Multilayered Wood Flooring From the People's Republic of China: Preliminary Results of the Changed Circumstances Review of Sino-Maple (JiangSu) Co., Ltd., 57576-57578 [2015-24191]
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Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Notices
any other activity subject to the
Regulations.
FOURTH, for the applicable time
periods, starting from the date of this
Order, that are set forth in Paragraph
Sixth below, no person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of a Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
a Denied Person of the ownership,
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subject to the Regulations that has been
or will be exported from the United
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support activities related to a
transaction whereby a Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from a Denied Person of any
item subject to the Regulations that has
been exported from the United States;
D. Obtain from a Denied Person in the
United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by a Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by a Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
FIFTH, after notice and opportunity
for comment as provided in section
766.23 of the Regulations, any person,
firm, corporation, or business
organization related to a Denied Person
by affiliation, ownership, control, or
position of responsibility in the conduct
of trade or related services may also be
made subject to the provisions of this
Order for the applicable time periods,
starting from the date of this Order, that
are set forth in Paragraph Sixth, below.
SIXTH, that the provisions of
Paragraphs Third, Fourth, and Fifth,
above, shall apply for the following
periods of time:
A. As to Engineering Construction &
Contracting Co., and when acting for or
on its behalf, its successors, assigns,
directors, officers, employees,
representatives, or agents, for a period of
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seven (7) years from the date of this
Order;
B. As to Advanced Tech Solutions
a/k/a Advanced Technology Solutions,
and when acting for or on its behalf, its
successors, assigns, directors, officers,
employees, representatives, or agents,
for a period of seven (7) years from the
date of this Order;
C. As to Rashid Albuni, and when
acting for or on his behalf, his
successors, assigns, representatives,
agents, or employees, for a period of six
(6) years from the date of this Order;
D. As to Aiman Ammar a/k/a Ayman
Ammar, and when acting for or on his
behalf, his successors, assigns,
representatives, agents, or employees,
for a period of five (5) years from the
date of this Order; and
E. As to iT Wave FZCO a/k/a iT-Wave
a/k/a ITEX-Wave FZCO, and when
acting for or on its behalf, its successors,
assigns, directors, officers, employees,
representatives, or agents, for a period of
four (4) years from the date of this
Order.
SEVENTH, Respondents shall not take
any action or make or permit to be made
any public statement, directly or
indirectly, denying the allegations in the
Charging Letter or this Order. The
foregoing does not affect Respondents’
testimonial obligations in any
proceeding, nor does it affect its right to
take legal or factual positions in civil
litigation or other civil proceedings in
which the U.S. Department of
Commerce is not a party.
EIGHTH, that the Charging Letter, the
Settlement Agreement, and this Order
shall be made available to the public.
NINTH, that this Order shall be
served on Respondents, and shall be
published in the Federal Register.
This Order, which constitutes the
final agency action in this matter, is
effective immediately.5
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970]
Multilayered Wood Flooring From the
People’s Republic of China:
Preliminary Results of the Changed
Circumstances Review of Sino-Maple
(JiangSu) Co., Ltd.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 13, 2015, the
Department of Commerce (the
‘‘Department’’) initiated a changed
circumstance review (‘‘CCR’’) of the
antidumping duty (‘‘AD’’) order on
multilayered wood flooring from the
People’s Republic of China (‘‘PRC’’) in
response to a request from Sino-Maple
(JiangSu) Co., Ltd. (‘‘Sino-Maple’’), an
exporter of subject merchandise to the
United States.1 Pursuant to section
751(b) of the Tariff Act of 1930, as
amended (‘‘the Act’’), and 19 CFR
351.216, the Department preliminarily
determines that Sino-Maple is the
successor-in-interest to Jiafeng Wood
(Suzhou) Co., Ltd. (‘‘Jiafeng’’) for
purposes of the AD order on
multilayered wood flooring from the
PRC and, as such, is entitled to Jiafeng’s
cash deposit rate with respect to entries
of subject merchandise. We invite
interested parties to comment on these
preliminary results.
DATES: Effective: September 24, 2015.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill, 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)
482–4037.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
BILLING CODE P
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 AD
liabilities.2 For a complete description
of events that followed the initiation of
5 Review and consideration of this matter have
been delegated to the Deputy Assistant Secretary of
Commerce for Export Enforcement.
1 See Initiation of Antidumping Duty Changed
Circumstances Review: Multilayered Wood Flooring
From the People’s Republic of China, 80 FR 13328
(March 13, 2015) (Initiation Notice).
2 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’’).
Issued this 18th day of September, 2015.
Richard R. Majauskas,
Deputy Assistant Secretary of Commerce for
Export Enforcement.
[FR Doc. 2015–24248 Filed 9–23–15; 8:45 am]
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Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Notices
this review, see the Preliminary
Decision Memorandum.3
Based on this information, the
Department initiated this CCR on March
13, 2015, explaining that, while there
was sufficient evidence to initiate a
CCR, the Department determined not to
conduct its review on an expedited
basis by publishing the preliminary
results in conjunction with its notice of
initiation. Specifically, we noted that
the purported predecessor company,
Jiafeng, was still in a 180-day
liquidation period. We stated that we
intended to issue additional
questionnaires to Sino-Maple, as
authorized by 19 CFR 351.221(b)(2),
upon completion of the 180-day
liquidation period, seeking evidence
that Jiafeng has been terminated and
that Jiafeng’s liquidation was
completed.4 On June 22, 2015, SinoMaple submitted this evidence.5
tkelley on DSK3SPTVN1PROD with NOTICES
Scope of the Investigation
The merchandise covered by the order
includes multilayered wood flooring,
subject to certain exceptions. 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;
3 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, ‘‘Decision
Memorandum for the Preliminary Results of the
Antidumping Duty Changed Circumstances Review
of Multilayered Wood Flooring from the People’s
Republic of China: Sino-Maple (JiangSu) Co., Ltd.’’
(‘‘Preliminary Decision Memorandum’’), dated
concurrently with, and adopted by, this notice.
4 See Initiation Notice, 80 FR 13329.
5 See Letter from Sino-Maple to the Department,
regarding ‘‘Multilayered Wood Flooring from the
PRC: Voluntary (Third) Supplemental Changed
Circumstances Review Response of Sino-Maple
(Jiangsu) Co., Ltd. and Jiafeng Wood (Suzhou) Co.,
Ltd.,’’ dated June 22, 2015.
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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.
A complete description of the scope
of the order is contained in the
Preliminary Decision Memorandum.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and ACCESS
is available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Methodology
In accordance with section 751(b)(1)
of the Act, we are conducting this CCR
based upon the information contained
in Sino-Maple’s submissions. In making
a successor-in-interest determination,
the Department typically examines
several factors including, but not
limited to, changes in: (1) Management;
(2) production facilities; (3) supplier
relationships; and (4) customer base.6
While no single factor or combination of
factors will necessarily be dispositive,
the Department generally will consider
the new company to be the successor to
the predecessor if the resulting
6 See, e.g., Certain Activated Carbon From the
People’s Republic of China: Notice of Initiation of
Changed Circumstances Review, 74 FR 19934,
19935 (April 30, 2009).
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57577
operations of the successor are not
materially dissimilar to that of its
predecessor.7 Thus, if the record
demonstrates that, with respect to the
production and sale of the subject
merchandise, the new company
operates as the same business entity as
the predecessor company, the
Department may assign the new
company the cash deposit rate of its
predecessor.8 For a full description of
the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Preliminary Determination of the
Changed Circumstances Review
Based on the record evidence, we
preliminarily determine that SinoMaple is the successor-in-interest to
Jiafeng because Sino-Maple operates
materially the same as Jiafeng with
respect to the subject merchandise,
albeit in a new location. Specifically, we
find that any changes that may have
occurred after Jiafeng became SinoMaple did not constitute material
changes to management, supplier
relationships, customer relationships, or
ownership/legal structure with respect
to the production and sale of the subject
merchandise. A list of topics discussed
in the Preliminary Decision
Memorandum appears in the Appendix
to this notice.
If the Department upholds these
preliminary results in the final results,
Sino-Maple will be assigned the cash
deposit rate currently assigned to Jiafeng
with respect to the subject merchandise
(i.e., 13.74 percent). We will also
instruct U.S. Customs and Border
Protection to suspend liquidation of
entries of multilayered wood flooring
exported by Sino-Maple, effective on the
publication date of the final results, at
the AD cash deposit rate assigned to
Jiafeng.
Public Comment
Interested parties may submit written
comments by no later than 30 days after
the date of publication of these
preliminary results of review in the
Federal Register.9 Rebuttals, limited to
issues raised in the written comments,
may be filed by no later than five days
after the written comments are due.10
Parties that submit written comments
7 See, e.g., Notice of Initiation of Antidumping
Duty Changed Circumstances Review: Certain
Forged Stainless Steel Flanges from India, 71 FR
327, 327 (January 4, 2006).
8 See, e.g., Fresh and Chilled Atlantic Salmon
From Norway; Final Results of Changed
Circumstances Antidumping Duty Administrative
Review, 64 FR 9979, 9980 (March 1, 1999).
9 See 19 CFR 351.309(c)(1)(ii).
10 See 19 CFR 351.309(d)(1).
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Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Notices
and rebuttals are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.11 All briefs are to be filed
electronically using ACCESS.12 An
electronically filed document must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Time on
the day on which it is due.13
Any interested party may request a
hearing to the Assistant Secretary of
Enforcement and Compliance using
ACCESS within 30 days of publication
of this notice in the Federal Register.14
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.15 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 20230.16
Final Results of the Review
In accordance with 19 CFR
351.216(e), the Department intends to
issue the final results of this CCR not
later than 270 days after the date on
which this review was initiated.
Notification to Parties
The Department is issuing and
publishing these preliminary results in
accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216
and 351.221.
Dated: September 17, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Results of the Changed
Circumstances Review
V. Recommendation
[FR Doc. 2015–24191 Filed 9–23–15; 8:45 am]
tkelley on DSK3SPTVN1PROD with NOTICES
BILLING CODE 3510–DS–P
11 See
19 CFR 351.309(c)(2) & (d)(2).
19 CFR 351.303(b) & (f).
13 See 19 CFR 351.303(b).
14 See 19 CFR 351.310(c).
15 Id.
16 See 19 CFR 351.310(d).
12 See
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Jkt 235001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–808]
Certain Cut-to-Length Carbon Steel
Plate From the Russian Federation:
Request for Comments
Enforcement & Compliance,
International Trade Administration,
Commerce.
ACTION: Invitation for Comment on
Antidumping Suspension Agreement on
Certain Cut-to-Length Carbon Steel Plate
from the Russian Federation.
AGENCY:
On May 5, 2015,
ArcelorMittal USA, Inc., Nucor
Corporation, and SSAB North America
Division (collectively, ‘‘domestic
interested parties’’), filed with the U.S.
Department of Commerce
(‘‘Department’’) a request to terminate
the 2003 Agreement Suspending the
Antidumping Investigation of Certain
Cut-to-Length Carbon Steel Plate from
the Russian Federation (‘‘Agreement’’)
(‘‘request to terminate’’). For the reasons
stated in this notice, the Department is
requesting comments on whether
suspension of the investigation is no
longer in the ‘‘public interest’’ under
sections 734(d) and 734(i) of the Tariff
Act of 1930, as amended (‘‘Act’’).
DATES: Effective: September 24, 2015.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or Julie H. Santoboni,
Enforcement & Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230, telephone: (202)
482–0162 or (202) 482–3063,
respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
In January 2003, the non-market
economy suspension agreement signed
in October 1997 on cut-to-length carbon
steel plate (‘‘CTL plate’’) from the
Russian Federation was replaced with a
market-economy agreement with
Russian producers under section 734(b)
of the Act. See Suspension of
Antidumping Duty Investigation of
Certain Cut-to-Length Carbon Steel Plate
from the Russian Federation, 68 FR
3859 (Jan. 27, 2003).1 In entering into
1 The underlying antidumping duty investigation
was continued in 1997, and the Department made
an affirmative final determination of sales at less
than fair value and the International Trade
Commission made an affirmative injury
determination. See Notice of Final Determination of
Sales at Less than Fair Value: Certain Cut-to-Length
Carbon Steel Plate from the Russian Federation, 62
FR 61787 (Nov. 19, 1997); Certain Carbon Steel
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the Agreement, the Department
determined, under section 734(b) of the
Act, that the Agreement would
eliminate completely sales at less than
fair value of the imported subject
merchandise and, under section 734(d)
of the Act, that suspension of the
investigation was in the ‘‘public
interest’’ and could be monitored
effectively. Since implementation of the
Agreement in 2003, the Department has
been calculating semi-annual ‘‘normal
values’’ (‘‘NVs’’), or minimum selling
prices, for Joint Stock Company
Severstal (‘‘Severstal’’), the one Russian
signatory producer that has requested
NVs.
On May 5, 2015, the domestic
interested parties filed a request that the
Department terminate the Agreement
because it is no longer in the public
interest and because Severstal may have
violated the Agreement. On May 14,
2015, the Ministry of Economic
Development of the Russian Federation
(‘‘Economy Ministry’’) filed a letter in
response to the domestic interested
parties’ request to terminate the
Agreement. On May 18, 2015, Severstal
filed a letter in response to the domestic
interested parties’ request to terminate
the Agreement.
Scope of Review
The products covered by the
Agreement are CTL plate from the
Russian Federation. This merchandise is
currently classified in the Harmonized
Tariff Schedule of the United States
(HTS) under item numbers
7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000,
7208.53.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000,
7211.13.0000, 7211.14.0030,
7211.14.0045, 7211.90.0000,
7212.40.1000, 7212.40.5000, and
7212.50.0000. Although the HTS
subheadings are provided for
convenience and customs purposes, our
written description of the scope of the
Agreement is dispositive. For a full
description of the scope of this
Agreement, see Appendix B of the
Agreement.
Invitation for Comment
As discussed above, the Department
has received a request to terminate the
Agreement from the domestic interested
parties and is currently evaluating the
request. The Agreement, at Section F,
provides that ‘‘{i}f the Department
determines that the Agreement is being
or has been violated or no longer meets
Plate from China, Russia, South Africa and
Ukraine, 62 FR 66128 (Dec. 17, 1997).
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Agencies
[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)]
[Notices]
[Pages 57576-57578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24191]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-970]
Multilayered Wood Flooring From the People's Republic of China:
Preliminary Results of the Changed Circumstances Review of Sino-Maple
(JiangSu) Co., Ltd.
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 13, 2015, the Department of Commerce (the
``Department'') initiated a changed circumstance review (``CCR'') of
the antidumping duty (``AD'') order on multilayered wood flooring from
the People's Republic of China (``PRC'') in response to a request from
Sino-Maple (JiangSu) Co., Ltd. (``Sino-Maple''), an exporter of subject
merchandise to the United States.\1\ Pursuant to section 751(b) of the
Tariff Act of 1930, as amended (``the Act''), and 19 CFR 351.216, the
Department preliminarily determines that Sino-Maple is the successor-
in-interest to Jiafeng Wood (Suzhou) Co., Ltd. (``Jiafeng'') for
purposes of the AD order on multilayered wood flooring from the PRC
and, as such, is entitled to Jiafeng's cash deposit rate with respect
to entries of subject merchandise. We invite interested parties to
comment on these preliminary results.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping Duty Changed Circumstances
Review: Multilayered Wood Flooring From the People's Republic of
China, 80 FR 13328 (March 13, 2015) (Initiation Notice).
---------------------------------------------------------------------------
DATES: Effective: September 24, 2015.
FOR FURTHER INFORMATION CONTACT: Krisha Hill, 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) 482-4037.
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 AD liabilities.\2\
For a complete description of events that followed the initiation of
[[Page 57577]]
this review, see the Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------
\2\ 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'').
\3\ 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, ``Decision Memorandum for the Preliminary Results of the
Antidumping Duty Changed Circumstances Review of Multilayered Wood
Flooring from the People's Republic of China: Sino-Maple (JiangSu)
Co., Ltd.'' (``Preliminary Decision Memorandum''), dated
concurrently with, and adopted by, this notice.
---------------------------------------------------------------------------
Based on this information, the Department initiated this CCR on
March 13, 2015, explaining that, while there was sufficient evidence to
initiate a CCR, the Department determined not to conduct its review on
an expedited basis by publishing the preliminary results in conjunction
with its notice of initiation. Specifically, we noted that the
purported predecessor company, Jiafeng, was still in a 180-day
liquidation period. We stated that we intended to issue additional
questionnaires to Sino-Maple, as authorized by 19 CFR 351.221(b)(2),
upon completion of the 180-day liquidation period, seeking evidence
that Jiafeng has been terminated and that Jiafeng's liquidation was
completed.\4\ On June 22, 2015, Sino-Maple submitted this evidence.\5\
---------------------------------------------------------------------------
\4\ See Initiation Notice, 80 FR 13329.
\5\ See Letter from Sino-Maple to the Department, regarding
``Multilayered Wood Flooring from the PRC: Voluntary (Third)
Supplemental Changed Circumstances Review Response of Sino-Maple
(Jiangsu) Co., Ltd. and Jiafeng Wood (Suzhou) Co., Ltd.,'' dated
June 22, 2015.
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise covered by the order includes multilayered wood
flooring, subject to certain exceptions. 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.
A complete description of the scope of the order is contained in
the Preliminary Decision Memorandum. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and ACCESS is available to
all parties in the Central Records Unit, room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Methodology
In accordance with section 751(b)(1) of the Act, we are conducting
this CCR based upon the information contained in Sino-Maple's
submissions. In making a successor-in-interest determination, the
Department typically examines several factors including, but not
limited to, changes in: (1) Management; (2) production facilities; (3)
supplier relationships; and (4) customer base.\6\ While no single
factor or combination of factors will necessarily be dispositive, the
Department generally will consider the new company to be the successor
to the predecessor if the resulting operations of the successor are not
materially dissimilar to that of its predecessor.\7\ Thus, if the
record demonstrates that, with respect to the production and sale of
the subject merchandise, the new company operates as the same business
entity as the predecessor company, the Department may assign the new
company the cash deposit rate of its predecessor.\8\ For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.
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\6\ See, e.g., Certain Activated Carbon From the People's
Republic of China: Notice of Initiation of Changed Circumstances
Review, 74 FR 19934, 19935 (April 30, 2009).
\7\ See, e.g., Notice of Initiation of Antidumping Duty Changed
Circumstances Review: Certain Forged Stainless Steel Flanges from
India, 71 FR 327, 327 (January 4, 2006).
\8\ See, e.g., Fresh and Chilled Atlantic Salmon From Norway;
Final Results of Changed Circumstances Antidumping Duty
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
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Preliminary Determination of the Changed Circumstances Review
Based on the record evidence, we preliminarily determine that Sino-
Maple is the successor-in-interest to Jiafeng because Sino-Maple
operates materially the same as Jiafeng with respect to the subject
merchandise, albeit in a new location. Specifically, we find that any
changes that may have occurred after Jiafeng became Sino-Maple did not
constitute material changes to management, supplier relationships,
customer relationships, or ownership/legal structure with respect to
the production and sale of the subject merchandise. A list of topics
discussed in the Preliminary Decision Memorandum appears in the
Appendix to this notice.
If the Department upholds these preliminary results in the final
results, Sino-Maple will be assigned the cash deposit rate currently
assigned to Jiafeng with respect to the subject merchandise (i.e.,
13.74 percent). We will also instruct U.S. Customs and Border
Protection to suspend liquidation of entries of multilayered wood
flooring exported by Sino-Maple, effective on the publication date of
the final results, at the AD cash deposit rate assigned to Jiafeng.
Public Comment
Interested parties may submit written comments by no later than 30
days after the date of publication of these preliminary results of
review in the Federal Register.\9\ Rebuttals, limited to issues raised
in the written comments, may be filed by no later than five days after
the written comments are due.\10\ Parties that submit written comments
[[Page 57578]]
and rebuttals are encouraged to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\11\ All briefs are to be filed electronically
using ACCESS.\12\ An electronically filed document must be received
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the
day on which it is due.\13\
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\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d)(1).
\11\ See 19 CFR 351.309(c)(2) & (d)(2).
\12\ See 19 CFR 351.303(b) & (f).
\13\ See 19 CFR 351.303(b).
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Any interested party may request a hearing to the Assistant
Secretary of Enforcement and Compliance using ACCESS within 30 days of
publication of this notice in the Federal Register.\14\ 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.\15\ 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.\16\
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\14\ See 19 CFR 351.310(c).
\15\ Id.
\16\ See 19 CFR 351.310(d).
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Final Results of the Review
In accordance with 19 CFR 351.216(e), the Department intends to
issue the final results of this CCR not later than 270 days after the
date on which this review was initiated.
Notification to Parties
The Department is issuing and publishing these preliminary results
in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19
CFR 351.216 and 351.221.
Dated: September 17, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Results of the Changed Circumstances Review
V. Recommendation
[FR Doc. 2015-24191 Filed 9-23-15; 8:45 am]
BILLING CODE 3510-DS-P