[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Notices]
[Pages 35058-35060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09316]


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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 and Final 
Determination of No Shipments; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. (Senmao) 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, 2021, through November 30, 2022. 
Commerce also determines that certain companies had no shipments during 
the POR.

DATES: Applicable May 1, 2024.

FOR FURTHER INFORMATION CONTACT: Davyd Williams, 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) 482-4338.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the preliminary results of the administrative 
review on December 26, 2023.\1\ For a complete description of 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).
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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, and Rescission of 
Review, in Part; 2021-2022, 88 FR 88869 (December 26, 2023) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2021-2022 Administrative Review of the 
Antidumping Duty Order on Multilayered Wood Flooring from the 
People's Republic of China,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and 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); 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' case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum. A list of these issues 
is included as Appendix I 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/FRNoticesListLayout.aspx.

Changes From the Preliminary Results

    Based on our analysis of the comments received, Commerce made 
certain revisions to the calculation of the preliminary weighted-
average dumping margin assigned to Senmao and the non-examined, 
separate rate respondents. The Issues and Decision Memorandum contains 
descriptions of these revisions.

[[Page 35059]]

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that certain 
companies did not have shipments of subject merchandise during the POR. 
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.\4\
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    \4\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Notice); see also the ``Assessment Rates'' section, infra.
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Separate Rates

    Consistent with the Preliminary Results, we determine that Senmao 
and two additional companies that were not selected for individual 
examination, Dalian Jaenmaken Wood Industry Co., Ltd. and Dalian Deerfu 
Wooden Product Co., Ltd., demonstrated their eligibility for separate 
rates.\5\
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    \5\ See Preliminary Results PDM at 8-11.
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Rate for Non-Examined Separate Rate Respondents

    The statute and Commerce's 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 normal 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.\6\ 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.'' \7\
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    \6\ 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).
    \7\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016).
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    For the final results of this administrative review, we determine 
that the estimated weighted-average dumping margin for Senmao is not 
zero or de minimis. Thus, we are assigning Senmao's weighted-average 
dumping margin as the rate for the non-examined respondents which 
qualify for a separate rate in this review as a ``reasonable method'' 
for assigning a rate to the non-examined respondents.\8\
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    \8\ See 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.\9\
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    \9\ See Appendix III.
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Final Results of Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period December 1, 2021, through November 30, 
2022:

 
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Jiangsu Senmao Bamboo and Wood Industry Co., Ltd............       19.78
Dalian Jaenmaken Wood Industry Co., Ltd.....................       19.78
Dalian Deerfu Wooden Product Co., Ltd.......................       19.78
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results of review to interested parties 
within five days after public announcement of the final results or, if 
there is no public announcement, within five days of the date of 
publication of the notice of final results in the Federal Register, 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).
    For Senmao, whose weighted-average dumping margin is not zero or de 
minimis (i.e., less than 0.5 percent) in the final results of this 
review, and because we do not have entered values for all U.S. sales to 
a particular importer (or customer), Commerce calculated a per-unit 
assessment rate by dividing the total amount of dumping for reviewed 
sales of subject merchandise to that importer (or customer) by the 
total quantity sold to that importer (or customer).
    We intend to instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
assessment rate calculated is above de minimis (i.e., 0.50 percent). To 
determine whether the duty assessment rates are de minimis, in 
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we 
calculate importer- (or customer-) specific ad valorem ratios based on 
the estimated entered value. Where an importer-specific per-unit 
assessment rate is zero or de minimis, Commerce will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\10\
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    \10\ See 19 CFR 351.106(c)(2).
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    For U.S. entries that were not reported in the U.S. sales data 
submitted by Senmao, but that entered under Senmao's case number (i.e., 
at Senmao's cash deposit rate), Commerce will instruct CBP to liquidate 
such entries at the cash deposit rate for the China-wide

[[Page 35060]]

entity (i.e., 85.13 percent).\11\ For the companies not individually 
examined in this administrative review that qualified for a separate 
rate, the assessment rate will be equal to the weighted-average dumping 
margin calculated for Senmao in these final results of review.
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    \11\ 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.\12\
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    \12\ Id.; see also 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 entered, or withdrawn from warehouse, for consumption on or 
after the publication date, as provided by section 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 19.78 percent; (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

    This notice also serves as a 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 
countervailing duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
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.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 751(a) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: April 24, 2024.
Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, 
performing the non-exclusive functions and duties of the Assistant 
Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Correction of Ministerial Error in the Margin 
Calculation
    Comment 2: Exclusion of Russia From Surrogate Values (SV)
    Comment 3: Selection of Romania as the Primary Surrogate Country
    Comment 4: Whether To Grant a Separate Rate to Dalian Jaenmaken 
Wood Industry Co., Ltd. (Dalian Jaenmaken)
    Comment 5: Whether To Grant a By-Product Offset to Senmao
VI. Recommendation

Appendix II

No Shipments

Anhui Longhua Bamboo Product Co., Ltd.
Benxi Flooring Factory (General Partnership)
Dalian Shengyu Science And Technology Development Co., Ltd.
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.
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.

Appendix III

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.

[FR Doc. 2024-09316 Filed 4-30-24; 8:45 am]
BILLING CODE 3510-DS-P