[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Notices]
[Pages 42293-42295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13955]


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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 Administrative Review, Final 
Determination of No Shipments, and Final Successor-in-Interest 
Determination; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Zhejiang Fuerjia Wooden Co., Ltd. (Fuerjia) has not made sales of 
multilayered wood flooring (wood flooring) from the People's Republic 
of China (China) at prices below normal value during the period of 
review (POR) December 1, 2020, through November 30, 2021. In addition, 
Commerce determines that certain companies had no shipments during the 
POR or did not establish their eligibility for a separate rate, and 
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).

DATES: Applicable June 30, 2023.

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: 202-482-0607 and 202-482-
0224, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Results of the administrative 
review on December 28, 2022.\1\ For the events that occurred since 
Commerce published the Preliminary Results, see the Issues and Decision 
Memorandum.\2\ Commerce conducted this review in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act). On 
April 20, 2023, we extended the deadline for these final results to 
June 23, 2023.\3\
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    \1\ See 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, 87 FR 79859 (December 28, 2022) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum: 
Antidumping Duty Administrative Review of Multilayered Wood Flooring 
from the People's Republic of China; 2020-2021,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2020-2021,'' dated April 20, 
2023.
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Scope of the Order \4\
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    \4\ 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); see also Multilayered Wood Flooring from the 
People's Republic of China: Final Clarification of the Scope of the 
Antidumping and Countervailing Duty Orders, 82 FR 27799 (June 19, 
2017).
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    The product covered by the Order is wood flooring from China. A 
full description of the scope of the Order is contained in the Issues 
and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the parties' briefs are addressed in the 
Issues and Decision Memorandum. A list of these issues is attached to 
this notice.\5\ 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

[[Page 42294]]

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/FRNoticesListLayout.aspx.
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    \5\ See Appendix 1.
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Changes From the Preliminary Results

    Based on information received since the Preliminary Results and for 
the reasons explained in the Issues and Decision Memorandum, we are 
revising the surrogate value for labor.\6\
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    \6\ See Issues and Decision Memorandum at ``Changes to the 
Preliminary Results'' and Comment 3.
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Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that certain 
companies did not have shipments of subject merchandise during the 
POR.\7\ These companies are listed in Appendix II of this notice. As we 
received no information to contradict our preliminary determination 
with respect to those companies, we continue to find that they made no 
shipments of subject merchandise to the United States during the POR. 
Accordingly, we will issue appropriate instructions that are consistent 
with our ``automatic assessment'' clarification for all of the 
companies listed in Appendix II.\8\
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    \7\ See Preliminary Results PDM at 6-8.
    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Notice); see also ``Assessment Rates'' section, below.
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Final Results of Successor-in-Interest Analysis

    In the Preliminary Results, Commerce determined that Arte Mundi 
Group is the successor-in-interest to Arte Mundi Shanghai.\9\ No party 
commented on this issue, and we have not received any information to 
contradict our preliminary finding. Therefore, we continue to find that 
Arte Mundi Group is the successor-in-interest to Arte Mundi Shanghai.
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    \9\ See Preliminary Results PDM at 8-11.
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Separate Rates

    We determine that Fuerjia and four additional companies that were 
not selected for individual review demonstrated their eligibility for 
separate rates. These companies are listed in the table in the ``Final 
Results of Administrative Review'' section below. We continue to find 
that Metropolitan Hardwood Floors, Inc.\10\ and five other companies 
are not eligible for a separate rate. These companies are listed in 
Appendix III of this notice.
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    \10\ See Issues and Decision Memorandum at Comment 2.
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Rate for Non-Examined Separate Rate Respondents

    The statute and our regulations do not address the establishment of 
a rate to be assigned to respondents not selected for individual 
examination when we limit our examination of companies subject to the 
administrative review pursuant to section 777A(c)(2)(B) of the Act. 
Generally, we look 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 respondents not individually 
examined in an administrative review. Under section 735(c)(5)(A) of the 
Act, the all-others rate is normally ``an amount equal to the weighted 
average of the estimated weighted average dumping margins established 
for exporters and producers individually investigated, excluding any 
zero and de minimis margins, and any margins determined entirely {on 
the basis of facts available{time} .'' Accordingly, Commerce's usual 
practice in determining the rate for separate-rate respondents not 
selected for individual examination, has been to average the weighted-
average dumping margins of the selected companies, excluding rates that 
are zero, de minimis, or based entirely on facts available.\11\ 
However, when the weighted-average dumping margins established for all 
individually investigated respondents are zero, de minimis, or based 
entirely on facts available, section 735(c)(5)(B) of the Act permits 
Commerce to ``use any reasonable method to establish the estimated all-
others rate for exporters and producers not individually investigated, 
including averaging the estimated weighted-average dumping margins 
determined for the exporters and producers individually investigated.'' 
\12\
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    \11\ See Longkou Haimeng Mach. Co. v. United States, 581 F. 
Supp. 2d 1344, 1357-60 (CIT 2008) (affirming Commerce's 
determination to assign a 4.22 percent dumping margin to the 
separate-rate respondents in a segment where the three mandatory 
respondents received dumping margins of 4.22 percent, 0.03 percent, 
and zero percent, respectively); see also Certain Kitchen Appliance 
Shelving and Racks from the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, 74 FR 36656, 36660 
(July 24, 2009).
    \12\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016).
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    For the final results of this review, we continue to determine the 
estimated dumping margin for Fuerjia, the sole cooperative mandatory 
respondent in this review, to be zero percent. Thus, consistent with 
the Preliminary Results, we are assigning this rate to the non-examined 
respondents which qualify for a separate rate in this review.\13\
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    \13\ See Preliminary Results PDM at 15-16; see also Issues and 
Decision Memorandum at Comment 2; and section 735(c)(5)(B) of the 
Act.
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The China-Wide Entity

    Aside from the companies for which we made a final no-shipment 
determination, Commerce considers all other companies for which a 
review was requested, and which did not demonstrate separate rate 
eligibility, to be part of the China-wide entity.\14\
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    \14\ See Appendix III.
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Final Results of Administrative Review

    For the companies subject to this administrative review which 
established their eligibility for a separate rate, Commerce determines 
that the following weighted-average dumping margins exist for the 
period December 1, 2020, through November 30, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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Zhejiang Fuerjia Wooden Co., Ltd............................        0.00
Dalian Penghong Floor Products Co., Ltd./Dalian Shumaike            0.00
 Floor Manufacturing Co., Ltd...............................
Huzhou Fulinmen Imp. & Exp. Co., Ltd........................        0.00
Jiangsu Guyu International Trading Co., Ltd.................        0.00
Zhejiang Dadongwu Greenhome Wood Co., Ltd...................        0.00
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed within five days 
of the date of publication of this notice to parties in this 
proceeding, in accordance with 19 CFR 351.224(b).

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 these final results of review. We intend 
to issue assessment instructions to CBP no earlier than 35 days after 
the date of publication of these final results. 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).

[[Page 42295]]

    For Fuerjia and the respondents which were not selected for 
individual examination in this administrative review and which 
qualified for a separate rate, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties. For entries 
that were not reported in the U.S. sales databases submitted by 
Fuerjia, and for the companies that did not qualify for a separate rate 
in the administrative review, Commerce will instruct CBP to liquidate 
such entries at the China-wide rate (i.e., 85.13 percent).\15\
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    \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, 
38003 (August 5, 2019).
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    Consistent with Commerce's assessment practice in non-market 
economy cases, for the companies which Commerce determined had no 
shipments of the subject merchandise, any suspended entries made under 
those exporters' case numbers (i.e., at the exporters' rates) will be 
liquidated at the China-wide rate.\16\
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    \16\ For a full discussion of this practice, see Assessment 
Notice.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results for shipments of the subject 
merchandise from China entered, or withdrawn from warehouse, for 
consumption on or after the publication date, as provided by sections 
751(a)(2)(C) of the Act: (1) for companies which were found eligible 
for a separate rate in this review, the cash deposit rate will be zero; 
(2) for previously investigated or reviewed Chinese and non-Chinese 
exporters 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 that for the China-wide entity; and (4) 
for all non-Chinese exporters of subject merchandise which 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 Regarding the Reimbursement of Duties

    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 and/or countervailing duties 
prior to liquidation of the relevant entries during the POR. 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.

Administrative Protective Orders

    This notice also serves as a 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, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the 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.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: June 23, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether To Apply Adverse Facts Available (AFA) to 
Fuerjia
    Comment 2: Whether To Find Metropolitan Eligible for a Separate 
Rate
    Comment 3: Whether To Select Malaysia or Romania as the Primary 
Surrogate Country
    Comment 4: Whether To Revise the Surrogate Value (SV) for 
Plywood
    Comment 5: Whether To Use Multiple Financial Statements in the 
Surrogate Financial Ratios
VI. 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.

Appendix III

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.

[FR Doc. 2023-13955 Filed 6-29-23; 8:45 am]
BILLING CODE 3510-DS-P