[Federal Register Volume 88, Number 249 (Friday, December 29, 2023)]
[Notices]
[Pages 90164-90167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28782]


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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; 2021-2022

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

SUMMARY: The U.S. 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, 2021, through 
November 30, 2022. 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 29, 2023.

FOR FURTHER INFORMATION CONTACT: Rebecca Trainor, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; phone: (202) 482-4007.

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 48 companies, including 
mandatory respondent, Senmao.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 7060 (February 2, 2023) (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; 2021-2022,'' 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 
description of the scope of this administrative review, see the 
Preliminary Decision Memorandum.

Partial Rescission of Review

    On May 1, 2023, Kahrs International Inc. (Kahrs) timely withdrew 
its request for review of the Fusong Jinlong Group (Jinlong).\4\ No 
other parties requested a review of this company.\5\ Accordingly, 
Commerce is rescinding the

[[Page 90165]]

administrative review with respect to Jinlong.\6\
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    \4\ See Kahrs' Letter, ``Notice of Withdrawal of Request for 
2021-2022 Administrative Review,'' dated May 1, 2023.
    \5\ Jinlong consists of the following companies: Fusong Jinlong 
Wooden Group Co., Ltd.; Fusong Qianqiu Wooden Product Co., Ltd.; 
Dalian Qianqiu Wooden Product Co., Ltd.; and Fusong Jinqiu Wooden 
Product Co., Ltd.
    \6\ 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 23 companies had no 
shipments of subject merchandise during the POR. For a listing of these 
companies, see Appendix II of this notice. 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.\7\
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    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see 
also the ``Assessment Rates'' section, below.
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Separate Rates

    We preliminarily determine that, in addition to Senmao, two 
companies not individually-examined are eligible for separate rates in 
this administrative review, Dalian Deerfu Wooden Product Co., Ltd. 
(Deerfu) and Dalian Jaenmaken Wood Industry Co., Ltd. (Jaenmaken).\8\ 
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.\9\ For the reasons explained in the Preliminary 
Decision Memorandum, we are assigning this rate to Deerfu and 
Jaenmaken, i.e., the non-examined respondents which qualify for a 
separate rate in this review.
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    \8\ See Preliminary Decision Memorandum at the ``Separate Rate 
Determinations'' section for more details.
    \9\ See Memorandum, ``Preliminary Results Margin Calculation for 
Jiangsu Senmao Bamboo and Wood Industry Co., Assessment 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.\10\ 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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    \10\ 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.\11\ For the preliminary results of this review, we 
consider 21 companies to be part of the China-wide entity. For a 
listing of these companies, see Appendix II of this notice.
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    \11\ 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 country 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, 2021, through November 
30, 2022:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporters                         dumping margin
                                                             (percent)
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Jiangsu Senmao Bamboo and Wood Industry Co., Ltd........           00.00
Dalian Deerfu Wooden Product Co., Ltd...................           00.00
Dalian Jaenmaken Wood Industry Co., Ltd.................           00.00
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to interested parties with an Administrative 
Protective Order within five days after the date of publication of 
these preliminary results.\12\
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    \12\ See 19 CFR 351.224(b).
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    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs no later than 30 days after the date of publication of this 
notice.\13\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed not later than five days after the date for filing 
case briefs.\14\ Interested parties who submit case briefs or rebuttal 
briefs in this proceeding must submit: (1) a table of contents listing 
each issue; and (2) a table of authorities.\15\ As provided under 19 
CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged 
interested parties to provide an executive summary of their brief that 
should be limited to five pages total, including footnotes. In this 
administrative review, we instead request that interested parties 
provide at the beginning of their briefs a public, executive summary 
for each issue raised in their briefs.\16\ Further, we request that 
interested parties limit their executive summary of each issue to no 
more than 450 words, not including citations. We intend to use the 
executive summaries as the basis of the comment summaries included in 
the issues and decision memorandum that will accompany the final 
results in this administrative review. We request that interested 
parties include footnotes for relevant citations in the executive 
summary of each issue. Note that Commerce has amended certain of its 
requirements pertaining to the service of documents in 19 CFR 
351.303(f).\17\
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    \13\ See also 19 CFR 351.303 (for general filing requirements).
    \14\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \15\ See 19 351.309(c)(2) and (d)(2).
    \16\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \17\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a

[[Page 90166]]

hearing must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, filed electronically via ACCESS. Requests 
should contain: (1) the party's name, address, and telephone number; 
(2) the number of participants; and (3) a list of the issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case briefs. An electronically-filed hearing request 
must be received successfully in its entirety by Commerce's electronic 
system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\18\
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    \18\ See 19 CFR 351.310(c)
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Final Results

    Unless the deadline is 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).

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).
    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).\19\ 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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    \19\ 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 Deerfu and Jaenmaken, i.e., 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, the respondents' weighted-average dumping 
margins continue 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.\20\
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    \20\ See 19 CFR 351.106(c)(2).
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    For entries that were not reported in the U.S. sales databases 
submitted by Senmao during this review, and for the 21 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).\21\ In addition, if we continue to find no shipments of 
subject merchandise for the 23 companies for which we preliminarily 
find no such shipments during the POR,\22\ any suspended entries of 
subject merchandise associated with those companies will be liquidated 
at the China-wide rate.\23\
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    \21\ 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).
    \22\ See Appendix II for a list of these companies.
    \23\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
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    For Jinlong, i.e., 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 Jinlong, i.e., the company for which this administrative review is 
rescinded, to CBP 35 days after the publication of the preliminary 
results in the Federal Register. For all other companies that continue 
to be subject to review, we intend to issue appropriate assessment 
instructions 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 
the 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, and/or 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, 
and 19 CFR 351.221(b)(4).

    Dated: December 19, 2023
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

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

[[Page 90167]]

VI. Preliminary Determination of No Shipments
VII. Discussion of the Methodology
VIII. Recommendation

Appendix II

No Shipments

Anhui Longhua Bamboo Product Co., Ltd.
Benxi Flooring Factory (General Partnership)
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 Shengda Wood Industry Co., Ltd.
HaiLin LinJing Wooden Products Co., Ltd.
Hunchun Xingjia Wooden Flooring Inc.
Huzhou Sunergy World Trade Co., Ltd.
Jiangsu Keri Wood Co., Ltd.
Jiangsu Mingle Flooring Co., Ltd.
Jiangsu Simba Flooring Co., Ltd.
Jiashan On-Line Lumber Co., Ltd.
Kingman Wood Industry Co., Ltd.
Linyi Youyou Wood Co., Ltd.
Pinge Timber Manufacturing (Zhejiang) Co., Ltd.
Power Dekor Group Co., Ltd.
Sino-Maple (Jiangsu) Co., Ltd.
Suzhou Dongda Wood Co., Ltd.
Zhejiang Dadongwu Greenhome Wood Co., Ltd.
Zhejiang Longsen Lumbering Co., Ltd.
Zhejiang Shiyou Timber Co., Ltd.

China-Wide Entity

Benxi Wood Company
Dalian Jiahong Wood Industry Co., Ltd.
Dalian Penghong Floor Products Co., Ltd./Dalian Shumaike Floor 
Manufacturing Co., Ltd.
Dunhua City Hongyuan Wood Industry Co., Ltd.
Huzhou Chenghang Wood Co., Ltd.
Huzhou Fulinmen Imp. & Exp. Co., Ltd.
Jiangsu Guyu International Trading Co., Ltd.
Jiangsu Yuhui International Trade Co., Ltd.
Jiashan HuiJiaLe Decoration Material Co., Ltd.
Jiaxing Hengtong Wood Co., Ltd.
Lauzon Distinctive Hardwood Flooring, Inc.
Linyi Anying Wood Co., Ltd.
Metropolitan Hardwood Floors, Inc.
Muchsee Wood (Chuzhou) 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 Fuerjia Wooden Co., Ltd.
Zhejiang Shuimojiangnan New Material Technology Co., Ltd.
Zhejiang Simite Wooden Co., Ltd.

Rescissions

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)

[FR Doc. 2023-28782 Filed 12-28-23; 8:45 am]
BILLING CODE 3510-DS-P