[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Notices]
[Pages 43522-43523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19771]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Multilayered Wood Flooring From the People's Republic of China: 
Notice of Court Decision Not in Harmony With Final Results of 
Administrative Review and Notice of Amended Final Results of 
Administrative Review Pursuant to Court Decision

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

SUMMARY: On August 25, 2017, the United States Court of International 
Trade (CIT) issued its final judgment sustaining the Department of 
Commerce's (the Department) final results of remand redetermination 
pursuant to court order. The Department is notifying the public that 
the final judgment in this case is not in harmony with the Department's 
final results in the second administrative review of the antidumping 
duty order on multilayered wood flooring from the People's Republic of 
China (PRC), and that the Department is amending its determination with 
respect to Linyi Bonn Flooring Manufacturing Co., Ltd. (Linyi Bonn).

DATES: Applicable September 4, 2017.

FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis, AD/CVD 
Operations, Office IV, Enforcement and Compliance--International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
3147.

SUPPLEMENTARY INFORMATION: 

Background

    Linyi Bonn was reviewed in a new shipper review (NSR) of the 
antidumping duty order on multilayered wood flooring from the PRC, 
covering the period of review from December 1, 2012 through May 31, 
2013.\1\ In the Final Results of NSR, the Department calculated a 
weighted-average dumping margin for Linyi Bonn of zero percent, also 
finding that Linyi Bonn had demonstrated its entitlement to a separate 
rate.\2\
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    \1\ See Multilayered Wood Flooring From the People's Republic of 
China: Final Results of Antidumping Duty New Shipper Reviews 2012-
2013, 79 FR 66355 (November 7, 2014) (Final Results of NSR).
    \2\ Id. at 66356.
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    Linyi Bonn was also subsequently a respondent in an administrative 
review that partially overlapped the period of review for the NSR, in 
that it covered the period of review December 1, 2012 through November 
30, 2013. On July 15, 2016, the Department published the Final Results 
in the administrative review, in which it found that Linyi Bonn was 
part of the PRC-wide entity, because Linyi Bonn failed to submit either 
a timely certification of no sales, a separate rate certification, or a 
separate rate application.\3\
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    \3\ See Multilayered Wood Flooring from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review and 
Final Results of New Shipper Review; 2012-2013, 80 FR 41476 (July 
15, 2015), as corrected by Multilayered Wood Flooring from the 
People's Republic of China, 80 FR 49,986 (Dep't of Commerce Aug. 18, 
2015) (correction to final admin. review), and Multilayered Wood 
Flooring from the People's Republic of China, 80 FR 52,447 (Dep't of 
Commerce Aug. 31, 2015) (correction to final admin. review) 
(collectively, Final Results).
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    On April 21, 2017, the CIT remanded the Final Results, finding the 
Department's determination to assign Linyi Bonn the PRC-wide rate of 
58.84 percent was contrary to law. The CIT held that the Department's 
Initiation Notice \4\ failed to provide notice to Linyi Bonn of the 
need to file a ``partial'' no shipments certification for only a 
portion of the review. The CIT remanded for the Department to ``correct 
the problem created by its failure to provide notice.'' \5\ In 
particular, the CIT ordered the Department to afford Linyi Bonn ``the 
opportunity it would have had if the Department's failure to provide 
notice had not occurred.'' \6\
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    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 79 FR 
6147 (February 3, 2014) (Initiation Notice).
    \5\ See Linyi Bonn Flooring Manufacturing Co., Ltd. v. United 
States, Court No. 15-00227, Slip Op. 17-46, at 28.
    \6\ Id.
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    On June 19, 2017, the Department issued its Remand Results, in 
which the Department determined that Linyi Bonn did not have shipments 
during the period of review other than those already reviewed in the 
Final Results of NSR.\7\
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    \7\ See Final Results of Redetermination Pursuant to Court Order 
(June 19, 2017) (Remand Results).
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    On August 25, 2017, the CIT issued its decision sustaining the 
Department's Remand Results.\8\
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    \8\ See Linyi Bonn Flooring Manufacturing Co., Ltd. v. United 
States, Court No. 15-00227, Slip Op. 17-113.
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Timken Notice

    In its decision in Timken,\9\ as clarified by Diamond 
Sawblades,\10\ the Court of Appeals for the Federal Circuit held that, 
pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the 
Act), the Department must publish a notice of a court decision that is 
not ``in harmony'' with a Department determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision. The 
CIT's August 25, 2017, judgment constitutes a final decision of that 
court that is not in harmony with the Department's Final Results. This 
notice is published in fulfillment of the publication requirements of 
Timken. Accordingly, the Department will continue the suspension of 
liquidation of the subject merchandise pending the expiration of the 
period of appeal, or if appealed, pending a final and conclusive court 
decision.
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    \9\ See Timken Co. v. United States, 893 F.2d. 337 (Fed. Cir. 
1990) (Timken).
    \10\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d. 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court decision with respect to this 
case, the Department is amending its Final Results with respect Linyi 
Bonn. Based on the Remand Results, we no longer find that Linyi Bonn is 
part of the PRC-wide entity. Instead, we have found that Linyi Bonn had 
no reviewable shipments during the period of review that were not 
otherwise covered in the overlapping period of review for the partially 
concurrent NSR.
    In the event that the CIT's ruling is not appealed or, if appealed, 
is upheld by a final and conclusive court decision, the Department will 
issue appropriate instructions to U.S. Customs and Border Protection to 
give effect to the finding of no shipments during the period June 1, 
2013, through November 30, 2013, and to ensure that any entries of 
subject merchandise that were produced and exported by Linyi Bonn 
during the period December 1, 2012, through May 31, 2013, are 
liquidated in accordance with the Final Results of NSR.

Cash Deposit Requirements

    Because there has been a subsequent administrative review for Linyi 
Bonn, the cash deposit rate for Linyi Bonn will remain the rate 
established in the most recently-completed administrative review, which 
is zero percent.\11\
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    \11\ See Multilayered Wood Flooring From the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review, 
Final Determination of No Shipments, and Final Partial Rescission of 
Antidumping Duty Administrative Review; 2014-2015, 82 FR 25766 (June 
5, 2017).

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[[Page 43523]]

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: September 11, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties for the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-19771 Filed 9-15-17; 8:45 am]
BILLING CODE 3510-DS-P