Multilayered Wood Flooring From the People's Republic of China: Correction to Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2012, 50265-50266 [2015-20494]

Download as PDF Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Notices confirmed with U.S. Customs and Border Protection (CBP).7 For these final results, because the record contains no evidence to the contrary, we continue to find that PAL did not have any entries during the POR. Consistent with the Department’s assessment practice in non-market economy (‘‘NME’’) cases,8 where a respondent has no entries during the period of review, it is appropriate not to rescind the review in part in this circumstance but, rather, to complete the review with respect to that respondent and issue appropriate instructions to CBP based on the final results of the review.9 Therefore, the Department finds that it is appropriate not to rescind the review in these circumstances, but rather to complete the review with respect to PAL and issue appropriate instructions to CBP based on the final results of the review.10 tkelley on DSK3SPTVN1PROD with NOTICES Analysis of Comments Received All issues raised in the case brief and the rebuttal brief filed in this review are addressed in the Issues and Decision Memorandum.11 The issue parties raised and to which we responded in the Issues and Decision Memorandum follows as an appendix 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 http://access.trade.gov and in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ enforcement/. The signed Issues and Decision Memorandum and the 7 See Memorandum to the File, from Alexander Montoro, International Trade Compliance Analyst entitled, ‘‘CBP Data Query Results,’’ dated February 2, 2015. 8 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (‘‘NME Reseller Policy’’). 9 See, e.g., Wooden Bedroom Furniture from the People’s Republic of China: Final Results and Final Rescission, In Part, of Administrative Review and Final Results of New Shipper Review; 2013, 80 FR 34619 (June 17, 2015). 10 See NME Reseller Policy. 11 See Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Potassium Permanganate from the People’s Republic of China: Issues and Decision Memorandum for the Final Results,’’ dated concurrently with this notice (‘‘Issues and Decision Memorandum’’). VerDate Sep<11>2014 19:14 Aug 18, 2015 Jkt 235001 electronic version of the Issues and Decision Memorandum are identical in content. Final Results of Review Because record evidence indicates that PAL, the only company under review, had no reviewable transactions during the POR, and consistent with our assessment practice, it is appropriate not to rescind the review.12 Therefore, for these final results, we have completed the review with respect to PAL and continue to find that it had no reviewable transactions during the POR. We note that PAL does not have an individual rate, or a separate rate, and has never been reviewed in any other prior segment. Thus, PAL is considered part of the PRC-wide entity, and the PRC-wide entity rate is 128.94 percent. Assessment Rates Because the single company under review was found to have no reviewable transactions, we have not calculated any assessment (or cash deposit) rates in this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this 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 previously investigated or reviewed PRC and nonPRC exporters that received a separate rate in a prior completed segment of this proceeding, the cash deposit rate will continue to be the existing exporterspecific rate; (2) 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, which is 128.94 percent; 13 and (3) 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. 12 See NME Reseller Policy. Potassium Permanganate from the People’s Republic of China; Final Results of Antidumping Duty Administrative Review, 59 FR 26625 (May 23, 1994). 13 See PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 50265 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 the POR. 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. Notification to Interested Parties These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: August 7, 2015. Ronald K. Lorentzen, Acting 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. Comment: Finding of No Reviewable Entries 5. Recommendation [FR Doc. 2015–20493 Filed 8–18–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–971] Multilayered Wood Flooring From the People’s Republic of China: Correction to Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2012 Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: August 19, 2015. SUMMARY: On July 14, 2015, the Department of Commerce (Department) published in the Federal Register its notice of final results and partial rescission for the countervailing duty administrative review of multilayered wood flooring (wood flooring) from the People’s Republic of China (PRC) for the period of review January 1, 2012, through December 31, 2012.1 The net AGENCY: 1 See Multilayered Wood Flooring from the People’s Republic of China: Final Results of Countervailing Duty Administrative Review and Partial Rescission; 2012, 80 FR 41007 (July 14, 2015) (Final Results). E:\FR\FM\19AUN1.SGM 19AUN1 50266 Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Notices countervailable subsidy rate for one producer under review, Linyi Youyou Wood Co., Ltd., an affiliate of Shanghai Lizhong Wood Products Co., Ltd. (also known as The Lizhong Wood Industry Limited Company of Shanghai), was inadvertently omitted from the notice. Therefore, this company should be included in the listing of producers and/ or exporters under review and its net subsidy rate is as follows: Producer/Exporter Net subsidy rate Shanghai Lizhong Wood Products Co., Ltd. (also known as The Lizhong Wood Industry Limited Company of Shanghai); Linyi Youyou Wood Co., Ltd. ..................................................................................................................................................... 0.99 No other changes have been made to the Final Results. Assessment Rates Consistent with 19 CFR 351.212(b)(2), we intend to issue assessment instructions to the U.S. Customs and Border Protection (CBP) fifteen days after the date of publication of these final results. We will instruct CBP to assess countervailing duties on period of review entries in the amounts shown above. Cash Deposit Requirements tkelley on DSK3SPTVN1PROD with NOTICES In accordance with section 751(a)(1) of the Act, we intend to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown above on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all nonreviewed companies (except Zhejiang Layo Wood Industry Co., Ltd., its affiliate Jiaxing Brilliant Import & Export Co., Ltd., and Zhejiang Yuhua Timber Co., Ltd., which are excluded from the Order),2 we will instruct CBP to continue to collect cash deposits at the most recent company-specific or allothers rate applicable to the company. Accordingly, the cash deposit rates that will be applied to companies covered by the Amended Order,3 but not examined in this review, are those established in the most recently completed segment of the proceeding for each company. These cash deposit requirements, when imposed, shall remain in effect until further notice. This corrected notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. 2 See Order, 76 FR at 76694. 3 See Multilayered Wood Flooring from the People’s Republic of China: Notice of Court Decision Not in Harmony with Final Determination of Countervailing Duty Investigation and Notice of Amended Countervailing Duty Order, 77 FR 71167 (November 29, 2012). VerDate Sep<11>2014 19:14 Aug 18, 2015 Jkt 235001 Dated: August 13, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–20494 Filed 8–18–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–891] Hand Trucks and Certain Parts Thereof From the People’s Republic of China: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective date: August 19, 2015. SUMMARY: As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC) that revocation of the antidumping duty order on hand trucks and certain parts thereof (hand trucks) 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 for this antidumping duty order. Contact Information: Jacqueline Arrowsmith, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–5255. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 2, 2015, the Department initiated this sunset review on the antidumping duty order on hand trucks from the PRC, pursuant to section 751(c) and 752 of the Tariff Act of 1930, as amended (the Act).1 As a result of the review, the Department found that revocation of the antidumping order 1 See Initiation of Five Year (‘‘Sunset’’) Review, 80 FR 11164 (March 2, 2015) (Sunset Initiation). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 would likely lead to a continuation or recurrence of dumping, and therefore, notified the ITC of the magnitude of the dumping margins likely to prevail were the order to be revoked.2 On August 5, 2015, the ITC published its determination pursuant to section 751(c) and 752 of the Act that revocation of the antidumping duty order of hand trucks from the PRC would lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.3 Scope of the Order for Hand Trucks The merchandise subject to this antidumping duty order consists of hand trucks manufactured from any material, whether assembled or unassembled, complete or incomplete, suitable for any use, and certain parts thereof, namely the vertical frame, the handling area and the projecting edges or toe plate, and any combination thereof. A complete or fully assembled hand truck is a hand-propelled barrow consisting of a vertically disposed frame having a handle or more than one handle at or near the upper section of the vertical frame; at least two wheels at or near the lower section of the vertical frame; and a horizontal projecting edge or edges, or toe plate, perpendicular or angled to the vertical frame, at or near the lower section of the vertical frame. The projecting edge or edges, or toe plate, slides under a load for purposes of lifting and/or moving the load. That the vertical frame can be converted from a vertical setting to a horizontal setting, then operated in that horizontal setting as a platform, is not a basis for exclusion of the hand truck from the scope of this petition. That the vertical frame, handling area, wheels, projecting edges or other parts of the hand truck can be collapsed or folded is 2 See Hand Trucks and Certain Parts Thereof From the People’s Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order, 80 FR 39748 (July 10, 2015). 3 See Hand Trucks and Certain Parts Thereof From China, [Investigation No. 731–TA–1059 (Second Review), 80 FR 46603 (ITC August 5, 2015). E:\FR\FM\19AUN1.SGM 19AUN1

Agencies

[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Notices]
[Pages 50265-50266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20494]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-971]


Multilayered Wood Flooring From the People's Republic of China: 
Correction to Final Results and Partial Rescission of Countervailing 
Duty Administrative Review; 2012

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

DATES: Effective Date: August 19, 2015.
SUMMARY: On July 14, 2015, the Department of Commerce (Department) 
published in the Federal Register its notice of final results and 
partial rescission for the countervailing duty administrative review of 
multilayered wood flooring (wood flooring) from the People's Republic 
of China (PRC) for the period of review January 1, 2012, through 
December 31, 2012.\1\ The net

[[Page 50266]]

countervailable subsidy rate for one producer under review, Linyi 
Youyou Wood Co., Ltd., an affiliate of Shanghai Lizhong Wood Products 
Co., Ltd. (also known as The Lizhong Wood Industry Limited Company of 
Shanghai), was inadvertently omitted from the notice. Therefore, this 
company should be included in the listing of producers and/or exporters 
under review and its net subsidy rate is as follows:
---------------------------------------------------------------------------

    \1\ See Multilayered Wood Flooring from the People's Republic of 
China: Final Results of Countervailing Duty Administrative Review 
and Partial Rescission; 2012, 80 FR 41007 (July 14, 2015) (Final 
Results).

------------------------------------------------------------------------
                  Producer/Exporter                    Net subsidy rate
------------------------------------------------------------------------
Shanghai Lizhong Wood Products Co., Ltd. (also known               0.99
 as The Lizhong Wood Industry Limited Company of
 Shanghai); Linyi Youyou Wood Co., Ltd..............
------------------------------------------------------------------------

    No other changes have been made to the Final Results.

Assessment Rates

    Consistent with 19 CFR 351.212(b)(2), we intend to issue assessment 
instructions to the U.S. Customs and Border Protection (CBP) fifteen 
days after the date of publication of these final results. We will 
instruct CBP to assess countervailing duties on period of review 
entries in the amounts shown above.

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, we intend to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown above on shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the final results of this review. For all non-
reviewed companies (except Zhejiang Layo Wood Industry Co., Ltd., its 
affiliate Jiaxing Brilliant Import & Export Co., Ltd., and Zhejiang 
Yuhua Timber Co., Ltd., which are excluded from the Order),\2\ we will 
instruct CBP to continue to collect cash deposits at the most recent 
company-specific or all-others rate applicable to the company. 
Accordingly, the cash deposit rates that will be applied to companies 
covered by the Amended Order,\3\ but not examined in this review, are 
those established in the most recently completed segment of the 
proceeding for each company. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \2\ See Order, 76 FR at 76694.
    \3\ See Multilayered Wood Flooring from the People's Republic of 
China: Notice of Court Decision Not in Harmony with Final 
Determination of Countervailing Duty Investigation and Notice of 
Amended Countervailing Duty Order, 77 FR 71167 (November 29, 2012).
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    This corrected notice is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: August 13, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-20494 Filed 8-18-15; 8:45 am]
 BILLING CODE 3510-DS-P