Multilayered Wood Flooring From the People's Republic of China: Correction to the Final Results of Antidumping Duty Administrative Review, Rescission of Review, in Part, 10332-10333 [2017-02789]
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Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970]
Multilayered Wood Flooring From the
People’s Republic of China: Correction
to the Final Results of Antidumping
Duty Administrative Review,
Rescission of Review, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is amending the final
results of the third administrative
review of the antidumping duty (‘‘AD’’)
order on Multilayered Wood Flooring
(‘‘MLWF’’) from the People’s Republic
of China (‘‘PRC’’) to correct a ministerial
error. The Department has reviewed
Linyi Anying’s allegation and
determined that there was an error in
the review of Linyi Anying’s No
Shipment Certification.
DATES: Effective Date: July 19, 2016.
FOR FURTHER INFORMATION CONTACT:
William Horn, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–2615.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 19, 2016, the Department
published the final results of the third
administrative review of the AD order
on MLWF from the PRC.1 On August 11,
2016, the Department published a
correction to the Final Results to
include a list of PRC-wide entity
companies omitted from the Final
Results.2 Linyi Anying Wood Co., Ltd.
(‘‘Anying’’) was included within the
PRC-wide entity. The period of review
(‘‘POR’’) is December 1, 2013, through
November 30, 2014. On August 12,
2016, the Department received a
ministerial error allegation on behalf of
Anying.
Scope of the Order
mstockstill on DSK3G9T082PROD with NOTICES
The merchandise covered by the order
includes MLWF, subject to certain
exceptions.3 Imports of the subject
1 Multilayered Wood Flooring from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review, 2013–2014, 81 FR
46899 (July 19, 2016).
2 Multilayered Wood Flooring from the People’s
Republic of China: Correction to the Final Results
of the Antidumping Duty Administrative Review, 81
FR 53120 (August 11, 2016).
3 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations to Ronald K.
VerDate Sep<11>2014
18:35 Feb 09, 2017
Jkt 241001
merchandise are provided for under the
following subheadings of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’): 4412.31.0520;
4412.31.0540; 4412.31.0560;
4412.31.2510; 4412.31.2520;
4412.31.3175; 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; 4412.31.5175;
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. While HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the subject
merchandise is dispositive.
Ministerial Error
The Department will, if appropriate,
correct any ministerial errors by
amending the final results of review.
Section 751(h) of the Tariff Act of 1930,
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, regarding ‘‘Issues
and Decision Memorandum for the Final Results of
the 2013–2014 Antidumping Duty Administrative
Review of Multilayered Wood Flooring from the
People’s Republic of China,’’ (‘‘Final Results IDM’’),
dated July 12, 2016 for a complete description of
the Scope of the Order.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
as amended (‘‘the Act’’), and 19 CFR
351.224(f) define a ‘‘ministerial error’’ as
an error ‘‘in addition, subtraction, or
other arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.’’
On August 12, 2016, Anying
submitted a ministerial error allegation.
On August 18, 2016, Anying filed a
complaint with the U.S. Court of
International Trade (‘‘CIT’’) contesting
the application of the PRC-entity rate on
the same grounds as the ministerial
error allegation.4 On November 10,
2016, the CIT granted the Department
leave to consider the ministerial error
allegation filed by Anying and, if
necessary, to publish amended final
results.5
Anying alleges that, although the it
submitted a ‘‘no shipments’’ certificate
in the third administrative review, the
Department failed to rescind the
administrative review for Anying. As a
result, it was incorrectly included
within the PRC-entity and subject to the
PRC-wide rate. We have determined that
we made a ministerial error and we
have determined that Anying had no
shipments during the POR.6
Amended Final Results
Because the Department has
determined that Anying had no
shipments during the POR, we hereby
rescind the review with respect to
Anying. As a result, Anying will
maintain its cash deposit rate from the
most recently completed review in
which it participated. This correction to
the final results of administrative review
is issued and published in accordance
with sections 751(h) and 777(i)(2)(i) of
the Act.
Instructions to U.S. Customs and
Border Protection
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1), the
Department determines, and CBP shall
assess, antidumping duties on all
appropriate entries of subject
merchandise, where applicable, in
4 See Linyi Anying Wood Co., Ltd and Lumber
Liquidators Services, LLC vs. United States, Court
No. 16–00159 (ECF Dkt. No. 6).
5 See id. (ECF Dkt. No. 25, dated November 10,
2016).
6 For a full discussion see Memorandum from
Gary Taverman, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty
Operations to Ronald K. Lorentzen, Acting
Assistant Secretary for Enforcement and
Compliance re: Third Antidumping Administrative
Review of Multilayered Wood Flooring from the
People’s Republic of China: Ministerial Error
Memorandum (‘‘Ministerial Error Memo’’) dated
concurrently with this notice.
E:\FR\FM\10FEN1.SGM
10FEN1
Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices
accordance with the amended final
results of this review. If the Department
determines that an exporter under
review had no shipments of subject
merchandise, any suspended entries
that entered under that exporter’s case
number will be liquidated at the PRCwide rate.7 The Department intends to
issue assessment instructions to CBP 15
days after the date of publication of
these amended final results of review.
Cash Deposit Requirements
The following cash deposit
requirement will be effective July 19,
2016, for all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after that date, as provided for by
section 751(a)(2)(C) of the Act. For
Anying, which had no reviewable
transactions during the POR, the cash
deposit rate will remain unchanged
from the rate assigned in the most
recently completed review of the
company.
Notifications to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
mstockstill on DSK3G9T082PROD with NOTICES
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 35 1.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/destruction of
APO materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
This correction to the final results of
administrative review is issued and
published in accordance with sections
751(h) and 777(i)(2)(i) of the Act, and 19
7 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
VerDate Sep<11>2014
18:35 Feb 09, 2017
Jkt 241001
CFR 351.224(e) of the Department’s
regulations.
Dated: February 6, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–02789 Filed 2–9–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–904]
Certain Activated Carbon From the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
Final Results of Administrative Review
and Notice of Amended Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Court of International
Trade (CIT or Court) sustained the
Department of Commerce’s (the
Department’s) second remand results
pertaining to the sixth administrative
review of the antidumping duty order
on certain activated carbon from the
People’s Republic of China (PRC)
covering the period of April 1, 2012,
through March 31, 2013. The
Department is notifying the public that
the final judgment in this case is not in
harmony with the final results of the
administrative review, and that the
Department is amending the final
results.
DATES: Effective Date: February 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Robert Palmer, AD/CVD Operations
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–9068.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 25, 2014, the
Department issued AR6 Final Results.1
The petitioners 2 and Carbon Activated
Corporation (Carbon Activated), a U.S.
importer of subject merchandise,
challenged certain aspects of AR6 Final
Results. The petitioners challenged the
Department’s final results regarding the
1 Certain Activated Carbon from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2012–2013, 79 FR
70163 (November 25, 2014) (AR6 Final Results) and
accompanying Issues and Decisions Memorandum
(IDM).
2 Calgon Carbon Corporation and Cabot Norit
Americas (collectively, the petitioners).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
10333
surrogate value (SV) used to value the
mandatory respondents’ 3 anthracite
coal. Carbon Activated challenged
several aspects of the Department’s final
results as they pertained to Shanxi DMD
Corporation (Shanxi DMD), which
supplied Carbon Activated’s imports of
subject merchandise and was found to
be part of the PRC-wide entity in AR6
Final Results. On January 20, 2016, the
Court in Calgon I remanded the
Department’s AR6 Final Results and
instructed the Department to reconsider
its selection of the anthracite coal SV,
and directed the Department to ‘‘assign
Shanxi DMD the all-others rate.’’ 4
On May 25, 2016, the Department
filed Remand I with the Court.5 Based
on Calgon I, which had ordered the
Department to ‘‘reconsider its selection
of an SV for anthracite coal’’ in AR6
Final Results, and based on the
Department’s finding that there were
multiple SVs of equal reliability for
anthracite coal on the record, the
Department determined to select the
anthracite coal SV based on which
secondary surrogate country was the
most significant producer of comparable
merchandise.6 As a result of relying on
significant production of comparable
merchandise in Remand I, the
Department valued anthracite coal using
contemporaneous SV data from
Thailand.7 Accordingly, the margins for
Cherishmet and Jacobi (the mandatory
respondents) were revised to $0.52/
kilogram (kg) and to $0.51/kg,
respectively.8
Additionally, we recalculated the
margin for those separate rate
companies whose entries were subject
to this litigation using the same method
we used in AR6 Final Results.9 Thus,
we calculated a weighted-average
margin of $0.51/kg based on the
publicly ranged U.S. sales quantities of
the mandatory respondents.10 The
3 The mandatory respondents are Jacobi Carbons
AB (Jacobi) and Ningxia Guanghua Cherishmet
Activated Carbon Co., Ltd. (Cherishmet).
4 See Calgon Carbon Corp. v. United States, 145
F. Supp. 3d 1312, 1322–23, 1326–29 (CIT 2016)
(Calgon I).
5 See Calgon Carbon Corp. et al. v. United States,
Consol. Court No. 14–00326, Slip Op. 16–4, Final
Results Of Redetermination Pursuant To Court
Remand, dated May 25, 2016, (Remand I).
6 See Remand I at 15–17, 31–36.
7 Id. at 15–17, 31–35.
8 Id. at 49.
9 Id. at 50–51. Specifically, in AR6 Final Results,
we calculated the separate rate by using the ranged
total sales quantities reported by the mandatory
respondents from the public versions of their
submissions to calculate a weighted-average margin
because we found that methodology is more
appropriate than calculating a simple average of the
mandatory respondents’ margins. See AR6 Final
Results, 79 FR at 70164.
10 See Remand I at 50–51.
E:\FR\FM\10FEN1.SGM
10FEN1
]]>Agencies
[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Notices]
[Pages 10332-10333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02789]
[[Page 10332]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-970]
Multilayered Wood Flooring From the People's Republic of China:
Correction to the Final Results of Antidumping Duty Administrative
Review, Rescission of Review, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is amending the
final results of the third administrative review of the antidumping
duty (``AD'') order on Multilayered Wood Flooring (``MLWF'') from the
People's Republic of China (``PRC'') to correct a ministerial error.
The Department has reviewed Linyi Anying's allegation and determined
that there was an error in the review of Linyi Anying's No Shipment
Certification.
DATES: Effective Date: July 19, 2016.
FOR FURTHER INFORMATION CONTACT: William Horn, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-2615.
SUPPLEMENTARY INFORMATION:
Background
On July 19, 2016, the Department published the final results of the
third administrative review of the AD order on MLWF from the PRC.\1\ On
August 11, 2016, the Department published a correction to the Final
Results to include a list of PRC-wide entity companies omitted from the
Final Results.\2\ Linyi Anying Wood Co., Ltd. (``Anying'') was included
within the PRC-wide entity. The period of review (``POR'') is December
1, 2013, through November 30, 2014. On August 12, 2016, the Department
received a ministerial error allegation on behalf of Anying.
---------------------------------------------------------------------------
\1\ Multilayered Wood Flooring from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review,
2013-2014, 81 FR 46899 (July 19, 2016).
\2\ Multilayered Wood Flooring from the People's Republic of
China: Correction to the Final Results of the Antidumping Duty
Administrative Review, 81 FR 53120 (August 11, 2016).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order includes MLWF, subject to
certain exceptions.\3\ Imports of the subject merchandise are provided
for under the following subheadings of the Harmonized Tariff Schedule
of the United States (``HTSUS''): 4412.31.0520; 4412.31.0540;
4412.31.0560; 4412.31.2510; 4412.31.2520; 4412.31.3175; 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; 4412.31.5175;
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. While HTSUS subheadings are provided
for convenience and customs purposes, the written description of the
subject merchandise is dispositive.
---------------------------------------------------------------------------
\3\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, regarding ``Issues and Decision Memorandum for the Final
Results of the 2013-2014 Antidumping Duty Administrative Review of
Multilayered Wood Flooring from the People's Republic of China,''
(``Final Results IDM''), dated July 12, 2016 for a complete
description of the Scope of the Order.
---------------------------------------------------------------------------
Ministerial Error
The Department will, if appropriate, correct any ministerial errors
by amending the final results of review. Section 751(h) of the Tariff
Act of 1930, as amended (``the Act''), and 19 CFR 351.224(f) define a
``ministerial error'' as an error ``in addition, subtraction, or other
arithmetic function, clerical error resulting from inaccurate copying,
duplication, or the like, and any other similar type of unintentional
error which the Secretary considers ministerial.''
On August 12, 2016, Anying submitted a ministerial error
allegation. On August 18, 2016, Anying filed a complaint with the U.S.
Court of International Trade (``CIT'') contesting the application of
the PRC-entity rate on the same grounds as the ministerial error
allegation.\4\ On November 10, 2016, the CIT granted the Department
leave to consider the ministerial error allegation filed by Anying and,
if necessary, to publish amended final results.\5\
---------------------------------------------------------------------------
\4\ See Linyi Anying Wood Co., Ltd and Lumber Liquidators
Services, LLC vs. United States, Court No. 16-00159 (ECF Dkt. No.
6).
\5\ See id. (ECF Dkt. No. 25, dated November 10, 2016).
---------------------------------------------------------------------------
Anying alleges that, although the it submitted a ``no shipments''
certificate in the third administrative review, the Department failed
to rescind the administrative review for Anying. As a result, it was
incorrectly included within the PRC-entity and subject to the PRC-wide
rate. We have determined that we made a ministerial error and we have
determined that Anying had no shipments during the POR.\6\
---------------------------------------------------------------------------
\6\ For a full discussion see Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations to Ronald K. Lorentzen, Acting
Assistant Secretary for Enforcement and Compliance re: Third
Antidumping Administrative Review of Multilayered Wood Flooring from
the People's Republic of China: Ministerial Error Memorandum
(``Ministerial Error Memo'') dated concurrently with this notice.
---------------------------------------------------------------------------
Amended Final Results
Because the Department has determined that Anying had no shipments
during the POR, we hereby rescind the review with respect to Anying. As
a result, Anying will maintain its cash deposit rate from the most
recently completed review in which it participated. This correction to
the final results of administrative review is issued and published in
accordance with sections 751(h) and 777(i)(2)(i) of the Act.
Instructions to U.S. Customs and Border Protection
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), the Department determines, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise,
where applicable, in
[[Page 10333]]
accordance with the amended final results of this review. If the
Department determines that an exporter under review had no shipments of
subject merchandise, any suspended entries that entered under that
exporter's case number will be liquidated at the PRC-wide rate.\7\ The
Department intends to issue assessment instructions to CBP 15 days
after the date of publication of these amended final results of review.
---------------------------------------------------------------------------
\7\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirement will be effective July 19,
2016, for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after that date, as
provided for by section 751(a)(2)(C) of the Act. For Anying, which had
no reviewable transactions during the POR, the cash deposit rate will
remain unchanged from the rate assigned in the most recently completed
review of the company.
Notifications to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 35 1.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This correction to the final results of administrative review is
issued and published in accordance with sections 751(h) and
777(i)(2)(i) of the Act, and 19 CFR 351.224(e) of the Department's
regulations.
Dated: February 6, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-02789 Filed 2-9-17; 8:45 am]
BILLING CODE 3510-DS-P
