[Federal Register Volume 84, Number 93 (Tuesday, May 14, 2019)]
[Notices]
[Pages 21329-21331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09900]
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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 of Antidumping Duty New Shipper Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has conducted a new
shipper review (NSR) of the antidumping duty order on multilayered wood
flooring (MLWF) from the People's Republic of China (China). We have
determined that Huzhou Muyun Wood Co., Ltd., (Muyun) has failed to
demonstrate its qualification for a separate rate and is, therefore,
subject to the China-wide entity rate, which is not under review in
this period. The period of review (POR) is December 1, 2014, through
May 31, 2015.
DATES: Applicable May 14, 2019.
FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis, AD/CVD
Operations, Office IV, Enforcement & Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3147.
SUPPLEMENTARY INFORMATION:
Background
On July 29, 2015, Commerce initiated this NSR for Muyun in order to
determine whether imports into the United States of multilayered wood
flooring from China are being sold below normal value.\1\ On October
26, 2016, Commerce published the final rescission of Muyun's NSR, due
to the determination that Muyun's sale was non-bona fide.\2\ On
December 11, 2017, the Court of International Trade (CIT) remanded
Commerce's determination, holding that the conclusion that Muyun's sale
was non-bona fide was not supported by substantial evidence.\3\ On
March 6, 2018, Commerce released its final results of redetermination
pursuant to court order, continuing to find that
[[Page 21330]]
Muyun's sale was non-bona fide.\4\ On July 16, 2018, the CIT issued a
final judgement that Commerce's ultimate conclusion was not supported
by substantial evidence, that the rescission of the NSR could not be
upheld, and instructed Commerce to proceed with Muyun's NSR.\5\ On
August 16, 2018 Commerce published its notification to the public that
the final judgement in this case is not in harmony with the final
rescission.\6\
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\1\ See Multilayered Wood Flooring from the People's Republic of
China: Preliminary Rescission of 2014-2015 Antidumping Duty New
Shipper Reviews; 2014-2015 80 FR 45192 (July 29, 2015).
\2\ See Multilayered Wood Flooring from the People's Republic of
China: Rescission of Antidumping Duty New Shipper Reviews; 2014-
2015, 81 FR 74393 (October 26, 2016).
\3\ See Huzhou Muyun Wood Co., Ltd. v. United States, Court No.
16-00245, Slip Op. 17-162 (December 11, 2017).
\4\ See Final Results Redetermination Pursuant to Court Order in
Huzhou Muyun Wood Co., Ltd v. United States, Court No. 16-00245,
dated March 6, 2018.
\5\ See Huzhou Muyun Wood Co., Ltd. v. United States, Court No.
16-00245, Slip Op. 18-89 (CIT July 16, 2018).
\6\ See Multilayered Wood Flooring from the People's Republic of
China: Notice of Court Decision Not in Harmony with Final Rescission
of the Antidumping Duty New Shipper Review, 83 FR 40748 (August 16,
2018).
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On October 19, 2018, Commerce notified interested parties that a
new segment of the proceeding regarding Muyun's NSR had been
created.\7\ On November 5, 2018, Commerce released its timeline for the
instant proceeding, including the date of verification.\8\ Commerce
published its Preliminary Results on December 21, 2018.\9\ On January
29, 2019, 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.\10\ On
February 25, 2019, Muyun notified Commerce it would not be
participating in the scheduled verification.\11\
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\7\ See Memorandum, ``New Shipper Review of the Antidumping Duty
Order on Multilayered Wood Flooring from the People's Republic of
China--APO Access,'' dated October 19, 2018.
\8\ See Memorandum, ``New Shipper Review of the Antidumping Duty
Order on Multilayered Wood Flooring from the People's Republic of
China- Estimated Timeline,'' dated November 5, 2018.
\9\ See Multilayered Wood Flooring from the People's Republic of
China; Preliminary Results of Antidumping Duty New Shipper Review;
2014-2015, 83 FR 65628 (September 21, 2018) (Preliminary Results).
\10\ 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.
\11\ See letter from Muyun, ``Multilayered Wood Flooring from
the People's Republic of China- Response to Department regarding
Verification,'' dated February 25, 2019.
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Scope of the Order
The merchandise covered by the order includes MLWF, subject to
certain exceptions.\12\ 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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\12\ See Memorandum from Commerce, '' Issues and Decision
Memorandum for the Final Determination 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 (IDM) 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.
Analysis of Comments Received
No parties submitted comments.
Changes Since the Preliminary Results
We find that Muyun has failed to demonstrate its qualification for
a separate rate.
Results of New Shipper Review
In the Preliminary Results, Commerce determined that Muyun was
eligible for a separate rate, through evidence of absence of both de
jure and de facto government control over export activities, and
calculated a 0.00 percent weighted-average dumping margin.\13\ However,
Muyun subsequently notified Commerce that it would not be participating
in Commerce's scheduled verification, rendering Muyun's responses
unreliable and unverifiable.\14\ Accordingly, for these final results
of review, we have determined that Muyun has failed to demonstrate its
qualification for a separate rate and, thus, is part of the China-wide
entity.
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\13\ See Preliminary Results, 83 FR 65628.
\14\ See letter from Muyun, ``Multilayered Wood Flooring from
the People's Republic of China- Response to Department regarding
Verification,'' dated February 25, 2019.
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For further discussion of the issues addressed in this proceeding,
see the IDM.\15\ The IDM 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 Central Records Unit, room B8024 of the main Department of
Commerce building. In addition, a complete version of the IDM can be
accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed and the electronic versions of the IDM are
identical in content. A list of the topics addressed in the IDM is
contained in the Appendix to this notice.
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\15\ See IDM.
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Commerce intends to issue assessment instructions to CBP 15 days after
the publication date of the final results of this review. We intend to
instruct CBP to liquidate POR entries of subject merchandise exported
by Muyun at the China-wide entity rate, which is 25.62 percent.
Cash Deposit Requirements
The following cash deposit requirement will be effective upon
publication of the final results of this new shipper review for
shipments of the subject merchandise from China
[[Page 21331]]
entered, or withdrawn from warehouse, for consumption on or after the
publication date, as provided by section 751(a)(2)(C) of the Act: As
Muyun has not been found to be entitled to a separate rate, the cash
deposit rate will be that for the China-wide entity, or 25.62 percent.
These deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding APO
This notice also serves as a reminder to the parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of business proprietary information (BPI)
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern BPI in this segment of the proceeding. Timely
notification of 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 sanctionable violation.
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: May 7, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2019-09900 Filed 5-13-19; 8:45 am]
BILLING CODE 3510-DS-P