Multilayered Wood Flooring from the People's Republic of China: Clarification of the Scope of the Antidumping and Countervailing Duty Orders, 18420-18421 [2017-07910]
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18420
Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Notices
Regulations, including notice in the
Federal Register inviting public
comment (82 FR 11341–11342, February
22, 2017). The FTZ staff examiner
reviewed the application and
determined that it meets the criteria for
approval. Pursuant to the authority
delegated to the FTZ Board’s Executive
Secretary (15 CFR 400.36(f)), the
application to expand Subzone 20E is
approved, subject to the FTZ Act and
the Board’s regulations, including
§ 400.13, and further subject to FTZ 20’s
2,000-acre activation limit.
Dated: April 13, 2017.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2017–07899 Filed 4–18–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970; C–570–971]
Multilayered Wood Flooring from the
People’s Republic of China:
Clarification of the Scope of the
Antidumping and Countervailing Duty
Orders
Enforcement and Compliance,
International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce
(the Department) has issued numerous
scope determinations finding that wood
flooring products consisting of only two
layers are outside the scope of the
antidumping and countervailing duty
orders on multilayered wood flooring
(MLWF) from the People’s Republic of
China (PRC). The products subject to
these rulings typically (but not
exclusively) consist of a single wood
veneer layer, or ply, in combination
with a base layer of various
constructions and materials. Due to the
large number of scope ruling requests
concerning the aforementioned twolayer MLWF products since the
imposition of the Orders, the
Department finds it necessary to clarify
the scope of the orders. Interested
parties are invited to comment on this
scope clarification.
DATES: Effective April 19, 2017.
FOR FURTHER INFORMATION CONTACT:
Jesus Saenz or Michael Bowen, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
202–482–8184 or 202–482–0768,
respectively.
SUPPLEMENTARY INFORMATION:
jstallworth on DSK7TPTVN1PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
15:06 Apr 18, 2017
Jkt 241001
Background
The regulations governing the
Department’s scope determinations are
found at 19 CFR 351.225. In past scope
determinations,1 in accordance with 19
CFR 351.225(k)(1), the Department has
relied on the description of the
merchandise contained in the petitions,
the initial investigations, prior scope
determinations, and rulings by the ITC
to determine that two-layer MLWF
products are outside the scope of the
Orders.2
Scope of the Orders
Multilayered wood flooring is
composed of an assembly of two or
more layers or plies of wood veneer(s)
in combination with a core. The several
layers, along with the core, are glued or
otherwise bonded together to form a
final assembled product. Multilayered
wood flooring is often referred to by
other terms, e.g., ‘‘engineered wood
flooring’’ or ‘‘plywood flooring.’’
Regardless of the particular terminology,
all products that meet the description
set forth herein are intended for
inclusion within the definition of
subject merchandise.
All multilayered wood flooring is
included within the definition of subject
merchandise, without regard to:
Dimension (overall thickness, thickness
of face ply, thickness of back ply,
thickness of core, and thickness of inner
plies; width; and length); wood species
used for the face, back and inner
veneers; core composition; and face
grade. Multilayered wood flooring
included within the definition of subject
merchandise may be unfinished (i.e.,
without a finally finished surface to
protect the face veneer from wear and
tear) or ‘‘prefinished’’ (i.e., a coating
applied to the face veneer, including,
but not exclusively, oil or oil-modified
or water-based polyurethanes, ultraviolet light cured polyurethanes, wax,
epoxy-ester finishes, moisture-cured
1 See e.g., Department Memorandum, ‘‘Final
Scope Ruling on the Antidumping and
Countervailing Duty Orders on Multilayered Wood
Flooring from the People’s Republic of China:
Request by Dunhua Shengda Wood Industry Co.,
Ltd. dated December 14, 2016 and Department
Memorandum, ‘‘Final Scope Ruling on the
Antidumping and Countervailing Duty Orders on
Multilayered Wood Flooring from the People’s
Republic of China: Request by Alston, Inc.’’ dated
March 12, 2013.
2 See Multilayered Wood Flooring from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order, 76 FR 76690 (December
8, 2011) and Multilayered Wood Flooring from the
People’s Republic of China: Countervailing Duty
Order, 76 FR 76693 (December 8, 2011), as
amended, Multilayered Wood Flooring from the
People’s Republic of China: Amended Antidumping
and Countervailing Duty Orders, 77 FR 5484
(February 3, 2012) (collectively, Orders).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
urethanes and acid-curing formaldehyde
finishes). The veneers may be also
soaked in an acrylic-impregnated finish.
All multilayered wood flooring is
included within the definition of subject
merchandise regardless of whether the
face (or back) of the product is smooth,
wire brushed, distressed by any method
or multiple methods, or hand-scraped.
In addition, all multilayered wood
flooring is included within the
definition of subject merchandise
regardless of whether or not it is
manufactured with any interlocking or
connecting mechanism (for example,
tongue-and-groove construction or
locking joints). All multilayered wood
flooring is included within the
definition of the subject merchandise
regardless of whether the product meets
a particular industry or similar
standard.
The core of multilayered wood
flooring may be composed of a range of
materials, including but not limited to
hardwood or softwood veneer,
particleboard, medium-density
fiberboard, high-density fiberboard
(‘‘HDF’’), stone and/or plastic
composite, or strips of lumber placed
edge-to-edge.
Multilayered wood flooring products
generally, but not exclusively, may be in
the form of a strip, plank, or other
geometrical patterns (e.g., circular,
hexagonal). All multilayered wood
flooring products are included within
this definition regardless of the actual or
nominal dimensions or form of the
product. Specifically excluded from the
scope are cork flooring and bamboo
flooring, regardless of whether any of
the sub-surface layers of either flooring
are made from wood. Also excluded is
laminate flooring. Laminate flooring
consists of a top wear layer sheet not
made of wood, a decorative paper layer,
a core-layer of HDF, and a stabilizing
bottom layer.
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;
4412.31.0620; 4412.31.0640;
4412.31.0660; 4412.31.2510;
4412.31.2520; 4412.31.2610;
4412.31.2620; 4412.31.3175;
4412.31.4040; 4412.31.4050;
4412.31.4060; 4412.31.4070;
4412.31.4075; 4412.31.4080;
4412.31.4140; 4412.31.4160;
4412.31.4175; 4412.31.5125;
4412.31.5135; 4412.31.5155;
4412.31.5165; 4412.31.5175;
4412.31.5225; 4412.31.6000;
4412.31.9100; 4412.32.0520;
4412.32.0540; 4412.32.0560;
E:\FR\FM\19APN1.SGM
19APN1
Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Notices
4412.32.0565; 4412.32.0570;
4412.32.0640; 4412.32.0665;
4412.32.2510; 4412.32.2520;
4412.32.2525; 4412.32.2530;
4412.32.2610; 4412.32.2625;
4412.32.3125; 4412.32.3135;
4412.32.3155; 4412.32.3165;
4412.32.3175; 4412.32.3185;
4412.32.3225; 4412.32.5600;
4412.32.5700; 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; 4418.74.2000;
4418.74.9000; 4418.75.4000;
4418.75.7000; 4418.79.0100; and
9801.00.2500.
While HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
subject merchandise is dispositive.
jstallworth on DSK7TPTVN1PROD with NOTICES
Clarification of the Scope of the Orders
The Department intends to clarify the
scope language by specifying that
MLWF products covered by the scope of
the Orders are products composed of a
minimum of three layers. We intend to
revise the first paragraph of the scope of
the order as follows:
Multilayered wood flooring is composed of
an assembly of two or more layers or plies
of wood veneer(s) 3 in combination with a
core (i.e. a minimum of three layers). The
several layers, along with the core, are glued
or otherwise bonded together to form a final
assembled product. Multilayered wood
flooring is often referred to by other terms,
e.g., ‘‘engineered wood flooring’’ or
‘‘plywood flooring.’’ Regardless of the
particular terminology, all products that meet
3A
‘‘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.
VerDate Sep<11>2014
15:06 Apr 18, 2017
Jkt 241001
the description set forth herein are intended
for inclusion within the definition of subject
merchandise.
We intend to notify U.S. Customs and
Border Protection of this scope
clarification.
Submission of Comments
Interested parties wishing to comment
on this scope clarification should file
comments within ten days of the
publication date of this notice. All
submissions must be filed electronically
using Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). An electronically-filed
document must be received successfully
in its entirety by 5 p.m., Eastern Time
on the date comments due. Further, in
accordance with 19 CFR 51.303(f)(1)(i),4
a copy must be served on every party on
the Department’s scope service list by
personal service or first class mail. All
comments responding to this notice will
be a matter of public record and will be
available on ACCESS.
Dated: April 14, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for AD/
CVD Operations.
[FR Doc. 2017–07910 Filed 4–18–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–857]
Certain Softwood Lumber Products
from Canada: Postponement of
Preliminary Determination of
Antidumping Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective April 19, 2017.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Pedersen at (202) 482–2769 or
Robert Galantucci at (202) 482–2923,
AD/CVD Operations, Enforcement and
Compliance, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
18421
lumber products from Canada.1 Section
733(b)(1)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.205(b)(1) state that the Department
will make a preliminary determination
no later than 140 days after the date of
the initiation. Accordingly, the
preliminary determination of this
antidumping duty investigation is
currently due no later than May 4, 2017.
Postponement of Preliminary
Determination
On March 30, 2017, the Committee
Overseeing Action for Lumber
International Trade Investigations or
Negotiations (Petitioner) made a timely
request, pursuant to 19 CFR 351.205(e),
for postponement of the preliminary
determination, to ensure that the
Department has sufficient time to obtain
and review all relevant information
from the parties to this proceeding.2
Because there are no compelling reasons
to deny the request, in accordance with
section 733(c)(1)(A) of the Act, the
Department is postponing the deadline
for the preliminary determination by 50
days.
For the reasons stated above, the
Department, in accordance with section
733(c)(1)(A) of the Act, is postponing
the deadline for the preliminary
determination to no later than 190 days
after the date on which the Department
initiated this investigation. Therefore,
the new deadline for the preliminary
determination is June 23, 2017. In
accordance with section 735(a)(1) of the
Act, the deadline for the final
determination of this investigation will
continue to be 75 days after the date of
the preliminary determination, unless
postponed at a later date.
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: April 14, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2017–07922 Filed 4–18–17; 8:45 am]
BILLING CODE 3510–DS–P
Background
On December 15, 2016, the
Department of Commerce (the
Department) initiated an antidumping
duty investigation of certain softwood
4 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
PO 00000
Frm 00006
Fmt 4703
Sfmt 9990
1 See Certain Softwood Lumber Products from
Canada: Initiation of Less-Than-Fair-Value
Investigation, 81 FR 93892 (December 15, 2016).
2 See Letter from Petitioner, ‘‘Certain Softwood
Lumber Products from Canada: Petitioner’s Request
to Extend Preliminary Determination,’’ dated March
30, 2017.
E:\FR\FM\19APN1.SGM
19APN1
]]>Agencies
[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Notices]
[Pages 18420-18421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07910]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-970; C-570-971]
Multilayered Wood Flooring from the People's Republic of China:
Clarification of the Scope of the Antidumping and Countervailing Duty
Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: The Department of Commerce (the Department) has issued
numerous scope determinations finding that wood flooring products
consisting of only two layers are outside the scope of the antidumping
and countervailing duty orders on multilayered wood flooring (MLWF)
from the People's Republic of China (PRC). The products subject to
these rulings typically (but not exclusively) consist of a single wood
veneer layer, or ply, in combination with a base layer of various
constructions and materials. Due to the large number of scope ruling
requests concerning the aforementioned two-layer MLWF products since
the imposition of the Orders, the Department finds it necessary to
clarify the scope of the orders. Interested parties are invited to
comment on this scope clarification.
DATES: Effective April 19, 2017.
FOR FURTHER INFORMATION CONTACT: Jesus Saenz or Michael Bowen, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: 202-482-8184 or 202-482-
0768, respectively.
SUPPLEMENTARY INFORMATION:
Background
The regulations governing the Department's scope determinations are
found at 19 CFR 351.225. In past scope determinations,\1\ in accordance
with 19 CFR 351.225(k)(1), the Department has relied on the description
of the merchandise contained in the petitions, the initial
investigations, prior scope determinations, and rulings by the ITC to
determine that two-layer MLWF products are outside the scope of the
Orders.\2\
---------------------------------------------------------------------------
\1\ See e.g., Department Memorandum, ``Final Scope Ruling on the
Antidumping and Countervailing Duty Orders on Multilayered Wood
Flooring from the People's Republic of China: Request by Dunhua
Shengda Wood Industry Co., Ltd. dated December 14, 2016 and
Department Memorandum, ``Final Scope Ruling on the Antidumping and
Countervailing Duty Orders on Multilayered Wood Flooring from the
People's Republic of China: Request by Alston, Inc.'' dated March
12, 2013.
\2\ See Multilayered Wood Flooring from the People's Republic of
China: Amended Final Determination of Sales at Less Than Fair Value
and Antidumping Duty Order, 76 FR 76690 (December 8, 2011) and
Multilayered Wood Flooring from the People's Republic of China:
Countervailing Duty Order, 76 FR 76693 (December 8, 2011), as
amended, Multilayered Wood Flooring from the People's Republic of
China: Amended Antidumping and Countervailing Duty Orders, 77 FR
5484 (February 3, 2012) (collectively, Orders).
---------------------------------------------------------------------------
Scope of the Orders
Multilayered wood flooring is composed of an assembly of two or
more layers or plies of wood veneer(s) in combination with a core. The
several layers, along with the core, are glued or otherwise bonded
together to form a final assembled product. Multilayered wood flooring
is often referred to by other terms, e.g., ``engineered wood flooring''
or ``plywood flooring.'' Regardless of the particular terminology, all
products that meet the description set forth herein are intended for
inclusion within the definition of subject merchandise.
All multilayered wood flooring is included within the definition of
subject merchandise, without regard to: Dimension (overall thickness,
thickness of face ply, thickness of back ply, thickness of core, and
thickness of inner plies; width; and length); wood species used for the
face, back and inner veneers; core composition; and face grade.
Multilayered wood flooring included within the definition of subject
merchandise may be unfinished (i.e., without a finally finished surface
to protect the face veneer from wear and tear) or ``prefinished''
(i.e., a coating applied to the face veneer, including, but not
exclusively, oil or oil-modified or water-based polyurethanes, ultra-
violet light cured polyurethanes, wax, epoxy-ester finishes, moisture-
cured urethanes and acid-curing formaldehyde finishes). The veneers may
be also soaked in an acrylic-impregnated finish. All multilayered wood
flooring is included within the definition of subject merchandise
regardless of whether the face (or back) of the product is smooth, wire
brushed, distressed by any method or multiple methods, or hand-scraped.
In addition, all multilayered wood flooring is included within the
definition of subject merchandise regardless of whether or not it is
manufactured with any interlocking or connecting mechanism (for
example, tongue-and-groove construction or locking joints). All
multilayered wood flooring is included within the definition of the
subject merchandise regardless of whether the product meets a
particular industry or similar standard.
The core of multilayered wood flooring may be composed of a range
of materials, including but not limited to hardwood or softwood veneer,
particleboard, medium-density fiberboard, high-density fiberboard
(``HDF''), stone and/or plastic composite, or strips of lumber placed
edge-to-edge.
Multilayered wood flooring products generally, but not exclusively,
may be in the form of a strip, plank, or other geometrical patterns
(e.g., circular, hexagonal). All multilayered wood flooring products
are included within this definition regardless of the actual or nominal
dimensions or form of the product. Specifically excluded from the scope
are cork flooring and bamboo flooring, regardless of whether any of the
sub-surface layers of either flooring are made from wood. Also excluded
is laminate flooring. Laminate flooring consists of a top wear layer
sheet not made of wood, a decorative paper layer, a core-layer of HDF,
and a stabilizing bottom layer.
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;
4412.31.0620; 4412.31.0640; 4412.31.0660; 4412.31.2510; 4412.31.2520;
4412.31.2610; 4412.31.2620; 4412.31.3175; 4412.31.4040; 4412.31.4050;
4412.31.4060; 4412.31.4070; 4412.31.4075; 4412.31.4080; 4412.31.4140;
4412.31.4160; 4412.31.4175; 4412.31.5125; 4412.31.5135; 4412.31.5155;
4412.31.5165; 4412.31.5175; 4412.31.5225; 4412.31.6000; 4412.31.9100;
4412.32.0520; 4412.32.0540; 4412.32.0560;
[[Page 18421]]
4412.32.0565; 4412.32.0570; 4412.32.0640; 4412.32.0665; 4412.32.2510;
4412.32.2520; 4412.32.2525; 4412.32.2530; 4412.32.2610; 4412.32.2625;
4412.32.3125; 4412.32.3135; 4412.32.3155; 4412.32.3165; 4412.32.3175;
4412.32.3185; 4412.32.3225; 4412.32.5600; 4412.32.5700; 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; 4418.74.2000; 4418.74.9000; 4418.75.4000;
4418.75.7000; 4418.79.0100; and 9801.00.2500.
While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the subject merchandise is
dispositive.
Clarification of the Scope of the Orders
The Department intends to clarify the scope language by specifying
that MLWF products covered by the scope of the Orders are products
composed of a minimum of three layers. We intend to revise the first
paragraph of the scope of the order as follows:
Multilayered wood flooring is composed of an assembly of two or
more layers or plies of wood veneer(s) \3\ in combination with a
core (i.e. a minimum of three layers). The several layers, along
with the core, are glued or otherwise bonded together to form a
final assembled product. Multilayered wood flooring is often
referred to by other terms, e.g., ``engineered wood flooring'' or
``plywood flooring.'' Regardless of the particular terminology, all
products that meet the description set forth herein are intended for
inclusion within the definition of subject merchandise.
---------------------------------------------------------------------------
\3\ 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.
We intend to notify U.S. Customs and Border Protection of this
scope clarification.
Submission of Comments
Interested parties wishing to comment on this scope clarification
should file comments within ten days of the publication date of this
notice. All submissions must be filed electronically using Enforcement
and Compliance's Antidumping and Countervailing Duty Centralized
Electronic Service System (ACCESS). An electronically-filed document
must be received successfully in its entirety by 5 p.m., Eastern Time
on the date comments due. Further, in accordance with 19 CFR
51.303(f)(1)(i),\4\ a copy must be served on every party on the
Department's scope service list by personal service or first class
mail. All comments responding to this notice will be a matter of public
record and will be available on ACCESS.
---------------------------------------------------------------------------
\4\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
Dated: April 14, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for AD/CVD Operations.
[FR Doc. 2017-07910 Filed 4-18-17; 8:45 am]
BILLING CODE 3510-DS-P
