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