[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Notices]
[Pages 25773-25775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11560]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


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

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

SUMMARY: On December 28, 2016, the Department of Commerce (the 
Department) published the preliminary results, and partial rescission, 
of the new shipper reviews of the antidumping duty (AD) order on 
multilayered wood flooring (MLWF) from the People's Republic of China 
(PRC). Based on our analysis of the comments received, we continue to 
find Zhejiang Simite Wooden Co., Ltd.'s (Simite Wooden) sale to be non-
bona fide. Therefore, we are rescinding the new shipper review (NSR) 
with respect to Simite Wooden. We also continue to find that Jiangsu 
Keri Wood Co., Ltd. (Keri Wood) did not make a sale at less than normal 
value (NV), and is eligible for a separate rate. The final dumping 
margin for Keri Wood is listed in the ``Final Results of Kerri Wood's 
New Shipper Review'' section of this notice, below.

DATES: Effective June 5, 2017.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration,

[[Page 25774]]

U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, 
DC 20230; telephone: (202) 482-5831.

SUPPLEMENTARY INFORMATION:

Background

    On December 28, 2016, the Department published its Preliminary 
Results \1\ of the NSRs of the AD order on MLWF from the PRC. The 
period of review (POR) for the new shipper reviews (NSR) is December 1, 
2014, through November 30, 2015. These reviews cover two producers/
exporters of subject merchandise: Simite Wooden and Keri Wood.\2\ As 
discussed below, we preliminarily found that the single sale made by 
Simite Wooden is not bona fide, and announced our preliminary intent to 
rescind its NSR. We also preliminarily determined that Keri Wood made a 
single bona fide sale which was not below NV and that it is eligible 
for a separate rate. Simite Wooden submitted its case brief on February 
17, 2017.\3\ For the final results of this review, although we have 
made certain further adjustments to our bona fide analysis for Simite 
Wooden, we continue to find Simite Wooden's sale to be non-bona fide. 
Therefore, we are rescinding the NSR with respect to Simite Wooden. We 
also continue to find that Keri Wood did not make a sale at less than 
NV and is eligible for a separate rate. Therefore, with respect to Keri 
Wood, our final results remain unchanged from the Preliminary Results.
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    \1\ See Multilayered Wood Flooring from the People's Republic of 
China: Preliminary Results and Partial Rescission of Antidumping 
Duty New Shipper Reviews; 2014-2015, 81 FR 95566 (December 28, 2016) 
(Preliminary Results); see also Memorandum to Abdelali Elouaradia, 
Director, Enforcement and Compliance, Office IV, from Maisha Cryor, 
International Trade Compliance Analyst, 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 December 20, 2016 (Simite Wooden Prelim Bona Fide Memo); 
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 Preliminary Results and Rescission, In Part, of 
Antidumping Duty New Shipper Reviews, 2014-2015: Mutilayered Wood 
Flooring from the People's Republic of China,'' dated December 20, 
2016 (Preliminary Decision Memorandum).
    \2\ See Preliminary Results.
    \3\ See Letter from Simite Wooden to the Secretary of Commerce, 
``Multilayered Wood Flooring from the People's Republic of China; A-
570-970; New Shipper Review of Zhejiang Simite Wooden Co., Ltd.; 
Case Brief,'' dated February 17, 2017.
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    For a complete description of the events that followed the 
publication of the Preliminary Results, see the Issues and Decision 
Memorandum.\4\ The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's AD and 
Countervailing Duty (CVD) 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 Issues and Decision Memorandum can be accessed directly at 
http://enforcement.trade.gov/frn/index.html. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.
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    \4\ See Memorandum from Gary Taveramn, Acting Deputy Assistant 
Secretary, Antidumping and Countervailing Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, entitled '' Issues and Decision Memorandum for the Final 
Results and the Partial Rescission of the 2014-2015 Antidumping Duty 
New Shipper Reviews: Multilayered Wood Flooring from the People's 
Republic of China'' issued concurrently with and hereby adopted by 
this notice (Issues and Decision Memorandum).
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Scope of the Order

    The merchandise covered by the order includes MLWF, subject to 
certain exceptions.\5\ Imports of the subject merchandise are provided 
for under the following subheadings of the Harmonized Tariff Schedule 
of the United States (HTSUS): 4412.31.0520; 4412.31.0540; 4412.31.0560; 
4412.31.2510; 4412.31.2520; 4412.31.3175; 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; 4412.31.5175; 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.
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    \5\ Id.
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    While HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the subject merchandise is 
dispositive.

Analysis of Comments Received

    All issues raised in the case brief submitted by Simite Wooden are 
addressed in the Issues and Decision Memorandum.\6\ A list of the 
issues which parties raised is attached to this notice as an Appendix.
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    \6\ Id.
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Final Rescission of Simite Wooden's New Shipper Review

    In the Preliminary Results, the Department analyzed the bona fides 
of Simite Wooden's sale and preliminarily found it was not a bona fide 
sale.\7\ Based on the Department's analysis of all of the comments and 
record evidence of this review, the Department has made certain changes 
to its analysis, but still continues to find that Simite Wooden's sale 
is not a bona fide sale. Accordingly, we have determined to rescind 
this NSR with respect to Simite Wooden.
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    \7\ See Simite Wooden Prelim Bona Fide Memo.
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    For a complete discussion, see the Simite Wooden Prelim Bona Fide 
Memo and the Issues and Decision Memorandum.

Final Results of Kerri Wood's New Shipper Review

    No party filed a case brief in response to the Department's 
invitation to comment on the Preliminary Results with respect to our 
findings for Keri Wood. Therefore, for these final results, the 
Department has made no changes to its calculations announced in the 
Preliminary Results for this company. For the final results of Kerri 
Wood's new shipper review, the Department continues to determine that 
the following weighted-average dumping margin exists for the POR from 
December 1, 2014, through November 30, 2015:

[[Page 25775]]



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

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by the NSR with respect to Keri Wood.\8\ The Department 
intends to issue assessment instructions to CBP 15 days after the date 
of publication of these final results of review. The Department intends 
to instruct CBP to liquidate entries of subject merchandise Keri Wood 
without regard to antidumping duties because its weighted-average 
dumping margin in these final results is zero.\9\ For entries that were 
not reported in the U.S. sales data submitted by Keri Wood, the 
Department intends to instruct CBP to liquidate such entries at the 
rate for the PRC-wide entity.\10\
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    \8\ See 19 CFR 351.212(b)(1).
    \9\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification).
    \10\ 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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    As the Department is rescinding the NSR with respect to Simite 
Wooden, we have not calculated a company-specific dumping margin for 
Simite Wooden. Simite Wooden's entries covered by this NSR will be 
assessed at the cash deposit rate required at the time of entry, which 
is the PRC-wide rate (i.e., 25.62 percent).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results and partial rescission of this NSR 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. For Kerri Wood, because it 
has received a separate rate, and the rate established in the final 
results of this NSR is zero, a zero cash deposit will be required. For 
Simite Wooden, 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 from Simite Wooden. Because we did not 
calculate a dumping margin for Simite Wooden or otherwise find that 
Simite Wooden is eligible for a separate rate in this review, Simite 
Wooden continues to be part of the PRC-wide entity. The cash deposit 
rate for the PRC-wide entity is 25.62 percent. These cash deposit 
requirements shall remain in effect until further notice.

Notification to Importers

    This notice serves as a final 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
Administrative Protective Order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in these segments of the 
proceeding. 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 terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(2)(B) and (C) and 777(i) of the Act, and 19 CFR 
351.214.

    Dated: May 26, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
    Comment 1: Whether the Department's Calculation of Ocean Freight 
was Incorrect
    Comment 2: Whether the control number used by the Department for 
comparison purposes was the best match
    Comment 3: Whether the Department should further adjust the 
prices of Penghong and Fine Furniture in making a comparison
    Comment 4: Whether Simite Wooden's sale price is within the 
range of the minimum and maximum prices of the AR3 respondents and 
is reasonable
    Comment 5: Whether physical differences account for price 
differences
    Comment 6: Whether the totality of the facts indicate that the 
sale was bona fide
    Comment 7: Whether the Department made procedural errors in 
conducting this review
    Comment 8: Whether the Department Should Assign Simite Wooden a 
separate rate
Recommendation

[FR Doc. 2017-11560 Filed 6-2-17; 8:45 am]
 BILLING CODE 3510-DS-P