Initiation of Antidumping Duty Changed Circumstances Review: Multilayered Wood Flooring From the People's Republic of China, 13328-13330 [2015-05830]
Download as PDF
13328
Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices
creators, right holders, businesses that
use copyrighted works, Internet
intermediaries, and consumer and
public interest groups. A draft agenda
will be posted one week before the
meeting.
The meeting will be webcast. The
agenda and webcast information will be
available on the Internet Policy Task
Force Web site, https://www.ntia.doc.
gov/internetpolicytaskforce, and the
USPTO’s Web site, https://
www.uspto.gov.
The meeting will be open to members
of the public to attend, space permitting,
on a first-come, first-served basis. Preregistration for the meeting is available
at the ‘‘Register’’ tab at: https://events.
SignUp4.com/EfficientOnline
Marketplace. The meeting will be
physically accessible to people with
disabilities. Individuals requiring
accommodation, such as sign language
interpretation, real-time captioning of
the webcast or other ancillary aids,
should communicate their needs to
Hollis Robinson or Ann Chaitovitz,
Office of Policy and International
Affairs, United States Patent and
Trademark Office, Madison Building,
600 Dulany Street, Alexandria, VA
22314; telephone (571) 272–9300; email
EfficientOnlineMarketplace@
USPTO.gov at least seven (7) business
days prior to the meeting. Attendees
should arrive at least one-half hour prior
to the start of the meeting, and must
present a valid government-issued
photo identification upon arrival.
Persons who have pre-registered (and
received confirmation) will have seating
held until 15 minutes before the
program begins. Members of the public
will have an opportunity to make
comments at the meeting.
Dated: March 9, 2015.
Michelle K. Lee,
Deputy Under Secretary of Commerce for
Intellectual Property and Deputy Director of
the United States Patent and Trademark
Office.
Lawrence E. Strickling,
Assistant Secretary for Communications and
Information.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970]
Initiation of Antidumping Duty
Changed Circumstances Review:
Multilayered Wood Flooring From the
People’s Republic of China
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) has received
information sufficient to warrant
initiation of a changed circumstances
review (‘‘CCR’’) of the antidumping duty
order on multilayered wood flooring
from the People’s Republic of China
(‘‘PRC’’). Based upon a request filed by
Sino-Maple (JiangSu) Co., Ltd. (‘‘SinoMaple’’), an exporter of multilayered
wood flooring to the United States, the
Department is initiating a CCR to
determine whether Sino-Maple is the
successor-in-interest to Jiafeng Wood
(Suzhou) Co., Ltd. (‘‘Jiafeng’’) for
purposes of the antidumping duty order
on multilayered wood flooring from
PRC and, as such, is entitled to Jiafeng’s
cash deposit rate with respect to entries
of subject merchandise.
DATES: Effective Date: March 13, 2015.
FOR FURTHER INFORMATION CONTACT:
James Martinelli or Charles Riggle, 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) 482–2923 or (202) 482–
0650, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 23, 2014, Sino-Maple
requested that the Department initiate
an expedited CCR to confirm that SinoMaple is the successor-in-interest to
Jiafeng for purposes of determining
antidumping duty liabilities.1 On
January 16, 2015, Sino-Maple responded
to the supplemental questionnaire
issued by the Department on January 9,
2015.2 On February 4, 2015, the
Department extended the time period
[FR Doc. 2015–05765 Filed 3–12–15; 8:45 am]
1 See Letter from Sino-Maple to the Department
regarding, ‘‘Multilayered Wood Flooring from the
PRC: Request of Sino-Maple (Jiangsu) Co., Ltd. and
Jiafeng Wood (Suzhou) Co., Ltd. for Changed
Circumstances Review’’ (December 23, 2014) (‘‘CCR
Request’’).
2 See Letter from Sino-Maple to the Department,
regarding ‘‘Multilayered Wood Flooring from the
PRC: Response of Sino-Maple (Jiangsu) Co., Ltd.
and Jiafeng Wood (Suzhou) Co., Ltd. to
Supplemental Changed Circumstances Review
Questionnaire’’ (January 16, 2015).
mstockstill on DSK4VPTVN1PROD with NOTICES
BILLING CODE 3510–60–P
VerDate Sep<11>2014
19:27 Mar 12, 2015
Jkt 235001
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
for determining whether to initiate a
CCR by 30 days, until March 8, 2015.3
On February 10, 2015, Sino-Maple
responded to the Department’s second
supplemental questionnaire, which was
issued on February 4, 2015.4 We
received no comments opposing SinoMaple’s request.
Scope of the Order
Multilayered wood flooring is
composed of an assembly of two or
more layers or plies of wood veneer(s)
in combination with a core. 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.
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
or water-based polyurethanes, ultraviolet 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
3 See Letter from the Department to Sino-Maple
‘‘Multilayered Wood Flooring from the People’s
Republic of China: Request for a Changed
Circumstances Review’’ (February 4, 2015).
4 See Letter from Sino-Maple to the Department
‘‘Multilayered Wood Flooring from the PRC:
Response of Sino-Maple (Jiangsu) Co., Ltd. and
Jiafeng Wood (Suzhou) Co., Ltd. to Second
Supplemental Changed Circumstances Review
Questionnaire’’ (February 10, 2015) (‘‘Second
Supplemental Response’’).
E:\FR\FM\13MRN1.SGM
13MRN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices
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;
4412.31.2510; 4412.31.2520;
4412.31.4040; 4412.31.4050;
4412.31.4060; 4412.31.4070;
4412.31.5125; 4412.31.5135;
4412.31.5155; 4412.31.5165;
4412.31.3175; 4412.31.6000;
4412.31.9100; 4412.32.0520;
4412.32.0540; 4412.32.0560;
4412.32.2510; 4412.32.2520;
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;
VerDate Sep<11>2014
19:27 Mar 12, 2015
Jkt 235001
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; 4412.99.5710;
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.
While HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
subject merchandise is dispositive.
Initiation of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (‘‘the
Act’’) and 19 CFR 351.216(d), the
Department will conduct a CCR upon
receipt of information concerning, or a
request from an interested party for a
review of, an antidumping duty order
which shows changed circumstances
sufficient to warrant a review of the
order. The information submitted by
Sino-Maple claiming that Sino-Maple is
the successor-in-interest to Jiafeng
demonstrates changed circumstances
sufficient to warrant a review.5
Therefore, in accordance with section
751(b)(1) of the Act and 19 CFR
351.216(d), the Department is initiating
a CCR to determine whether Sino-Maple
is the successor-in-interest to Jiafeng.
In determining whether one company
is the successor to another for purposes
of applying the antidumping duty law,
the Department examines a number of
factors including, but not limited to,
changes in (1) management, (2)
production facilities, (3) suppliers, and
(4) customer base.6 While no one or
several of these factors will necessarily
provide a dispositive indication of
succession, the Department will
generally consider one company to be
the successor to another company if its
resulting operation is essentially the
same as that of its predecessor.7 Thus,
if the evidence demonstrates that, with
respect to the production and sale of the
subject merchandise, the new company
operates as the same business entity as
the prior company, the Department will
5 See
19 CFR 351.216(d).
e.g., Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review:
Multilayered Wood Flooring From the People’s
Republic of China, 79 FR 48117, 48118 (August 15,
2014), unchanged in Multilayered Wood Flooring
From the People’s Republic of China: Final Results
of Changed Circumstances Review, 79 FR 58740
(September 30, 2014).
7 Id.
6 See,
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
13329
assign the new company the cash
deposit rate of its predecessor.8
Based on the information provided in
its CCR Request and responses to
questionnaires issued by the
Department, Sino-Maple has provided
sufficient evidence to warrant a review
to determine if Sino-Maple is the
successor-in-interest to Jiafeng for
purposes of the antidumping duty order
on multilayered wood flooring from the
PRC. However, the Department finds it
necessary to issue further questionnaires
requesting additional information for
this review, as provided for by 19 CFR
351.221(b)(2). For this reason, the
Department is not conducting this
review on an expedited basis by
publishing preliminary results in
conjunction with this notice of
initiation.
Specifically, the Department intends
to issue further questionnaires to SinoMaple regarding the legal status of its
purported predecessor company,
Jiafeng. Based on the information
provided by Sino-Maple, Jiafeng began a
mandatory 180-day liquidation period
on December 29, 2014, during which its
business license and registration
number are suspended.9 Upon
completion of the mandatory 180-day
liquidation period, according to SinoMaple the liquidation of Jiafeng will be
complete and the company will be
terminated.10 At that time, the
Department intends to issue a
supplemental questionnaire requesting
that Sino-Maple submit evidence that
Jiafeng’s liquidation is complete and
that Jiafeng has been terminated.
Therefore, the Department will not
publish the preliminary results of this
review until after Jiafeng has completed
the mandatory 180-day liquidation
period. The Department will publish in
the Federal Register a notice of
preliminary results of the CCR in
accordance with 19 CFR 351.221(b)(4)
and 19 CFR 351.221(c)(3)(i). That notice
will set forth the factual and legal
conclusions upon which our
preliminary results are based and a
description of any action proposed.
Pursuant to 19 CFR 351.221(b)(4)(ii),
interested parties will have an
opportunity to comment on the
preliminary results of review. In
8 See Notice of Final Results of Changed
Circumstances Review: Polychloroprene Rubber
from Japan, 69 FR 67890 (November 22, 2004)
citing, Brass Sheet and Strip from Canada: Notice
of Final Results of Antidumping Duty
Administrative Review, 57 FR 20460 (May 13,
1992); and, Certain Circular Welded Carbon Steel
Pipes and Tubes from Taiwan: Initiation of
Antidumping Duty Changed Circumstance Review,
70 FR 17063 (April 4, 2005).
9 See Second Supplemental Response, at 1, 3.
10 Id. at 1.
E:\FR\FM\13MRN1.SGM
13MRN1
13330
Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices
accordance with 19 CFR 351.216(e), the
Department intends to issue the final
results of its antidumping duty CCR not
later than 270 days after the date on
which the review was initiated.
This notice is published in
accordance with sections 751(b)(l) and
777(i)(l) of the Act and 19 CFR
351.216(b) and 351.221(b)(1).
Dated: March 9, 2015.
Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2015–05830 Filed 3–12–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Proposed Collection; Comment
Request; ‘‘Third-Party Submissions
and Protests’’
United States Patent and
Trademark Office, Commerce.
ACTION: Notice.
AGENCY:
The United States Patent and
Trademark Office (USPTO), as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to comment on proposed and/
or continuing information collections,
as required by the Paperwork Reduction
Act of 1995, Public Law 104–13 (44
U.S.C. 3506(c)(2)(A)).
DATES: Written comments must be
submitted on or before May 12, 2015.
ADDRESSES: Written comments may be
submitted by any of the following
methods:
• Email: InformationCollection@
uspto.gov. Include ‘‘0651–0062 ThirdParty Submissions and Protests’’ in the
subject line of the message.
• Mail: Marcie Lovett, Records
Management Division Director, Office of
the Chief Information Officer, United
States Patent and Trademark Office,
P.O. Box 1450, Alexandria, VA 22313–
1450.
• Federal Rulemaking Portal: https://
www.regulations.gov.
SUMMARY:
mstockstill on DSK4VPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Raul Tamayo,
Senior Legal Advisor, Office of Patent
Legal Administration, United States
Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313–1450; by
telephone at 571–272–7728; or by email
to Raul.Tamayo@uspto.gov with
‘‘Paperwork’’ in the subject line.
Additional information about this
VerDate Sep<11>2014
19:27 Mar 12, 2015
Jkt 235001
collection is also available at https://
www.reginfo.gov under ‘‘Information
Collection Review.’’
SUPPLEMENTARY INFORMATION:
I. Abstract
The United States Patent and
Trademark Office (USPTO) is required
by 35 U.S.C. 131 et seq. to examine an
application for patent and, when
appropriate, issue a patent. The
provisions of 35 U.S.C. 122(c), 122(e),
131, and 151, as well as 37 CFR 1.290
and 1.291, limit the ability of a third
party to have information entered and
considered in, or to protest, a patent
application pending before the Office.
37 CFR 1.290 provides a mechanism
for third parties to submit to the
USPTO, for consideration and inclusion
in the record of a patent application,
any patents, published patent
applications, or other printed
publications of potential relevance to
the examination of the application.
A preissuance submission under 37
CFR 1.290 may be made in any nonprovisional utility, design, and plant
application, as well as in any continuing
application. A preissuance submission
under 37 CFR 1.290 must include a
concise description of the asserted
relevance of each document submitted,
and must be submitted within a certain
statutorily specified time period.
37 CFR 1.291 permits a member of the
public to file a protest against a pending
application. Protests pursuant to 37 CFR
1.291 are supported by a separate
statutory provision from third-party
submissions under 37 CFR 1.290 (35
U.S.C. 122(c) v. 35 U.S.C. 122(e)). As a
result, there are several differences
between protests and third-party
submissions.
For example, 37 CFR 1.291 permits
the submission of information that is
not permitted in a third-party
submission under 37 CFR 1.290.
Specifically, 37 CFR 1.291 provides for
the submission of information other
than publications, including any facts or
information adverse to patentability,
and arguments to that effect. Further, 37
CFR 1.291 requires a protest to include
a concise explanation of the relevance of
each item of information submitted.
Unlike the concise description of
relevance required for a preissuance
submission under 37 CFR 1.290, which
is limited to a description of a
document’s relevance, the concise
explanation for a protest under 37 CFR
1.291 allows for arguments against
patentability. Additionally, the
specified time period for submitting a
protest differs from the time period for
submitting third-party submissions, and
is impacted by whether the protest is
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
accompanied by the written consent of
the applicant.
This information collection (the
information collected via third-party
submissions under 37 CFR 1.290 and
protests under 37 CFR 1.291) is
necessary so that the public may
contribute to the quality of issued
patents. The USPTO will use this
information, as appropriate, during the
patent examination process to assist in
evaluating the patent application.
II. Method of Collection
Electronically when using the USPTO
online filing system EFS-Web, or by
mail or hand delivery.
III. Data
OMB Number: 0651–0062.
IC Instruments: The individual
instruments in this collection, as well as
their associated forms, are listed in the
table below.
TABLE 1—INFORMATION COLLECTION
INSTRUMENTS AND FORMS
IC
No.
Information
collection
instrument
1 ....
Third-Party Submissions in
Nonissued Application; electronic.
Third-Party Submissions in
Nonissued Application; paper.
Protests by the
Public Against
Pending Applications Under
37 CFR 1.291;
paper.
2 ....
3 ....
Form number
• No Form Associated.
• PTO/SB/429.
• No Form Associated.
Type of Review: Revision of a
currently approved collection.
Affected Public: Individuals or
households; businesses or other forprofits; and not-for-profit institutions.
Estimated Number of Respondents:
1,560 responses per year.
Estimated Time per Response: The
USPTO estimates that it will take the
public approximately 10 hours to gather
the necessary information, prepare the
appropriate form or other documents,
and submit the information to the
USPTO.
Estimated Total Annual Hour Burden:
15,600 hours.
Estimated Total Annual Cost Burden
(Hourly): $6,068,400. The USPTO
expects that attorneys will complete the
instruments associated with this
information collection. The professional
hourly rate for an attorney is $389.
Using this hourly rate, the USPTO
E:\FR\FM\13MRN1.SGM
13MRN1
Agencies
[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Notices]
[Pages 13328-13330]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05830]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-970]
Initiation of Antidumping Duty Changed Circumstances Review:
Multilayered Wood Flooring From the People's Republic of China
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') has received
information sufficient to warrant initiation of a changed circumstances
review (``CCR'') of the antidumping duty order on multilayered wood
flooring from the People's Republic of China (``PRC''). Based upon a
request filed by Sino-Maple (JiangSu) Co., Ltd. (``Sino-Maple''), an
exporter of multilayered wood flooring to the United States, the
Department is initiating a CCR to determine whether Sino-Maple is the
successor-in-interest to Jiafeng Wood (Suzhou) Co., Ltd. (``Jiafeng'')
for purposes of the antidumping duty order on multilayered wood
flooring from PRC and, as such, is entitled to Jiafeng's cash deposit
rate with respect to entries of subject merchandise.
DATES: Effective Date: March 13, 2015.
FOR FURTHER INFORMATION CONTACT: James Martinelli or Charles Riggle,
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-
2923 or (202) 482-0650, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 23, 2014, Sino-Maple requested that the Department
initiate an expedited CCR to confirm that Sino-Maple is the successor-
in-interest to Jiafeng for purposes of determining antidumping duty
liabilities.\1\ On January 16, 2015, Sino-Maple responded to the
supplemental questionnaire issued by the Department on January 9,
2015.\2\ On February 4, 2015, the Department extended the time period
for determining whether to initiate a CCR by 30 days, until March 8,
2015.\3\ On February 10, 2015, Sino-Maple responded to the Department's
second supplemental questionnaire, which was issued on February 4,
2015.\4\ We received no comments opposing Sino-Maple's request.
---------------------------------------------------------------------------
\1\ See Letter from Sino-Maple to the Department regarding,
``Multilayered Wood Flooring from the PRC: Request of Sino-Maple
(Jiangsu) Co., Ltd. and Jiafeng Wood (Suzhou) Co., Ltd. for Changed
Circumstances Review'' (December 23, 2014) (``CCR Request'').
\2\ See Letter from Sino-Maple to the Department, regarding
``Multilayered Wood Flooring from the PRC: Response of Sino-Maple
(Jiangsu) Co., Ltd. and Jiafeng Wood (Suzhou) Co., Ltd. to
Supplemental Changed Circumstances Review Questionnaire'' (January
16, 2015).
\3\ See Letter from the Department to Sino-Maple ``Multilayered
Wood Flooring from the People's Republic of China: Request for a
Changed Circumstances Review'' (February 4, 2015).
\4\ See Letter from Sino-Maple to the Department ``Multilayered
Wood Flooring from the PRC: Response of Sino-Maple (Jiangsu) Co.,
Ltd. and Jiafeng Wood (Suzhou) Co., Ltd. to Second Supplemental
Changed Circumstances Review Questionnaire'' (February 10, 2015)
(``Second Supplemental Response'').
---------------------------------------------------------------------------
Scope of the Order
Multilayered wood flooring is composed of an assembly of two or
more layers or plies of wood veneer(s) in combination with a core. 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.
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 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
[[Page 13329]]
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;
4412.31.2510; 4412.31.2520; 4412.31.4040; 4412.31.4050; 4412.31.4060;
4412.31.4070; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165;
4412.31.3175; 4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540;
4412.32.0560; 4412.32.2510; 4412.32.2520; 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; 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; 4412.99.5710; 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.
While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the subject merchandise is
dispositive.
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(``the Act'') and 19 CFR 351.216(d), the Department will conduct a CCR
upon receipt of information concerning, or a request from an interested
party for a review of, an antidumping duty order which shows changed
circumstances sufficient to warrant a review of the order. The
information submitted by Sino-Maple claiming that Sino-Maple is the
successor-in-interest to Jiafeng demonstrates changed circumstances
sufficient to warrant a review.\5\ Therefore, in accordance with
section 751(b)(1) of the Act and 19 CFR 351.216(d), the Department is
initiating a CCR to determine whether Sino-Maple is the successor-in-
interest to Jiafeng.
---------------------------------------------------------------------------
\5\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------
In determining whether one company is the successor to another for
purposes of applying the antidumping duty law, the Department examines
a number of factors including, but not limited to, changes in (1)
management, (2) production facilities, (3) suppliers, and (4) customer
base.\6\ While no one or several of these factors will necessarily
provide a dispositive indication of succession, the Department will
generally consider one company to be the successor to another company
if its resulting operation is essentially the same as that of its
predecessor.\7\ Thus, if the evidence demonstrates that, with respect
to the production and sale of the subject merchandise, the new company
operates as the same business entity as the prior company, the
Department will assign the new company the cash deposit rate of its
predecessor.\8\
---------------------------------------------------------------------------
\6\ See, e.g., Initiation and Preliminary Results of Antidumping
Duty Changed Circumstances Review: Multilayered Wood Flooring From
the People's Republic of China, 79 FR 48117, 48118 (August 15,
2014), unchanged in Multilayered Wood Flooring From the People's
Republic of China: Final Results of Changed Circumstances Review, 79
FR 58740 (September 30, 2014).
\7\ Id.
\8\ See Notice of Final Results of Changed Circumstances Review:
Polychloroprene Rubber from Japan, 69 FR 67890 (November 22, 2004)
citing, Brass Sheet and Strip from Canada: Notice of Final Results
of Antidumping Duty Administrative Review, 57 FR 20460 (May 13,
1992); and, Certain Circular Welded Carbon Steel Pipes and Tubes
from Taiwan: Initiation of Antidumping Duty Changed Circumstance
Review, 70 FR 17063 (April 4, 2005).
---------------------------------------------------------------------------
Based on the information provided in its CCR Request and responses
to questionnaires issued by the Department, Sino-Maple has provided
sufficient evidence to warrant a review to determine if Sino-Maple is
the successor-in-interest to Jiafeng for purposes of the antidumping
duty order on multilayered wood flooring from the PRC. However, the
Department finds it necessary to issue further questionnaires
requesting additional information for this review, as provided for by
19 CFR 351.221(b)(2). For this reason, the Department is not conducting
this review on an expedited basis by publishing preliminary results in
conjunction with this notice of initiation.
Specifically, the Department intends to issue further
questionnaires to Sino-Maple regarding the legal status of its
purported predecessor company, Jiafeng. Based on the information
provided by Sino-Maple, Jiafeng began a mandatory 180-day liquidation
period on December 29, 2014, during which its business license and
registration number are suspended.\9\ Upon completion of the mandatory
180-day liquidation period, according to Sino-Maple the liquidation of
Jiafeng will be complete and the company will be terminated.\10\ At
that time, the Department intends to issue a supplemental questionnaire
requesting that Sino-Maple submit evidence that Jiafeng's liquidation
is complete and that Jiafeng has been terminated.
---------------------------------------------------------------------------
\9\ See Second Supplemental Response, at 1, 3.
\10\ Id. at 1.
---------------------------------------------------------------------------
Therefore, the Department will not publish the preliminary results
of this review until after Jiafeng has completed the mandatory 180-day
liquidation period. The Department will publish in the Federal Register
a notice of preliminary results of the CCR in accordance with 19 CFR
351.221(b)(4) and 19 CFR 351.221(c)(3)(i). That notice will set forth
the factual and legal conclusions upon which our preliminary results
are based and a description of any action proposed.
Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have
an opportunity to comment on the preliminary results of review. In
[[Page 13330]]
accordance with 19 CFR 351.216(e), the Department intends to issue the
final results of its antidumping duty CCR not later than 270 days after
the date on which the review was initiated.
This notice is published in accordance with sections 751(b)(l) and
777(i)(l) of the Act and 19 CFR 351.216(b) and 351.221(b)(1).
Dated: March 9, 2015.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2015-05830 Filed 3-12-15; 8:45 am]
BILLING CODE 3510-DS-P