Multilayered Wood Flooring From the People's Republic of China; Preliminary Results and Partial Rescission of Antidumping Duty New Shipper Reviews; 2014-2015, 95566-95568 [2016-31354]
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Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices
Board’s Executive Secretary as to
significant new contracts with
appropriate information concerning
foreign purchases otherwise dutiable, so
that the FTZ Board may consider
whether any foreign dutiable items are
being imported for manufacturing in the
zone primarily because of FTZ
procedures and whether the FTZ Board
should consider requiring customs
duties to be paid on such items.
Dated: December 19, 2016.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2016–31402 Filed 12–27–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970]
Multilayered Wood Flooring From the
People’s Republic of China;
Preliminary Results and Partial
Rescission of Antidumping Duty New
Shipper Reviews; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is conducting new
shipper reviews (‘‘NSR’’) of the
antidumping duty order on multilayered
wood flooring (‘‘MLWF’’) from the
People’s Republic of China (‘‘PRC’’).
The review covers two exporters of
subject merchandise, Jiangsu Keri Wood
Co., Ltd. (‘‘Keri Wood’’) and Zhejiang
Simite Wooden Co., Ltd. (‘‘Simite
Wooden’’). The Department
preliminarily determines that Keri
Wood did not make sales of subject
merchandise at less than normal value.
The period of review (‘‘POR’’) is
December 1, 2014, through November
30, 2015. The Department also
preliminarily determines that Simite
Wooden’s sale to the United States is
not bona fide, as required by section
751(a)(2)(B)(iv) of the Tariff Act of 1930,
as amended (‘‘the Act’’). Therefore, we
are preliminarily rescinding the NSR
with respect to Simite Wooden.
Interested parties are invited to
comment on the preliminary results of
these reviews.
DATES: Effective December 28, 2016.
FOR FURTHER INFORMATION CONTACT:
Maisha Cryor or Robert Bolling, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
sradovich on DSK3GMQ082PROD with NOTICES
AGENCY:
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18:54 Dec 27, 2016
Jkt 241001
(202) 482–5831 or (202) 482–3434,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 27, 2016, the Department
published a notice of initiation of two
new shipper reviews of the antidumping
duty order on MLWF from the PRC.1
The Department subsequently issued
antidumping duty questionnaires, and
supplemental questionnaires, to Keri
Wood and Simite Wooden and received
timely responses thereto. Also, Keri
Wood and Simite Wooden submitted
comments on surrogate country and
surrogate value selection.2 No other
party submitted surrogate country or
surrogate value comments. On June 23,
2016, the Department extended the time
period for issuing the preliminary
results of these reviews by 120 days,
until November 20, 2016.3 On
November 15, 2016, the Department
aligned these NSRs with the fourth
administrative review of MLWF from
the PRC.4 On November 20, 2014, the
Department extended the preliminary
results until December 20, 2016, to align
with the fourth administrative review of
this proceeding.5
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: Initiation of
Antidumping Duty New Shipper Reviews, 81 FR
4612 (January 27, 2016) (‘‘Initiation Notice’’).
2 See ‘‘See Simite Wooden’s Letter to the
Department, Multilayered Wood Flooring from the
People’s Republic of China; A–570–970; Surrogate
Values for the Preliminary Results, dated May 10,
2016; see also Keri Wood’s Letter to the
Department, Multilayered Wood Flooring rom the
People’s Republic of China: Comments Regarding
Surrogate Value Selection, dated May 23, 2016.
3 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, from Maisha
Cryor, Office IV, Antidumping and Countervailing
Duty Operations, entitled, ‘‘Multilayered Wood
Flooring from the People’s Republic of China:
Extension of Deadline for Preliminary Results of
Antidumping Duty New Shipper Reviews’’ dated
June 23, 2016.
4 See Memorandum to the File, regarding
‘‘Alignment of the New Shipper Reviews of the
Antidumping Duty Order on Multilayered Wood
Flooring from the People’s Republic of China with
the Concurrent Administrative Review of
Multilayered Wood Flooring from the People’s
Republic of China’’ (November 15, 2016).
5 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, from Maisha
Cryor, Office IV, Antidumping and Countervailing
Duty Operations, entitled, ‘‘Multilayered Wood
Flooring from the People’s Republic of China:
Extension of Deadline for Preliminary Results of
Antidumping Duty New Shipper Reviews’’ dated
June 23, 2016; see also Memorandum to the File,
regarding ‘‘Extension of Deadline for the
Preliminary Results of the New Shipper Reviews of
Multilayered Wood Flooring from the People’s
Republic of China’’ (November 20, 2016).
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composed of an assembly of two or
more layers or plies of wood veneers 6
in combination with a core.7
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
6 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.
7 For a complete description of the scope of the
order, see Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, entitled ‘‘Preliminary Rescission of the
2013–2014 Antidumping Duty New Shipper
Review: Multilayered Wood Flooring from the
People’s Republic of China’’ issued concurrently
with and hereby adopted by this notice
(‘‘Preliminary Decision Memorandum’’).
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Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices
written description of the scope of the
order is dispositive.
Methodology
The Department is conducting these
reviews in accordance with section
751(a)(2)(B) of the Act and 19 CFR
351.214. Export prices have been
calculated in accordance with section
772 of the Act. Because the PRC is a
non-market economy within the
meaning of section 771(18) of the Act,
NV has been calculated in accordance
with section 773(c) of the Act. For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum. A
list of topics discussed in the
Preliminary Decision Memorandum is
in the attached Appendix to this notice.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s centralized electronic
service system (ACCESS). ACCESS is
available to registered users at https://
access.trade.gov, and it is available to
all parties in the Department’s Central
Records Unit, B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the Internet at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of New Shipper
Review
As discussed in Bona Fide Sales
Analysis Memorandum,8 the
Department preliminarily finds that the
sale made by Simite Wooden to the
United States is not a bona fide sale. 9
Because the non-bona fide sale was the
only reported sale of subject
merchandise by Simite Wooden during
the POR, and thus there are no other
reviewable transactions for Simite
Wooden, we are preliminarily
rescinding its NSR. Because much of the
factual information used in our analysis
of Simite Wooden’s sale involves
business proprietary information, a full
discussion of the basis for our
preliminary determination regarding
Simite Wooden is set forth in the Bona
Fide Sales Analysis Memoranda, which
is on the record of this proceeding.
The Department preliminarily
determines that the following weightedaverage dumping margin exists for Keri
Wood for the POR from December 1,
2014, through November 30, 2015:
Weightedaverage
dumping
margin
(percent)
Exporter
Producer
Jiangsu Keri Wood Co., Ltd .......................................................
Jiangsu Keri Wood Co., Ltd .......................................................
Disclosure and Public Comment
sradovich on DSK3GMQ082PROD with NOTICES
The Department intends to disclose
the analysis performed for these
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Interested parties may
submit case briefs by no later than 30
days after the date of publication of
these preliminary results of review.10
Rebuttals, limited to issues raised in the
case briefs, may be filed by no later than
five days after the case briefs are filed.11
Any interested party may request a
hearing within 30 days of publication of
this notice.12 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the briefs.
If a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
8 See Memorandum from Maisha Cryor, Office IV
AD/CVD Operations, to Abdelali Elouaradia,
Director, Enforcement and Compliance, Office IV
entitled ‘‘Antidumping Duty New Shipper Review
of Multilayered Wood Flooring from the People’s
Republic of China: Preliminary Bona Fide Sale
Analysis for Jiangsu Keri Wood Co., Ltd., dated
concurrently with and hereby adopted by this
notice; see also See Memorandum from Maisha
Cryor, Office IV AD/CVD Operations, to Abdelali
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18:54 Dec 27, 2016
Jkt 241001
Constitution Avenue NW., Washington,
DC 20230.13
Unless the deadline is extended
pursuant to section 751(a)(2)(B)(iii), the
Department intends to issue the final
results of this new shipper review,
which will include the results of its
analysis of all issues raised in the case
and rebuttal briefs, within 90 days of
publication of these preliminary results,
pursuant to section 751(a)(2)(B)(iv) of
the Act.
Assessment Rates
If the Department proceeds to a final
rescission of Simite Wooden’s NSR, the
assessment rate to which Simite
Wooden shipments will be subject will
remain unchanged. However, for Keri
Wood, and if the Department continues
to find that Keri Wood did not make
sales of subject merchandise at less than
normal value, upon issuance of the final
results, pursuant to 19 CFR 351.212(b),
the Department intends to determine,
and the U.S. Customs and Border
Protection (‘‘CBP’’) shall assess,
antidumping duties on all appropriate
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 Zhejiang Simite Wooden Co., Ltd.,
dated concurrently with and hereby adopted by this
notice (‘‘Bona Fide Sales Analysis Memoranda’’).
9 On February 24, 2016, the President of the
United States signed into law the Trade Facilitation
and Trade Enforcement Act of 2015, Public Law
PO 00000
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Sfmt 4703
95567
0.00
entries.14 The Department intends to
issue assessment instructions to CBP 15
days after the date of publication of the
final results of this new shipper review.
If the respondent’s weighted average
dumping margin is not zero or de
minimis (i.e., less than 0.50 percent) in
the final results, the Department intends
to calculate importer-specific
assessment rates on the basis of the ratio
of the total amount of dumping
calculated for each importer’s examined
sales to the total entered value of those
sales, in accordance with 19 CFR
351.212(b)(1). Where an importerspecific ad valorem rate is not zero or
de minimis, the Department intends to
instruct CBP to collect the appropriate
antidumping duties at the time of
liquidation.15 Where either a
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer-specific ad valorem rate is zero
or de minimis, the Department intends
to instruct CBP to liquidate appropriate
114–125 (Feb. 24, 2016), which made amendments
to section 751(a)(2)(B) of the Act. These
amendments apply to this determination.
10 See 19 CFR 351.309(c).
11 See 19 CFR 351.309(d).
12 See 19 CFR 351.310(c).
13 See 19 CFR 351.310(d).
14 See 19 CFR 351.212(b)(1).
15 See 19 CFR 351.212(b)(1).
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Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
entries without regard to antidumping
duties.16
For entries that were not reported in
the U.S. sales data submitted by Keri
Wood or Simite Wooden (if applicable),
the Department intends to instruct CBP
to liquidate such entries at the rate for
the PRC-wide entity.17 The final results
of this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
cash deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
Effective upon publication of the final
rescission of Simite Wooden’s NSR, the
Department will instruct CBP to
discontinue the option of posting a bond
or security in lieu of a cash deposit for
entries of subject merchandise by Simite
Wooden. If the Department proceeds to
a final rescission of Simite Wooden’s
new shipper review, the cash deposit
rate will continue to be the PRC-wide
rate because the Department will not
have determined individual dumping
margins of for Simite Wooden. If the
Department issues final results for
Simite Wooden’s NSR, the Department
intends to instruct CBP to collect cash
deposits, effective upon the publication
of the final results, at the rates
established therein.
However, for Keri Wood, the
following cash deposit requirements
will be effective upon publication of the
final results of the new shipper reviews
for shipments of the subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) For subject merchandise
produced and exported by Keri Wood,,
the cash deposit rate will be that rate
established in the final results of this
new shipper review (except, if the rate
is zero or de minimis, then a zero cash
deposit will be required); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific combination
rate; (3) for all PRC exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the PRCwide entity; and (4) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
16 See
19 CFR 351.106(c)(2).
a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
17 For
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18:54 Dec 27, 2016
Jkt 241001
cash deposit rate will be the rate
applicable to the PRC producer/exporter
combination that supplied that non-PRC
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
18. U.S. Price
19. Value Added Tax
20. Normal Value
21. Factor Valuations
22. Currency Conversion
23. Section 777A(f) of the Act
24. Recommendation
Notification to Importers
[FR Doc. 2016–31354 Filed 12–27–16; 8:45 am]
This notice also serves as a reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during the POR. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
BILLING CODE 3510–DS–P
Notification Regarding Administrative
Protective Orders
This notice serves as a reminder to
parties subject to an 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 the return or
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 violation subject to sanction.
Notification to Interested Parties
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.214 and
351.221(b)(4).
Dated: December 20, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Bona Fide Sale Analysis
6. Non-Market Economy Country Status
7. Separate Rates
8. Absence of De Jure Control
9. Absence of De Facto Control
10. Surrogate Country
11. Economic Comparability
12. Significant Producer of Comparable
Merchandise
13. Data Availability
14. Date of Sale
15. Determination of the Comparison Method
16. Results of the Differential Pricing
Analysis
17. Fair Value Comparisons
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF112
Pacific Fishery Management Council;
Public Meetings and Hearings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of reports;
public meetings, and hearings.
AGENCY:
The Pacific Fishery
Management Council (Pacific Council)
has begun its annual preseason
management process for the 2017 ocean
salmon fisheries. This document
announces the availability of Pacific
Council documents as well as the dates
and locations of Pacific Council
meetings and public hearings
comprising the Pacific Council’s
complete schedule of events for
determining the annual proposed and
final modifications to ocean salmon
fishery management measures. The
agendas for the March and April 2017
Pacific Council meetings will be
published in subsequent Federal
Register documents prior to the actual
meetings.
DATES: Written comments on the salmon
management alternatives must be
received by 5:00 p.m. Pacific Time,
March 31, 2017.
ADDRESSES: Documents will be available
from, and written comments should be
sent to Mr. Herb Pollard, Chair, Pacific
Fishery Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220–1384, telephone: (503) 820–
2280 (voice) or (503) 820–2299 (fax).
Comments can also be submitted via
email at PFMC.comments@noaa.gov or
through the internet at the Federal
Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments,
and include the I.D. number in the
subject line of the message. For specific
meeting and hearing locations, see
SUPPLEMENTARY INFORMATION.
Council address: Pacific Fishery
Management Council, 7700 NE
SUMMARY:
E:\FR\FM\28DEN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Notices]
[Pages 95566-95568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31354]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-970]
Multilayered Wood Flooring From the People's Republic of China;
Preliminary Results and Partial Rescission of Antidumping Duty New
Shipper Reviews; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
new shipper reviews (``NSR'') of the antidumping duty order on
multilayered wood flooring (``MLWF'') from the People's Republic of
China (``PRC''). The review covers two exporters of subject
merchandise, Jiangsu Keri Wood Co., Ltd. (``Keri Wood'') and Zhejiang
Simite Wooden Co., Ltd. (``Simite Wooden''). The Department
preliminarily determines that Keri Wood did not make sales of subject
merchandise at less than normal value. The period of review (``POR'')
is December 1, 2014, through November 30, 2015. The Department also
preliminarily determines that Simite Wooden's sale to the United States
is not bona fide, as required by section 751(a)(2)(B)(iv) of the Tariff
Act of 1930, as amended (``the Act''). Therefore, we are preliminarily
rescinding the NSR with respect to Simite Wooden. Interested parties
are invited to comment on the preliminary results of these reviews.
DATES: Effective December 28, 2016.
FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Robert Bolling, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-5831 or (202) 482-3434,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 27, 2016, the Department published a notice of
initiation of two new shipper reviews of the antidumping duty order on
MLWF from the PRC.\1\ The Department subsequently issued antidumping
duty questionnaires, and supplemental questionnaires, to Keri Wood and
Simite Wooden and received timely responses thereto. Also, Keri Wood
and Simite Wooden submitted comments on surrogate country and surrogate
value selection.\2\ No other party submitted surrogate country or
surrogate value comments. On June 23, 2016, the Department extended the
time period for issuing the preliminary results of these reviews by 120
days, until November 20, 2016.\3\ On November 15, 2016, the Department
aligned these NSRs with the fourth administrative review of MLWF from
the PRC.\4\ On November 20, 2014, the Department extended the
preliminary results until December 20, 2016, to align with the fourth
administrative review of this proceeding.\5\
---------------------------------------------------------------------------
\1\ See Multilayered Wood Flooring from the People's Republic of
China: Initiation of Antidumping Duty New Shipper Reviews, 81 FR
4612 (January 27, 2016) (``Initiation Notice'').
\2\ See ``See Simite Wooden's Letter to the Department,
Multilayered Wood Flooring from the People's Republic of China; A-
570-970; Surrogate Values for the Preliminary Results, dated May 10,
2016; see also Keri Wood's Letter to the Department, Multilayered
Wood Flooring rom the People's Republic of China: Comments Regarding
Surrogate Value Selection, dated May 23, 2016.
\3\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Maisha Cryor, Office IV, Antidumping and Countervailing Duty
Operations, entitled, ``Multilayered Wood Flooring from the People's
Republic of China: Extension of Deadline for Preliminary Results of
Antidumping Duty New Shipper Reviews'' dated June 23, 2016.
\4\ See Memorandum to the File, regarding ``Alignment of the New
Shipper Reviews of the Antidumping Duty Order on Multilayered Wood
Flooring from the People's Republic of China with the Concurrent
Administrative Review of Multilayered Wood Flooring from the
People's Republic of China'' (November 15, 2016).
\5\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Maisha Cryor, Office IV, Antidumping and Countervailing Duty
Operations, entitled, ``Multilayered Wood Flooring from the People's
Republic of China: Extension of Deadline for Preliminary Results of
Antidumping Duty New Shipper Reviews'' dated June 23, 2016; see also
Memorandum to the File, regarding ``Extension of Deadline for the
Preliminary Results of the New Shipper Reviews of Multilayered Wood
Flooring from the People's Republic of China'' (November 20, 2016).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order is multilayered wood flooring,
which is composed of an assembly of two or more layers or plies of wood
veneers \6\ in combination with a core.\7\ 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
[[Page 95567]]
written description of the scope of the order is dispositive.
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\6\ 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.
\7\ For a complete description of the scope of the order, see
Memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, entitled
``Preliminary Rescission of the 2013-2014 Antidumping Duty New
Shipper Review: Multilayered Wood Flooring from the People's
Republic of China'' issued concurrently with and hereby adopted by
this notice (``Preliminary Decision Memorandum'').
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Methodology
The Department is conducting these reviews in accordance with
section 751(a)(2)(B) of the Act and 19 CFR 351.214. Export prices have
been calculated in accordance with section 772 of the Act. Because the
PRC is a non-market economy within the meaning of section 771(18) of
the Act, NV has been calculated in accordance with section 773(c) of
the Act. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of topics
discussed in the Preliminary Decision Memorandum is in the attached
Appendix to this notice.
The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's centralized
electronic service system (ACCESS). ACCESS is available to registered
users at https://access.trade.gov, and it is available to all parties in
the Department's Central Records Unit, B8024 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of New Shipper Review
As discussed in Bona Fide Sales Analysis Memorandum,\8\ the
Department preliminarily finds that the sale made by Simite Wooden to
the United States is not a bona fide sale. \9\ Because the non-bona
fide sale was the only reported sale of subject merchandise by Simite
Wooden during the POR, and thus there are no other reviewable
transactions for Simite Wooden, we are preliminarily rescinding its
NSR. Because much of the factual information used in our analysis of
Simite Wooden's sale involves business proprietary information, a full
discussion of the basis for our preliminary determination regarding
Simite Wooden is set forth in the Bona Fide Sales Analysis Memoranda,
which is on the record of this proceeding.
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\8\ See Memorandum from Maisha Cryor, Office IV AD/CVD
Operations, to Abdelali Elouaradia, Director, Enforcement and
Compliance, Office IV entitled ``Antidumping Duty New Shipper Review
of Multilayered Wood Flooring from the People's Republic of China:
Preliminary Bona Fide Sale Analysis for Jiangsu Keri Wood Co., Ltd.,
dated concurrently with and hereby adopted by this notice; see also
See Memorandum from Maisha Cryor, Office IV AD/CVD Operations, to
Abdelali Elouaradia, Director, Enforcement and Compliance, Office IV
entitled ``Antidumping Duty New Shipper Review of Multilayered Wood
Flooring from the People's Republic of China: Preliminary Bona Fide
Sale Analysis for Zhejiang Simite Wooden Co., Ltd., dated
concurrently with and hereby adopted by this notice (``Bona Fide
Sales Analysis Memoranda'').
\9\ On February 24, 2016, the President of the United States
signed into law the Trade Facilitation and Trade Enforcement Act of
2015, Public Law 114-125 (Feb. 24, 2016), which made amendments to
section 751(a)(2)(B) of the Act. These amendments apply to this
determination.
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The Department preliminarily determines that the following
weighted-average dumping margin exists for Keri Wood for the POR from
December 1, 2014, through November 30, 2015:
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping margin
(percent)
------------------------------------------------------------------------
Jiangsu Keri Wood Co., Ltd........ Jiangsu Keri Wood 0.00
Co., Ltd.
------------------------------------------------------------------------
Disclosure and Public Comment
The Department intends to disclose the analysis performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs by no later than 30 days
after the date of publication of these preliminary results of
review.\10\ Rebuttals, limited to issues raised in the case briefs, may
be filed by no later than five days after the case briefs are
filed.\11\
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\10\ See 19 CFR 351.309(c).
\11\ See 19 CFR 351.309(d).
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Any interested party may request a hearing within 30 days of
publication of this notice.\12\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\13\
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310(d).
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Unless the deadline is extended pursuant to section
751(a)(2)(B)(iii), the Department intends to issue the final results of
this new shipper review, which will include the results of its analysis
of all issues raised in the case and rebuttal briefs, within 90 days of
publication of these preliminary results, pursuant to section
751(a)(2)(B)(iv) of the Act.
Assessment Rates
If the Department proceeds to a final rescission of Simite Wooden's
NSR, the assessment rate to which Simite Wooden shipments will be
subject will remain unchanged. However, for Keri Wood, and if the
Department continues to find that Keri Wood did not make sales of
subject merchandise at less than normal value, upon issuance of the
final results, pursuant to 19 CFR 351.212(b), the Department intends to
determine, and the U.S. Customs and Border Protection (``CBP'') shall
assess, antidumping duties on all appropriate entries.\14\ The
Department intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of this new shipper
review.
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\14\ See 19 CFR 351.212(b)(1).
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If the respondent's weighted average dumping margin is not zero or
de minimis (i.e., less than 0.50 percent) in the final results, the
Department intends to calculate importer-specific assessment rates on
the basis of the ratio of the total amount of dumping calculated for
each importer's examined sales to the total entered value of those
sales, in accordance with 19 CFR 351.212(b)(1). Where an importer-
specific ad valorem rate is not zero or de minimis, the Department
intends to instruct CBP to collect the appropriate antidumping duties
at the time of liquidation.\15\ Where either a respondent's weighted
average dumping margin is zero or de minimis, or an importer-specific
ad valorem rate is zero or de minimis, the Department intends to
instruct CBP to liquidate appropriate
[[Page 95568]]
entries without regard to antidumping duties.\16\
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\15\ See 19 CFR 351.212(b)(1).
\16\ See 19 CFR 351.106(c)(2).
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For entries that were not reported in the U.S. sales data submitted
by Keri Wood or Simite Wooden (if applicable), the Department intends
to instruct CBP to liquidate such entries at the rate for the PRC-wide
entity.\17\ The final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the final results of this review and for future cash deposits of
estimated antidumping duties, where applicable.
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\17\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
Effective upon publication of the final rescission of Simite
Wooden's NSR, the Department will instruct CBP to discontinue the
option of posting a bond or security in lieu of a cash deposit for
entries of subject merchandise by Simite Wooden. If the Department
proceeds to a final rescission of Simite Wooden's new shipper review,
the cash deposit rate will continue to be the PRC-wide rate because the
Department will not have determined individual dumping margins of for
Simite Wooden. If the Department issues final results for Simite
Wooden's NSR, the Department intends to instruct CBP to collect cash
deposits, effective upon the publication of the final results, at the
rates established therein.
However, for Keri Wood, the following cash deposit requirements
will be effective upon publication of the final results of the new
shipper reviews for shipments of the subject merchandise from the PRC
entered, or withdrawn from warehouse, for consumption on or after the
publication date, as provided by section 751(a)(2)(C) of the Act: (1)
For subject merchandise produced and exported by Keri Wood,, the cash
deposit rate will be that rate established in the final results of this
new shipper review (except, if the rate is zero or de minimis, then a
zero cash deposit will be required); (2) for previously investigated or
reviewed PRC and non-PRC exporters not listed above that received a
separate rate in a prior segment of this proceeding, the cash deposit
rate will continue to be the existing exporter-specific combination
rate; (3) for all PRC exporters of subject merchandise that have not
been found to be entitled to a separate rate, the cash deposit rate
will be that for the PRC-wide entity; and (4) for all non-PRC exporters
of subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC producer/exporter
combination that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to an
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 the return or 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 violation
subject to sanction.
Notification to Interested Parties
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.214 and
351.221(b)(4).
Dated: December 20, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Bona Fide Sale Analysis
6. Non-Market Economy Country Status
7. Separate Rates
8. Absence of De Jure Control
9. Absence of De Facto Control
10. Surrogate Country
11. Economic Comparability
12. Significant Producer of Comparable Merchandise
13. Data Availability
14. Date of Sale
15. Determination of the Comparison Method
16. Results of the Differential Pricing Analysis
17. Fair Value Comparisons
18. U.S. Price
19. Value Added Tax
20. Normal Value
21. Factor Valuations
22. Currency Conversion
23. Section 777A(f) of the Act
24. Recommendation
[FR Doc. 2016-31354 Filed 12-27-16; 8:45 am]
BILLING CODE 3510-DS-P
