[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Notices]
[Pages 45142-45143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14933]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-970; C-570-971]
Multilayered Wood Flooring From the People's Republic of China:
Continuation of Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) and countervailing duty
(CVD) orders on multilayered wood flooring from the People's Republic
of China (China) would likely lead to the continuation or recurrence of
dumping and countervailable subsidies, and material injury to an
industry in the United States, Commerce is publishing a notice of
continuation of these AD and CVD orders.
DATES: Applicable June 23, 2023.
FOR FURTHER INFORMATION CONTACT: Max Goldman (AD) or Jonathan Schueler
(CVD), 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) 482-0224
or (202) 482-9175, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 8, 2011, Commerce published in the Federal Register the
AD and CVD orders on multilayered wood flooring from China.\1\ On
January 3, 2018, Commerce published a continuation of the Orders.\2\ On
December 1, 2022, the ITC instituted,\3\ and Commerce initiated,\4\ the
second sunset reviews of the Orders pursuant to section 751(c)(2) of
the Tariff Act of 1930, as amended, (the Act) and 19 CFR 351.218(c). As
a result of its reviews, Commerce determined that revocation of the
Orders would likely lead to continuation of recurrence of dumping and
countervailable subsidies, and therefore, notified the ITC of the
magnitude of the margins of dumping and subsidy rates likely to prevail
should these Orders be revoked.\5\
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\1\ See Multilayered Wood Flooring from the People's Republic of
China: Amended Final Determination of Sales at Less Than Fair Value
and Antidumping Duty Order, 76 FR 76690 (December 8, 2011), and
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 orders was modified
(collectively, Orders).
\2\ See Multilayered Wood Flooring from the People's Republic of
China: Continuation of Antidumping Duty Orders, 83 FR 344 (January
3, 2018) (First Continuation Notice).
\3\ See Multilayered Wood Flooring from China; Institution of
Five-Year Reviews, 87 FR 73784 (December 1, 2022).
\4\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 73757
(December 1, 2022).
\5\ See Multilayered Wood Flooring from the People's Republic of
China: Final Results of the Expedited Second Sunset Review of the
Antidumping Duty Order, 88 FR 19923 (April 4, 2023) and Multilayered
Wood Flooring from the People's Republic of China: Final Results of
the Expedited Second Sunset Review of the Countervailing Duty Order,
88 FR 20120 (April 5, 2023).
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On June 23, 2023, the ITC published its determination, pursuant to
sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
times.\6\
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\6\ See Multilayered Wood Flooring from China; Determination, 88
FR 41128 (June 23, 2023) (ITC Determination).
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Scope of the Orders
Multilayered wood flooring is composed of an assembly of two or
more layers or plies of wood veneer(s) \7\ in combination with a
core.\8\ The several layers, along with the core, are glued or
otherwise bonded together to form a final assembled product.
Multilayered wood flooring is often referred to by other terms, e.g.,
``engineered wood flooring'' or ``plywood flooring.'' Regardless of the
particular terminology, all products that meet the description set
forth herein are intended for inclusion within the definition of
subject merchandise.
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\7\ 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.
\8\ Commerce Interpretive Note: Commerce interprets this
language to refer to wood flooring products with a minimum of three
layers.
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All multilayered wood flooring is included within the definition of
subject merchandise, without regard to: dimension (overall thickness,
thickness of face ply, thickness of back ply, thickness of core, and
thickness of inner plies; width; and length); wood species used for the
face, back and inner veneers; core composition; and face grade.
Multilayered wood flooring included within the definition of subject
merchandise may be unfinished (i.e., without a finally finished surface
to protect the face veneer from wear and tear) or ``prefinished''
(i.e., a coating applied to the face veneer, including, but not
exclusively, oil or oil-modified
[[Page 45143]]
or water-based polyurethanes, ultra-violet light cured polyurethanes,
wax, epoxy-ester finishes, moisture-cured urethanes and acid-curing
formaldehyde finishes). The veneers may be also soaked in an acrylic-
impregnated finish. All multilayered wood flooring is included within
the definition of subject merchandise regardless of whether the face
(or back) of the product is smooth, wire brushed, distressed by any
method or multiple methods, or hand-scraped. In addition, all
multilayered wood flooring is included within the definition of subject
merchandise regardless of whether or not it is manufactured with any
interlocking or connecting mechanism (for example, tongue-and-groove
construction or locking joints). All multilayered wood flooring is
included within the definition of the subject merchandise regardless of
whether the product meets a particular industry or similar standard.
The core of multilayered wood flooring may be composed of a range
of materials, including but not limited to hardwood or softwood veneer,
particleboard, medium-density fiberboard, high-density fiberboard
(HDF), stone and/or plastic composite, or strips of lumber placed edge-
to-edge.
Multilayered wood flooring products generally, but not exclusively,
may be in the form of a strip, plank, or other geometrical patterns
(e.g., circular, hexagonal). All multilayered wood flooring products
are included within this definition regardless of the actual or nominal
dimensions or form of the product. Specifically excluded from the scope
are cork flooring and bamboo flooring, regardless of whether any of the
sub-surface layers of either flooring are made from wood. Also excluded
is laminate flooring. Laminate flooring consists of a top wear layer
sheet not made of wood, a decorative paper layer, a core-layer of HDF,
and a stabilizing bottom layer.
Imports of the subject merchandise are provided for under the
following subheadings of the Harmonized Tariff Schedule of the United
States (HTSUS): 4412.31.0520; 4412.31.0540; 4412.31.0560; 4412.31.0620;
4412.31.0640; 4412.31.0660; 4412.31.2510; 4412.31.2520; 4412.31.2610;
4412.31.2620; 4412.31.3175; 4412.31.4040; 4412.31.4050; 4412.31.4060;
4412.31.4070; 4412.31.4075; 4412.31.4080; 4412.31.4140; 4412.31.4160;
4412.31.4175; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165;
4412.31.5175; 4412.31.5225; 4412.31.6000; 4412.31.9100; 4412.32.0520;
4412.32.0540; 4412.32.0560; 4412.32.0565; 4412.32.0570; 4412.32.0640;
4412.32.0665; 4412.32.2510; 4412.32.2520; 4412.32.2525; 4412.32.2530;
4412.32.2610; 4412.32.2625; 4412.32.3125; 4412.32.3135; 4412.32.3155;
4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.3225; 4412.32.5600;
4412.32.5700; 4412.33.0640; 4412.33.0665; 4412.33.0670; 4412.33.2625;
4412.33.2630; 4412.33.3225; 4412.33.3235; 4412.33.3255; 4412.33.3275;
4412.33.3285; 4412.33.5700; 4412.34.2600; 4412.34.3225; 4412.34.3235;
4412.34.3255; 4412.34.3275; 4412.34.3285; 4412.34.5700; 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; 4418.74.2000; 4418.74.9000; 4418.75.4000;
4418.75.7000; 4418.79.0100; and 9801.00.2500.
While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the subject merchandise is
dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation
of these Orders. U.S. Customs and Border Protection will continue to
collect AD and CVD cash deposits at the rates in effect at the time of
entry for all imports of subject merchandise.
The effective date of the continuation of these Orders will be June
23, 2023.\9\ Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year review
of these Orders not later than 30 days prior to the fifth anniversary
of the date of the last determination by the ITC.
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\9\ See ITC Determination.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceedings. 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 violation which
is subject to sanction.
Notification to Interested Parties
These five-year sunset reviews and this notice are in accordance
with section 751(c) and 751(d)(2) of the Act and published pursuant to
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: July 10, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-14933 Filed 7-13-23; 8:45 am]
BILLING CODE 3510-DS-P