Multilayered Wood Flooring From the People's Republic of China: Rescission of Antidumping Duty New Shipper Reviews; 2014-2015, 74393-74395 [2016-25901]

Download as PDF 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, VerDate Sep<11>2014 18:25 Oct 25, 2016 Jkt 241001 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 Frm 00003 Fmt 4703 Sfmt 4703 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 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 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). E:\FR\FM\26OCN1.SGM 26OCN1 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 VerDate Sep<11>2014 18:25 Oct 25, 2016 Jkt 241001 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 Frm 00004 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 18:25 Oct 25, 2016 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). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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 E:\FR\FM\26OCN1.SGM 26OCN1

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]


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

    \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\ 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.
---------------------------------------------------------------------------

    \6\ See Zhangshi Prelim Bona Fide Memo; Muyun Prelim Bona Fide 
Memo.
---------------------------------------------------------------------------

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