Multilayered Wood Flooring From the People's Republic of China: Final Results of Expedited First Sunset Review of the Countervailing Duty Order, 12555-12556 [2017-04271]

Download as PDF Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise is dispositive. [FR Doc. 2017–04432 Filed 3–3–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–971] Multilayered Wood Flooring From the People’s Republic of China: Final Results of Expedited First Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) finds that revocation of the countervailing duty (CVD) order on multilayered wood flooring (MLWF) from the People’s Republic of China (PRC) would likely lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Effective March 6, 2017. FOR FURTHER INFORMATION CONTACT: Robert James or John Anwesen, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW., Washington, DC 20230; telephone: (202) 482–0649 or (202) 482–0131, respectively. AGENCY: SUPPLEMENTARY INFORMATION: asabaliauskas on DSK3SPTVN1PROD with NOTICES Background On November 1, 2016, the Department initiated the first sunset review of the CVD order on MLWF from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.218(c).1 The Department received a notice of intent to participate in the review on behalf of the Coalition for American Hardwood Parity and its member companies, Cumberland Products Group, LLC, d/b/a American OEM Wood Floors, Mannington Mills, Inc., Mohawk Industries, Inc., Shaw Industries Group, Inc. (collectively, CAHP), within the deadline specified in 19 CFR 351.218(d)(1)(i).2 CAHP claimed 8432.90.0005, 8432.90.0015, 8432.90.0030, 8432.90.0080, and 8716.90.5055. 1 See Initiation of Five-Year (‘‘Sunset’’) Reviews, 81 FR 75808 (November 1, 2016). 2 See Coalition for American Hardwood Parity et al.’s Notice of Intent to Participate entitled, ‘‘Petitioners’ Notice of Intent to Participate: Five- VerDate Sep<11>2014 19:24 Mar 03, 2017 Jkt 241001 interested party status under section 771(9)(C) and (F) of the Act, as domestic producers of the domestic like product and an association comprised of domestic producers. The Department received an adequate substantive response from the domestic industry within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).3 The Department did not receive a substantive response from any government or respondent interested party to the proceeding. Because the Department received no response from the respondent interested parties, the Department conducted an expedited review of this CVD order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). Scope of the Order The products covered by this order are certain multilayered wood flooring which are composed of an assembly of two or more layers or plies of wood veneer(s) 4 in combination with a core. Imports of the subject merchandise are provided for under the following subheadings of the Harmonized Tariff Schedule of the United States (HTSUS): 4412.31.0620; 4412.31.0640; 4412.31.0660; 4412.31.2610; 4412.31.2620; 4412.31.4140; 4412.31.4160; 4412.31.4175; 4412.31.5225; 4412.32.0640; 4412.32.0665; 4412.32.2610; 4412.32.2625; 4412.32.3225; 4412.32.5700; 4418.74.2000; 4418.74.9000; 4418.75.4000; 4418.75.7000; 4418.79.0100; 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; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540; 4412.32.0560; 4412.32.2510; 4412.32.2520; 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; Year (‘‘Sunset’’) Review: Multilayered Wood Flooring from the People’s Republic of China,’’ dated November 16, 2016. 3 See Coalition for American Hardwood Parity et al.’s Substantive Response entitled ‘‘Petitioner’s Substantive Response: Five Year (‘‘Sunset’’) Review: Multilayered Wood Flooring from the People’s Republic of China,’’ dated December 1, 2016. 4 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. PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 12555 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; 4412.99.5710; 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 9801.00.2500.5 Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive. For a full description of the scope, see the Issues and Decision Memorandum, which is hereby adopted by this notice.6 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty 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 at http:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. 5 The following HTS numbers were added to the Case Reference File in ACE: 9801.00.2500, 4412.31.0620, 4412.31.0640, 4412.31.0660, 4412.31.2610, 4412.31.2620, 4412.31.4140, 4412.31.4160, 4412.31.4175, 4412.31.5225, 4412.32.0640, 4412.32.0665, 4412.32.2610, 4412.32.2625, 4412.32.3225, 4412.32.5700, 4418.74.2000, 4418.74.9000, 4418.75.4000, 4418.75.7000, 4418.79.0100. See Memorandum regarding: Multilayered Wood Flooring from the PRC, Modification of the Case Reference File in ACE, dated February 8, 2017; see also Memorandum regarding: Multilayered Wood Flooring from the People’s Republic of China: A– 570–970, C–570–971, dated February 9, 2017. 6 See Department Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Countervailing Duty Order on Multilayered Wood Flooring from the People’s Republic of China’’ (Issues and Decision Memorandum), dated concurrently with this final notice. E:\FR\FM\06MRN1.SGM 06MRN1 12556 Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum. The issues discussed in the Issues and Decision Memorandum address the likelihood of continuation or recurrence of a countervailable subsidy, the net countervailable subsidy likely to prevail if the order were revoked, and the nature of the subsidy. Final Results of Review of the CVD order on MLWF from the PRC would be likely to lead to continuation or recurrence of countervailable subsidies at the rates listed below: Pursuant to section 752(b)(1) and (3) of the Act, we determine that revocation Net subsidy rate % (ad valorem) Exporter/manufacturer Fine Furniture (Shanghai) Ltd.; Great Wood (Tonghua) Ltd.; Fine Furniture Plantation (Shishou) Ltd ..................................... All-Others ..................................................................................................................................................................................... 124 Non-Cooperating Companies 7 ............................................................................................................................................. Notification Regarding Administrative Protective Order This notice serves as the only 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. Timely notification of 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 violation which is subject to sanction. The Department is issuing and publishing these final results and notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: February 27, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–04271 Filed 3–3–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–870, C–542–801] Certain New Pneumatic Off-the-Road Tires From India and Sri Lanka: Amended Final Affirmative Countervailing Duty Determination for India and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing countervailing duty orders on certain new pneumatic asabaliauskas on DSK3SPTVN1PROD with NOTICES AGENCY: 7 See Issues and Decision Memorandum at Appendix I. VerDate Sep<11>2014 19:24 Mar 03, 2017 Jkt 241001 off-the-road tires (off road tires) from India and Sri Lanka. In addition, the Department is amending its final determination with respect to India, as a result of ministerial errors. DATES: Effective March 6, 2017. FOR FURTHER INFORMATION CONTACT: Gene Calvert (India); Whitley Herndon (Sri Lanka); AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3586 or (202) 482–6274, respectively. SUPPLEMENTARY INFORMATION: Background In accordance with sections 705(d) and 777(i) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on January 10, 2017, the Department published its final determinations in the countervailing duty investigations of off road tires from India and Sri Lanka.1 On February 23, 2017, the ITC notified the Department of its final determination that an industry in the United States is materially injured by reason of subsidized imports of subject merchandise from India and Sri Lanka within the meaning of section 705(b)(1)(A)(i) of the Act, and its determination that critical circumstances do not exist with respect to imports of subject merchandise from India and Sri Lanka that are subject to the Department’s affirmative critical circumstances finding.2 1 See Countervailing Duty Investigation of Certain New Pneumatic Off-the-Road Tires from India: Final Affirmative Determination, and Final Affirmative Critical Circumstances Determination, in Part, 82 FR 2946 (January 10, 2017) (India Final Determination); and Certain New Pneumatic Offthe-Road Tires from Sri Lanka: Final Affirmative Countervailing Duty Determination, and Final Determination of Critical Circumstances, 82 FR 2949 (January 10, 2017). 2 See Letter to Ronald Lorentzen, Acting Assistant Secretary of Commerce for Enforcement and Compliance, from Rhonda K. Schmidtlein, Chairman of the U.S. International Trade Commission, regarding off the road tires from the PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 1.90 2.27 27.37 Scope of the Orders The products covered by these orders are off road tires, which are tires with an off road tire size designation. For a complete description of the scope of the orders, see Appendix I. Amendment to India Final Determination On January 17, 2017, ATC Tires Private Limited (ATC) alleged that the Department made ministerial errors in the India Final Determination.3 A ministerial error is defined 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.4 The Department reviewed the record and agrees that the errors referenced in ATC’s allegation constitute ministerial errors within the meaning of 19 CFR 351.224(f).5 Specifically, the Department double-counted the benefit ATC received through the Central Sales Tax Reimbursement Program and inadvertently treated a stamp duty exemption as a subsidy received during the POI when the record indicates it was received prior to the POI.6 Pursuant to 19 CFR 351.224(e), the Department is amending the India Final Determination to reflect the correction of the ministerial errors described above. India and Sri Lanka (February 23, 2017). See also Certain New Pneumatic Off-the-Road Tires from India and Sri Lanka, Investigation Nos. 701–TA– 552–553 and 731–TA–1308 (Final), USITC Publication 4669 (February 2017). 3 See Letter from ATC, ‘‘Certain New Pneumatic Off-the-Road Tires from India: Ministerial Error Comments on the Final Determination,’’ dated January 17, 2017. 4 See section 705(e) of the Act. 5 See Memorandum to Jim Maeder, Senior Director for Antidumping and Countervailing Duty Operations ‘‘Countervailing Duty Investigation of Certain New Pneumatic Off-the-Road Tires from India: Ministerial Error Comments on the Final Determination’’ (February 27, 2017). 6 Id. E:\FR\FM\06MRN1.SGM 06MRN1

Agencies

[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12555-12556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04271]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-971]


Multilayered Wood Flooring From the People's Republic of China: 
Final Results of Expedited First Sunset Review of the Countervailing 
Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) finds that 
revocation of the countervailing duty (CVD) order on multilayered wood 
flooring (MLWF) from the People's Republic of China (PRC) would likely 
lead to continuation or recurrence of a countervailable subsidy at the 
levels indicated in the ``Final Results of Review'' section of this 
notice.

DATES: Effective March 6, 2017.

FOR FURTHER INFORMATION CONTACT: Robert James or John Anwesen, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Ave. NW., Washington, DC 20230; telephone: (202) 482-0649 or (202) 482-
0131, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 1, 2016, the Department initiated the first sunset 
review of the CVD order on MLWF from the PRC pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.218(c).\1\ The Department received a notice of intent to 
participate in the review on behalf of the Coalition for American 
Hardwood Parity and its member companies, Cumberland Products Group, 
LLC, d/b/a American OEM Wood Floors, Mannington Mills, Inc., Mohawk 
Industries, Inc., Shaw Industries Group, Inc. (collectively, CAHP), 
within the deadline specified in 19 CFR 351.218(d)(1)(i).\2\ CAHP 
claimed interested party status under section 771(9)(C) and (F) of the 
Act, as domestic producers of the domestic like product and an 
association comprised of domestic producers.
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    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 81 FR 
75808 (November 1, 2016).
    \2\ See Coalition for American Hardwood Parity et al.'s Notice 
of Intent to Participate entitled, ``Petitioners' Notice of Intent 
to Participate: Five-Year (``Sunset'') Review: Multilayered Wood 
Flooring from the People's Republic of China,'' dated November 16, 
2016.
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    The Department received an adequate substantive response from the 
domestic industry within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i).\3\ The Department did not receive a substantive 
response from any government or respondent interested party to the 
proceeding. Because the Department received no response from the 
respondent interested parties, the Department conducted an expedited 
review of this CVD order, pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(1)(ii)(C)(2).
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    \3\ See Coalition for American Hardwood Parity et al.'s 
Substantive Response entitled ``Petitioner's Substantive Response: 
Five Year (``Sunset'') Review: Multilayered Wood Flooring from the 
People's Republic of China,'' dated December 1, 2016.
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Scope of the Order

    The products covered by this order are certain multilayered wood 
flooring which are composed of an assembly of two or more layers or 
plies of wood veneer(s) \4\ in combination with a core. Imports of the 
subject merchandise are provided for under the following subheadings of 
the Harmonized Tariff Schedule of the United States (HTSUS): 
4412.31.0620; 4412.31.0640; 4412.31.0660; 4412.31.2610; 4412.31.2620; 
4412.31.4140; 4412.31.4160; 4412.31.4175; 4412.31.5225; 4412.32.0640; 
4412.32.0665; 4412.32.2610; 4412.32.2625; 4412.32.3225; 4412.32.5700; 
4418.74.2000; 4418.74.9000; 4418.75.4000; 4418.75.7000; 4418.79.0100; 
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; 4412.31.5125; 
4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.6000; 4412.31.9100; 
4412.32.0520; 4412.32.0540; 4412.32.0560; 4412.32.2510; 4412.32.2520; 
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; 4412.99.5710; 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.\5\ Although 
the HTSUS numbers are provided for convenience and customs purposes, 
the written product description remains dispositive. For a full 
description of the scope, see the Issues and Decision Memorandum, which 
is hereby adopted by this notice.\6\
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    \4\ 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.
    \5\ The following HTS numbers were added to the Case Reference 
File in ACE: 9801.00.2500, 4412.31.0620, 4412.31.0640, 4412.31.0660, 
4412.31.2610, 4412.31.2620, 4412.31.4140, 4412.31.4160, 
4412.31.4175, 4412.31.5225, 4412.32.0640, 4412.32.0665, 
4412.32.2610, 4412.32.2625, 4412.32.3225, 4412.32.5700, 
4418.74.2000, 4418.74.9000, 4418.75.4000, 4418.75.7000, 
4418.79.0100. See Memorandum regarding: Multilayered Wood Flooring 
from the PRC, Modification of the Case Reference File in ACE, dated 
February 8, 2017; see also Memorandum regarding: Multilayered Wood 
Flooring from the People's Republic of China: A-570-970, C-570-971, 
dated February 9, 2017.
    \6\ See Department Memorandum, ``Issues and Decision Memorandum 
for the Final Results of the Expedited First Sunset Review of the 
Countervailing Duty Order on Multilayered Wood Flooring from the 
People's Republic of China'' (Issues and Decision Memorandum), dated 
concurrently with this final notice.
---------------------------------------------------------------------------

    The Issues and Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty 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 at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic 
version of the Issues and Decision Memorandum are identical in content.

[[Page 12556]]

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum. The issues discussed in the Issues and Decision 
Memorandum address the likelihood of continuation or recurrence of a 
countervailable subsidy, the net countervailable subsidy likely to 
prevail if the order were revoked, and the nature of the subsidy.

Final Results of Review

    Pursuant to section 752(b)(1) and (3) of the Act, we determine that 
revocation of the CVD order on MLWF from the PRC would be likely to 
lead to continuation or recurrence of countervailable subsidies at the 
rates listed below:

------------------------------------------------------------------------
                                                       Net subsidy rate
                Exporter/manufacturer                   % (ad valorem)
------------------------------------------------------------------------
Fine Furniture (Shanghai) Ltd.; Great Wood (Tonghua)                1.90
 Ltd.; Fine Furniture Plantation (Shishou) Ltd......
All-Others..........................................                2.27
124 Non-Cooperating Companies \7\...................               27.37
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order
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    \7\ See Issues and Decision Memorandum at Appendix I.
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    This notice serves as the only 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. Timely 
notification of 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 violation which is subject 
to sanction.
    The Department is issuing and publishing these final results and 
notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the 
Act and 19 CFR 351.218.

    Dated: February 27, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-04271 Filed 3-3-17; 8:45 am]
BILLING CODE 3510-DS-P