[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20120-20121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07085]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-971]


Multilayered Wood Flooring From the People's Republic of China: 
Final Results of Expedited Second Sunset Review of the Countervailing 
Duty Order

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

SUMMARY: As a result of this expedited second sunset review, the 
Department of Commerce (Commerce) finds that revocation of the 
countervailing duty (CVD) order on multilayered wood flooring (MLWF) 
from the People's Republic of China (China) would likely lead to 
continuation or recurrence of a countervailable subsidy at the levels 
indicated in the ``Final Results of Review'' section of this notice.

DATES: Applicable April 5, 2023.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Jonathan Schueler, 
AD/CVD Operations, Office VIII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Ave. NW, Washington, DC 20230; telephone: (202) 482-5973 
or (202) 482-9175, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 8, 2011, Commerce published the CVD order on MLWF from 
China.\1\ On November 1, 2022, Commerce initiated the second sunset 
review of the Order pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act) and 19 CFR 351.218(c).\2\ Commerce received 
a notice of intent to participate in the review on behalf of the 
American Manufacturers of Multilayered Wood Flooring (AMMWF), a 
domestic interested party, within the deadline specified in 19 CFR 
351.218(d)(1)(i).\3\ AMMWF's members include AHF Product, LLC, Cahaba 
Veneer, Mohawk Industries, Inc., and Mullican Flooring, L.P. AMMWF 
claimed interested party status under section 771(9)(F) of the Act, as 
an association comprised of domestic producers of the domestic like 
product.
---------------------------------------------------------------------------

    \1\ See Multilayered Wood Flooring from the People's Republic of 
China: Countervailing Duty Order, 76 FR 76693 (December 8, 2011); 
see also Multilayered Wood Flooring from the People's Republic of 
China: Amended Antidumping and Countervailing Duty Orders, 77 FR 
5484 (February 3, 2012), wherein the scope of the Order was modified 
(collectively, Order).
    \2\ See Initiation of Five-Year (``Sunset'') Reviews, 87 FR 
73757 (December 1, 2022).
    \3\ See AMMWF's Letter, ``Notice of Intent to Participate in 
Sunset Review,'' dated December 13, 2022.
---------------------------------------------------------------------------

    Commerce received an adequate substantive response from AMMWF 
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\4\ 
Commerce did not receive a substantive response from the Government of 
China or any other respondent interested party to the proceeding, and 
no hearing was requested.
---------------------------------------------------------------------------

    \4\ See AMMWF's Letter, ``Substantive Response to Notice of 
Initiation of Sunset Review'' dated January 3, 2023.
---------------------------------------------------------------------------

    On January 25, 2023, Commerce notified the U.S. International Trade

[[Page 20121]]

Commission that it did not receive an adequate substantive response 
from respondent interested parties.\5\ As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted an expedited (120-day) sunset review of this Order.
---------------------------------------------------------------------------

    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on 
December 1, 2022,'' dated January 25, 2022.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by this order are certain multilayered wood 
flooring which are composed of an assembly of two or more layers or 
plies of wood veneer(s) \6\ in combination with a core. For a full 
description of the scope, see the Issues and Decision Memorandum.\7\
---------------------------------------------------------------------------

    \6\ A ``veneer'' is a thin slice of wood, rotary cut, sliced or 
sawed from a log, bolt or flitch. Veneer is referred to as a ply 
when assembled.
    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Second Sunset Review of the 
Countervailing Duty Order on Multilayered Wood Flooring from the 
People's Republic of China,'' (Issues and Decision Memorandum) dated 
concurrently with, and hereby adopted by, this notice.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum. A list of topics discussed in the Issues and 
Decision Memorandum is included as an appendix to this notice. The 
Issues and 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 Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNotices/ListLayout.aspx.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b)(1) of the Act, we 
determine that revocation of the CVD order on MLWF from China would be 
likely to lead to continuation or recurrence of countervailable 
subsidies at the rates listed below:

------------------------------------------------------------------------
                                                              Net
                                                        countervailable
                  Producer/exporter                       subsidy rate
                                                           (percent)
------------------------------------------------------------------------
Fine Furniture (Shanghai) Ltd.; Great Wood (Tonghua)                1.90
 Ltd.; Fine Furniture Plantation (Shishou) Ltd.......
All-Others...........................................              18.87
124 Non-Cooperating Companies \8\....................              43.96
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order
---------------------------------------------------------------------------

    \8\ Commerce assigned a rate based on facts available with an 
adverse inference (AFA) to 124 non-cooperating companies in the 
investigation. For the full list of these companies, see 
Multilayered Wood Flooring from the People's Republic of China: 
Final Affirmative Countervailing Duty Determination, 76 FR 64313 
(October 18, 2011).
---------------------------------------------------------------------------

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a violation which is subject 
to sanction.

Notification to Interested Parties

    Commerce is issuing and publishing these final results and notice 
in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act 
and 19 CFR 351.218.

    Dated: March 27, 2023.
Lisa W. Wang,
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. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    a. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    b. Net Countervailable Subsidy Rates Likely to Prevail
    c. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2023-07085 Filed 4-4-23; 8:45 am]
BILLING CODE 3510-DS-P