[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Notices]
[Pages 95566-95568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31354]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


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

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

SUMMARY: The Department of Commerce (``the Department'') is conducting 
new shipper reviews (``NSR'') of the antidumping duty order on 
multilayered wood flooring (``MLWF'') from the People's Republic of 
China (``PRC''). The review covers two exporters of subject 
merchandise, Jiangsu Keri Wood Co., Ltd. (``Keri Wood'') and Zhejiang 
Simite Wooden Co., Ltd. (``Simite Wooden''). The Department 
preliminarily determines that Keri Wood did not make sales of subject 
merchandise at less than normal value. The period of review (``POR'') 
is December 1, 2014, through November 30, 2015. The Department also 
preliminarily determines that Simite Wooden'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''). Therefore, we are preliminarily 
rescinding the NSR with respect to Simite Wooden. Interested parties 
are invited to comment on the preliminary results of these reviews.

DATES: Effective December 28, 2016.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Robert Bolling, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-5831 or (202) 482-3434, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 27, 2016, the Department published a notice of 
initiation of two new shipper reviews of the antidumping duty order on 
MLWF from the PRC.\1\ The Department subsequently issued antidumping 
duty questionnaires, and supplemental questionnaires, to Keri Wood and 
Simite Wooden and received timely responses thereto. Also, Keri Wood 
and Simite Wooden submitted comments on surrogate country and surrogate 
value selection.\2\ No other party submitted surrogate country or 
surrogate value comments. On June 23, 2016, the Department extended the 
time period for issuing the preliminary results of these reviews by 120 
days, until November 20, 2016.\3\ On November 15, 2016, the Department 
aligned these NSRs with the fourth administrative review of MLWF from 
the PRC.\4\ On November 20, 2014, the Department extended the 
preliminary results until December 20, 2016, to align with the fourth 
administrative review of this proceeding.\5\
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    \1\ See Multilayered Wood Flooring from the People's Republic of 
China: Initiation of Antidumping Duty New Shipper Reviews, 81 FR 
4612 (January 27, 2016) (``Initiation Notice'').
    \2\ See ``See Simite Wooden's Letter to the Department, 
Multilayered Wood Flooring from the People's Republic of China; A-
570-970; Surrogate Values for the Preliminary Results, dated May 10, 
2016; see also Keri Wood's Letter to the Department, Multilayered 
Wood Flooring rom the People's Republic of China: Comments Regarding 
Surrogate Value Selection, dated May 23, 2016.
    \3\ See 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 Reviews'' dated June 23, 2016.
    \4\ See Memorandum to the File, regarding ``Alignment of the New 
Shipper Reviews of the Antidumping Duty Order on Multilayered Wood 
Flooring from the People's Republic of China with the Concurrent 
Administrative Review of Multilayered Wood Flooring from the 
People's Republic of China'' (November 15, 2016).
    \5\ See 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 Reviews'' dated June 23, 2016; see also 
Memorandum to the File, regarding ``Extension of Deadline for the 
Preliminary Results of the New Shipper Reviews of Multilayered Wood 
Flooring from the People's Republic of China'' (November 20, 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 \6\ in combination with a core.\7\ 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; 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

[[Page 95567]]

written description of the scope of the order is dispositive.
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    \6\ 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.
    \7\ 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 these reviews in accordance with 
section 751(a)(2)(B) of the Act and 19 CFR 351.214. Export prices have 
been calculated in accordance with section 772 of the Act. Because the 
PRC is a non-market economy within the meaning of section 771(18) of 
the Act, NV has been calculated in accordance with section 773(c) of 
the Act. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of topics 
discussed in the Preliminary Decision Memorandum is in the attached 
Appendix to this notice.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's centralized 
electronic service system (ACCESS). ACCESS is available to registered 
users at http://access.trade.gov, and it is available to all parties in 
the Department's Central Records Unit, 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/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of New Shipper Review

    As discussed in Bona Fide Sales Analysis Memorandum,\8\ the 
Department preliminarily finds that the sale made by Simite Wooden to 
the United States is not a bona fide sale. \9\ Because the non-bona 
fide sale was the only reported sale of subject merchandise by Simite 
Wooden during the POR, and thus there are no other reviewable 
transactions for Simite Wooden, we are preliminarily rescinding its 
NSR. Because much of the factual information used in our analysis of 
Simite Wooden's sale involves business proprietary information, a full 
discussion of the basis for our preliminary determination regarding 
Simite Wooden is set forth in the Bona Fide Sales Analysis Memoranda, 
which is on the record of this proceeding.
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    \8\ 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 Jiangsu Keri Wood Co., Ltd., 
dated concurrently with and hereby adopted by this notice; see also 
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 Zhejiang Simite Wooden Co., Ltd., dated 
concurrently with and hereby adopted by this notice (``Bona Fide 
Sales Analysis Memoranda'').
    \9\ 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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    The Department preliminarily determines that the following 
weighted-average dumping margin exists for Keri Wood for the POR from 
December 1, 2014, through November 30, 2015:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
             Exporter                     Producer        dumping margin
                                                             (percent)
------------------------------------------------------------------------
Jiangsu Keri Wood Co., Ltd........  Jiangsu Keri Wood               0.00
                                     Co., Ltd.
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Disclosure and Public Comment

    The Department intends to disclose the analysis performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit case briefs by no later than 30 days 
after the date of publication of these preliminary results of 
review.\10\ Rebuttals, limited to issues raised in the case briefs, may 
be filed by no later than five days after the case briefs are 
filed.\11\
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    \10\ See 19 CFR 351.309(c).
    \11\ See 19 CFR 351.309(d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\12\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\13\
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    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310(d).
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    Unless the deadline is extended pursuant to section 
751(a)(2)(B)(iii), the Department intends to issue the final results of 
this new shipper review, which will include the results of its analysis 
of all issues raised in the case and rebuttal briefs, within 90 days of 
publication of these preliminary results, pursuant to section 
751(a)(2)(B)(iv) of the Act.

Assessment Rates

    If the Department proceeds to a final rescission of Simite Wooden's 
NSR, the assessment rate to which Simite Wooden shipments will be 
subject will remain unchanged. However, for Keri Wood, and if the 
Department continues to find that Keri Wood did not make sales of 
subject merchandise at less than normal value, upon issuance of the 
final results, pursuant to 19 CFR 351.212(b), the Department intends to 
determine, and the U.S. Customs and Border Protection (``CBP'') shall 
assess, antidumping duties on all appropriate entries.\14\ The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of the final results of this new shipper 
review.
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    \14\ See 19 CFR 351.212(b)(1).
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    If the respondent's weighted average dumping margin is not zero or 
de minimis (i.e., less than 0.50 percent) in the final results, the 
Department intends to calculate importer-specific assessment rates on 
the basis of the ratio of the total amount of dumping calculated for 
each importer's examined sales to the total entered value of those 
sales, in accordance with 19 CFR 351.212(b)(1). Where an importer-
specific ad valorem rate is not zero or de minimis, the Department 
intends to instruct CBP to collect the appropriate antidumping duties 
at the time of liquidation.\15\ Where either a respondent's weighted 
average dumping margin is zero or de minimis, or an importer-specific 
ad valorem rate is zero or de minimis, the Department intends to 
instruct CBP to liquidate appropriate

[[Page 95568]]

entries without regard to antidumping duties.\16\
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    \15\ See 19 CFR 351.212(b)(1).
    \16\ See 19 CFR 351.106(c)(2).
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    For entries that were not reported in the U.S. sales data submitted 
by Keri Wood or Simite Wooden (if applicable), the Department intends 
to instruct CBP to liquidate such entries at the rate for the PRC-wide 
entity.\17\ The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future cash deposits of 
estimated antidumping duties, where applicable.
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    \17\ 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 of Simite 
Wooden's NSR, 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 Simite Wooden. If the Department 
proceeds to a final rescission of Simite Wooden's new shipper review, 
the cash deposit rate will continue to be the PRC-wide rate because the 
Department will not have determined individual dumping margins of for 
Simite Wooden. If the Department issues final results for Simite 
Wooden's NSR, the Department intends to instruct CBP to collect cash 
deposits, effective upon the publication of the final results, at the 
rates established therein.
    However, for Keri Wood, the following cash deposit requirements 
will be effective upon publication of the final results of the new 
shipper reviews for shipments of the subject merchandise from the PRC 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date, as provided by section 751(a)(2)(C) of the Act: (1) 
For subject merchandise produced and exported by Keri Wood,, the cash 
deposit rate will be that rate established in the final results of this 
new shipper review (except, if the rate is zero or de minimis, then a 
zero cash deposit will be required); (2) for previously investigated or 
reviewed PRC and non-PRC exporters not listed above that received a 
separate rate in a prior segment of this proceeding, the cash deposit 
rate will continue to be the existing exporter-specific combination 
rate; (3) for all PRC exporters of subject merchandise that have not 
been found to be entitled to a separate rate, the cash deposit rate 
will be that for the PRC-wide entity; and (4) for all non-PRC exporters 
of subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC producer/exporter 
combination that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

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 the POR. 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.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and the terms of an APO is a violation 
subject to sanction.

Notification to Interested Parties

    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.214 and 
351.221(b)(4).

    Dated: December 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. Bona Fide Sale Analysis
6. Non-Market Economy Country Status
7. Separate Rates
8. Absence of De Jure Control
9. Absence of De Facto Control
10. Surrogate Country
11. Economic Comparability
12. Significant Producer of Comparable Merchandise
13. Data Availability
14. Date of Sale
15. Determination of the Comparison Method
16. Results of the Differential Pricing Analysis
17. Fair Value Comparisons
18. U.S. Price
19. Value Added Tax
20. Normal Value
21. Factor Valuations
22. Currency Conversion
23. Section 777A(f) of the Act
24. Recommendation

[FR Doc. 2016-31354 Filed 12-27-16; 8:45 am]
 BILLING CODE 3510-DS-P