[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Notices]
[Pages 79859-79862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28273]


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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, Preliminary Successor-in-
Interest Determination, and Rescission of Review, in Part; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Zhejiang Fuerjia Wooden Co., Ltd. (Fuerjia) did not 
make sales of subject merchandise at less than normal value (NV), that 
certain companies had no shipments of subject merchandise during the 
period of review (POR) December 1, 2020, through November 30, 2021, 
that Arte Mundi Group Co., Ltd. (Arte Mundi Group) is the successor-in-
interest to Arte Mundi (Shanghai) Aesthetic Home Furnishings Co., Ltd. 
(Arte Mundi Shanghai), and that Metropolitan Hardwood Floors, Inc. 
(Metropolitan) is part of the China-wide entity. Finally, we are 
rescinding the review with respect to certain companies. Interested 
parties are invited to comment on these preliminary results.

DATES: Applicable December 28, 2022.

FOR FURTHER INFORMATION CONTACT: Alexis Cherry or Max Goldman, 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) 
482-0224, 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 49 companies, including 
mandatory respondents Fuerjia and Metropolitan.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 6487 (February 4, 2022) (Initiation 
Notice).
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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; 2020-2021,'' 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: Amended Antidumping and 
Countervailing Duty Orders, 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 79860]]

description of the scope of the Order, see the Preliminary Decision 
Memorandum.

Partial Rescission of Review

    On February 7, 2022, Zhejiang Yuhua Timber Co. Ltd. (Zhejiang 
Yuhua) and A-Timber Flooring Company Limited (A-Timber) withdrew their 
requests for review.\4\ On April 13, 2022, the American Manufacturers 
of Multilayered Wood Flooring (the petitioner) withdrew its request for 
an administrative review with respect to Jiangsu Senmao Bamboo and Wood 
Industry Co., Ltd. (Senmao),\5\ and on April 14, 2022, Senmao withdrew 
its request for review of itself.\6\ Finally, on April 25, 2022, 
Kingman Floors Co., Ltd. (Kingman Floors) withdrew its request for 
review of itself.\7\ No other parties requested a review of these four 
companies. Accordingly, Commerce is rescinding the administrative 
review with respect to Zhejiang Yuhua, A-Timber, Kingman Floors, and 
Senmao.\8\
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    \4\ See Zhejiang Yuhua and A-Timber's Letter, ``Withdrawal of 
Request for Administrative Review,'' dated February 7, 2022.
    \5\ See Petitioner's Letter, ``Partial Withdrawal of Request for 
Administrative Review,'' dated April 13, 2022.
    \6\ See Senmao's Letter, ``Withdrawal of Request for 
Administrative Review,'' dated April 14, 2022.
    \7\ See Kingman Floor's Letter, ``Notice of Withdrawal of 
Request for 2020-2021 Administrative Review,'' dated April 25, 2022.
    \8\ See 19 CFR 351.213(d)(1).
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    Jiashan HuiJiaLe Decoration Material Co., Ltd. (Jiashan HuiJiaLe) 
also withdrew its request for an administrative review of itself.\9\ 
However, the petitioner also requested a review of Jiashan HuiJiaLe and 
did not withdraw its request.\10\ Accordingly, we are not rescinding 
the administrative review with respect to Jiashan HuiJiaLe.
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    \9\ See Jiashan HuiJiaLe's Letter, ``Notice of Withdrawal of 
Request for 2020-2021 Administrative Review,'' dated March 4, 2022.
    \10\ See Petitioner's Letter, ``Request for Administrative 
Review,'' dated December 30, 2021.
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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 34 companies had no 
shipments of subject merchandise during the POR.\11\ Consistent with 
our practice in non-market economy (NME) cases, we are not rescinding 
this review with respect to these companies but, rather, we intend to 
complete the review and issue appropriate instructions to CBP based on 
the final results of the review.\12\
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    \11\ See Appendix II for a list of these companies.
    \12\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME 
AD Assessment).
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Separate Rates

    We preliminarily determine that, in addition to Fuerjia, four 
companies not individually-examined are eligible for separate rates in 
this administrative review.\13\ 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 
determining the rate for separate-rate respondents that are not 
individually examined in an administrative review. Section 735(c)(5)(A) 
of the Act states that the all-others rate should be calculated by 
averaging the weighted-average dumping margins for individually 
examined respondents, excluding dumping margins that are zero, de 
minimis, or based entirely on facts available. Where the dumping 
margins for individually examined respondents are all zero, de minimis, 
or based entirely on facts available, section 735(c)(5)(B) of the Act 
provides that Commerce may use ``any reasonable method'' to establish 
the estimated all others rate.
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    \13\ See Appendix II for a list of these companies.
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    For the preliminary results of this review, Commerce has determined 
the estimated dumping margin for Fuerjia to be zero. Consistent with 
the guidance of section 735(c)(5)(B) of the Act, and 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.

The China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\14\ 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.\15\
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    \14\ 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).
    \15\ 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).
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    Commerce selected Metropolitan as one of two mandatory respondents 
in this administrative review.\16\ Metropolitan then notified Commerce 
that it did not intend to participate in the review.\17\ Because 
Metropolitan did not respond to the questionnaire, it has not 
established its eligibility for a separate rate despite submitting a 
timely separate rate certification.\18\ Therefore, Commerce considers 
Metropolitan to be part of the China-wide entity. See the Preliminary 
Decision Memorandum for further discussion.
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    \16\ See Memorandum, ``Second Respondent Selection,'' dated May 
5, 2022.
    \17\ See Metropolitan's Letter, ``10th AD Administrative 
Review,'' dated May 24, 2022.
    \18\ See Metropolitan's Letter, ``Submission of Separate Rate 
Certification,'' dated March 4, 2022; see also Initiation Notice 
(``Furthermore, exporters and producers who submit a Separate Rate 
Application or Certification and subsequently are selected as 
mandatory respondents will no longer be eligible for separate rate 
status unless they respond to all parts of the questionnaire as 
mandatory respondents.'')
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    Aside from the companies for which we preliminarily find had no 
shipments and the companies 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.\19\ For the preliminary results of this review, we 
consider six companies, including Metropolitan, to be part of the 
China-wide entity.
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    \19\ See Initiation Notice, 87 FR at 6489 (``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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Preliminary Results of Successor-in-Interest Analysis

    Arte Mundi Group reported that during the POR, it changed its 
English name from Arte Mundi Shanghai to Arte Mundi Group.\20\ Based on 
our analysis of the information on the record regarding any changes 
with respect to corporate structure, manufacturing facilities, 
customers, and suppliers, we

[[Page 79861]]

preliminarily determine that Arte Mundi Group is the successor-in-
interest to Arte Mundi Shanghai and, as a result, should be accorded 
the same treatment previously accorded to Arte Mundi Shanghai for cash 
deposit purposes. See the Preliminary Decision Memorandum for further 
information. Should our final results of review remain the same as 
these preliminary results of review, effective the date of publication 
of the final results of review, we will instruct CBP to apply Arte 
Mundi Shanghai's cash deposit rate to Arte Mundi Group.
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    \20\ See Arte Mundi Group's Letter, ``No Shipment Letter for 
Arte Mundy {sic{time}  Group/Arte Mundi Shanghai/Scholar Home in the 
10th Administrative Review of the Antidumping Duty Order on 
Multilayered Wood Flooring from the People's Republic of China,'' 
dated March 7, 2022.
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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 Fuerjia 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, 2020, through November 
30, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporters                             dumping
                                                                margin
                                                               (percent)
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Zhejiang Fuerjia Wooden Co., Ltd............................        0.00
Non-Selected Companies Under Review Receiving a Separate            0.00
 Rate \21\..................................................
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Disclosure and Public Comment

    We intend to disclose to interested parties the calculations 
performed for these preliminary results 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.\22\ Rebuttal briefs, limited to issues raised in case briefs, 
may be submitted no later than seven days after the deadline date for 
case briefs.\23\ 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 \24\ and must be 
served on interested parties.\25\ Note that Commerce has modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\26\
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    \21\ See Appendix II.
    \22\ See 19 CFR 351.309(c).
    \23\ 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).'').
    \24\ See generally 19 CFR 351.303.
    \25\ See 19 CFR 351.303(f).
    \26\ 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 
publication of this notice.\27\ 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.\28\ Parties 
should confirm by telephone the date and time of the hearing two days 
before the scheduled date.
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    \27\ See 19 CFR 351.310(c)
    \28\ 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 and rebuttal 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).

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)(1). Commerce 
intends to issue assessment instructions to CBP 35 days after the 
publication of the final results of this review. 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).
    If Fuerjia'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).\29\ 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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    \29\ 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, Fuerjia'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.\30\ For entries that were not reported in 
the U.S. sales databases submitted by Fuerjia during this review, and 
for the 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).\31\ In addition, if in the final results we 
continue to find no shipments of subject merchandise for the 34 
companies for which we preliminarily find no such shipments during the 
POR,\32\ any suspended entries of subject merchandise associated with 
those companies will be liquidated at the China-wide rate.\33\
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    \30\ See 19 CFR 351.106(c)(2).
    \31\ 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).
    \32\ See Appendix II for a list of these companies.
    \33\ See NME AD Assessment.

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[[Page 79862]]

    For the companies 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 to CBP with respect to the companies for which this 
administrative review is rescinded 35 days after the publication of the 
preliminary results in the Federal Register.

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 
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 the 
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)(2) 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, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing duties.

Notification to Interested Parties

    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, 
19 CFR 351.213(d)(4), and 19 CFR 351.221(b)(4).

    Dated: December 21, 2022.
Lisa W. Wang,
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. Preliminary Successor-in-Interest Determination
VIII. Discussion of the Methodology
IX. Recommendation

Appendix II

No Shipments

Anhui Longhua Bamboo Product Co., Ltd.
Arte Mundi Group Co., Ltd. (successor-in-interest to Arte Mundi 
(Shanghai) Aesthetic Home Furnishings Co., Ltd.)
Benxi Flooring Factory (General Partnership)
Benxi Wood Company
Dalian Deerfu Wooden Product Co., Ltd.
Dalian Jiahong Wood Industry Co., Ltd.
Dalian Shengyu Science And Technology Development Co., Ltd.
Dongtai Fuan Universal Dynamics, LLC
Dun Hua Sen Tai Wood Co., Ltd.
Dunhua City Dexin Wood Industry Co., Ltd.
Dunhua City Hongyuan Wood Industry Co., Ltd.
Dunhua Shengda Wood Industry Co., Ltd.
HaiLin LinJing Wooden Products Co., Ltd.
Hunchun Xingjia Wooden Flooring Inc.
Huzhou Chenghang Wood 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.
Kingman Wood Industry Co., Ltd.
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.
Zhejiang Longsen Lumbering Co., Ltd.
Zhejiang Shiyou Timber Co., Ltd.
Zhejiang Shuimojiangnan New Material Technology Co., Ltd.

China-Wide Entity

Jiashan HuiJiaLe Decoration Material Co., Ltd.
Jiaxing Hengtong Wood Co., Ltd.
Lauzon Distinctive Hardwood Flooring, Inc.
Metropolitan Hardwood Floors, Inc.
Yihua Lifestyle Technology Co., Ltd. (successor-in-interest to 
Guangdong Yihua Timber Industry Co., Ltd.)
Yingyi-Nature (Kunshan) Wood Industry Co., Ltd.

Rescissions

A-Timber Flooring Company Limited
Jiangsu Senmao Bamboo and Wood Industry Co., Ltd.
Kingman Floors Co., Ltd.
Zhejiang Yuhua Timber Co. Ltd.

Non-Selected Companies Under Review Receiving a Separate Rate

Dalian Penghong Floor Products Co., Ltd./Dalian Shumaike Floor 
Manufacturing Co., Ltd.
Huzhou Fulinmen Imp. & Exp. Co., Ltd.
Jiangsu Guyu International Trading Co., Ltd.
Zhejiang Dadongwu Greenhome Wood Co., Ltd.

[FR Doc. 2022-28273 Filed 12-27-22; 8:45 am]
BILLING CODE 3510-DS-P