Multilayered Wood Flooring From the People's Republic of China: Rescission of Antidumping Duty New Shipper Reviews; 2014-2015, 74393-74395 [2016-25901]
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices
Accordingly, it is hereby ordered:
First, from the date of this Order until
August 14, 2018, Junaid Peerani, with a
last known address of 1331 NW. 115th
Ave., Plantation, FL 33323, and when
acting for or on his behalf, his
successors, assigns, employees, agents
or representatives (the ‘‘Denied
Person’’), may not, directly or indirectly,
participate in any way in any
transaction involving any commodity,
software or technology (hereinafter
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the
Regulations, including, but not limited
to:
A. Applying for, obtaining, or using
any license, License Exception, or
export control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or in any
other activity subject to the Regulations;
or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or in
any other activity subject to the
Regulations.
Second, no person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
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18:25 Oct 25, 2016
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possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, after notice and opportunity for
comment as provided in Section 766.23
of the Regulations, any other person,
firm, corporation, or business
organization related to Peerani by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with Part 756 of
the Regulations, Peerani may file an
appeal of this Order with the Under
Secretary of Commerce for Industry and
Security. The appeal must be filed
within 45 days from the date of this
Order and must comply with the
provisions of Part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to the Peerani. This Order
shall be published in the Federal
Register.
Sixth, this Order is effective
immediately and shall remain in effect
until August 14, 2018.
Dated: October 19, 2016.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2016–25858 Filed 10–25–16; 8:45 am]
BILLING CODE P
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 Reviews; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) finds that the sale made by
Dongtai Zhangshi Wood Industry Co.,
Ltd. (Zhangshi) and the sale made by
Huzhou Muyun Wood Co., Ltd.
(Muyun) are non-bona fide. Therefore,
we are rescinding these new shipper
reviews (NSRs).
DATES: Effective October 26, 2016.
AGENCY:
PO 00000
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74393
FOR FURTHER INFORMATION CONTACT:
Robert Galantucci (202–482–2923) or
Aleksandras Nakutis (202–482–3147),
AD/CVD Operations, Office IV,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
Background
The Department published its
Preliminary Rescission of the NSRs of
the antidumping duty order on
multilayered wood flooring from the
People’s Republic of China (PRC) on
May 31, 2016.1 We preliminarily found
that the sale made by Zhangshi and the
sale made by Muyun were not bona fide,
and announced our preliminary intent
to rescind the NSRs.
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 Antidumping Duty (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
1 See Multilayered Wood Flooring From the
People’s Republic of China: Preliminary Rescission
of 2014–2015 Antidumping Duty New Shipper
Reviews, 81 FR 34310 (May 31, 2016) (Preliminary
Rescission); see also Memorandum from Robert
Galantucci to Abdelali Elouaradia, ‘‘Antidumping
Duty New Shipper Review of Multilayered Wood
Flooring from the People’s Republic of China: Bona
Fide Sale Analysis for Dongtai Zhangshi Wood
Industry Co., Ltd.,’’ dated May 20, 2016 (Zhangshi
Prelim Bona Fide Memo); Memorandum from
Aleksandras Nakutis to Abdelali Elouaradia,
‘‘Antidumping Duty New Shipper Review of
Multilayered Wood Flooring from the People’s
Republic of China: Bona Fide Sale Analysis for
Huzhou Muyun Wood Co., Ltd.,’’ dated May 20,
2016 (Muyun Prelim Bona Fide Memo).
2 See Memorandum from Christian Marsh to
Ronald K. Lorentzen, ‘‘Multilayered Wood Flooring
from the People’s Republic of China: Issues and
Decision Memorandum for the Final Rescission of
the 2014–2015 New Shipper Reviews’’ issued
concurrently with and hereby adopted by this
notice (Issues and Decision Memorandum).
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74394
Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
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;
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
3A
‘‘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.
5 See Issues and Decision Memorandum. The
Department has also issued business proprietary
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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
Zhangshi’s single sale and Muyun’s
single sale and preliminarily found that
they were not bona fide sales.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
Zhangshi’s and Muyun’s sales not bona
fide, and 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
with respect to Zhangshi based on its
consideration of the totality of
circumstances, including: The sale
price, the timing of the payment, a
comparison between the payment and
the invoiced amount, the parties’
implementation of the terms of sale,
statements regarding the customer/
importer’s affiliations, and the single
sale. The Department reached this
conclusion with respect to Muyun based
on its consideration of the totality of
circumstances, including: The sale
price, the timing of the payment, and
the single sale. For a complete
discussion, see the Issues and Decision
Memorandum as well as the BPI
Discussion of Zhangshi’s Comments and
the BPI Discussion of Muyun’s
Comments.
Rescission of New Shipper Reviews
For the foregoing reasons, the
Department continues to find that
Zhangshi’s sale and Muyun’s sale are
not bona fide, and that the sales do not
provide a reasonable or reliable basis for
calculating a dumping margin.
Accordingly, the Department is
rescinding these NSRs.
Assessment
As the Department is rescinding these
NSRs, we are not making a
determination as to whether or not
discussions of the comments raised, as many of the
comments relied heavily on business proprietary
information (BPI). See Memorandum to Abdelali
Elouaradia, ‘‘Final Results of the Antidumping Duty
New Shipper Review—Multilayered Wood Flooring
from the People’s Republic of China: Business
Proprietary Information Discussion of the
Comments Regarding Dongtai Zhangshi Wood
Industry Co., Ltd.,’’ dated October 17, 2016 (BPI
Discussion of Zhangshi’s Comments); Memorandum
to Abdelali Elouaradia, ‘‘Final Results of the
Antidumping Duty New Shipper Review—
Multilayered Wood Flooring from the People’s
Republic of China: Business Proprietary
Information Discussion of the Comments Regarding
Huzhou Muyun Wood Co., Ltd.,’’ dated October 17,
2016 (BPI Discussion of Muyun’s Comments).
6 See Zhangshi Prelim Bona Fide Memo; Muyun
Prelim Bona Fide Memo.
PO 00000
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Fmt 4703
Sfmt 4703
Zhangshi or Muyun qualify for a
separate rate. Therefore, these
companies remain part of the PRCentity. The PRC-entity is not under
review in the ongoing review covering
the 2014–2015 period. Accordingly,
these companies’ entries will be
assessed at rates equal to the cash
deposit of, or bond for, estimated
antidumping duties required on their
merchandise at the time of entry, or
withdrawal from warehouse, for
consumption. The Department intends
to issue liquidation instructions for any
entries during the relevant period made
by Zhangshi and Muyun 15 days after
publication of this rescission notice.
Cash Deposit Requirements
Effective upon publication of this
notice of final rescission of the NSRs of
Zhangshi and Muyun, 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 Zhangshi and
Muyun.7 Because we did not review
Zhangshi or Muyun, we will instruct
CBP to continue to collect the cash
deposit previously ordered which was
the cash deposit rate for the PRC-wide
entity of 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 Act and 19
CFR 351.214.
Dated: October 17, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—Issues and Decision
Memorandum
Summary
Background
Scope of the Order
7 See
E:\FR\FM\26OCN1.SGM
19 CFR 351.214(e).
26OCN1
Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices
Discussion of the Issues
Comment 1: Whether the Department should
revise its analysis with respect to
Zhangshi’s sales price and quantity.
Comment 2: Whether the Department should
revise its analysis regarding Zhangshi’s
customer’s resale of the subject
merchandise.
Comment 3: Whether the Department should
revise its analysis regarding Zhangshi’s
implementation of the terms of sale.
Comment 4: Whether the Department should
revise its analysis regarding the
circumstances surrounding Zhangshi’s
receipt of payment.
Comment 5: Whether the Department made
procedural errors in conducting this
review.
Comment 6: Whether Muyun’s sale was
resold at a profit.
Comment 7: Whether the timing of Muyun’s
sale was consistent with normal
commercial practices.
Comment 8: Whether Muyun’s sale price was
based on normal commercial
considerations.
Comment 9: Whether the totality of the
circumstances indicates that Muyun’s sale
was bona fide.
Recommendation
[FR Doc. 2016–25901 Filed 10–25–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–818]
Lemon Juice From Argentina:
Continuation of Suspension of
Antidumping Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce
DATES: Effective Date: October 20, 2016.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is continuing to
suspend the antidumping duty
investigation on lemon juice from
Argentina. The basis for this action is an
agreement between the Department and
signatory producers/exporters
accounting for substantially all imports
of lemon juice from Argentina, wherein
each signatory producer/exporter has
agreed to revise its prices to eliminate
completely the injurious effects of
exports of the subject merchandise to
the United States.
FOR FURTHER INFORMATION CONTACT:
Sally Craig Gannon or Julie Santoboni at
(202) 482–0162 or (202) 482–3063,
respectively; Bilateral Agreements Unit,
Office of Policy, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
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Jkt 241001
Background
On September 10, 2007, the
Department entered into an agreement
with S.A. San Miguel A.G.I.C.I. y F.,
(‘‘San Miguel’’) and Citrusvil, S.A.,
Argentine producers/exporters
accounting for substantially all imports
of lemon juice from Argentina. See
Suspension of Antidumping Duty
Investigation: Lemon Juice From
Argentina, 72 FR 53991 (September 21,
2007) (‘‘2007 Agreement’’). On
September 17, 2009, Citromax S.A.C.I.
acceded to the 2007 Agreement. On July
11, 2014, La Moraleja, S.A. and
Cooperativa de Productores Citricolas
de Tafi Viejo (‘‘COTA’’) acceded to the
2007 Agreement.
On April 28, 2016, the Department
notified the interested parties and the
International Trade Commission (‘‘ITC’’)
of the intent to suspend the
investigation on Lemon Juice from
Argentina pursuant to section 734(c) of
the Tariff Act of 1930 (‘‘the Act’’). See
April 28, 2016, letters from Sally C.
Gannon to Interested Parties and
Catherine DeFillipo, re ‘‘Lemon Juice
from Argentina—Intent to Suspend
Investigation Pursuant to Section 734(c)
of the Act’’. On September 23, 2016, the
Department and Argentine lemon juice
growers/exporters accounting for
substantially all lemon juice imported
into the United States from Argentina
initialed a proposed agreement pursuant
to section 734(c) of the Act to suspend
the antidumping investigation on lemon
juice from Argentina. The Department
released the proposed agreement and
accompanying memorandum detailing
the fulfillment of the statutory
requirements to interested parties on
September 23, 2016, and afforded them
an opportunity to comment on the
initialed agreement and the
memorandum by September 30, 2016.
See September 23, 2016, Memorandum
from Sally C. Gannon to Interested
Parties, re ‘‘Agreement Suspending the
Antidumping Duty Investigation on
Lemon Juice from Argentina’’. On
September 26, 2016, in accordance with
section 734(e)(2)of the Act, the
Department consulted with the
successor-in-interest to the petitioner,
Ventura Coastal, LLC (‘‘Ventura’’),1 and
explained how the agreement will be
carried out and enforced and how the
agreement will meet the requirements of
sections 734(c) and (d) of the Act. See
September 29, 2016, Memorandum from
Julie H. Santoboni to The File re
1 See Lemon Juice From Argentina: Final Results
of the Expedited First Sunset Review of the
Suspended Antidumping Duty Investigation, 77 FR
73021 (Dec. 7, 2012).
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74395
‘‘Telephone Call with Counsel for
Ventura Coastal’’.
On September 30, 2016, Ventura
requested, and the Department granted,
an extension of the deadline for
submitting comments to October 3,
2016. See September 30, 2016, letter
from Matthew T. McGrath, re:
‘‘Agreement Suspending the
Antidumping Duty Investigation on
Lemon Juice from Argentina: Extension
Request’’ and September 30, 2016, letter
from Sally C. Gannon to Matthew T.
McGrath, re ‘‘Agreement Suspending
the Antidumping Investigation on
Lemon Juice from Argentina: Extension
for Comments on Draft Agreement’’. We
received comments from COTA, San
Miguel and Ventura. See October 3,
2016, letter from Gregory S. Menegaz re:
‘‘Lemon Juice from Argentina COTA
Comment Draft Suspension Agreement:
Correction of Formal Name’’ (‘‘COTA
comments’’); October 3, 2016, letter
from Gregory J. Spak re: ‘‘Lemon Juice
from Argentina Comments on Draft
Suspension Agreement’’ (‘‘San Miguel
comments’’); and, September 30, 2016
(filed October 3, 2016), letter from
Matthew T. McGrath re: ‘‘Agreement
Suspending the Antidumping Duty
Investigation on Lemon Juice from
Argentina: Comments on Proposed New
Suspension Agreement’’. On October 11,
2016, we received additional comments
from Ventura. See October 10, 2016,
letter from Matthew T. McGrath re:
‘‘Agreement Suspending the
Antidumping Duty Investigation on
Lemon Juice from Argentina: Additional
Comments on Proposed New
Suspension Agreement’’ (‘‘Ventura
additional comments’’).
The Department examined the
comments and incorporated changes in
the agreement text and statutory
memorandum, where appropriate, to
address those comments. Specifically,
in its comments, in response to COTA’s
comments we revised the company’s
name to reflect the full legal name of the
company, Cooperativa de Productores
Citricolas de Tafi Viejo, Agricola, de
Transformacion y Comercializacion
Limitada, however we note that COTA
also uses the name Cooperativa de
Productores Citricolas de Tafi Viejo in
the ordinary course of business. See
COTA comments. In response to
Ventura’s comments, the definition of
‘reference price’ was revised to clarify
that the price applies to the price of
exports to the United States. Section
VII.A.3 of the 2016 Suspension
Agreement was revised to reflect that
the quarterly Argentine customs data
will reflect shipments, rather than sales
data. In San Miguel’s comments it
requested that the Department expedite
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]]>Agencies
[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74393-74395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25901]
-----------------------------------------------------------------------
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 Reviews; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) finds that the sale
made by Dongtai Zhangshi Wood Industry Co., Ltd. (Zhangshi) and the
sale made by Huzhou Muyun Wood Co., Ltd. (Muyun) are non-bona fide.
Therefore, we are rescinding these new shipper reviews (NSRs).
DATES: Effective October 26, 2016.
FOR FURTHER INFORMATION CONTACT: Robert Galantucci (202-482-2923) or
Aleksandras Nakutis (202-482-3147), AD/CVD Operations, Office IV,
Enforcement and Compliance, International Trade Administration,
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
The Department published its Preliminary Rescission of the NSRs of
the antidumping duty order on multilayered wood flooring from the
People's Republic of China (PRC) on May 31, 2016.\1\ We preliminarily
found that the sale made by Zhangshi and the sale made by Muyun were
not bona fide, and announced our preliminary intent to rescind the
NSRs.
---------------------------------------------------------------------------
\1\ See Multilayered Wood Flooring From the People's Republic of
China: Preliminary Rescission of 2014-2015 Antidumping Duty New
Shipper Reviews, 81 FR 34310 (May 31, 2016) (Preliminary
Rescission); see also Memorandum from Robert Galantucci to Abdelali
Elouaradia, ``Antidumping Duty New Shipper Review of Multilayered
Wood Flooring from the People's Republic of China: Bona Fide Sale
Analysis for Dongtai Zhangshi Wood Industry Co., Ltd.,'' dated May
20, 2016 (Zhangshi Prelim Bona Fide Memo); Memorandum from
Aleksandras Nakutis to Abdelali Elouaradia, ``Antidumping Duty New
Shipper Review of Multilayered Wood Flooring from the People's
Republic of China: Bona Fide Sale Analysis for Huzhou Muyun Wood
Co., Ltd.,'' dated May 20, 2016 (Muyun Prelim Bona Fide Memo).
---------------------------------------------------------------------------
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
Antidumping Duty (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 to Ronald K. Lorentzen,
``Multilayered Wood Flooring from the People's Republic of China:
Issues and Decision Memorandum for the Final Rescission of the 2014-
2015 New Shipper Reviews'' 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
[[Page 74394]]
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; 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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\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.
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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.
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\5\ See Issues and Decision Memorandum. The Department has also
issued business proprietary discussions of the comments raised, as
many of the comments relied heavily on business proprietary
information (BPI). See Memorandum to Abdelali Elouaradia, ``Final
Results of the Antidumping Duty New Shipper Review--Multilayered
Wood Flooring from the People's Republic of China: Business
Proprietary Information Discussion of the Comments Regarding Dongtai
Zhangshi Wood Industry Co., Ltd.,'' dated October 17, 2016 (BPI
Discussion of Zhangshi's Comments); Memorandum to Abdelali
Elouaradia, ``Final Results of the Antidumping Duty New Shipper
Review--Multilayered Wood Flooring from the People's Republic of
China: Business Proprietary Information Discussion of the Comments
Regarding Huzhou Muyun Wood Co., Ltd.,'' dated October 17, 2016 (BPI
Discussion of Muyun's Comments).
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Bona Fide Analysis
For the Preliminary Rescission, the Department analyzed the bona
fides of Zhangshi's single sale and Muyun's single sale and
preliminarily found that they were not bona fide sales.\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
Zhangshi's and Muyun's sales not bona fide, and 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 with respect
to Zhangshi based on its consideration of the totality of
circumstances, including: The sale price, the timing of the payment, a
comparison between the payment and the invoiced amount, the parties'
implementation of the terms of sale, statements regarding the customer/
importer's affiliations, and the single sale. The Department reached
this conclusion with respect to Muyun based on its consideration of the
totality of circumstances, including: The sale price, the timing of the
payment, and the single sale. For a complete discussion, see the Issues
and Decision Memorandum as well as the BPI Discussion of Zhangshi's
Comments and the BPI Discussion of Muyun's Comments.
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\6\ See Zhangshi Prelim Bona Fide Memo; Muyun Prelim Bona Fide
Memo.
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Rescission of New Shipper Reviews
For the foregoing reasons, the Department continues to find that
Zhangshi's sale and Muyun's sale are not bona fide, and that the sales
do not provide a reasonable or reliable basis for calculating a dumping
margin. Accordingly, the Department is rescinding these NSRs.
Assessment
As the Department is rescinding these NSRs, we are not making a
determination as to whether or not Zhangshi or Muyun qualify for a
separate rate. Therefore, these companies remain part of the PRC-
entity. The PRC-entity is not under review in the ongoing review
covering the 2014-2015 period. Accordingly, these companies' entries
will be assessed at rates equal to the cash deposit of, or bond for,
estimated antidumping duties required on their merchandise at the time
of entry, or withdrawal from warehouse, for consumption. The Department
intends to issue liquidation instructions for any entries during the
relevant period made by Zhangshi and Muyun 15 days after publication of
this rescission notice.
Cash Deposit Requirements
Effective upon publication of this notice of final rescission of
the NSRs of Zhangshi and Muyun, 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 Zhangshi and Muyun.\7\ Because we did not review
Zhangshi or Muyun, we will instruct CBP to continue to collect the cash
deposit previously ordered which was the cash deposit rate for the PRC-
wide entity of 25.62 percent. These cash deposit requirements shall
remain in effect until further notice.
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\7\ See 19 CFR 351.214(e).
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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 Act and 19 CFR 351.214.
Dated: October 17, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Summary
Background
Scope of the Order
[[Page 74395]]
Discussion of the Issues
Comment 1: Whether the Department should revise its analysis with
respect to Zhangshi's sales price and quantity.
Comment 2: Whether the Department should revise its analysis
regarding Zhangshi's customer's resale of the subject merchandise.
Comment 3: Whether the Department should revise its analysis
regarding Zhangshi's implementation of the terms of sale.
Comment 4: Whether the Department should revise its analysis
regarding the circumstances surrounding Zhangshi's receipt of
payment.
Comment 5: Whether the Department made procedural errors in
conducting this review.
Comment 6: Whether Muyun's sale was resold at a profit.
Comment 7: Whether the timing of Muyun's sale was consistent with
normal commercial practices.
Comment 8: Whether Muyun's sale price was based on normal commercial
considerations.
Comment 9: Whether the totality of the circumstances indicates that
Muyun's sale was bona fide.
Recommendation
[FR Doc. 2016-25901 Filed 10-25-16; 8:45 am]
BILLING CODE 3510-DS-P
