Multilayered Wood Flooring From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2013-2014, 65200-65201 [2015-27156]

Download as PDF 65200 Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–570–970] Multilayered Wood Flooring From the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) is initiating a new shipper review of the antidumping duty order on multilayered wood flooring from the People’s Republic of China (‘‘PRC’’). The period of review (‘‘POR’’) for the new shipper review is December 1, 2013, through November 30, 2014.1 DATES: Effective Date: October 26, 2015. FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Robert Bolling, AD/ CVD Operations, Office 4, 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: AGENCY: asabaliauskas on DSK5VPTVN1PROD with NOTICES Background The Department published the antidumping duty order on multilayered wood flooring from the PRC on December 8, 2011.2 On December 19, 2014, the Department received a timely new shipper review request from Qingdao Barry Flooring Co., Ltd (‘‘Qingdao Barry’’),3 in accordance with 1 Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for a new shipper review initiated in the month immediately following the anniversary month is the twelve-month period immediately preceding the anniversary month. However, this review is being initiated in accordance with an order entered by the US. Court of International Trade (‘‘CIT’’) on October 14, 2015. In that order, the CIT authorized the Department to initiate and conduct this new shipper review based upon Qingdao Barry’s December 19, 2014 review request. Accordingly, we have used that submission to determine the POR. See 19 CFR 351.214(d)(1) (providing for initiation of new shipper reviews in the calendar month following the anniversary month if the request is made in the 6-month period ending in the anniversary month); 19 CFR 351.214(g)(1)(i)(A) (setting the POR for new shipper reviews initiated in the month following the anniversary month). 2 See Multilayered Wood Flooring from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 76 FR 76690 (December 8, 2011) (‘‘Order’’), as amended Multilayered Wood Flooring from the People’s Republic of China: Amended Antidumping and Countervailing Duty Orders, 77 FR 5484 (February 3, 2012). 3 See Letter from Qingdao Barry to the Secretary of Commerce ‘‘Multilayered Wood Flooring from China: Request for New Shipper Review,’’ dated December 19, 2014 (‘‘Initiation Request’’). VerDate Sep<11>2014 18:53 Oct 23, 2015 Jkt 238001 section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.214(c). In its submission, Qingdao Barry certified that it is both the producer and exporter of the subject merchandise upon which its respective review request was based.4 Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Qingdao Barry certified that it did not export multilayered wood flooring to the United States during the period of investigation (‘‘POI’’).5 In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Qingdao Barry certified that, since the initiation of the investigation, it has never been affiliated with any producer or exporter that exported multilayered wood flooring to the United States during the POI, including those not individually examined during the investigation.6 As required by 19 CFR 351.214(b)(2)(iii)(B), Qingdao Barry also certified that its export activities are not controlled by the central government of the PRC.7 In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Qingdao Barry submitted documentation establishing the following: (1) The date on which it first shipped multilayered wood flooring for export to the United States and the date on which the multilayered wood flooring was first entered, or withdrawn from warehouse, for consumption; (2) the volume of its first shipment and a statement that it made no subsequent shipments; and (3) the date of its first sale to an unaffiliated customer in the United States.8 The Department conducted U.S. Customs and Border Protection (‘‘CBP’’) database queries and confirmed that Qingdao Barry’s shipment of subject merchandise had entered the United States for consumption and that liquidation of such entries had been properly suspended for antidumping duties. The Department also confirmed by examining CBP data that Qingdao Barry’s entries were made during the POR specified by the Department’s regulations.9 4 See Initiation Request at Attachment 1. 5 Id. 6 Id. 7 Id. 8 Id. at Attachment 2. Memorandum from Wendy Frankel, Director, Customs Liaison Unit, Enforcement and Compliance, To Abdelali Elouaradia, Director, AD/ CVD Operations, Office IV, Enforcement and Compliance, Regarding ‘‘Confirmation of Entry— Multilayered Wood Flooring, From the People’s Republic of China (A–570–970),’’ dated August 4, 2015 (‘‘Customs Data’’); see also Memorandum to the File entitled, ‘‘Initiation of Antidumping New Shipper Review of Multilayered Wood Flooring 9 See PO 00000 Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), and after reviewing the information on the record, the Department finds that the request submitted by Qingdao Barry meets the threshold requirements for initiation of a new shipper review for the shipments of multilayered wood flooring from the PRC produced and exported by Qingdao Barry.10 However, if the information supplied by Qingdao Barry is later found to be incorrect or insufficient during the course of this proceeding, the Department may rescind the review or apply adverse facts available pursuant to section 776 of the Act, depending upon the facts on the record. The Department intends to issue the preliminary results of this new shipper review no later than 180 days from the date of initiation, and the final results no later than 90 days from the issuance of the preliminary results.11 It is the Department’s usual practice, in cases involving non-market economies, to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, the Department will issue a questionnaire to Qingdao Barry which will include a section requesting information with regard to the company’s export activities for separate rates purposes. The review of the exporter will proceed if the response provides sufficient indication that it is not subject to either de jure or de facto government control with respect to its export of subject merchandise. The Department will instruct CBP to allow, until the completion of the review, at the option of the importer, the posting of a bond or security in lieu of a cash deposit for each entry of the subject merchandise from Qingdao Barry, in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Qingdao Barry certified that it produced and exported the subject merchandise, the Department will apply the bonding Frm 00006 Fmt 4703 Sfmt 4703 from the People’s Republic of China: Qingdao Barry Flooring Co., Ltd. Initiation Checklist’’ (‘‘Initiation Checklist’’) dated concurrently with this notice. 10 See Initiation Checklist. 11 See section 751(a)(2)(B)(iv) of the Act. Due to the unique circumstances of this new shipper review, the Department’s ability to grant extension requests will be limited. See Memorandum from Robert Bolling, Program Manager, AD/CVD Operations, Office IV, Enforcement and Compliance, To The File, Regarding ‘‘Deadline Extensions—Multilayered Wood Flooring, From the People’s Republic of China, dated concurrently with this notice. E:\FR\FM\26OCN1.SGM 26OCN1 Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Notices privilege only for subject merchandise that the respondent both produced and exported. To assist in its analysis of the bona fides of Qingdao Barry’s sales, upon initiation of this NSR, the Department will require Qingdao Barry to submit on an ongoing basis complete transaction information concerning any sales of subject merchandise to the United States that were made subsequent to the POR. Interested parties requiring access to proprietary information in this new shipper review should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 19 CFR 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i). Dated: October 20, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–27156 Filed 10–23–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. AGENCY: The New England Fishery Management Council (Council) is scheduling a public meeting of its Groundfish Advisory Panel to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. DATES: This meeting will be held on Thursday, November 12, 2015 at 9:30 a.m. SUMMARY: The meeting will be held at the Holiday Inn by the Bay, 88 Spring Street, Portland, ME 04101; phone: (207) 775–2311; fax: (207) 772–4017. Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465–0492. SUPPLEMENTARY INFORMATION: asabaliauskas on DSK5VPTVN1PROD with NOTICES VerDate Sep<11>2014 18:53 Oct 23, 2015 Jkt 238001 The items of discussion on the agenda are: The panel will receive an overview from the Groundfish Plan Development Team (PDT) on draft alternatives in Framework Adjustment 55 (FW 55) specifications, changes to the groundfish monitoring program, other management measures and draft impacts analysis. They also plan to develop recommendations to the Groundfish Committee regarding alternatives in FW 55. The panel will also develop recommendations to the Groundfish Committee for 2016 Council priorities. They will also discuss other business as necessary. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during these meetings. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the MagnusonStevens Act, provided the public has been notified of the Council’s intent to take final action to address the emergency. This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at (978) 465–0492, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. Dated: October 21, 2015. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015–27134 Filed 10–23–15; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XE233 Takes of Marine Mammals Incidental to Specified Activities; St. George Reef Light Station Restoration and Maintenance at Northwest Seal Rock, Del Norte County, California National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: PO 00000 Frm 00007 Notice; proposed incidental harassment authorization; request for comments. ACTION: Special Accommodations New England Fishery Management Council; Public Meeting ADDRESSES: Agenda 65201 Fmt 4703 Sfmt 4703 NMFS has received an application from the St. George Reef Lighthouse Preservation Society (Society), for an Incidental Harassment Authorization (Authorization) to take marine mammals, by harassment incidental to conducting aircraft operations, lighthouse renovation, and light maintenance activities on the St. George Reef Light Station on Northwest Seal Rock in the northeast Pacific Ocean. The proposed dates for this action would be late November 2015 through November 2016. Per the Marine Mammal Protection Act, we are requesting comments on our proposal to issue an Authorization to the Society to incidentally take, by Level B harassment only, marine mammals during the specified activity. DATES: NMFS must receive comments and information on or before November 25, 2015. ADDRESSES: Address comments on the application to Jolie Harrison, Division Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. The mailbox address for providing email comments is ITP.Cody@ noaa.gov. Please include 0648–XE233 in the subject line. Comments sent via email to ITP.Cody@noaa.gov, including all attachments, must not exceed a 25megabyte file size. NMFS is not responsible for email comments sent to addresses other than the one provided here. Instructions: All submitted comments are a part of the public record and NMFS will post them to http:// www.nmfs.noaa.gov/pr/permits/ incidental/research.htm without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. To obtain an electronic copy of the application containing a list of the references used in this document, write to the previously mentioned address, telephone the contact listed here (see FOR FURTHER INFORMATION CONTACT), or visit the internet at: http:// www.nmfs.noaa.gov/pr/permits/ incidental/construction.htm. The Environmental Assessment (EA) specific to conducting aircraft operations, restoration, and maintenance work on the light station is also available at the same internet SUMMARY: E:\FR\FM\26OCN1.SGM 26OCN1

Agencies

[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Notices]
[Pages 65200-65201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27156]



[[Page 65200]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Multilayered Wood Flooring From the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Review; 2013-2014

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

SUMMARY: The Department of Commerce (``Department'') is initiating a 
new shipper review of the antidumping duty order on multilayered wood 
flooring from the People's Republic of China (``PRC''). The period of 
review (``POR'') for the new shipper review is December 1, 2013, 
through November 30, 2014.\1\
---------------------------------------------------------------------------

    \1\ Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for a new 
shipper review initiated in the month immediately following the 
anniversary month is the twelve-month period immediately preceding 
the anniversary month. However, this review is being initiated in 
accordance with an order entered by the US. Court of International 
Trade (``CIT'') on October 14, 2015. In that order, the CIT 
authorized the Department to initiate and conduct this new shipper 
review based upon Qingdao Barry's December 19, 2014 review request. 
Accordingly, we have used that submission to determine the POR. See 
19 CFR 351.214(d)(1) (providing for initiation of new shipper 
reviews in the calendar month following the anniversary month if the 
request is made in the 6-month period ending in the anniversary 
month); 19 CFR 351.214(g)(1)(i)(A) (setting the POR for new shipper 
reviews initiated in the month following the anniversary month).

---------------------------------------------------------------------------
DATES: Effective Date: October 26, 2015.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Robert Bolling, AD/CVD 
Operations, Office 4, 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: 

Background

    The Department published the antidumping duty order on multilayered 
wood flooring from the PRC on December 8, 2011.\2\ On December 19, 
2014, the Department received a timely new shipper review request from 
Qingdao Barry Flooring Co., Ltd (``Qingdao Barry''),\3\ in accordance 
with section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended 
(``the Act''), and 19 CFR 351.214(c).
---------------------------------------------------------------------------

    \2\ See Multilayered Wood Flooring from the People's Republic of 
China: Amended Final Determination of Sales at Less Than Fair Value 
and Antidumping Duty Order, 76 FR 76690 (December 8, 2011) 
(``Order''), as amended Multilayered Wood Flooring from the People's 
Republic of China: Amended Antidumping and Countervailing Duty 
Orders, 77 FR 5484 (February 3, 2012).
    \3\ See Letter from Qingdao Barry to the Secretary of Commerce 
``Multilayered Wood Flooring from China: Request for New Shipper 
Review,'' dated December 19, 2014 (``Initiation Request'').
---------------------------------------------------------------------------

    In its submission, Qingdao Barry certified that it is both the 
producer and exporter of the subject merchandise upon which its 
respective review request was based.\4\ Pursuant to section 
751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Qingdao 
Barry certified that it did not export multilayered wood flooring to 
the United States during the period of investigation (``POI'').\5\ In 
addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 
351.214(b)(2)(iii)(A), Qingdao Barry certified that, since the 
initiation of the investigation, it has never been affiliated with any 
producer or exporter that exported multilayered wood flooring to the 
United States during the POI, including those not individually examined 
during the investigation.\6\ As required by 19 CFR 
351.214(b)(2)(iii)(B), Qingdao Barry also certified that its export 
activities are not controlled by the central government of the PRC.\7\
---------------------------------------------------------------------------

    \4\ See Initiation Request at Attachment 1.
    \5\ Id.
    \6\ Id.
    \7\ Id.
---------------------------------------------------------------------------

    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Qingdao Barry submitted documentation 
establishing the following: (1) The date on which it first shipped 
multilayered wood flooring for export to the United States and the date 
on which the multilayered wood flooring was first entered, or withdrawn 
from warehouse, for consumption; (2) the volume of its first shipment 
and a statement that it made no subsequent shipments; and (3) the date 
of its first sale to an unaffiliated customer in the United States.\8\
---------------------------------------------------------------------------

    \8\ Id. at Attachment 2.
---------------------------------------------------------------------------

    The Department conducted U.S. Customs and Border Protection 
(``CBP'') database queries and confirmed that Qingdao Barry's shipment 
of subject merchandise had entered the United States for consumption 
and that liquidation of such entries had been properly suspended for 
antidumping duties. The Department also confirmed by examining CBP data 
that Qingdao Barry's entries were made during the POR specified by the 
Department's regulations.\9\
---------------------------------------------------------------------------

    \9\ See Memorandum from Wendy Frankel, Director, Customs Liaison 
Unit, Enforcement and Compliance, To Abdelali Elouaradia, Director, 
AD/CVD Operations, Office IV, Enforcement and Compliance, Regarding 
``Confirmation of Entry--Multilayered Wood Flooring, From the 
People's Republic of China (A-570-970),'' dated August 4, 2015 
(``Customs Data''); see also Memorandum to the File entitled, 
``Initiation of Antidumping New Shipper Review of Multilayered Wood 
Flooring from the People's Republic of China: Qingdao Barry Flooring 
Co., Ltd. Initiation Checklist'' (``Initiation Checklist'') dated 
concurrently with this notice.
---------------------------------------------------------------------------

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), 
and after reviewing the information on the record, the Department finds 
that the request submitted by Qingdao Barry meets the threshold 
requirements for initiation of a new shipper review for the shipments 
of multilayered wood flooring from the PRC produced and exported by 
Qingdao Barry.\10\ However, if the information supplied by Qingdao 
Barry is later found to be incorrect or insufficient during the course 
of this proceeding, the Department may rescind the review or apply 
adverse facts available pursuant to section 776 of the Act, depending 
upon the facts on the record. The Department intends to issue the 
preliminary results of this new shipper review no later than 180 days 
from the date of initiation, and the final results no later than 90 
days from the issuance of the preliminary results.\11\
---------------------------------------------------------------------------

    \10\ See Initiation Checklist.
    \11\ See section 751(a)(2)(B)(iv) of the Act. Due to the unique 
circumstances of this new shipper review, the Department's ability 
to grant extension requests will be limited. See Memorandum from 
Robert Bolling, Program Manager, AD/CVD Operations, Office IV, 
Enforcement and Compliance, To The File, Regarding ``Deadline 
Extensions--Multilayered Wood Flooring, From the People's Republic 
of China, dated concurrently with this notice.
---------------------------------------------------------------------------

    It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish 
eligibility for an antidumping duty rate separate from the country-wide 
rate provide evidence of de jure and de facto absence of government 
control over the company's export activities. Accordingly, the 
Department will issue a questionnaire to Qingdao Barry which will 
include a section requesting information with regard to the company's 
export activities for separate rates purposes. The review of the 
exporter will proceed if the response provides sufficient indication 
that it is not subject to either de jure or de facto government control 
with respect to its export of subject merchandise.
    The Department will instruct CBP to allow, until the completion of 
the review, at the option of the importer, the posting of a bond or 
security in lieu of a cash deposit for each entry of the subject 
merchandise from Qingdao Barry, in accordance with section 
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Qingdao 
Barry certified that it produced and exported the subject merchandise, 
the Department will apply the bonding

[[Page 65201]]

privilege only for subject merchandise that the respondent both 
produced and exported. To assist in its analysis of the bona fides of 
Qingdao Barry's sales, upon initiation of this NSR, the Department will 
require Qingdao Barry to submit on an ongoing basis complete 
transaction information concerning any sales of subject merchandise to 
the United States that were made subsequent to the POR.
    Interested parties requiring access to proprietary information in 
this new shipper review should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
19 CFR 351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).

    Dated: October 20, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2015-27156 Filed 10-23-15; 8:45 am]
 BILLING CODE 3510-DS-P