[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Notices]
[Pages 73252-73256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28069]


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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 the Antidumping Duty Administrative Review, 
Preliminary Determination of No Shipments, and Rescission of Review, in 
Part; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. (Senmao) did not 
make sales of subject merchandise at less than normal value (NV), and 
that certain companies had no shipments of subject merchandise during 
the period of review (POR) December 1, 2019, through November 30, 2020. 
In addition, we are rescinding the review with respect to one company. 
We invite interested parties to comment on these preliminary results.

DATES: Applicable December 27, 2021.

FOR FURTHER INFORMATION CONTACT: Sergio Balbontin 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) 482-6478 or (202) 
482-0607, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on multilayered wood flooring (MLWF) from the People's 
Republic of China (China).\1\ The review covers 96 companies, including 
mandatory respondent, Senmao.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 8166 (February 4, 2021); and 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 86 FR 17124 (April 1, 2021) (collectively, Initiation 
Notices).
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    For events that occurred since the Initiation Notice and the 
analysis behind our preliminary results herein, see the Preliminary 
Decision Memorandum.\2\ 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 https://access.trade.gov. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of topics 
discussed in the Preliminary Decision Memorandum is included as 
Appendix I to this notice.
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    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Multilayered Wood 
Flooring from the People's Republic of China; 2019-2020,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order \3\
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    \3\ See Multilayered Wood Flooring from the People's Republic of 
China: Notice of Amended Final Affirmative 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, 77 FR 5484 (February 3, 2012) 
(collectively, Order).
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    The product covered by the Order is MLWF from China. For a complete

[[Page 73253]]

description of the scope of this administrative review, see the 
Preliminary Decision Memorandum.

Partial Rescission of Review

    On May 3, 2021, the American Manufacturers of Multilayered Wood 
Flooring (the petitioner) and Kingman Floors Co., Ltd. (Kingman Floors) 
timely withdrew their requests for review with respect to Kingman 
Floors.\4\ No other parties requested a review of this company. 
Accordingly, Commerce is rescinding the administrative review with 
respect to Kingman Floors.\5\
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    \4\ See Petitioner's Letter, ``Withdrawal of Request for 
Administrative Review in Part''; and Kingman Floors' Letter, 
``Withdrawal of Request for Administrative Review of the Antidumping 
Duty Order,'' both dated May 3, 2021.
    \5\ See 19 CFR 351.213(d)(1).
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Preliminary Determination of No Shipments

    Based on an analysis of information from U.S. Customs and Border 
Protection (CBP), no shipment certifications, and other record 
information, we preliminarily determine that 41 companies had no 
shipments of subject merchandise during the POR. Consistent with our 
practice in non-market economy (NME) cases, we are not rescinding this 
review with respect to these companies but, rather, intend to complete 
the review and issue appropriate instructions to CBP based on the final 
results of the review.\6\
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    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME 
AD Assessment); see also the ``Assessment Rates'' section, below.
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Separate Rates

    We preliminarily determine that, in addition to Senmao, 10 
companies not individually-examined are eligible for separate rates in 
this administrative review.\7\ The Tariff Act of 1930, as amended (the 
Act) and Commerce's regulations do not address the establishment of a 
separate rate to be applied to companies not selected for individual 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce 
looks to section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in an investigation, for guidance when 
calculating the rate for separate-rate respondents which Commerce did 
not examine individually in an administrative review. For the 
preliminary results of this review, Commerce has determined the 
estimated dumping margin for Senmao to be zero.\8\ For the reasons 
explained in the Preliminary Decision Memorandum, we are assigning this 
rate to the non-examined respondents which qualify for a separate rate 
in this review.
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    \7\ See Appendix II; see also the Preliminary Decision 
Memorandum at the ``Separate Rate Determinations'' section for more 
details.
    \8\ See Memorandum, ``Preliminary Results Margin Calculation for 
Jiangsu Senmao Bamboo and Wood Industry Co., Ltd.,'' dated 
concurrently with this notice.
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The China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\9\ Under this policy, the 
China-wide entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the entity. Because 
no party requested a review of the China-wide entity, the entity is not 
under review, and the entity's rate (i.e. 85.13 percent) is not subject 
to change. See the Preliminary Decision Memorandum for further 
discussion.
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    \9\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
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    Aside from the companies for which we preliminarily find no 
shipments and the company for which the review is being rescinded, 
Commerce considers all other companies for which a review was requested 
and did not demonstrate separate rate eligibility to be part of the 
China-wide entity.\10\ For the preliminary results of this review, we 
consider 43 companies to be part of the China-wide entity.
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    \10\ See Initiation Notice (``All firms listed below that wish 
to qualify for separate rate status in the administrative reviews 
involving NME countries must complete, as appropriate, either a 
separate rate application or certification, as described below.'') 
Companies that are subject to this administrative review that are 
considered to be part of the China-wide entity are listed in 
Appendix II.
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Methodology

    We are conducting this administrative review in accordance with 
sections 751(a)(1)(B) of the Act and 19 CFR 351.213. We calculated 
export prices for Senmao in accordance with section 772(a) of the Act. 
Because China is an NME within the meaning of section 771(18) of the 
Act, we calculated NV in accordance with section 773(c) of the Act.

Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the POR December 1, 2019, through November 
30, 2020:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporters                             dumping
                                                              margin
                                                             (percent)
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Jiangsu Senmao Bamboo and Wood Industry Co., Ltd........           00.00
Non-Selected Companies Under Review Receiving a Separate           00.00
 Rate \11\..............................................
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Disclosure and Public Comment
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    \11\ See Appendix II.
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    We intend to disclose to interested parties the calculations 
performed for these preliminary results in accordance with 19 CFR 
351.224(b). A timeline for the submission of case briefs and written 
comments will be provided to interested parties at a later date. 
Rebuttal briefs, limited to issues raised in case briefs, may be 
submitted no later than seven days after the deadline date for case 
briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who 
submit case briefs or rebuttal briefs in this review are encouraged to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities. Executive 
summaries should be limited to five pages total, including footnotes. 
Case and rebuttal briefs should be filed using ACCESS \13\ and must be 
served on interested parties.\14\ Note that Commerce has modified 
certain of its requirements for serving documents containing business 
proprietary information until further notice.\15\
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    \12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 
(March 26, 2020) (``To provide adequate time for release of case 
briefs via ACCESS, E&C intends to schedule the due date for all 
rebuttal briefs to be 7 days after case briefs are filed (while 
these modifications remain in effect).'')
    \13\ See generally 19 CFR 351.303.
    \14\ See 19 CFR 351.303(f).
    \15\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, filed 
electronically via Commerce's electric records system, ACCESS. An 
electronically-filed request must be received successfully in its 
entirety by 5:00 p.m. Eastern Time within 30 days after the date of

[[Page 73254]]

publication of this notice.\16\ Requests should contain the party's 
name, address, and telephone number, the number of participants, 
whether any participant is a foreign national, and a list of the issues 
to be discussed. If a request for a hearing is made, Commerce intends 
to hold the hearing at a time and date to be determined.\17\ Parties 
should confirm by telephone the date and time of the hearing two days 
before the scheduled date.
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    \16\ See 19 CFR 351.310(c)
    \17\ See 19 CFR 351.310(d).
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    Unless otherwise extended, we intend to issue the final results of 
this administrative review, which will include the results of our 
analysis of the issues raised in the case briefs, within 120 days of 
publication of these preliminary results in the Federal Register, 
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon for its final results. Normally, 
Commerce verifies information using standard procedures, including an 
on-site examination of original accounting, financial, and sales 
documentation. However, due to current travel restrictions in response 
to the global COVID-19 pandemic, Commerce is unable to conduct on-site 
verification in this review. Accordingly, we intend to verify the 
information relied upon for the final results through alternative means 
in lieu of an on-site verification.

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review, in accordance with 19 CFR 351.212(b). Commerce intends 
to issue assessment instructions to CBP 35 days after the publication 
of the final results of this review.
    If Senmao's ad valorem weighted-average dumping margin is not zero 
or de minimis (i.e., less than 0.50 percent) in the final results of 
this review, Commerce will calculate importer-specific assessment rates 
on the basis of the ratio of the total amount of dumping calculated for 
the importer's examined sales and the total quantity of those sales, in 
accordance with 19 CFR 351.212(b)(1).\18\ Commerce will also calculate 
(estimated) ad valorem importer-specific assessment rates with which to 
assess whether the per-unit assessment rate is de minimis. We will 
instruct CBP to assess antidumping duties on all appropriate entries 
covered by this review when the importer-specific ad valorem assessment 
rate calculated in the final results of this review is not zero or de 
minimis.
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    \18\ 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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    For the respondents that were not selected for individual 
examination in this administrative review that qualified for a separate 
rate, the assessment rate will be the separate rate established in the 
final results of this administrative review.
    If, in the final results, Senmao's weighted-average dumping margin 
continues to be zero or de minimis (i.e., less than 0.5 percent), 
Commerce will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.\19\ For entries that were not reported in 
the U.S. sales databases submitted by Senmao during this review, and 
for the 43 companies that do not qualify for a separate rate, Commerce 
will instruct CBP to liquidate such entries at the China-wide rate 
(i.e., 85.13 percent).\20\ In addition, if we continue to find no 
shipments of subject merchandise for the 41 companies for which we 
preliminarily find no such shipments during the POR,\21\ any suspended 
entries of subject merchandise associated with those companies will be 
liquidated at the China-wide rate.\22\
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    \19\ See 19 CFR 351.106(c)(2).
    \20\ See Multilayered Wood Flooring from the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review 
and Final Determination of No Shipments; 2016-2017, 84 FR 38002 
(August 5, 2019).
    \21\ See Appendix II for a list of these companies.
    \22\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
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    For the company for which the administrative review is rescinded, 
antidumping duties shall be assessed at a rate equal to the cash 
deposit of estimated antidumping duties required at the time of entry, 
or withdrawal from warehouse, for consumption, in accordance with 19 
CFR 351.212(c)(1)(i).
    We intend to issue appropriate assessment instructions with respect 
to the company for which this administrative review is rescinded to CBP 
35 days after the publication of the final results in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for all shipments of 
the subject merchandise from China entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for 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 review (except, if 
the rate is de minimis, then a cash deposit rate of zero will be 
required); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters for which a review was not requested and that 
received a separate rate in a prior segment of this proceeding, the 
cash deposit rate will continue to be the existing exporter-specific 
rate; (3) for all Chinese exporters of subject merchandise that have 
not been found to be entitled to a separate rate, the cash deposit rate 
will be the rate for the China-wide entity (i.e., 85.13 percent); and 
(4) for all non-Chinese exporters of subject merchandise that have not 
received their own rate, the cash deposit rate will be the rate 
applicable to Chinese exporter that supplied that non-Chinese exporter. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.
    We are issuing and publishing the preliminary results of this 
review in accordance with sections 751(a)(l) and 777(i)(l) of the Act 
and 19 CFR 351.221(b)(4).


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    Dated: December 17, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, 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

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Selection of Respondents
VI. Preliminary Determination of No Shipments
VII. Discussion of the Methodology
VIII. Recommendation

Appendix II

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No Shipments:
    Anhui Longhua Bamboo Product Co., Ltd.
    Arte Mundi (Shanghai) Aesthetic Home Furnishings Co., Ltd.
     (successor-in-interest to Scholar Home (Shanghai) New Material Co.,
     Ltd.) \23\
    Baroque Timber Industries (Zhongshan) Co., Ltd.
    Benxi Wood Company
    Dalian Deerfu Wooden Product Co., Ltd.
    Dalian Jaenmaken Wood Industry Co., Ltd.
    Dalian Jiahong Wood Industry Co., Ltd.
    Dalian Shengyu Science And Technology Development Co., Ltd.
    Dongtai Fuan Universal Dynamics, LLC
    Dunhua City Dexin Wood Industry Co., Ltd.
    Dunhua City Hongyuan Wood Industry Co., Ltd.
    Dunhua City Jisen Wood Industry Co., Ltd.
    Fine Furniture (Shanghai) Limited
    HaiLin LinJing Wooden Products Co., Ltd.
    Hunchun Xingjia Wooden Flooring Inc.
    Huzhou Chenghang Wood Co., Ltd
    Huzhou Fulinmen Imp. & Exp. Co., Ltd.
    Huzhou Sunergy World Trade Co., Ltd.
    Jiangsu Keri Wood Co., Ltd.
    Jiangsu Mingle Flooring Co., Ltd
    Jiangsu Simba Flooring Co., Ltd.
    Jiangsu Yuhui International Trade Co., Ltd.
    Jiashan On-Line Lumber Co., Ltd.
    Jiaxing Hengtong Wood Co., Ltd.
    Jilin Xinyuan Wooden Industry Co., Ltd.
    Kember Flooring, Inc. (a.k.a. Kember Hardwood Flooring, Inc.)
    Linyi Anying Wood Co., Ltd.
    Linyi Youyou Wood Co., Ltd.
    Muchsee Wood (Chuzhou) Co., Ltd.
    Pinge Timber Manufacturing (Zhejiang) Co., Ltd.
    Power Dekor Group Co., Ltd.
    Sino-Maple (Jiangsu) Co., Ltd.
    Suzhou Dongda Wood Co., Ltd.
    Tongxiang Jisheng Import and Export Co., Ltd.
    Yekalon Industry Inc.
    Yihua Lifestyle Technology Co., Ltd. (successor-in-interest to
     Guangdong Yihua Timber Industry Co., Ltd.)
    Yingyi-Nature (Kunshan) Wood Industry Co., Ltd.
    Zhejiang Dadongwu Greenhome Wood Co., Ltd.
    Zhejiang Longsen Lumbering Co., Ltd.
    Zhejiang Shiyou Timber Co., Ltd.
    Zhejiang Shuimojiangnan New Material Technology Co., Ltd.
China-Wide Entity:
    A & W (Shanghai) Woods Co., Ltd.
    Anhui Boya Bamboo & Wood Products Co., Ltd.
    Anhui Yaolong Bamboo & Wood Products Co. Ltd.
    Armstrong Wood Products (Kunshan) Co., Ltd.
    Armstrong World Industries Inc.
    Changzhou Hawd Flooring Co., Ltd.
    Chinafloors Timber (China) Co., Ltd.
    Dalian Dajen Wood Co., Ltd.
    Dalian Guhua Wooden Product Co., Ltd.
    Dalian Huade Wood Product Co., Ltd.
    Dalian Huilong Wooden Products Co., Ltd.
    Dalian Kemian Wood Industry Co., Ltd.
    Dalian Qianqiu Wooden Product Co., Ltd., Fusong Jinlong Wooden Group
     Co., Ltd., Fusong Jinqiu Wooden Product Co., Ltd., and Fusong
     Qianqiu Wooden Product Co., Ltd. (collectively, Fusong Jinlong
     Group)
    Dalian T-Boom Wood Products Co., Ltd.
    Guangzhou Homebon Timber Manufacturing Co., Ltd.
    Guangzhou Panyu Kangda Board Co., Ltd.
    Guangzhou Panyu Southern Star Co., Ltd.
    Hangzhou Hanje Tec Company Limited
    Hangzhou Zhengtian Industrial Co., Ltd.

[[Page 73256]]

 
    Hunchun Forest Wolf Wooden Industry Co., Ltd.
    Huzhou Jesonwood Co., Ltd.
    Innomaster Home (Zhongshan) Co., Ltd.
    Jiafeng Wood (Suzhou) Co., Ltd.
    Jilin Forest Industry Jinqiao Flooring Group Co., Ltd.
    Karly Wood Product Limited
    Kemian Wood Industry (Kunshan) Co., Ltd.
    Linyi Bonn Flooring Manufacturing Co., Ltd.
    Mudanjiang Bosen Wood Industry Co., Ltd.
    Nakahiro Jyou Sei Furniture (Dalian) Co., Ltd.
    Omni Arbor Solution Co., Ltd.
    Power Dekor North America Inc.
    Shandong Longteng Wood Co., Ltd.
    Shanghai Lairunde Wood Co., Ltd.
    Shanghaifloor Timber (Shanghai) Co., Ltd.
    Shenyang Haobainian Wooden Co., Ltd.
    Shenzhenshi Huanwei Woods Co., Ltd.
    Xiamen Yung De Ornament Co., Ltd.
    Xuzhou Antop International Trade Co., Ltd.
    Xuzhou Shenghe Wood Co., Ltd.
    Zhejiang Biyork Wood Co., Ltd.
    Zhejiang Fudeli Timber Industry Co., Ltd.
    Zhejiang Jiechen Wood Industry Co., Ltd.
    Zhejiang Simite Wooden Co., Ltd.
Rescissions:
    Kingman Floors Co., Ltd.
Non-Selected Companies Under Review Receiving a Separate Rate:
    Benxi Flooring Factory (General Partnership)
    Dalian Penghong Floor Products Co., Ltd./Dalian Shumaike Floor
     Manufacturing Co., Ltd.
    Dun Hua Sen Tai Wood Co., Ltd.
    Dunhua Shengda Wood Industry Co., Ltd
    Jiangsu Guyu International Trading Co., Ltd
    Jiashan HuiJiaLe Decoration Material Co., Ltd.
    Kingman Wood Industry Co., Ltd.
    Lauzon Distinctive Hardwood Flooring, Inc.
    Metropolitan Hardwood Floors, Inc.
    Zhejiang Fuerjia Wooden Co., Ltd.
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    \23\ Arte Mundi Group Co. Ltd. (Arte Mundi Group), submitted a 
timely no shipment certification in which it reported that Arte 
Mundi Shanghai changed its name to Arte Mundi Group during the POR, 
however, the company did not respond to Commerce's successor-in-
interest questionnaire. Therefore, we did not make a no-shipments 
determination with respect to Arte Mundi Group. See the Preliminary 
Determination Memorandum for further details.
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[FR Doc. 2021-28069 Filed 12-23-21; 8:45 am]
BILLING CODE 3510-DS-P