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]

Download as PDF 10332 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