Multilayered Wood Flooring From the People's Republic of China; Preliminary Results of Antidumping Duty New Shipper Review; 2012-2013, 1391-1393 [2015-00194]
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Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Notices
antidumping duty cases.18 Pursuant to
this refinement in practice, for
merchandise that was not reported in
the U.S. sales databases submitted by an
exporter individually examined during
this review, but that entered under the
case number of that exporter (i.e., at the
individually-examined exporter’s cash
deposit rate), the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate. Additionally,
pursuant to this refinement, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number will be
liquidated at the PRC-wide rate.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from the PRC
entered, or withdrawn from warehouse,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 the
companies listed above the cash deposit
rate will be their respective rate
established in the final results of this
review, except if the rate is zero or de
minimis (i.e., less than 0.5 percent), then
no cash deposit will be required; (2) for
previously investigated PRC and nonPRC exporters not listed above that have
separate rates, the cash deposit rate will
continue to be the exporter-specific rate
published for the most recent period; (3)
for all PRC exporters of subject
merchandise which have not been
found to be entitled to a separate rate,
the cash deposit rate will be that for the
PRC-wide entity; and (4) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
rljohnson on DSK3VPTVN1PROD with NOTICES
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
18 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011), for a full discussion
of this practice.
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Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213.
Dated: December 31, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
1. Background
2. Period of Review
3. Extension of Preliminary Results
4. Scope of the Order
5. Selection of Respondents
6. Non-Market Economy Country
7. Separate Rate
8. Rate for Non-Examined, Separate Rate
Respondents
9. The PRC-wide Entity
10. Surrogate Country and Surrogate Value
Data
11. Date of Sale
12. Fair Value Comparisons
13. Affiliation and Single Entity Status
14. U.S. Price
15. Value Added Tax
16. Factor Valuations
17. Adjustment Under Section 777(A)(f) of
the Act
18. Currency Conversion
[FR Doc. 2015–00197 Filed 1–8–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970]
Multilayered Wood Flooring From the
People’s Republic of China;
Preliminary Results of Antidumping
Duty New Shipper Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting a new
shipper review of the antidumping duty
order on multilayered wood flooring
(‘‘MLWF’’) from the People’s Republic
of China (‘‘PRC’’). The review covers
one exporter of subject merchandise,
Linyi Anying Wood Co., Ltd.,
(‘‘Anying’’). We preliminarily find that
Anying has not made sales of subject
merchandise at less than normal value.
The period of review (‘‘POR’’) for
AGENCY:
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1391
Anying is December 1, 2012, through
November 30, 2013.1
DATES: Effective Date: January 9, 2015.
FOR FURTHER INFORMATION CONTACT:
Maisha Cryor or Robert Bolling, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–5831 or (202) 482–
3434, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by the order
includes MLWF, subject to certain
exceptions.2 The subject merchandise is
currently classifiable under Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) subheadings: 4412.31.0520;
4412.31.0540; 4412.31.0560;
4412.31.2510; 4412.31.2520;
4412.31.4040; 4412.31.4050;
4412.31.4060; 4412.31.4070;
4412.31.4075; 4412.31.4080;
4412.31.5125; 4412.31.5135;
4412.31.5155; 4412.31.5165;
4412.31.6000; 4412.31.9100;
4412.32.0520; 4412.32.0540;
4412.32.0560; 4412.32.0565;
4412.32.0570; 4412.32.2510;
4412.32.2520; 4412.32.2525;
4412.32.2530; 4412.32.3125;
4412.32.3135; 4412.32.3155;
4412.32.3165; 4412.32.3175;
4412.32.3185; 4412.32.5600;
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;
1 See Multilayered Wood Flooring from the
People’s Republic of China: Initiation of
Antidumping Duty New Shipper Review, 79 FR
5374 (January 31, 2014) (‘‘Initiation Notice’’).
2 See Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for
Enforcement and Compliance‘‘Decision
Memorandum for Preliminary Results of
Antidumping Duty New Shipper Review, 2012–
2013: Multilayered Wood Flooring from the
People’s Republic of China,’’ dated December 31,
2014 (‘‘Preliminary Decision Memorandum’’) for a
full description of the Scope of the Order.
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Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Notices
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; and
9801.00.2500.
The HTSUS subheadings are provided
for convenience and customs purposes
only; the written description of the
scope of the order is dispositive.
Extension of Deadlines for Preliminary
Results
On June 27, 2014, the Department
extended the time period for issuing the
preliminary results of this review by 120
days, until November 20, 2014.3 On
November 12, 2014, the Department
aligned this new shipper review with
the second administrative review of
MLWF from the PRC.4 On November 20,
2014, the Department extended the
preliminary results until December 31,
2014, to align with the second
administrative review of this
proceeding.5
Methodology
The Department is conducting this
review in accordance with sections
751(a)(1)(B) and 751(a)(2)(B) of the
Tariff Act of 1930, as amended (‘‘the
Act’’) and 19 CFR 351.214. The
Department calculated export prices in
accordance with section 772 of the Act.
Because the PRC is a nonmarket
economy country (‘‘NME’’) within the
meaning of section 771(18) of the Act,
the Department calculated normal value
in accordance with section 773(c) of the
Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum, dated
concurrently with these results and
hereby adopted by this notice. 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’’).6
ACCESS is available to registered users
at https://access.trade.gov and in the
Central Records Unit, room 7046 of the
main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
on the Internet at https://
enforcement.trade.gov/frn. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of New Shipper
Review
The Department preliminarily
determines that the following weightedaverage dumping margin exists for the
POR from December 1, 2012 through
November 30, 2013:
Exporter
Producer
Weighted-average dumping
margin (percent)
Linyi Anying Wood Co., Ltd ...........................................
Linyi Anying Wood Co., Ltd ..........................................
0.00
Disclosure and Public Comment
rljohnson on DSK3VPTVN1PROD with NOTICES
The Department intends to disclose
calculations performed for these
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Interested parties may
submit case briefs no later than 30 days
after the date of publication of these
preliminary results of review.7 Rebuttals
to case briefs may be filed no later than
five days after the time limit for filing
case briefs.8 A table of contents, list of
authorities used, and an executive
summary of issues should accompany
any briefs submitted to the Department.
This summary should be limited to five
pages total, including footnotes.
Any interested party may request a
hearing within 30 days of publication of
this notice.9 Hearing requests should
3 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, regarding
‘‘Multilayered Wood Flooring from the People’s
Republic of China: Extension of Deadline for
Preliminary Results of Antidumping Duty New
Shipper Review’’ (June 27, 2014).
4 See Memorandum to the File, regarding
‘‘Alignment of the New Shipper Review of
Multilayered Wood Flooring from the People’s
Republic of China with the Second Administrative
Review of Multilayered Wood Flooring from the
People’s Republic of China,’’ dated November 12,
2014.
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contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the briefs.
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.10
The Department intends to issue the
final results of this new shipper review,
which will include the results of its
analysis of issues raised in any such
comments, within 90 days of
publication of these preliminary results,
pursuant to section 751(a)(2)(B)(iv) of
the Act.
Assessment Rates
5 See Memorandum to the File, regarding
‘‘Extension of Deadline for the Preliminary Results
of the New Shipper Review of Multilayered Wood
Flooring from the People’s Republic of China,’’
dated November 20, 2014.
6 On November 24, 2014, Enforcement and
Compliance changed the name of Enforcement and
Compliance’s AD and CVD Centralized Electronic
Service System (‘‘IA ACCESS’’) to AD and CVD
Centralized Electronic Service System (‘‘ACCESS’’).
The Web site location was changed from https://
iaaccess.trade.gov to https://access.trade.gov. The
Final Rule changing the references to the
Regulations can be found at 79 FR 69046
(November 20, 2014).
7 See 19 CFR 351.309(c); see also 19 CFR 351.303
(for general filing requirements).
8 See 19 CFR 351.309(d).
9 See 19 CFR 351.310(c).
10 See 19 CFR 351.310(d).
11 In these preliminary results, the Department
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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Upon issuing the final results of this
new shipper review, the Department
shall determine, and U.S. Customs and
Border Protection (‘‘CBP’’) shall assess,
antidumping duties on all appropriate
entries. The Department intends to issue
assessment instructions to CBP 15 days
after the date of publication of the final
results of this new shipper review. If the
individually examined respondent’s
weighted-average dumping margin is
above de minimis, we will calculate
importer-specific ad valorem duty
assessment rates based on the ratio of
the total amount of dumping calculated
for the importer’s examined sales to the
total entered value of those same sales
in accordance with 19 CFR
351.212(b)(1).11
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Federal Register / Vol. 80, No. 6 / Friday, January 9, 2015 / Notices
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this new shipper
review when the importer-specific
assessment rate calculated in the final
results of this review is above de
minimis. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
The Department announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for entries that were not
reported in the U.S. sales databases
submitted by Anying for this new
shipper review, the Department will
instruct CBP to liquidate such entries at
the PRC-wide rate. In addition, if the
Department determines that the exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
PRC-wide rate.12
The final results of this new shipper
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.
wide entity, or 58.84 percent; and (4) for
all non-PRC exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the PRC
producer/exporter combination that
supplied that non-PRC exporter. These
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)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(2)(B) and 777(i)(1) of the Act and
19 CFR 351.214.
Dated: December 30, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
rljohnson on DSK3VPTVN1PROD with NOTICES
Cash Deposit Requirements
Appendix I–List of Topics Discussed in
the Preliminary Decision Memorandum
The following cash deposit
requirements will be effective upon
publication of the final results of this
new shipper review for shipments of the
subject merchandise from the PRC
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 the
companies listed above that have a
separate rate, the cash deposit rate will
be that rate established in the final
results of this new shipper review
(except, if the rate is zero or de minimis,
then a zero cash deposit will be
required); (2) for previously investigated
or reviewed PRC and non-PRC exporters
not listed above that received a separate
rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing producer/
exporter-specific combination rate; (3)
for all PRC 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 PRC-
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Bona Fide Sale Analysis
6. Non-Market Economy Country Status
7. Separate Rates
8. Absence of De Jure Control
9. Absence of De Facto Control
10. Surrogate Country
11. Economic Comparability
12. Significant Producer of Comparable
Merchandise
13. Data Availability
14. Date of Sale
15. Fair Value Comparisons
16. Differential Pricing Analysis
17. Results of the Differential Pricing
Analysis
18. U.S. Price
19. Value Added Tax
20. Normal Value
21. Factor Valuations
22. Currency Conversion
23. Section 777A(f) of the Act
[FR Doc. 2015–00194 Filed 1–8–15; 8:45 am]
BILLING CODE 3510–DS–P
12 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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1393
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–919, A–602–806]
Electrolytic Manganese Dioxide From
the People’s Republic of China and
Australia: Continuation of the
Antidumping Duty Order on the
People’s Republic of China,
Revocation of the Antidumping Duty
Order on Australia
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (the ‘‘Department’’) and the
International Trade Commission (the
‘‘ITC’’) in their five year (sunset)
reviews that revocation of the
antidumping duty (‘‘AD’’) order on
electrolytic manganese dioxide (‘‘EMD’’)
from the People’s Republic of China
(‘‘PRC’’) would likely lead to a
continuation or recurrence of dumping
and material injury to an industry in the
United States, the Department is
publishing a notice of continuation of
the AD order on EMD from the PRC. In
addition, as a result of the ITC’s
determination that revocation of the AD
order on EMD from Australia is not
likely to lead to continuation or
recurrence of dumping and material
injury to an industry in the United
States within a reasonably foreseeable
time, the Department is revoking the AD
order on EMD from Australia.
AGENCY:
DATES:
Effective Date: January 9, 2015.
FOR FURTHER INFORMATION CONTACT:
Howard Smith, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: 202–
482–5193.
SUPPLEMENTARY INFORMATION
Background
On October 7, 2008, the Department
published the AD orders on EMD from
the PRC and Australia.1 On September
3, 2013, the Department published the
notice of initiation of the first sunset
review of the AD orders on EMD from
the PRC and Australia, pursuant to
section 751(c) of the Tariff Act of 1930,
1 See Antidumping Duty Order: Electrolytic
Manganese Dioxide from Australia, 73 FR 58538
(October 7, 2008) (‘‘Australia Order’’); see also
Antidumping Duty Order: Electrolytic Manganese
Dioxide from the People’s Republic of China, 73 FR
58537 (October 7, 2008).
E:\FR\FM\09JAN1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Notices]
[Pages 1391-1393]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00194]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-970]
Multilayered Wood Flooring From the People's Republic of China;
Preliminary Results of Antidumping Duty New Shipper Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
a new shipper review of the antidumping duty order on multilayered wood
flooring (``MLWF'') from the People's Republic of China (``PRC''). The
review covers one exporter of subject merchandise, Linyi Anying Wood
Co., Ltd., (``Anying''). We preliminarily find that Anying has not made
sales of subject merchandise at less than normal value. The period of
review (``POR'') for Anying is December 1, 2012, through November 30,
2013.\1\
---------------------------------------------------------------------------
\1\ See Multilayered Wood Flooring from the People's Republic of
China: Initiation of Antidumping Duty New Shipper Review, 79 FR 5374
(January 31, 2014) (``Initiation Notice'').
---------------------------------------------------------------------------
DATES: Effective Date: January 9, 2015.
FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Robert Bolling, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5831 or (202) 482-3434, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise covered by the order includes MLWF, subject to
certain exceptions.\2\ The subject merchandise is currently
classifiable under Harmonized Tariff Schedule of the United States
(``HTSUS'') subheadings: 4412.31.0520; 4412.31.0540; 4412.31.0560;
4412.31.2510; 4412.31.2520; 4412.31.4040; 4412.31.4050; 4412.31.4060;
4412.31.4070; 4412.31.4075; 4412.31.4080; 4412.31.5125; 4412.31.5135;
4412.31.5155; 4412.31.5165; 4412.31.6000; 4412.31.9100; 4412.32.0520;
4412.32.0540; 4412.32.0560; 4412.32.0565; 4412.32.0570; 4412.32.2510;
4412.32.2520; 4412.32.2525; 4412.32.2530; 4412.32.3125; 4412.32.3135;
4412.32.3155; 4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.5600;
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;
[[Page 1392]]
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; and 9801.00.2500.
---------------------------------------------------------------------------
\2\ See Memorandum from Gary Taverman, Associate Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Enforcement and
Compliance``Decision Memorandum for Preliminary Results of
Antidumping Duty New Shipper Review, 2012-2013: Multilayered Wood
Flooring from the People's Republic of China,'' dated December 31,
2014 (``Preliminary Decision Memorandum'') for a full description of
the Scope of the Order.
---------------------------------------------------------------------------
The HTSUS subheadings are provided for convenience and customs
purposes only; the written description of the scope of the order is
dispositive.
Extension of Deadlines for Preliminary Results
On June 27, 2014, the Department extended the time period for
issuing the preliminary results of this review by 120 days, until
November 20, 2014.\3\ On November 12, 2014, the Department aligned this
new shipper review with the second administrative review of MLWF from
the PRC.\4\ On November 20, 2014, the Department extended the
preliminary results until December 31, 2014, to align with the second
administrative review of this proceeding.\5\
---------------------------------------------------------------------------
\3\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
regarding ``Multilayered Wood Flooring from the People's Republic of
China: Extension of Deadline for Preliminary Results of Antidumping
Duty New Shipper Review'' (June 27, 2014).
\4\ See Memorandum to the File, regarding ``Alignment of the New
Shipper Review of Multilayered Wood Flooring from the People's
Republic of China with the Second Administrative Review of
Multilayered Wood Flooring from the People's Republic of China,''
dated November 12, 2014.
\5\ See Memorandum to the File, regarding ``Extension of
Deadline for the Preliminary Results of the New Shipper Review of
Multilayered Wood Flooring from the People's Republic of China,''
dated November 20, 2014.
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Methodology
The Department is conducting this review in accordance with
sections 751(a)(1)(B) and 751(a)(2)(B) of the Tariff Act of 1930, as
amended (``the Act'') and 19 CFR 351.214. The Department calculated
export prices in accordance with section 772 of the Act. Because the
PRC is a nonmarket economy country (``NME'') within the meaning of
section 771(18) of the Act, the Department calculated normal value in
accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, dated
concurrently with these results and hereby adopted by this notice. 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'').\6\ ACCESS is available to registered users at https://access.trade.gov and in the Central Records Unit, room 7046 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
Internet at https://enforcement.trade.gov/frn. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
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\6\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from https://iaaccess.trade.gov to https://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
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Preliminary Results of New Shipper Review
The Department preliminarily determines that the following
weighted-average dumping margin exists for the POR from December 1,
2012 through November 30, 2013:
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Weighted-average dumping
Exporter Producer margin (percent)
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Linyi Anying Wood Co., Ltd.................... Linyi Anying Wood Co., Ltd....... 0.00
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Disclosure and Public Comment
The Department intends to disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs no later than 30 days after
the date of publication of these preliminary results of review.\7\
Rebuttals to case briefs may be filed no later than five days after the
time limit for filing case briefs.\8\ A table of contents, list of
authorities used, and an executive summary of issues should accompany
any briefs submitted to the Department. This summary should be limited
to five pages total, including footnotes.
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\7\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general
filing requirements).
\8\ See 19 CFR 351.309(d).
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Any interested party may request a hearing within 30 days of
publication of this notice.\9\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\10\
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\9\ See 19 CFR 351.310(c).
\10\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this new
shipper review, which will include the results of its analysis of
issues raised in any such comments, within 90 days of publication of
these preliminary results, pursuant to section 751(a)(2)(B)(iv) of the
Act.
Assessment Rates
Upon issuing the final results of this new shipper review, the
Department shall determine, and U.S. Customs and Border Protection
(``CBP'') shall assess, antidumping duties on all appropriate entries.
The Department intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of this new shipper
review. If the individually examined respondent's weighted-average
dumping margin is above de minimis, we will calculate importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\11\
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\11\ In these preliminary results, the Department 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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[[Page 1393]]
We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this new shipper review when the
importer-specific assessment rate calculated in the final results of
this review is above de minimis. Where either the respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
The Department announced a refinement to its assessment practice in NME
cases. Pursuant to this refinement in practice, for entries that were
not reported in the U.S. sales databases submitted by Anying for this
new shipper review, the Department will instruct CBP to liquidate such
entries at the PRC-wide rate. In addition, if the Department determines
that the exporter under review had no shipments of the subject
merchandise, any suspended entries that entered under that exporter's
case number (i.e., at that exporter's rate) will be liquidated at the
PRC-wide rate.\12\
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\12\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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The final results of this new shipper review shall be the basis for
the assessment of antidumping duties on entries of merchandise covered
by the final results of this review and for future deposits of
estimated duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this new shipper review for
shipments of the subject merchandise from the PRC 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 the companies
listed above that have a separate rate, the cash deposit rate will be
that rate established in the final results of this new shipper review
(except, if the rate is zero or de minimis, then a zero cash deposit
will be required); (2) for previously investigated or reviewed PRC and
non-PRC exporters not listed above that received a separate rate in a
prior segment of this proceeding, the cash deposit rate will continue
to be the existing producer/exporter-specific combination rate; (3) for
all PRC 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
PRC-wide entity, or 58.84 percent; and (4) for all non-PRC exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC producer/exporter
combination that supplied that non-PRC exporter. These 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)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(2)(B) and 777(i)(1) of the Act and 19 CFR 351.214.
Dated: December 30, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I-List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Bona Fide Sale Analysis
6. Non-Market Economy Country Status
7. Separate Rates
8. Absence of De Jure Control
9. Absence of De Facto Control
10. Surrogate Country
11. Economic Comparability
12. Significant Producer of Comparable Merchandise
13. Data Availability
14. Date of Sale
15. Fair Value Comparisons
16. Differential Pricing Analysis
17. Results of the Differential Pricing Analysis
18. U.S. Price
19. Value Added Tax
20. Normal Value
21. Factor Valuations
22. Currency Conversion
23. Section 777A(f) of the Act
[FR Doc. 2015-00194 Filed 1-8-15; 8:45 am]
BILLING CODE 3510-DS-P
