Multilayered Wood Flooring From the People's Republic of China: Rescission of Antidumping Duty New Shipper Review; 2013-2014, 46906-46907 [2016-17050]
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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 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
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
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.
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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
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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 (https://
www.ntia.doc.gov) without change. All
SUMMARY:
E:\FR\FM\19JYN1.SGM
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]]>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]
-----------------------------------------------------------------------
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 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 Issues and Decision Memorandum can be accessed directly at
https://enforcement.trade.gov/frn/. 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
