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 https://
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: https://
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]]
-----------------------------------------------------------------------
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