Multilayered Wood Flooring From the People's Republic of China: Preliminary Rescission of 2013-2014 Antidumping Duty New Shipper Review, 35306-35308 [2016-12951]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES 35306 Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices Subject merchandise also includes corrosion-resistant steel that has been further processed in a third country, including but not limited to annealing, tempering painting, varnishing, trimming, cutting, punching and/ or slitting or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the in-scope corrosion resistant steel. All products that meet the written physical description, and in which the chemistry quantities do not exceed any one of the noted element levels listed above, are within the scope of this investigation unless specifically excluded. The following products are outside of and/or specifically excluded from the scope of this investigation: • Flat-rolled steel products either plated or coated with tin, lead, chromium, chromium oxides, both tin and lead (‘‘terne plate’’), or both chromium and chromium oxides (‘‘tin free steel’’), whether or not painted, varnished or coated with plastics or other non-metallic substances in addition to the metallic coating; • Clad products in straight lengths of 4.7625 mm or more in composite thickness and of a width which exceeds 150 mm and measures at least twice the thickness; and • Certain clad stainless flat-rolled products, which are three-layered corrosionresistant flat-rolled steel products less than 4.75 mm in composite thickness that consist of a flat-rolled steel product clad on both sides with stainless steel in a 20%–60%– 20% ratio. The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) under item numbers: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 7210.49.0091, 7210.49.0095, 7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.6000, 7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000, and 7212.60.0000. The products subject to the investigation may also enter under the following HTSUS item numbers: 7210.90.1000, 7215.90.1000, 7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.91.0000, 7225.92.0000, 7225.99.0090, 7226.99.0110, 7226.99.0130, 7226.99.0180, 7228.60.6000, 7228.60.8000, and 7229.90.1000. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. [FR Doc. 2016–12979 Filed 6–1–16; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 18:30 Jun 01, 2016 Jkt 238001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–970] Multilayered Wood Flooring From the People’s Republic of China: Preliminary Rescission of 2013–2014 Antidumping Duty New Shipper Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is conducting a new shipper review (‘‘NSR’’) of the antidumping duty order on multilayered wood flooring (‘‘MLWF’’) from the People’s Republic of China (‘‘PRC’’). The NSR covers one exporter and producer of subject merchandise, Qingdao Barry Flooring Co., Ltd (‘‘Qingdao Barry’’). The period of review (‘‘POR’’) is December 1, 2013 through November 30, 2014. The Department preliminarily determines that Qingdao Barry’s sale to the United States is not bona fide, as required by section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (‘‘the Act’’).1 Therefore, we are preliminarily rescinding this NSR. Interested parties are invited to comment on the preliminary results of this review. DATES: Effective June 2, 2016. FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5831. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 26, 2015, the Department published a notice of initiation of a new shipper review of the antidumping duty order on MLWF from the PRC.2 The Department subsequently issued an antidumping duty questionnaire, and supplemental questionnaires, to Qingdao Barry and received timely 1 On February 24, 2016, the President of the United States signed into law the Trade Facilitation and Trade Enforcement Act of 2015, Public Law 114–125 (Feb. 24, 2016), which made amendments to section 751(a)(2)(B) of the Act. These amendments apply to this determination. 2 See Multilayered Wood Flooring From the People’s Republic of China: Initiation of Antidumping Duty New Shipper Review, 80 FR 65200 (October 26, 2015) (‘‘Initiation Notice’’). In that notice, we explained that the review was being initiated in accordance with an order entered by the U.S. Court of International Trade, wherein the Court authorized the Department to initiate and conduct this new shipper review based on Qingdao Barry’s December 19, 2014, review request. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 responses thereto. Also, Qingdao Barry submitted comments on surrogate country and surrogate value selection.3 No other party submitted comments. The Department extended the deadline for issuing the preliminary results of this review until May 20, 2016.4 Scope of the Order The merchandise covered by the order is multilayered wood flooring, which is composed of an assembly of two or more layers or plies of wood veneers 5 in combination with a core.6 Merchandise covered by this review is classifiable under subheadings 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; 4412.31.4075; 4412.31.4080; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540; 4412.32.0560; 4412.32.0565; 4412.32.0570; 4412.32.2510; 4412.32.2520; 4412.32.2525; 4412.32.2530; 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; 3 See ‘‘Multilayered Wood Flooring from the People’s Republic of China: Submission of Comparable Surrogate Country Comments,’’ dated February 16, 2016; see also ‘‘Multilayered Wood Flooring from the People’s Republic of China: Submission of Surrogate Value Information,’’ dated February 23, 2016. 4 See the memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from Maisha Cryor, Office IV, Antidumping and Countervailing Duty Operations, entitled, ‘‘Multilayered Wood Flooring from the People’s Republic of China: Extension of Deadline for Preliminary Results of Antidumping Duty New Shipper Review’’ dated April 14, 2016. 5 A ‘‘veneer’’ is a thin slice of wood, rotary cut, sliced or sawed from a log, bolt or flitch. Veneer is referred to as a ply when assembled. 6 For a complete description of the scope of the order, see Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, entitled ‘‘Preliminary Rescission of the 2013–2014 Antidumping Duty New Shipper Review: Multilayered Wood Flooring from the People’s Republic of China’’ issued concurrently with and hereby adopted by this notice (‘‘Preliminary Decision Memorandum’’). E:\FR\FM\02JNN1.SGM 02JNN1 Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices 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; 4412.99.5105; 4412.99.5115; 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 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the order is dispositive. asabaliauskas on DSK3SPTVN1PROD with NOTICES Methodology The Department is conducting this review in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214. For a full description of the methodology underlying our conclusions, see 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 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 Preliminary Decision Memorandum can be accessed directly on the internet at http://www.trade.gov/ enforcement/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Rescission of the Antidumping New Shipper Review of Qingdao Barry As discussed in the Bona Fide Sales Analysis Memorandum,7 the Department preliminarily finds that the sale made by Qingdao Barry to the 7 See Memorandum from Maisha Cryor, Office IV AD/CVD Operations, to Abdelali Elouaradia, Director, Enforcement and Compliance, Office IV entitled ‘‘Antidumping Duty New Shipper Review of Multilayered Wood Flooring from the People’s Republic of China: Preliminary Bona Fide Sale Analysis for Qingdao Barry Flooring Co., Ltd., dated concurrently with and hereby adopted by this notice (‘‘Bona Fide Sales Analysis Memorandum’’). VerDate Sep<11>2014 18:30 Jun 01, 2016 Jkt 238001 United States is not a bona fide sale. The Department reached this conclusion based on the totality of circumstances surrounding the reported sale, including, among other things, the price of the sale and Qingdao Barry’s failure to provide evidence that the subject merchandise was resold at a profit. Because the non-bona fide sale was the only reported sale of subject merchandise during the POR, and thus there are no reviewable transactions on this record, we are preliminarily rescinding the instant NSR. Because much of the factual information used in our analysis of Qingdao Barry’s sale involves business proprietary information, a full discussion of the basis for our preliminary determination is set forth in the Bona Fide Sales Analysis Memorandum, which is on the record of this proceeding. Public Comment Interested parties may submit case briefs no later than 14 days after the date of publication of the preliminary results of review.8 Rebuttals to case briefs may be filed no later than five days after the briefs are filed.9 All rebuttal comments must be limited to comments raised in the case briefs.10 Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement & Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice.11 Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. Oral argument presentations will be limited to issues raised in the briefs. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a date and time to be determined.12 Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. All submissions, with limited exceptions, must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety by the Department’s electronic records system, ACCESS, by 5 p.m. Eastern Time (‘‘ET’’) on the due date. Documents excepted from the electronic submission requirements 8 Note that the Department is altering the time limit for the submission of case briefs. See 19 CFR 351.309(c)(1)(ii). 9 See 19 CFR 351.309(d)(1). 10 See 19 CFR 351.309(d)(2). 11 See 19 CFR 351.310(c). 12 See 19 CFR 351.310(d). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 35307 must be filed manually (i.e., in paper form) with the APO/Dockets Unit in Room 18022, and stamped with the date and time of receipt by 5 p.m. ET on the due date.13 The Department intends to issue the final results of this NSR, which will include the results of its analysis of issues raised in any briefs received, no later than 90 days after the date these preliminary results of review are issued pursuant to section 751(a)(2)(B)(iii) of the Act. Assessment Rates If the Department proceeds to a final rescission of Qingdao Barry’s NSR, the assessment rate to which Qingdao Barry’s shipments will be subject will remain unchanged. However, the Department initiated an administrative review of the antidumping duty order on MLWF from the PRC covering numerous exporters, including Qingdao Barry, and the period December 1, 2013 through November 30, 2014, which encompasses the POR of this NSR.14 Thus, if the Department proceeds to a final rescission, we will instruct U.S. Customs and Border Protection (‘‘CBP’’) to continue to suspend entries during the period December 1, 2013, through November 30, 2014 of subject merchandise exported by Qingdao Barry until CBP receives instructions relating to the administrative review of this order covering the period December 1, 2013 through November 30, 2014. If the Department does not proceed to a final rescission of this new shipper review, pursuant to 19 CFR 351.212(b)(1), we will calculate an importer-specific (or customer) assessment rate based on the final results of this review. However, pursuant to the Department’s refinement to its assessment practice in NME cases, for entries that were not reported in the U.S. sales database submitted by Qingdao Barry, the Department will instruct CBP to liquidate such entries at the PRC-wide rate.15 Cash Deposit Requirements Effective upon publication of the final rescission or the final results of this NSR, the Department will instruct CBP to discontinue the option of posting a bond or security in lieu of a cash 13 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). 14 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 6041, 6044–45 (February 4, 2015). 15 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). E:\FR\FM\02JNN1.SGM 02JNN1 35308 Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices deposit for entries of subject merchandise by Qingdao Barry. If the Department proceeds to a final rescission of this new shipper review, the cash deposit rate will continue to be the PRC-wide rate for Qingdao Barry because the Department will not have determined an individual margin of dumping for Qingdao Barry. If the Department issues final results for this new shipper review, the Department will instruct CBP to collect cash deposits, effective upon the publication of the final results, at the rates established therein. 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 this review period. 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. We are issuing and publishing these results in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act. Dated: May 24, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Preliminary Decision Memorandum 1. Scope 2. Bona Fide Sales Analysis [FR Doc. 2016–12951 Filed 6–1–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–027] asabaliauskas on DSK3SPTVN1PROD with NOTICES Countervailing Duty Investigation of Certain Corrosion-Resistant Steel Products From the People’s Republic of China: Final Affirmative Determination, and Final Affirmative Critical Circumstances Determination, in Part Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of certain corrosion-resistant steel products (corrosion-resistant steel) from AGENCY: VerDate Sep<11>2014 18:30 Jun 01, 2016 Jkt 238001 the People’s Republic of China (the PRC) as provided in section 705 of the Tariff Act of 1930, as amended (the Act). For information on the estimated subsidy rates, see the ‘‘Final Determination’’ section of this notice. The period of investigation is January 1, 2014, through December 31, 2014. DATES: Effective Date: June 2, 2016. FOR FURTHER INFORMATION CONTACT: Emily Halle or David Lindgren, 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) 482–0176 or (202) 482– 3870, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the Preliminary Determination on November 6, 2015.1 A summary of the events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Final Decision Memorandum.2 The Final 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 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 Final Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed Final Decision Memorandum and the electronic version are identical in content. Period of Investigation The period of investigation for which we are measuring subsidies is January 1, 2014, through December 31, 2014. Scope Comments In accordance with the Preliminary Scope Determination,3 the Department 1 See Countervailing Duty Investigation of Certain Corrosion-Resistant Steel Products from the People’s Republic of China: Preliminary Affirmative Determination, 80 FR 68843 (November 6, 2015) (Preliminary Determination). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Certain Corrosion-Resistant Steel Products from the People’s Republic of China,’’ (Final Decision Memorandum), dated concurrently with this determination and hereby adopted by this notice. 3 See Memorandum to Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 set aside a period of time for parties to address scope issues in case briefs or other written comments on scope issues. For a summary of the product coverage comments and rebuttal responses submitted to the record of this final determination, and accompanying discussion and analysis of all comments timely received, see the Final Scope Decision Memorandum.4 The Final Scope Decision Memorandum is incorporated by, and hereby adopted by, this notice. Scope of the Investigation The product covered by this investigation is corrosion-resistant steel from the PRC. For a complete description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ in Appendix II of this notice. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Final Decision Memorandum. A list of the issues that parties raised, and to which we responded in the Final Decision Memorandum, is attached to this notice at Appendix I. Use of Adverse Facts Available The Department, in making these findings, relied, in part, on facts available and, because one or more respondents failed to cooperate by not acting to the best of their ability, we made adverse inferences.5 For the final determination, we are basing the countervailing duty (CVD) rates for Angang Group Hong Kong Company Ltd. (Angang), Baoshan Iron & Steel Co., Ltd. (Baoshan), Duferco S.A. (Duferco), Changshu Everbright Material Technology (Everbright), and Handan Iron & Steel Group (Handan) on facts otherwise available, pursuant to sections 776(a)(2)(A) and (C) of the Countervailing Duty Operations, ‘‘Certain Corrosion-Resistant Steel Products From the People’s Republic of China, India, Italy, the Republic of Korea, and Taiwan: Scope Comments Decision Memorandum for the Preliminary Determinations,’’ dated December 21, 2015 (Preliminary Scope Decision Memorandum). See also Memorandum to the File, ‘‘Certain CorrosionResistant Steel Products From the People’s Republic of China, India, Italy, the Republic of Korea, and Taiwan: Correction to Preliminary Determination Scope Memorandum,’’ January 29, 2016. 4 See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Scope Comments Decision Memorandum for the Final Determinations,’’ dated concurrently with this notice. 5 See sections 776(a) and (b) of the Act. E:\FR\FM\02JNN1.SGM 02JNN1

Agencies

[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Notices]
[Pages 35306-35308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12951]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


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

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

SUMMARY: The Department of Commerce (``the Department'') is conducting 
a new shipper review (``NSR'') of the antidumping duty order on 
multilayered wood flooring (``MLWF'') from the People's Republic of 
China (``PRC''). The NSR covers one exporter and producer of subject 
merchandise, Qingdao Barry Flooring Co., Ltd (``Qingdao Barry''). The 
period of review (``POR'') is December 1, 2013 through November 30, 
2014. The Department preliminarily determines that Qingdao Barry's sale 
to the United States is not bona fide, as required by section 
751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (``the 
Act'').\1\ Therefore, we are preliminarily rescinding this NSR. 
Interested parties are invited to comment on the preliminary results of 
this review.
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    \1\ On February 24, 2016, the President of the United States 
signed into law the Trade Facilitation and Trade Enforcement Act of 
2015, Public Law 114-125 (Feb. 24, 2016), which made amendments to 
section 751(a)(2)(B) of the Act. These amendments apply to this 
determination.

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DATES: Effective June 2, 2016.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-5831.

SUPPLEMENTARY INFORMATION:

Background

    On October 26, 2015, the Department published a notice of 
initiation of a new shipper review of the antidumping duty order on 
MLWF from the PRC.\2\ The Department subsequently issued an antidumping 
duty questionnaire, and supplemental questionnaires, to Qingdao Barry 
and received timely responses thereto. Also, Qingdao Barry submitted 
comments on surrogate country and surrogate value selection.\3\ No 
other party submitted comments. The Department extended the deadline 
for issuing the preliminary results of this review until May 20, 
2016.\4\
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    \2\ See Multilayered Wood Flooring From the People's Republic of 
China: Initiation of Antidumping Duty New Shipper Review, 80 FR 
65200 (October 26, 2015) (``Initiation Notice''). In that notice, we 
explained that the review was being initiated in accordance with an 
order entered by the U.S. Court of International Trade, wherein the 
Court authorized the Department to initiate and conduct this new 
shipper review based on Qingdao Barry's December 19, 2014, review 
request.
    \3\ See ``Multilayered Wood Flooring from the People's Republic 
of China: Submission of Comparable Surrogate Country Comments,'' 
dated February 16, 2016; see also ``Multilayered Wood Flooring from 
the People's Republic of China: Submission of Surrogate Value 
Information,'' dated February 23, 2016.
    \4\ See the memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Maisha Cryor, Office IV, Antidumping and Countervailing Duty 
Operations, entitled, ``Multilayered Wood Flooring from the People's 
Republic of China: Extension of Deadline for Preliminary Results of 
Antidumping Duty New Shipper Review'' dated April 14, 2016.
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Scope of the Order

    The merchandise covered by the order is multilayered wood flooring, 
which is composed of an assembly of two or more layers or plies of wood 
veneers \5\ in combination with a core.\6\ Merchandise covered by this 
review is classifiable under subheadings 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; 4412.31.4075; 4412.31.4080; 4412.31.5125; 
4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.6000; 4412.31.9100; 
4412.32.0520; 4412.32.0540; 4412.32.0560; 4412.32.0565; 4412.32.0570; 
4412.32.2510; 4412.32.2520; 4412.32.2525; 4412.32.2530; 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;

[[Page 35307]]

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; 
4412.99.5105; 4412.99.5115; 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 of the Harmonized Tariff 
Schedule of the United States (``HTSUS''). Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of the order is dispositive.
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    \5\ A ``veneer'' is a thin slice of wood, rotary cut, sliced or 
sawed from a log, bolt or flitch. Veneer is referred to as a ply 
when assembled.
    \6\ For a complete description of the scope of the order, see 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, entitled 
``Preliminary Rescission of the 2013-2014 Antidumping Duty New 
Shipper Review: Multilayered Wood Flooring from the People's 
Republic of China'' issued concurrently with and hereby adopted by 
this notice (``Preliminary Decision Memorandum'').
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214. For a full description of 
the methodology underlying our conclusions, see 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 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 Preliminary Decision Memorandum can be accessed directly on the 
internet at http://www.trade.gov/enforcement/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Rescission of the Antidumping New Shipper Review of Qingdao 
Barry

    As discussed in the Bona Fide Sales Analysis Memorandum,\7\ the 
Department preliminarily finds that the sale made by Qingdao Barry to 
the United States is not a bona fide sale. The Department reached this 
conclusion based on the totality of circumstances surrounding the 
reported sale, including, among other things, the price of the sale and 
Qingdao Barry's failure to provide evidence that the subject 
merchandise was resold at a profit. Because the non-bona fide sale was 
the only reported sale of subject merchandise during the POR, and thus 
there are no reviewable transactions on this record, we are 
preliminarily rescinding the instant NSR. Because much of the factual 
information used in our analysis of Qingdao Barry's sale involves 
business proprietary information, a full discussion of the basis for 
our preliminary determination is set forth in the Bona Fide Sales 
Analysis Memorandum, which is on the record of this proceeding.
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    \7\ See Memorandum from Maisha Cryor, Office IV AD/CVD 
Operations, to Abdelali Elouaradia, Director, Enforcement and 
Compliance, Office IV entitled ``Antidumping Duty New Shipper Review 
of Multilayered Wood Flooring from the People's Republic of China: 
Preliminary Bona Fide Sale Analysis for Qingdao Barry Flooring Co., 
Ltd., dated concurrently with and hereby adopted by this notice 
(``Bona Fide Sales Analysis Memorandum'').
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Public Comment

    Interested parties may submit case briefs no later than 14 days 
after the date of publication of the preliminary results of review.\8\ 
Rebuttals to case briefs may be filed no later than five days after the 
briefs are filed.\9\ All rebuttal comments must be limited to comments 
raised in the case briefs.\10\
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    \8\ Note that the Department is altering the time limit for the 
submission of case briefs. See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(d)(1).
    \10\ See 19 CFR 351.309(d)(2).
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    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement & 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice.\11\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. Oral argument presentations will be 
limited to issues raised in the briefs. If a request for a hearing is 
made, the Department intends to hold the hearing at the U.S. Department 
of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a date and time to be determined.\12\ Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
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    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5 p.m. Eastern Time (``ET'') on the due 
date. Documents excepted from the electronic submission requirements 
must be filed manually (i.e., in paper form) with the APO/Dockets Unit 
in Room 18022, and stamped with the date and time of receipt by 5 p.m. 
ET on the due date.\13\
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    \13\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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    The Department intends to issue the final results of this NSR, 
which will include the results of its analysis of issues raised in any 
briefs received, no later than 90 days after the date these preliminary 
results of review are issued pursuant to section 751(a)(2)(B)(iii) of 
the Act.

Assessment Rates

    If the Department proceeds to a final rescission of Qingdao Barry's 
NSR, the assessment rate to which Qingdao Barry's shipments will be 
subject will remain unchanged. However, the Department initiated an 
administrative review of the antidumping duty order on MLWF from the 
PRC covering numerous exporters, including Qingdao Barry, and the 
period December 1, 2013 through November 30, 2014, which encompasses 
the POR of this NSR.\14\ Thus, if the Department proceeds to a final 
rescission, we will instruct U.S. Customs and Border Protection 
(``CBP'') to continue to suspend entries during the period December 1, 
2013, through November 30, 2014 of subject merchandise exported by 
Qingdao Barry until CBP receives instructions relating to the 
administrative review of this order covering the period December 1, 
2013 through November 30, 2014.
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    \14\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 6041, 6044-45 (February 4, 2015).
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    If the Department does not proceed to a final rescission of this 
new shipper review, pursuant to 19 CFR 351.212(b)(1), we will calculate 
an importer-specific (or customer) assessment rate based on the final 
results of this review. However, pursuant to the Department's 
refinement to its assessment practice in NME cases, for entries that 
were not reported in the U.S. sales database submitted by Qingdao 
Barry, the Department will instruct CBP to liquidate such entries at 
the PRC-wide rate.\15\
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    \15\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of this NSR, the Department will instruct CBP to discontinue 
the option of posting a bond or security in lieu of a cash

[[Page 35308]]

deposit for entries of subject merchandise by Qingdao Barry. If the 
Department proceeds to a final rescission of this new shipper review, 
the cash deposit rate will continue to be the PRC-wide rate for Qingdao 
Barry because the Department will not have determined an individual 
margin of dumping for Qingdao Barry. If the Department issues final 
results for this new shipper review, the Department will instruct CBP 
to collect cash deposits, effective upon the publication of the final 
results, at the rates established therein.

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 this review period. 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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: May 24, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Scope
2. Bona Fide Sales Analysis

[FR Doc. 2016-12951 Filed 6-1-16; 8:45 am]
 BILLING CODE 3510-DS-P