[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Notices]
[Pages 65628-65630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27675]
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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 of Antidumping Duty New Shipper Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Muyun Wood Co., Ltd., (Muyun) has not made sales of subject
merchandise at less than normal value. Interested parties are invited
to comment on these preliminary results of review.
DATES: Applicable December 21, 2018.
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:
Scope of the Order
The merchandise covered by the order includes multilayered wood
flooring (MLWF), subject to certain exceptions.\1\ The subject
merchandise is currently classifiable under Harmonized Tariff Schedule
of the United States (HTSUS) 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.
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\1\ See Memorandum from Commerce, re: '' Decision Memorandum for
Preliminary Results of Huzhou Muyun Wood Co., Ltd. Antidumping Duty
New Shipper Review, 2014-2015: Multilayered Wood Flooring from the
People's Republic of China,'' dated concurrently (Preliminary
Decision Memorandum) for a full description of the Scope of the
Order.
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The HTSUS subheadings are provided for convenience and customs
purposes only; the written description of the scope of the order is
dispositive.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and 751(a)(2)(B) of the Tariff Act of 1930, as amended
(the Act) and 19 CFR 351.214. Commerce calculated export prices in
accordance with section 772 of the Act. Because the People's Republic
of China (China) is a nonmarket economy country (NME) within the
meaning of section 771(18) of the Act, Commerce calculated normal value
in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, dated
concurrently with these results and hereby adopted by this notice. 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
[[Page 65629]]
Central Records Unit, Room 7046 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
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period of review (POR) December
1, 2014, through May 31, 2015:
------------------------------------------------------------------------
Weighted-
average dumping
Exporter Producer margin
(percent)
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Huzhou Muyun Wood Co., Ltd..... Huzhou Muyun Wood Co., 0.00
Ltd.
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Disclosure and Public Comment
Commerce intends to disclose calculations 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 no later than 30 days after
the date of publication of these preliminary results of review.\2\
Rebuttals to case briefs may be filed no later than five days after the
time limit for filing case briefs.\3\ A table of contents, list of
authorities used, and an executive summary of issues should accompany
any briefs submitted to Commerce. This summary should be limited to
five pages total, including footnotes.
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\2\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general
filing requirements).
\3\ 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.\4\ 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.\5\
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\4\ See 19 CFR 351.310(c).
\5\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this new shipper
review, which will include the results of its analysis of issues raised
in any such comments, within 90 days of publication of these
preliminary results, pursuant to section 751(a)(2)(B)(iv) of the Act.
Assessment Rates
Upon issuing the final results of this new shipper review, Commerce
shall determine, and U.S. Customs and Border Protection (CBP) shall
assess, antidumping duties on all appropriate entries. Commerce intends
to issue assessment instructions to CBP 15 days after the date of
publication of the final results of this new shipper review. If the
individually examined respondent's weighted-average dumping margin is
above de minimis, we will calculate importer-specific ad valorem duty
assessment rates based on the ratio of the total amount of dumping
calculated for the importer's examined sales to the total entered value
of those same sales in accordance with 19 CFR 351.212(b)(1).\6\
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\6\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this new shipper review when the
importer-specific assessment rate calculated in the final results of
this review is above de minimis. Where either the respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
Commerce announced a refinement to its assessment practice in NME
cases. Pursuant to this refinement in practice, for entries that were
not reported in the U.S. sales databases submitted by Muyun for this
new shipper review, Commerce will instruct CBP to liquidate such
entries at the China-wide rate. In addition, if Commerce determines
that the exporter under review had no shipments of the subject
merchandise, any suspended entries that entered under that exporter's
case number (i.e., at that exporter's rate) will be liquidated at the
China-wide rate.\7\
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\7\ 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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The final results of this new shipper 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 deposits of
estimated duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this new shipper review for
shipments of the subject merchandise from China 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 the companies
listed above that have a separate rate, 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 China
and non-China 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 producer/exporter-specific combination
rate; (3) for all China 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 China-wide entity, or 58.84 percent; and (4) for
all non-China 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-China
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
[[Page 65630]]
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 Commerce'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 and 19 CFR 351.214.
Dated: December 14, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
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 Rate
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. Fair Value Comparisons
16. Differential Pricing Analysis
17. Results of the Differential Pricing Analysis
18. U.S. Price
19. Value Added Tax
20. Normal Value
21. Factor Valuations
22. Currency Conversion
23. Section 777A(f) of the Act
[FR Doc. 2018-27675 Filed 12-20-18; 8:45 am]
BILLING CODE 3510-DS-P