (Feb. 24, 2016), which made amendments to 
section 751(a)(2)(B) of the Act. These amendments apply to this 
determination.
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Preliminary Rescission of the Antidumping New Shipper Reviews of Muyun 
and Zhangshi

    As discussed in the Bona Fide Sales Analysis Memoranda,\6\ the 
Department preliminarily finds that both of the single sales made by 
Zhangshi and Muyun to the United States during the POR are not bona 
fide sales. The Department reached this conclusion based on the 
totality of circumstances surrounding each reported sale. Namely, with 
respect to Zhangshi's single sale, the sales price, the timing of the 
payment, the implementation of the terms of sale and the inconsistent 
responses from the importer call into question whether the sale is 
indicative of normal business practices. With respect to Muyun's single 
sale, we find that the sales price, the lack of record evidence 
demonstrating that Muyun's customer resold the merchandise for a 
profit, the timing of the sale and the negotiation period call into 
question whether the sale is indicative of normal business practices. 
Because the non-bona fide sales were the only reported sales of subject 
merchandise during the POR, and thus there are no reviewable 
transactions on this record, we are preliminarily rescinding the 
NSRs.\7\ Because much of the factual information used in our analysis 
of Zhangshi's sale and Muyun's sale involves business proprietary 
information, a full discussion of the basis for our preliminary 
determination is set forth in the Memoranda to Abdelali Elouaradia, 
Director, AD/CVD Operations, Office IV, ``Antidumping Duty New Shipper 
Review of Multilayered Wood Flooring from the People's Republic of 
China: Bona Fide Sale Analysis for Dongtai Zhangshi Wood Industry Co., 
Ltd.,'' and ``Antidumping Duty New Shipper Review of Multilayered Wood 
Flooring from the People's Republic of China: Bona Fide Sale Analysis 
for Huzhou

[[Page 34311]]

Muyun Wood Co., Ltd.,'' dated May 20, 2015, which are on the record of 
this proceeding.
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    \6\ See Memorandum from Robert Galantucci, International Trade 
Analyst, Office IV AD/CVD Operations, to Abdelali Elouaradia, 
Director, Office IV, AD/CVD Operations entitled ``Antidumping Duty 
New Shipper Review of Multilayered Wood Flooring from the People's 
Republic of China: Bona Fide Sale Analysis for Dongtai Zhangshi Wood 
Industry Co., Ltd.''; see also Memorandum from Aleksandras Nakutis, 
International Trade Analyst, Office IV AD/CVD Operations, to 
Abdelali Elouaradia, Director, Office IV, AD/CVD Operations entitled 
``Antidumping Duty New Shipper Review of Multilayered Wood Flooring 
from the People's Republic of China: Bona Fide Sale Analysis for 
Huzhou Muyun Wood Co., Ltd.'' dated concurrently with and hereby 
adopted by this notice (collectively, ``Bona Fide Sales Analysis 
Memoranda'').
    \7\ See 19 CFR 351.213(d)(3).
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Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of the preliminary results of review.\8\ 
Rebuttals to case briefs may be filed no later than five days after the 
briefs are filed. All rebuttal comments must be limited to comments 
raised in the case briefs.\9\
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    \8\ See 19 CFR 351.309(c).
    \9\ See 19 CFR 351.309(d).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement & 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice.\10\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. Oral argument presentations will be 
limited to issues raised in the briefs. If a request for a hearing is 
made, the Department intends to hold the hearing at the U.S. Department 
of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 
20230, at a date and time to be determined.\11\ Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
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    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5 p.m. Eastern Time (``ET'') on the due 
date. Documents excepted from the electronic submission requirements 
must be filed manually (i.e., in paper form) with the APO/Dockets Unit 
in Room 18022, and stamped with the date and time of receipt by 5 p.m. 
ET on the due date.\12\
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    \12\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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    The Department intends to issue the final results of these NSRs, 
which will include the results of its analysis of issues raised in any 
briefs received, no later than 90 days after the date these preliminary 
results of review are issued pursuant to section 751(a)(2)(B)(iv) of 
the Act.

Assessment Rates

    If the Department proceeds to a final rescission of Zhangshi and 
Muyun's NSRs, the assessment rate to which Zhangshi and Muyun's 
shipments will be subject will not be affected by this review. However, 
the Department initiated an administrative review of the antidumping 
duty order on multilayered wood flooring from the PRC covering numerous 
exporters, including Zhangshi and Muyun, for the period December 1, 
2014 through November 30, 2015 which encompasses the POR of these 
NSRs.\13\ Thus, if the Department proceeds to a final rescission, we 
will instruct U.S. Customs and Border Protection (``CBP'') to continue 
to suspend entries during the period December 1, 2014 through November 
30, 2015 of subject merchandise exported by Zhangshi and Muyun until 
CBP receives instructions relating to the administrative review of this 
order covering the period December 1, 2014 through November 30, 2015.
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    \13\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 6832 (February 9, 2016).
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    If the Department does not proceed to a final rescission of this 
new shipper review, pursuant to 19 CFR 351.212(b)(1), we will calculate 
importer-specific (or customer) assessment rates based on the final 
results of this review. However, pursuant to the Department's 
refinement to its assessment practice in non-market economy cases, for 
entries that were not reported in the U.S. sales database submitted by 
Zhangshi or Muyun, the Department will instruct CBP to liquidate such 
entries at the PRC-wide rate.\14\
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    \14\ 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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Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of these NSRs, pursuant to section 751(a)(2)(B)(iii) of the Act 
and 19 CFR 351.214(e), the Department will instruct CBP to discontinue 
the option of posting a bond or security in lieu of a cash deposit for 
entries of subject merchandise by Zhangshi and Muyun. If the Department 
proceeds to a final rescission of these NSRs, the cash deposit rate 
will continue to be the PRC-wide rate for Zhangshi and Muyun because 
the Department will not have determined an individual margin of dumping 
for either company. If the Department issues final results for these 
NSRs, the Department will instruct CBP to collect cash deposits, 
effective upon the publication of the final results, at the rates 
established therein.

Notification to Importers

    This notice also serves as a 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.

    Dated: May 20, 2016.
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. Conclusion

[FR Doc. 2016-12753 Filed 5-27-16; 8:45 am]
 BILLING CODE 3510-DS-P