Multilayered Wood Flooring From the People's Republic of China: Final Results and Partial Rescission of Antidumping Duty New Shipper Reviews; 2014-2015, 25773-25775 [2017-11560]
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Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the PRC-wide rate
of 111.73 percent; 7 and (4) for all nonPRC exporters of subject merchandise
which have not received their own rate,
the cash deposit rate will be the rate
applicable to the PRC exporter(s) that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in the
Department’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 order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
We are issuing and publishing these
final results and this notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: May 30, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–11564 Filed 6–2–17; 8:45 am]
asabaliauskas on DSKBBXCHB2PROD with NOTICES
BILLING CODE 3510–DS–P
7 See Pure Magnesium from the People’s Republic
of China: Final Results of the 2008–2009
Antidumping Duty Administrative Review of the
Antidumping Duty Order, 75 FR 80791 (December
23, 2010).
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17:31 Jun 02, 2017
Jkt 241001
DEPARTMENT OF COMMERCE
International Trade Administration
[C–357–821 and C–560–831]
Biodiesel From Argentina and
Indonesia: Postponement of
Preliminary Determinations of
Countervailing Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective June 5, 2017.
FOR FURTHER INFORMATION CONTACT: Elfi
Blum (Argentina) at (202) 482–0197, or
Joseph Traw (Indonesia) at (202) 482–
6079, AD/CVD Operations, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 12, 2017, the Department of
Commerce (Department) initiated
countervailing duty investigations
(CVD) on biodiesel from Argentina and
Indonesia.1 Currently, the preliminary
determinations of these investigations
are due no later than June 16, 2017.
Postponement of Preliminary
Determination
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires the
Department to issue the preliminary
determination in a CVD investigation
within 65 days after the date on which
the Department initiated the
investigation. However, section
703(c)(1)(A) of the Act and 19 CFR
351.205(e) allow the Department to
postpone the preliminary determination
at the request of the petitioner.
On May 22, 2017, the petitioner 2
submitted a timely request pursuant to
section 703(c)(1)(A) of the Act and 19
CFR 351.205(e) to postpone the
preliminary determinations.3 For the
reasons stated above and because there
are no compelling reasons to deny the
request, the Department, in accordance
with section 703(c)(1)(A) of the Act, is
postponing the deadline for the
preliminary determinations to no later
than 130 days after the day on which
the investigations were initiated.
Accordingly, the Department will issue
1 See Biodiesel from Argentina and Indonesia:
Initiation of Countervailing Duty Investigation, 82
FR 18423 (April 19, 2017).
2 The National Biodiesel Board Fair Trade
Coalition and its individual members.
3 See letter from the petitioner entitled ‘‘Biodiesel
from Argentina and Indonesia: Request For
Postponement Of The Preliminary Determinations,’’
dated May 22, 2017.
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25773
the preliminary determinations no later
than August 20, 2017. However, because
August 20, 2017 falls on a Sunday, the
preliminary determinations are now due
no later than August 21, 2017.4 In
accordance with section 705(a)(1) of the
Act and 19 CFR 351.210(b)(1), the
deadline for the final determinations of
these investigations will continue to be
75 days after the date of the preliminary
determinations, unless postponed at a
later date.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: May 26, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–11435 Filed 6–2–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970]
Multilayered Wood Flooring From the
People’s Republic of China: Final
Results and Partial Rescission of
Antidumping Duty New Shipper
Reviews; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Commerce.
SUMMARY: On December 28, 2016, the
Department of Commerce (the
Department) published the preliminary
results, and partial rescission, of the
new shipper reviews of the antidumping
duty (AD) order on multilayered wood
flooring (MLWF) from the People’s
Republic of China (PRC). Based on our
analysis of the comments received, we
continue to find Zhejiang Simite
Wooden Co., Ltd.’s (Simite Wooden)
sale to be non-bona fide. Therefore, we
are rescinding the new shipper review
(NSR) with respect to Simite Wooden.
We also continue to find that Jiangsu
Keri Wood Co., Ltd. (Keri Wood) did not
make a sale at less than normal value
(NV), and is eligible for a separate rate.
The final dumping margin for Keri
Wood is listed in the ‘‘Final Results of
Kerri Wood’s New Shipper Review’’
section of this notice, below.
DATES: Effective June 5, 2017.
FOR FURTHER INFORMATION CONTACT:
Maisha Cryor, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
AGENCY:
4 See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–5831.
SUPPLEMENTARY INFORMATION:
Background
asabaliauskas on DSKBBXCHB2PROD with NOTICES
On December 28, 2016, the
Department published its Preliminary
Results 1 of the NSRs of the AD order on
MLWF from the PRC. The period of
review (POR) for the new shipper
reviews (NSR) is December 1, 2014,
through November 30, 2015. These
reviews cover two producers/exporters
of subject merchandise: Simite Wooden
and Keri Wood.2 As discussed below,
we preliminarily found that the single
sale made by Simite Wooden is not
bona fide, and announced our
preliminary intent to rescind its NSR.
We also preliminarily determined that
Keri Wood made a single bona fide sale
which was not below NV and that it is
eligible for a separate rate. Simite
Wooden submitted its case brief on
February 17, 2017.3 For the final results
of this review, although we have made
certain further adjustments to our bona
fide analysis for Simite Wooden, we
continue to find Simite Wooden’s sale
to be non-bona fide. Therefore, we are
rescinding the NSR with respect to
Simite Wooden. We also continue to
find that Keri Wood did not make a sale
at less than NV and is eligible for a
separate rate. Therefore, with respect to
Keri Wood, our final results remain
unchanged from the Preliminary
Results.
For a complete description of the
events that followed the publication of
the Preliminary Results, see the Issues
1 See Multilayered Wood Flooring from the
People’s Republic of China: Preliminary Results and
Partial Rescission of Antidumping Duty New
Shipper Reviews; 2014–2015, 81 FR 95566
(December 28, 2016) (Preliminary Results); see also
Memorandum to Abdelali Elouaradia, Director,
Enforcement and Compliance, Office IV, from
Maisha Cryor, International Trade Compliance
Analyst, Enforcement and Compliance, Office IV
entitled ‘‘Antidumping Duty New Shipper Review
of Multilayered Wood Flooring from the People’s
Republic of China: Preliminary Bona Fide Sale
Analysis for Zhejiang Simite Wooden Co., Ltd.,
dated December 20, 2016 (Simite Wooden Prelim
Bona Fide Memo); Memorandum from Christian
Marsh, Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, to Paul
Piquado, Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for
Preliminary Results and Rescission, In Part, of
Antidumping Duty New Shipper Reviews, 2014–
2015: Mutilayered Wood Flooring from the People’s
Republic of China,’’ dated December 20, 2016
(Preliminary Decision Memorandum).
2 See Preliminary Results.
3 See Letter from Simite Wooden to the Secretary
of Commerce, ‘‘Multilayered Wood Flooring from
the People’s Republic of China; A–570–970; New
Shipper Review of Zhejiang Simite Wooden Co.,
Ltd.; Case Brief,’’ dated February 17, 2017.
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17:31 Jun 02, 2017
Jkt 241001
and Decision Memorandum.4 The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s AD
and Countervailing Duty (CVD)
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 directly 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.
Scope of the Order
The merchandise covered by the order
includes MLWF, subject to certain
exceptions.5 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;
4 See Memorandum from Gary Taveramn, Acting
Deputy Assistant Secretary, Antidumping and
Countervailing Operations, to Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and
Compliance, entitled ’’ Issues and Decision
Memorandum for the Final Results and the Partial
Rescission of the 2014–2015 Antidumping Duty
New Shipper Reviews: Multilayered Wood Flooring
from the People’s Republic of China’’ issued
concurrently with and hereby adopted by this
notice (Issues and Decision Memorandum).
5 Id.
PO 00000
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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.
Analysis of Comments Received
All issues raised in the case brief
submitted by Simite Wooden are
addressed in the Issues and Decision
Memorandum.6 A list of the issues
which parties raised is attached to this
notice as an Appendix.
Final Rescission of Simite Wooden’s
New Shipper Review
In the Preliminary Results, the
Department analyzed the bona fides of
Simite Wooden’s sale and preliminarily
found it was not a bona fide sale.7 Based
on the Department’s analysis of all of
the comments and record evidence of
this review, the Department has made
certain changes to its analysis, but still
continues to find that Simite Wooden’s
sale is not a bona fide sale. Accordingly,
we have determined to rescind this NSR
with respect to Simite Wooden.
For a complete discussion, see the
Simite Wooden Prelim Bona Fide Memo
and the Issues and Decision
Memorandum.
Final Results of Kerri Wood’s New
Shipper Review
No party filed a case brief in response
to the Department’s invitation to
comment on the Preliminary Results
with respect to our findings for Keri
Wood. Therefore, for these final results,
the Department has made no changes to
its calculations announced in the
Preliminary Results for this company.
For the final results of Kerri Wood’s
new shipper review, the Department
continues to determine that the
following weighted-average dumping
margin exists for the POR from
December 1, 2014, through November
30, 2015:
6 Id.
7 See
E:\FR\FM\05JNN1.SGM
Simite Wooden Prelim Bona Fide Memo.
05JNN1
Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices
Exporter
Producer
Jiangsu Keri
Wood Co.,
Ltd.
Weightedaverage
dumping
margin
(percent)
Jiangsu Keri
Wood Co.,
Ltd.
0.00
Assessment
The Department will determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries covered by the
NSR with respect to Keri Wood.8 The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of these final results
of review. The Department intends to
instruct CBP to liquidate entries of
subject merchandise Keri Wood without
regard to antidumping duties because its
weighted-average dumping margin in
these final results is zero.9 For entries
that were not reported in the U.S. sales
data submitted by Keri Wood, the
Department intends to instruct CBP to
liquidate such entries at the rate for the
PRC-wide entity.10
As the Department is rescinding the
NSR with respect to Simite Wooden, we
have not calculated a company-specific
dumping margin for Simite Wooden.
Simite Wooden’s entries covered by this
NSR will be assessed at the cash deposit
rate required at the time of entry, which
is the PRC-wide rate (i.e., 25.62 percent).
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results and
partial rescission of this NSR for
shipments of the subject merchandise
from the PRC entered, or withdrawn
from warehouse, for consumption on or
after the publication date, as provided
by section 751(a)(2)(C) of the Act. For
Kerri Wood, because it has received a
separate rate, and the rate established in
the final results of this NSR is zero, a
zero cash deposit will be required. For
Simite Wooden, the Department will
instruct CBP to discontinue the option
of posting a bond or security in lieu of
a cash deposit for entries of subject
merchandise from Simite Wooden.
Because we did not calculate a dumping
margin for Simite Wooden or otherwise
8 See
19 CFR 351.212(b)(1).
Antidumping Proceeding: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification).
10 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
9 See
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18:35 Jun 02, 2017
Jkt 241001
find that Simite Wooden is eligible for
a separate rate in this review, Simite
Wooden continues to be part of the PRCwide entity. The cash deposit rate for
the PRC-wide entity is 25.62 percent.
These cash deposit requirements shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) 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 Orders
This notice also serves as a 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, which continues
to govern business proprietary
information in these segments of the
proceeding. Timely written notification
of the return or destruction of APO
materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
notice in accordance with sections
751(a)(2)(B) and (C) and 777(i) of the
Act, and 19 CFR 351.214.
Dated: May 26, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—Issues and Decision
Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Whether the Department’s
Calculation of Ocean Freight was
Incorrect
Comment 2: Whether the control number
used by the Department for comparison
purposes was the best match
Comment 3: Whether the Department
should further adjust the prices of
Penghong and Fine Furniture in making
a comparison
Comment 4: Whether Simite Wooden’s sale
price is within the range of the minimum
and maximum prices of the AR3
respondents and is reasonable
Comment 5: Whether physical differences
account for price differences
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25775
Comment 6: Whether the totality of the
facts indicate that the sale was bona fide
Comment 7: Whether the Department made
procedural errors in conducting this
review
Comment 8: Whether the Department
Should Assign Simite Wooden a separate
rate
Recommendation
[FR Doc. 2017–11560 Filed 6–2–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Open Meeting of the Information
Security and Privacy Advisory Board
National Institute of Standards
and Technology, Department of
Commerce.
AGENCY:
ACTION:
Notice.
The Information Security and
Privacy Advisory Board (ISPAB) will
meet Wednesday, June 28, 2017 from
9:00 a.m. until 4:30 p.m., Eastern Time,
Thursday, June, 29, 2017, from 9:00 a.m.
until 3:00 p.m., Eastern Time, and
Friday, June 30, 2017 from 9:00 a.m.
until 12:00 p.m. Eastern Time. All
sessions will be open to the public.
SUMMARY:
The meeting will be held on
Wednesday, June 28, 2017, from 9:00
a.m. until 4:30 p.m., Eastern Time,
Thursday, June 29, 2017, from 9:00 a.m.
until 3:00 p.m., Eastern Time, and
Friday, June 30, 2017 from 9:00 a.m.
until 12:00 p.m. Eastern Time.
DATES:
The meeting will be held at
the Constitution Hall, American
University, 4400 Massachusetts Ave.
NW., Washington, DC 20016.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Matthew Scholl, Information
Technology Laboratory, NIST, 100
Bureau Drive, Stop 8930, Gaithersburg,
MD 20899–8930, telephone: (301) 975–
2941, Email address: mscholl@nist.gov.
Pursuant
to the Federal Advisory Committee Act,
as amended, 5 U.S.C. App., notice is
hereby given that the Information
Security and Privacy Advisory Board
(ISPAB) will meet Wednesday, June 28,
2017, from 9:00 a.m. until 4:30 p.m.,
Eastern Time, Thursday, June 29, 2017,
from 9:00 a.m. until 3:00 p.m., Eastern
Time, and Friday, June 30, 2017 from
9:00 a.m. until 12:00 p.m. Eastern Time.
All sessions will be open to the public.
The ISPAB is authorized by 15 U.S.C.
278g–4, as amended, and advises the
SUPPLEMENTARY INFORMATION:
E:\FR\FM\05JNN1.SGM
05JNN1
]]>Agencies
[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Notices]
[Pages 25773-25775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11560]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-970]
Multilayered Wood Flooring From the People's Republic of China:
Final Results and Partial Rescission of Antidumping Duty New Shipper
Reviews; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Commerce.
SUMMARY: On December 28, 2016, the Department of Commerce (the
Department) published the preliminary results, and partial rescission,
of the new shipper reviews of the antidumping duty (AD) order on
multilayered wood flooring (MLWF) from the People's Republic of China
(PRC). Based on our analysis of the comments received, we continue to
find Zhejiang Simite Wooden Co., Ltd.'s (Simite Wooden) sale to be non-
bona fide. Therefore, we are rescinding the new shipper review (NSR)
with respect to Simite Wooden. We also continue to find that Jiangsu
Keri Wood Co., Ltd. (Keri Wood) did not make a sale at less than normal
value (NV), and is eligible for a separate rate. The final dumping
margin for Keri Wood is listed in the ``Final Results of Kerri Wood's
New Shipper Review'' section of this notice, below.
DATES: Effective June 5, 2017.
FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration,
[[Page 25774]]
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482-5831.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2016, the Department published its Preliminary
Results \1\ of the NSRs of the AD order on MLWF from the PRC. The
period of review (POR) for the new shipper reviews (NSR) is December 1,
2014, through November 30, 2015. These reviews cover two producers/
exporters of subject merchandise: Simite Wooden and Keri Wood.\2\ As
discussed below, we preliminarily found that the single sale made by
Simite Wooden is not bona fide, and announced our preliminary intent to
rescind its NSR. We also preliminarily determined that Keri Wood made a
single bona fide sale which was not below NV and that it is eligible
for a separate rate. Simite Wooden submitted its case brief on February
17, 2017.\3\ For the final results of this review, although we have
made certain further adjustments to our bona fide analysis for Simite
Wooden, we continue to find Simite Wooden's sale to be non-bona fide.
Therefore, we are rescinding the NSR with respect to Simite Wooden. We
also continue to find that Keri Wood did not make a sale at less than
NV and is eligible for a separate rate. Therefore, with respect to Keri
Wood, our final results remain unchanged from the Preliminary Results.
---------------------------------------------------------------------------
\1\ See Multilayered Wood Flooring from the People's Republic of
China: Preliminary Results and Partial Rescission of Antidumping
Duty New Shipper Reviews; 2014-2015, 81 FR 95566 (December 28, 2016)
(Preliminary Results); see also Memorandum to Abdelali Elouaradia,
Director, Enforcement and Compliance, Office IV, from Maisha Cryor,
International Trade Compliance Analyst, Enforcement and Compliance,
Office IV entitled ``Antidumping Duty New Shipper Review of
Multilayered Wood Flooring from the People's Republic of China:
Preliminary Bona Fide Sale Analysis for Zhejiang Simite Wooden Co.,
Ltd., dated December 20, 2016 (Simite Wooden Prelim Bona Fide Memo);
Memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``Decision
Memorandum for Preliminary Results and Rescission, In Part, of
Antidumping Duty New Shipper Reviews, 2014-2015: Mutilayered Wood
Flooring from the People's Republic of China,'' dated December 20,
2016 (Preliminary Decision Memorandum).
\2\ See Preliminary Results.
\3\ See Letter from Simite Wooden to the Secretary of Commerce,
``Multilayered Wood Flooring from the People's Republic of China; A-
570-970; New Shipper Review of Zhejiang Simite Wooden Co., Ltd.;
Case Brief,'' dated February 17, 2017.
---------------------------------------------------------------------------
For a complete description of the events that followed the
publication of the Preliminary Results, see the Issues and Decision
Memorandum.\4\ The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's AD and
Countervailing Duty (CVD) 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 directly 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.
---------------------------------------------------------------------------
\4\ See Memorandum from Gary Taveramn, Acting Deputy Assistant
Secretary, Antidumping and Countervailing Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, entitled '' Issues and Decision Memorandum for the Final
Results and the Partial Rescission of the 2014-2015 Antidumping Duty
New Shipper Reviews: Multilayered Wood Flooring from the People's
Republic of China'' issued concurrently with and hereby adopted by
this notice (Issues and Decision Memorandum).
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Scope of the Order
The merchandise covered by the order includes MLWF, subject to
certain exceptions.\5\ 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.
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\5\ Id.
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While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the subject merchandise is
dispositive.
Analysis of Comments Received
All issues raised in the case brief submitted by Simite Wooden are
addressed in the Issues and Decision Memorandum.\6\ A list of the
issues which parties raised is attached to this notice as an Appendix.
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\6\ Id.
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Final Rescission of Simite Wooden's New Shipper Review
In the Preliminary Results, the Department analyzed the bona fides
of Simite Wooden's sale and preliminarily found it was not a bona fide
sale.\7\ Based on the Department's analysis of all of the comments and
record evidence of this review, the Department has made certain changes
to its analysis, but still continues to find that Simite Wooden's sale
is not a bona fide sale. Accordingly, we have determined to rescind
this NSR with respect to Simite Wooden.
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\7\ See Simite Wooden Prelim Bona Fide Memo.
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For a complete discussion, see the Simite Wooden Prelim Bona Fide
Memo and the Issues and Decision Memorandum.
Final Results of Kerri Wood's New Shipper Review
No party filed a case brief in response to the Department's
invitation to comment on the Preliminary Results with respect to our
findings for Keri Wood. Therefore, for these final results, the
Department has made no changes to its calculations announced in the
Preliminary Results for this company. For the final results of Kerri
Wood's new shipper review, the Department continues to determine that
the following weighted-average dumping margin exists for the POR from
December 1, 2014, through November 30, 2015:
[[Page 25775]]
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping
margin
(percent)
------------------------------------------------------------------------
Jiangsu Keri Wood Co., Ltd........ Jiangsu Keri Wood 0.00
Co., Ltd.
------------------------------------------------------------------------
Assessment
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by the NSR with respect to Keri Wood.\8\ The Department
intends to issue assessment instructions to CBP 15 days after the date
of publication of these final results of review. The Department intends
to instruct CBP to liquidate entries of subject merchandise Keri Wood
without regard to antidumping duties because its weighted-average
dumping margin in these final results is zero.\9\ For entries that were
not reported in the U.S. sales data submitted by Keri Wood, the
Department intends to instruct CBP to liquidate such entries at the
rate for the PRC-wide entity.\10\
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\8\ See 19 CFR 351.212(b)(1).
\9\ See Antidumping Proceeding: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012)
(Final Modification).
\10\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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As the Department is rescinding the NSR with respect to Simite
Wooden, we have not calculated a company-specific dumping margin for
Simite Wooden. Simite Wooden's entries covered by this NSR will be
assessed at the cash deposit rate required at the time of entry, which
is the PRC-wide rate (i.e., 25.62 percent).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results and partial rescission of this NSR for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act. For Kerri Wood, because it
has received a separate rate, and the rate established in the final
results of this NSR is zero, a zero cash deposit will be required. For
Simite Wooden, the Department will instruct CBP to discontinue the
option of posting a bond or security in lieu of a cash deposit for
entries of subject merchandise from Simite Wooden. Because we did not
calculate a dumping margin for Simite Wooden or otherwise find that
Simite Wooden is eligible for a separate rate in this review, Simite
Wooden continues to be part of the PRC-wide entity. The cash deposit
rate for the PRC-wide entity is 25.62 percent. These cash deposit
requirements shall remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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 Orders
This notice also serves as a 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, which continues
to govern business proprietary information in these segments of the
proceeding. Timely written notification of the return or destruction of
APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing this notice in accordance with
sections 751(a)(2)(B) and (C) and 777(i) of the Act, and 19 CFR
351.214.
Dated: May 26, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Whether the Department's Calculation of Ocean Freight
was Incorrect
Comment 2: Whether the control number used by the Department for
comparison purposes was the best match
Comment 3: Whether the Department should further adjust the
prices of Penghong and Fine Furniture in making a comparison
Comment 4: Whether Simite Wooden's sale price is within the
range of the minimum and maximum prices of the AR3 respondents and
is reasonable
Comment 5: Whether physical differences account for price
differences
Comment 6: Whether the totality of the facts indicate that the
sale was bona fide
Comment 7: Whether the Department made procedural errors in
conducting this review
Comment 8: Whether the Department Should Assign Simite Wooden a
separate rate
Recommendation
[FR Doc. 2017-11560 Filed 6-2-17; 8:45 am]
BILLING CODE 3510-DS-P
