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]
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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 https://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 https://
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]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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 https://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 https://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
---------------------------------------------------------------------------
\7\ See Issues and Decision Memorandum at Appendix I.
---------------------------------------------------------------------------
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
