Multilayered Wood Flooring From the People's Republic of China: Rescission of Antidumping Duty New Shipper Review; 2013-2014, 46906-46907 [2016-17050]

Download as PDF 46906 Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Notices Administrative Protective Order DEPARTMENT OF COMMERCE This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. International Trade Administration Dated: July 12, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Period of Review III. Scope of the Order IV. Subsidies Valuation Information V. Benchmarks and Discount Rates VI. Use of Facts Otherwise Available and Adverse Inferences VII. Analysis of Programs VIII. Final Results of Review IX. Analysis of Comments Comment 1: Usage of Export Buyer’s Credit Program Comment 2: Selection of AFA Rate for Export Buyer’s Credit Program Comment 3: Specificity of Aluminum Extrusion for LTAR Program Comment 4: Polysilicon Market Distortions Comment 5: Polysilicon Benchmark Comment 6: Solar Glass Benchmark Comment 7: Ocean Freight Benchmark Comment 8: Inclusion of VAT in LTAR Benchmarks Comment 9: Electricity Benchmarks Comment 10: Electricity Benefit Calculation Comment 11: Application of Uncreditworthy Discount Rates to Variable Loans Comment 12: Application of Uncreditworthy Discount Rates to Imported Equipment Purchases Comment 13: Minor Corrections X. Recommendation mstockstill on DSK3G9T082PROD with NOTICES [FR Doc. 2016–17064 Filed 7–18–16; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 19:39 Jul 18, 2016 Jkt 238001 [A–570–970] Multilayered Wood Flooring From the People’s Republic of China: Rescission of Antidumping Duty New Shipper Review; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) published its Preliminary Rescission for the new shipper review (‘‘NSR’’) of the antidumping duty order on multilayered wood flooring from the People’s Republic of China (‘‘PRC’’) on June 2, 2016.1 The period of review (‘‘POR’’) is December 1, 2013 through November 30, 2014. As discussed below, we preliminarily found that the sale made by Qingdao Barry Flooring Co., Ltd. (‘‘Qingdao Barry’’) is not bona fide, and announced our preliminary intent to rescind its NSR. For the final results of this review, we continue to find Qingdao Barry’s sale to be non-bona fide. Therefore, we are rescinding this NSR. DATES: Effective Date: July 19, 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 For a complete description of the events that followed the publication of the Preliminary Rescission, see the Issues and Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is on file 1 See Multilayered Wood Flooring From the People’s Republic of China: Preliminary Rescission of 2013–2014 Antidumping Duty New Shipper Review, 81 FR 35306 (June 2, 2016) (‘‘Preliminary Rescission’’); see also 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 May 24, 2016 (‘‘Prelim Bona Fide Memo’’). 2 See Memorandum from Christian Marsh, Deputy Assistant Secretary, Antidumping and Countervailing Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, entitled ‘‘Multilayered Wood Flooring From the People’s Republic of China: Issues and Decision Memorandum for the Final Rescission of the 2013–2014 New Shipper Review’’ issued concurrently with and hereby adopted by this notice (‘‘Issues and Decision Memorandum’’). PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 electronically via Enforcement and Compliance’s AD and Countervailing Duty (‘‘CVD’’) 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 Issues and Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. 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 3 in combination with a core.4 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; 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; 3 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. 4 For a complete description of the scope of the order, see the Issues and Decision Memorandum. E:\FR\FM\19JYN1.SGM 19JYN1 Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Notices 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. Analysis of Comments Received All issues raised in the case briefs by parties are addressed in the Issues and Decision Memorandum.5 A list of the issues which parties raised is attached to this notice as an Appendix. Bona Fide Analysis For the Preliminary Rescission, the Department analyzed the bona fides of Qingdao Barry’s single sale and preliminarily found it was not a bona fide sale.6 Based on the Department’s complete analysis of all of the information and comments on the record of this review, the Department continues to find Qingdao Barry’s sale is not a bona fide sale, and it thus not reviewable pursuant to section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (‘‘the Act’’). The Department reached this conclusion based on its consideration of the totality of circumstances, including: (a) The atypical nature of the sale price; (b) Qingdao Barry’s failure to demonstrate that its first unaffiliated customer resold the merchandise at a profit; (c) the nature of the relationship between Qingdao Barry and its U.S. customer; and (d) unusual circumstances concerning payment.7 For a complete discussion, see the Prelim Bona Fide Memo and the Issues and Decision Memorandum. mstockstill on DSK3G9T082PROD with NOTICES Rescission of New Shipper Review For the foregoing reasons, the Department continues to find that Qingdao Barry’s sale is not a bona fide sale and that this sale does not provide a reasonable or reliable basis for calculating a dumping margin. Because this sale was Qingdao Barry’s only sale of subject merchandise during the POR, the Department is rescinding this NSR. Assessment As the Department is rescinding this NSR, we have not calculated a 5 Id. 6 See 7 See Prelim Bona Fide Memo. Issues and Decision Memorandum. VerDate Sep<11>2014 19:39 Jul 18, 2016 Jkt 238001 company-specific dumping margin for Qingdao Barry. Qingdao Barry remains part of the PRC-wide entity and, accordingly, its entry will be assessed at the PRC-wide rate. Cash Deposit Requirements Effective upon publication of this notice of final rescission of the NSR of Qingdao Barry, the Department will instruct U.S. Customs and Border Protection to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise from Qingdao Barry. Because we did not calculate a dumping margin for Qingdao Barry or otherwise find that Qingdao Barry is eligible for a separate rate in this review, Qingdao Barry continues to be part of the PRCwide entity. The cash deposit rate for the PRC-wide entity is 25.62 percent. These cash deposit requirements shall remain in effect until further notice. Administrative Protective Order This notice also serves as a reminder to parties subject to Administrative Protective Order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in these segments of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing this notice in accordance with sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.214. Dated: July 12, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix—Issues and Decision Memorandum Summary Background Scope of the Order Discussion of the Issues Comment 1: Whether the Department Used The Correct Time Period for Data Comparison Purposes Comment 2: Whether the Department Properly Evaluated the Price Differential Comment 3: Whether the Department Properly Considered Whether the Sale was Resold at a Profit and the ArmsLength Nature of the Sale Comment 4: Whether the Department Properly Analyzed Other Factors in Its Bona Fide Analysis PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 46907 Recommendation [FR Doc. 2016–17050 Filed 7–18–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Telecommunications and Information Administration [Docket Number: 160706588–6588–01] RIN 0660–XC027 State Alternative Plan Program (SAPP) and the First Responder Network Authority Nationwide Public Safety Broadband Network National Telecommunications and Information Administration, U.S. Department of Commerce. ACTION: Notice and request for comments. AGENCY: The National Telecommunications and Information Administration (NTIA) publishes this Notice to provide preliminary guidance concerning how a qualified state may apply to NTIA for authority to enter into a spectrum capacity lease with the First Responder Network Authority (FirstNet) and receive a grant to construct its radio access network (RAN) should it opt to do so as allowed under the Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112–96, Title VI, 126 Stat. 256 (codified at 47 U.S.C. 1401 et seq.) (Act). NTIA also seeks public comment on this preliminary guidance through this Notice. DATES: Submit written comments on or before August 18, 2016. ADDRESSES: The public may submit written comments on issues addressed in this Notice. Written comments may be submitted electronically via email to: sapp-comments@ntia.doc.gov or by mail to: Office of Public Safety Communications, National Telecommunications and Information Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Room 4078, Washington, DC 20230. Comments submitted by email should be machine-readable and should not be copy-protected. Commenters should include the name of the person or organization filing the comment, as well as a page number on each page of their submissions. Paper submissions should also include a CD or DVD with an electronic version of the document, which should be labeled with the name and organization of the filer. All comments received are a part of the public record and will generally be posted to the NTIA Web site (http:// www.ntia.doc.gov) without change. All SUMMARY: E:\FR\FM\19JYN1.SGM 19JYN1

Agencies

[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)]
[Notices]
[Pages 46906-46907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17050]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


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

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

SUMMARY: The Department of Commerce (``Department'') published its 
Preliminary Rescission for the new shipper review (``NSR'') of the 
antidumping duty order on multilayered wood flooring from the People's 
Republic of China (``PRC'') on June 2, 2016.\1\ The period of review 
(``POR'') is December 1, 2013 through November 30, 2014. As discussed 
below, we preliminarily found that the sale made by Qingdao Barry 
Flooring Co., Ltd. (``Qingdao Barry'') is not bona fide, and announced 
our preliminary intent to rescind its NSR. For the final results of 
this review, we continue to find Qingdao Barry's sale to be non-bona 
fide. Therefore, we are rescinding this NSR.
---------------------------------------------------------------------------

    \1\ See Multilayered Wood Flooring From the People's Republic of 
China: Preliminary Rescission of 2013-2014 Antidumping Duty New 
Shipper Review, 81 FR 35306 (June 2, 2016) (``Preliminary 
Rescission''); see also 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 May 24, 2016 (``Prelim Bona Fide Memo'').

---------------------------------------------------------------------------
DATES: Effective Date: July 19, 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

    For a complete description of the events that followed the 
publication of the Preliminary Rescission, see the Issues and Decision 
Memorandum.\2\ The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's AD and 
Countervailing Duty (``CVD'') 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 Issues and Decision Memorandum can be accessed directly at 
http://enforcement.trade.gov/frn/index.html. The signed Issues and 
Decision Memorandum and the electronic version of the Issues and 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary, Antidumping and Countervailing Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, entitled ``Multilayered Wood Flooring From the People's 
Republic of China: Issues and Decision Memorandum for the Final 
Rescission of the 2013-2014 New Shipper Review'' issued concurrently 
with and hereby adopted by this notice (``Issues and Decision 
Memorandum'').
---------------------------------------------------------------------------

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 \3\ in combination with a core.\4\ 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; 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;

[[Page 46907]]

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.
---------------------------------------------------------------------------

    \3\ 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.
    \4\ For a complete description of the scope of the order, see 
the Issues and Decision Memorandum.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case briefs by parties are addressed in 
the Issues and Decision Memorandum.\5\ A list of the issues which 
parties raised is attached to this notice as an Appendix.
---------------------------------------------------------------------------

    \5\ Id.
---------------------------------------------------------------------------

Bona Fide Analysis

    For the Preliminary Rescission, the Department analyzed the bona 
fides of Qingdao Barry's single sale and preliminarily found it was not 
a bona fide sale.\6\ Based on the Department's complete analysis of all 
of the information and comments on the record of this review, the 
Department continues to find Qingdao Barry's sale is not a bona fide 
sale, and it thus not reviewable pursuant to section 751(a)(2)(B)(iv) 
of the Tariff Act of 1930, as amended (``the Act''). The Department 
reached this conclusion based on its consideration of the totality of 
circumstances, including: (a) The atypical nature of the sale price; 
(b) Qingdao Barry's failure to demonstrate that its first unaffiliated 
customer resold the merchandise at a profit; (c) the nature of the 
relationship between Qingdao Barry and its U.S. customer; and (d) 
unusual circumstances concerning payment.\7\ For a complete discussion, 
see the Prelim Bona Fide Memo and the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See Prelim Bona Fide Memo.
    \7\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

Rescission of New Shipper Review

    For the foregoing reasons, the Department continues to find that 
Qingdao Barry's sale is not a bona fide sale and that this sale does 
not provide a reasonable or reliable basis for calculating a dumping 
margin. Because this sale was Qingdao Barry's only sale of subject 
merchandise during the POR, the Department is rescinding this NSR.

Assessment

    As the Department is rescinding this NSR, we have not calculated a 
company-specific dumping margin for Qingdao Barry. Qingdao Barry 
remains part of the PRC-wide entity and, accordingly, its entry will be 
assessed at the PRC-wide rate.

Cash Deposit Requirements

    Effective upon publication of this notice of final rescission of 
the NSR of Qingdao Barry, the Department will instruct U.S. Customs and 
Border Protection to discontinue the option of posting a bond or 
security in lieu of a cash deposit for entries of subject merchandise 
from Qingdao Barry. Because we did not calculate a dumping margin for 
Qingdao Barry or otherwise find that Qingdao Barry is eligible for a 
separate rate in this review, Qingdao Barry continues to be part of the 
PRC-wide entity. The cash deposit rate for the PRC-wide entity is 25.62 
percent. These cash deposit requirements shall remain in effect until 
further notice.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
Administrative Protective Order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in these segments of the 
proceeding. Timely written notification of the return or destruction of 
APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, 
and 19 CFR 351.214.

    Dated: July 12, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
    Comment 1: Whether the Department Used The Correct Time Period 
for Data Comparison Purposes
    Comment 2: Whether the Department Properly Evaluated the Price 
Differential
    Comment 3: Whether the Department Properly Considered Whether 
the Sale was Resold at a Profit and the Arms-Length Nature of the 
Sale
    Comment 4: Whether the Department Properly Analyzed Other 
Factors in Its Bona Fide Analysis
Recommendation

[FR Doc. 2016-17050 Filed 7-18-16; 8:45 am]
 BILLING CODE 3510-DS-P