[Federal Register Volume 84, Number 51 (Friday, March 15, 2019)]
[Notices]
[Pages 9494-9495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04880]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Multilayered Wood Flooring From the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Review; 2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has determined that a 
request for a new shipper review (NSR) of the antidumping duty order on 
multilayered wood flooring from the People's Republic of China (China) 
meets the statutory and regulatory requirements for initiation. The 
period of review (POR) for this new shipper review is December 1, 2017, 
through November 30, 2018.

DATES: Applicable March 15, 2019.

FOR FURTHER INFORMATION CONTACT: William Horn or Alexis Cherry, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4868 or (202) 
482-0607, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the antidumping duty order on multilayered wood 
flooring from China on December 8, 2011.\1\ On December 19, 2018, 
Commerce received a timely NSR request from Muchsee Wood (Chuzhou) Co., 
Ltd. (Muchsee Wood) in accordance with section 751(a)(2)(B)(i) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(c).\2\ 
Commerce exercised its discretion to toll all deadlines affected by the 
partial federal government closure from December 22, 2018, through the 
resumption of operations on January 29, 2019. If the new deadline falls 
on a non-business day, in accordance with Commerce's practice, the 
deadline will become the next business day.\3\ The revised deadline for 
the NSR initiation decision is now March 12, 2019.
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    \1\ See Multilayered Wood Flooring from the People's Republic of 
China: Amended Final Determination of Sales at Less Than Fair Value 
and Antidumping Duty Order, 76 FR 76690 (December 8, 2011), as 
amended in Multilayered Wood Flooring from the People's Republic of 
China: Amended Antidumping and Countervailing Duty Orders, 77 FR 
5484 (February 3, 2012) (Order).
    \2\ See Muchsee Wood's Letter, ``Multilayered Wood Flooring from 
the People's Republic of China: Request for New Shipper Review,'' 
dated December 19, 2018 (Muchsee Initiation Request).
    \3\ See Memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
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    In its submission, Muchsee Wood certified that it is both the 
producer and exporter of the subject merchandise upon which the NSR 
request is based.\4\ Pursuant to section 751(a)(2)(B)(i)(I) of the Act 
and 19 CFR 351.214(b)(2)(i), Muchsee Wood certified that it did not 
export multilayered wood flooring to the United States during the 
period of investigation (POI).\5\ In addition, pursuant to section 
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), 
Muchsee Wood certified that, since the initiation of the investigation, 
it has never been affiliated with any producer or exporter that 
exported multilayered wood flooring to the United States during the 
POI, including those not individually examined during the 
investigation.\6\ As required by 19 CFR 351.214(b)(2)(iii)(B), Muchsee 
Wood also certified that its export activities were not controlled by 
the Government of China.\7\ Muchsee Wood additionally certified that it 
has had no subsequent shipments of subject merchandise.\8\
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    \4\ See Muchsee Initiation Request at 2.
    \5\ Id at Exhibit 2.
    \6\ Id.
    \7\ Id.
    \8\ Id. at 3.
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    In addition to the certifications described above, pursuant to 19 
CFR

[[Page 9495]]

351.214(b)(2)(iv), Muchsee Wood submitted documentation establishing 
the following: (1) The date on which the company first shipped 
multilayered wood flooring for export to the United States and the date 
on which the multilayered wood flooring was first entered, or withdrawn 
from warehouse, for consumption; (2) the volume of its first shipment; 
and (3) the date of its first sale to an unaffiliated customer in the 
United States.\9\
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    \9\ Id. at Exhibit 1.
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    Commerce conducted a query of the U.S. Customs and Border 
Protection (CBP) database and confirmed that Muchsee Wood's shipment of 
subject merchandise had entered the United States for consumption and 
that liquidation of such entries had been properly suspended for 
antidumping duties. The information which Commerce examined was 
consistent with that provided by Muchsee Wood in its request. In 
particular, the CBP data confirmed the price and quantity reported by 
Muchsee Wood for the sale that forms the basis of this NSR request. 
Commerce also confirmed by examining CBP data that Muchsee Wood's 
entries were made during the POR specified by Commerce's 
regulations.\10\
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    \10\ See Memorandum to the File, ``U.S. Customs and Border 
Protection Data'' for Muchsee Wood,'' dated concurrently with this 
notice; see also Memorandum to the File, ``Initiation of Antidumping 
New Shipper Review of Multilayered Wood Flooring from the People's 
Republic of China: Muchsee Wood (Chuzhou) Co., Ltd. Initiation 
Checklist'' (``Muchsee Wood Initiation Checklist''), dated 
concurrently with this notice.
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    On February 26, 2019, the petitioner, the American Manufacturers of 
Multilayered Wood Flooring (AMMWF), filed new factual information in 
response to Muchsee Wood's request for an NSR.\11\ Commerce accepted 
the petitioner's submission and established a timeline for interested 
parties to submit new factual information to rebut, clarify, or correct 
the information in the petitioner's submission.\12\ On March 8, 2019, 
Muchsee Wood timely submitted rebuttal information regarding its sale 
to an unaffiliated U.S. customer during the proposed POR. Because this 
new factual information and rebuttal information were filed so close in 
time to the March 12, 2019, deadline to initiate the NSR, there was 
insufficient time to perform the necessary analysis; therefore, 
Commerce will evaluate this information during the course of the 
review.
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    \11\ See Letter from Petitioner, ``Multilayered Wood Flooring 
From the People's Republic of China: Comments on Muchsee Wood's 
Request for New Shipper Review,'' dated February 26, 2019.
    \12\ See Memorandum to the File, ``Timeline to Rebut Factual 
Information for Muchsee Wood (Chuzhou) Co., Ltd.,'' dated March 1, 
2019.
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Period of Review

    Pursuant to 19 CFR 351.214(c), an exporter or producer may request 
an NSR within one year of the date on which its subject merchandise was 
first entered. Muchsee Wood requested this NSR within one year of the 
date on which its multilayered wood flooring was first entered, and 
made its request in the month of December, which is the anniversary 
month of the Order. In accordance with 19 CFR 351.214(g)(1)(i)(A), the 
POR is December 1, 2017, through November 30, 2018.

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act, 19 CFR 351.214(b), and 
the information on the record, Commerce finds that Muchsee Wood's 
request meets the threshold requirements for initiation of a NSR and is 
therefore initiating an NSR of Muchsee Wood.\13\ However, if the 
information supplied by Muchsee Wood is later found to be incorrect or 
insufficient during the course of this proceeding, Commerce may rescind 
the review or apply adverse facts available pursuant to section 776 of 
the Act, depending upon the facts on record. Commerce intends to issue 
the preliminary results within 180 days from the date of initiation, 
and the final results within 90 days from the issuance of the 
preliminary results.\14\
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    \13\ See Muchsee Wood Initiation Checklist.
    \14\ See section 751(a)(2)(B)(iii) of the Act and 19 CFR 
351.214(i).
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    It is our usual practice, in cases involving non-market economies, 
to require that a company seeking to establish eligibility for an 
antidumping duty rate separate from the country-wide rate (i.e., a 
separate rate) provide evidence of de jure and de facto absence of 
government control over the company's export activities.\15\ 
Accordingly, Commerce will issue questionnaires to Muchsee Wood that 
will include a section requesting information with regard to the 
company's export activities for the purpose of establishing its 
eligibility for a separate rate. The review will proceed if the 
response provides sufficient indication that Muchsee Wood is not 
subject to either de jure or de facto government control with respect 
to its exports of subject merchandise.
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    \15\ See Import Administration Policy Bulletin, Number: 05.1. 
(http://ia.ita.doc.gov/policy/bull05-1.pdf).
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    We will conduct this new shipper review in accordance with section 
751(a)(2)(B) of the Act, as amended by the Trade Facilitation and Trade 
Enforcement Act of 2015.\16\
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    \16\ The Trade Facilitation and Trade Enforcement Act of 2015 
removed from section 751(a)(2)(B) of the Act the provision directing 
Commerce to instruct Customs and Border Protection to allow an 
importer the option of posting a bond or security in lieu of a cash 
deposit during the pendency of a new shipper review.
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    Interested parties requiring access to proprietary information in 
this proceeding should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
19 CFR 351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).

    Dated: March 12, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-04880 Filed 3-14-19; 8:45 am]
 BILLING CODE 3510-DS-P