[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Notices]
[Pages 35306-35308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12951]


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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 2013-2014 Antidumping Duty New Shipper Review

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

SUMMARY: The Department of Commerce (``the Department'') is conducting 
a new shipper review (``NSR'') of the antidumping duty order on 
multilayered wood flooring (``MLWF'') from the People's Republic of 
China (``PRC''). The NSR covers one exporter and producer of subject 
merchandise, Qingdao Barry Flooring Co., Ltd (``Qingdao Barry''). The 
period of review (``POR'') is December 1, 2013 through November 30, 
2014. The Department preliminarily determines that Qingdao Barry's sale 
to the United States is not bona fide, as required by section 
751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (``the 
Act'').\1\ Therefore, we are preliminarily rescinding this NSR. 
Interested parties are invited to comment on the preliminary results of 
this review.
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    \1\ 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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DATES: Effective June 2, 2016.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-5831.

SUPPLEMENTARY INFORMATION:

Background

    On October 26, 2015, the Department published a notice of 
initiation of a new shipper review of the antidumping duty order on 
MLWF from the PRC.\2\ The Department subsequently issued an antidumping 
duty questionnaire, and supplemental questionnaires, to Qingdao Barry 
and received timely responses thereto. Also, Qingdao Barry submitted 
comments on surrogate country and surrogate value selection.\3\ No 
other party submitted comments. The Department extended the deadline 
for issuing the preliminary results of this review until May 20, 
2016.\4\
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    \2\ See Multilayered Wood Flooring From the People's Republic of 
China: Initiation of Antidumping Duty New Shipper Review, 80 FR 
65200 (October 26, 2015) (``Initiation Notice''). In that notice, we 
explained that the review was being initiated in accordance with an 
order entered by the U.S. Court of International Trade, wherein the 
Court authorized the Department to initiate and conduct this new 
shipper review based on Qingdao Barry's December 19, 2014, review 
request.
    \3\ See ``Multilayered Wood Flooring from the People's Republic 
of China: Submission of Comparable Surrogate Country Comments,'' 
dated February 16, 2016; see also ``Multilayered Wood Flooring from 
the People's Republic of China: Submission of Surrogate Value 
Information,'' dated February 23, 2016.
    \4\ See the memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Maisha Cryor, 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 April 14, 2016.
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Scope of the Order

    The merchandise covered by the order is multilayered wood flooring, 
which is composed of an assembly of two or more layers or plies of wood 
veneers \5\ in combination with a core.\6\ Merchandise covered by this 
review is classifiable under subheadings 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; 4412.31.4075; 4412.31.4080; 4412.31.5125; 
4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.6000; 4412.31.9100; 
4412.32.0520; 4412.32.0540; 4412.32.0560; 4412.32.0565; 4412.32.0570; 
4412.32.2510; 4412.32.2520; 4412.32.2525; 4412.32.2530; 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;

[[Page 35307]]

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; 
4412.99.5105; 4412.99.5115; 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 of the Harmonized Tariff 
Schedule of the United States (``HTSUS''). Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of the order is dispositive.
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    \5\ A ``veneer'' is a thin slice of wood, rotary cut, sliced or 
sawed from a log, bolt or flitch. Veneer is referred to as a ply 
when assembled.
    \6\ For a complete description of the scope of the order, see 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, entitled 
``Preliminary Rescission of the 2013-2014 Antidumping Duty New 
Shipper Review: Multilayered Wood Flooring from the People's 
Republic of China'' issued 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 Act and 19 CFR 351.214. For a full description of 
the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum. 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://www.trade.gov/enforcement/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Rescission of the Antidumping New Shipper Review of Qingdao 
Barry

    As discussed in the Bona Fide Sales Analysis Memorandum,\7\ the 
Department preliminarily finds that the sale made by Qingdao Barry to 
the United States is not a bona fide sale. The Department reached this 
conclusion based on the totality of circumstances surrounding the 
reported sale, including, among other things, the price of the sale and 
Qingdao Barry's failure to provide evidence that the subject 
merchandise was resold at a profit. Because the non-bona fide sale was 
the only reported sale of subject merchandise during the POR, and thus 
there are no reviewable transactions on this record, we are 
preliminarily rescinding the instant NSR. Because much of the factual 
information used in our analysis of Qingdao Barry's sale involves 
business proprietary information, a full discussion of the basis for 
our preliminary determination is set forth in the Bona Fide Sales 
Analysis Memorandum, which is on the record of this proceeding.
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    \7\ See Memorandum from Maisha Cryor, Office IV AD/CVD 
Operations, to Abdelali Elouaradia, Director, Enforcement and 
Compliance, Office IV entitled ``Antidumping Duty New Shipper Review 
of Multilayered Wood Flooring from the People's Republic of China: 
Preliminary Bona Fide Sale Analysis for Qingdao Barry Flooring Co., 
Ltd., dated concurrently with and hereby adopted by this notice 
(``Bona Fide Sales Analysis Memorandum'').
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Public Comment

    Interested parties may submit case briefs no later than 14 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.\9\ All rebuttal comments must be limited to comments 
raised in the case briefs.\10\
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    \8\ Note that the Department is altering the time limit for the 
submission of case briefs. See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(d)(1).
    \10\ See 19 CFR 351.309(d)(2).
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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.\11\ 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.\12\ Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
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    \11\ See 19 CFR 351.310(c).
    \12\ 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.\13\
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    \13\ 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 this NSR, 
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)(iii) of 
the Act.

Assessment Rates

    If the Department proceeds to a final rescission of Qingdao Barry's 
NSR, the assessment rate to which Qingdao Barry's shipments will be 
subject will remain unchanged. However, the Department initiated an 
administrative review of the antidumping duty order on MLWF from the 
PRC covering numerous exporters, including Qingdao Barry, and the 
period December 1, 2013 through November 30, 2014, which encompasses 
the POR of this NSR.\14\ 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, 
2013, through November 30, 2014 of subject merchandise exported by 
Qingdao Barry until CBP receives instructions relating to the 
administrative review of this order covering the period December 1, 
2013 through November 30, 2014.
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    \14\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 6041, 6044-45 (February 4, 2015).
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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 
an importer-specific (or customer) assessment rate based on the final 
results of this review. However, pursuant to the Department's 
refinement to its assessment practice in NME cases, for entries that 
were not reported in the U.S. sales database submitted by Qingdao 
Barry, the Department will instruct CBP to liquidate such entries at 
the PRC-wide rate.\15\
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    \15\ 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 this NSR, the Department will instruct CBP to discontinue 
the option of posting a bond or security in lieu of a cash

[[Page 35308]]

deposit for entries of subject merchandise by Qingdao Barry. If the 
Department proceeds to a final rescission of this new shipper review, 
the cash deposit rate will continue to be the PRC-wide rate for Qingdao 
Barry because the Department will not have determined an individual 
margin of dumping for Qingdao Barry. If the Department issues final 
results for this new shipper review, 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 preliminary 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 24, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Scope
2. Bona Fide Sales Analysis

[FR Doc. 2016-12951 Filed 6-1-16; 8:45 am]
 BILLING CODE 3510-DS-P