Multilayered Wood Flooring From the People's Republic of China: Final Clarification of the Scope of the Antidumping and Countervailing Duty Orders, 27799-27801 [2017-12674]
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Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices
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asabaliauskas on DSKBBXCHB2PROD with NOTICES
Dated: June 6, 2017.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2017–12729 Filed 6–16–17; 8:45 am]
BILLING CODE 3510–33–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970; C–570–971]
Multilayered Wood Flooring From the
People’s Republic of China: Final
Clarification of the Scope of the
Antidumping and Countervailing Duty
Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 19, 2017, the
Department of Commerce (Department)
published a proposed clarification of the
scope of the antidumping and
countervailing duty orders on
multilayered wood flooring (wood
flooring) from the People’s Republic of
China (PRC). Based on comments from
interested parties, the Department has
further clarified the scope of this order.
DATES: Effective June 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.
AGENCY:
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 scope language, along with
descriptions of the merchandise
contained in the petitions, the initial
investigations, prior scope
determinations, and rulings by the
International Trade Commission (ITC) to
determine that two-layer wood flooring
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
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Sfmt 4703
27799
On April 19, 2017, the Department
published the Proposed Scope
Clarification 3 to provide notice that the
Department intends to clarify the scope
of the Orders due to the large number
of scope ruling requests concerning
wood flooring products consisting of
only two layers. Interested parties were
invited to comment on the intended
clarification.
Comments on the Proposed Scope
Clarification
The Department received two
comment submissions from two groups
of interested parties during the
comment period.4 The first group agrees
that the Department has received a large
number of scope ruling requests
concerning two-layer wood flooring
products, and notes that the requests are
being filed not because the order
language is ambiguous, but, rather,
because of concern that U.S. Customs
and Border Protection (CBP) officials
may not always distinguish between
two-ply and subject merchandise.5 This
group, therefore, does not believe that
the Proposed Scope Clarification will
necessarily eliminate the number of
scope ruling requests received by the
Department, and proposes, as an
alternative, that the Department work
more closely with CBP to ensure CBP
knows the difference between subject
and non-subject merchandise.6
Nonetheless, to the extent the
clarification language is merely meant to
reiterate the scope rulings that have
already been issued, and is not intended
to change the scope of the Orders, this
group does not object.7
The second group agrees with the
Proposed Scope Clarification and deems
the language necessary to reflect more
definitively that two-layer wood
flooring products are excluded from the
scope of the Orders, as it will expedite
People’s Republic of China: Amended Antidumping
and Countervailing Duty Orders, 77 FR 5484
(February 3, 2012) (collectively, Orders).
3 See Multilayered Wood Flooring from the
People’s Republic of China: Clarification of the
Scope of the Antidumping and Countervailing Duty
Orders, 82 FR 18420 (April 19, 2017) (Proposed
Scope Clarification).
4 See Letter from Anhui Boya Bamboo &Wood
Products Co., Ltd., et al., ‘‘Multilayered Wood
Flooring from the People’s Republic of China:
Comments on Scope Clarification’’, dated May 1,
2017 (Anhui Boya Bamboo & Wood Products Co.,
Ltd., et al., Comments); and Letter from Zhejiang
Dandongwu GreenHome Wood Co., Ltd., et. al.,
‘‘Multilayered Wood Flooring form the People’s
Republic of China: Comments on the Department’s
Proposed Scope Clarification, dated May 1, 2017
(Zheijiang Dadongwu GreenHome Wood Co., Ltd.,
et al., Comments).
5 Anhui Boya Bamboo & Wood Products Co., Ltd.,
et al., Comments at 1.
6 Id. at 1–2.
7 Id. at 2.
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Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices
asabaliauskas on DSKBBXCHB2PROD with NOTICES
handling of entries by CBP and
eliminate the need for further scope
rulings.8 This group also proposes that
the Department insert additional
clarifying language to the exclusion
section of the existing written scope
description in order to emphasize the
exclusion of two-layer wood flooring
products from the scope of the Orders
as follows: ‘‘Also excluded is wood
flooring composed of two layers. Two
layered flooring typically consists of a
single wood veneer, or ply, in
combination with a base layer of various
constructions and materials, which may
include wood.’’ 9
No other parties, including the
petitioner, commented on the Proposed
Scope Clarification.
Final Scope Clarification
The Proposed Scope Clarification is
meant to clarify the Department’s
interpretation of the scope of the Orders,
as provided in numerous past scope
determinations, that the wood flooring
products covered by the Orders are
composed of a minimum of three layers.
This clarification is not intended to
change the scope of wood flooring
products covered by the Orders, but is
merely meant to clarify and inform the
public and CBP that the Department has
consistently interpreted the scope of the
Orders to cover wood flooring products
composed of a minimum of three layers.
Further, this clarification will expedite
CBP’s processing of entries of both
subject and non-subject wood flooring
products, and reduce the need for
further scope rulings with respect to
two-layer wood flooring products.
However, in light of the comments
received, and to further reiterate that the
clarification is not intended to change
the scope of wood flooring products
covered by the Orders, but is merely
meant to clarify the Department’s
interpretation, for purposes of this final
scope clarification we are including an
interpretive note as a footnote to the
scope language, rather than add
clarifying language to the scope itself.
See Scope of the Orders section below
at note 11. We are adopting this
clarification for all segments of the
proceeding under the Orders for which
a determination is made on or after the
effective date of this notice. We intend
to notify CBP of this final scope
clarification.
Lastly, although certain parties
propose changing the existing scope by
adding language specifically excluding
two-layered flooring, we have not
8 Zheijiang Dadongwu GreenHome Wood Co.,
Ltd., et al., Comments at 2.
9 Id. at 2–3.
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adopted this change. We find that the
changes adopted herein are sufficient to
accomplish the goals of the clarification,
and that further language regarding a
specific exclusion for two-layered
flooring is not necessary.
Scope of the Orders
Multilayered wood flooring is
composed of an assembly of two or
more layers or plies of wood veneer(s) 10
in combination with a core.11 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
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
10 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.
11 Department of Commerce Interpretive Note:
The Department interprets this language to refer to
wood flooring products with a minimum of three
layers.
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Fmt 4703
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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;
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;
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Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices
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.
Dated: June 13, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–12674 Filed 6–16–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[P–2444–031]
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Northern States Power Company;
Notice of Application Accepted for
Filing and Soliciting Comments,
Motions To Intervene, and Protests
Take notice that the following
hydroelectric application has been filed
with the Commission and is available
for public inspection.
a. Type of Application: Non-capacity
amendment of license.
b. Project No.: 2444–031.
c. Date Filed: April 28, 2017, and
supplemented June 12, 2017.
d. Applicant: Northern States Power
Company.
e. Name of Project: White River
Hydroelectric Project.
f. Location: The project is located on
the White River in Ashland County,
Wisconsin.
g. Filed Pursuant to: Federal Power
Act, 16 U.S.C. 791 (a)–825(r).
h. Applicant Contact: Mr. William P.
Zawacki, Director of Hydro Plants, 1414
W. Hamilton Ave., P.O. Box 8, Eau
Claire, WI 54702, (715) 737–1136.
VerDate Sep<11>2014
17:09 Jun 16, 2017
Jkt 241001
i. FERC Contact: Steven Sachs, (202)
502–8666, Steven.Sachs@ferc.gov.
j. Deadline for filing comments,
motions to intervene, and protests is 30
days from the issuance of this notice by
the Commission. The Commission
strongly encourages electronic filing.
Please file comments, motions to
intervene, and protests using the
Commission’s eFiling system at https://
www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments
up to 6,000 characters, without prior
registration, using the eComment system
at https://www.ferc.gov/doc-sfiling/
ecomment.asp. You must include your
name and contact information at the end
of your comments. For assistance,
please contact FERC Online Support at
FERCOnlineSupport@ferc.gov, (866)
208–3676 (toll free), or (202) 502–8659
(TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal
Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426.
The first page of any filing should
include docket number P–2444–031.
k. Description of Request: The
applicant proposes to replace one of the
two turbine-generator units at the
project. The new turbine-generator unit
would increase the total authorized
installed capacity of the project from 1
to 1.2 megawatts, and would raise the
hydraulic capacity of the project from
280 to 350 cubic feet per second. The
applicant does not propose any changes
to project operation.
l. Locations of the Applications: A
copy of the application is available for
inspection and reproduction at the
Commission’s Public Reference Room,
located at 888 First Street NE., Room
2A, Washington, DC 20426, or by calling
(202) 502–8371. The filing may also be
viewed on the Commission’s Web site at
https://www.ferc.gov/docs-filing/
elibrary.asp. Enter the docket number
excluding the last three digits in the
docket number field to access the
document. You may also register online
at https://www.ferc.gov/docs-filing/
esubscription.asp to be notified via
email of new filings and issuances
related to this or other pending projects.
For assistance, call 1–866–208–3676 or
email FERCOnlineSupport@ferc.gov, for
TTY, call (202) 502- 8659.
m. Individuals desiring to be included
on the Commission’s mailing list should
so indicate by writing to the Secretary
of the Commission.
n. Comments, Motions to Intervene, or
Protests: Anyone may submit
comments, a motion to intervene, or a
protest in accordance with the
requirements of Rules of Practice and
Procedure, 18 CFR 385.210, .211, .214.
In determining the appropriate action to
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27801
take, the Commission will consider all
protests or other comments filed, but
only those who file a motion to
intervene in accordance with the
Commission’s Rules may become a
party to the proceeding. Any comments,
motions to intervene, or protests must
be received on or before the specified
comment date for the particular
application.
o. Filing and Service of Responsive
Documents: Any filing must (1) bear in
all capital letters the title COMMENTS,
MOTION TO INTERVENE, or PROTEST
as applicable; (2) set forth in the
heading the name of the applicant and
the project number of the application to
which the filing responds; (3) furnish
the name, address, and telephone
number of the person protesting or
intervening; and (4) otherwise comply
with the requirements of 18 CFR
385.2001 through 385.2005. All
comments, motions to intervene, or
protests must set forth their evidentiary
basis and otherwise comply with the
requirements of 18 CFR 4.34(b). All
comments, motions to intervene, or
protests should relate to project works
which are the subject of the temporary
variance request. Agencies may obtain
copies of the application directly from
the applicant. A copy of any protest or
motion to intervene must be served
upon each representative of the
applicant specified in the particular
application. If an intervener files
comments or documents with the
Commission relating to the merits of an
issue that may affect the responsibilities
of a particular resource agency, they
must also serve a copy of the document
on that resource agency. A copy of all
other filings in reference to this
application must be accompanied by
proof of service on all persons listed in
the service list prepared by the
Commission in this proceeding, in
accordance with 18 CFR 4.34(b) and
385.2010.
Dated: June 13, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017–12668 Filed 6–16–17; 8:45 am]
BILLING CODE 6717–01–P
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Agencies
[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Notices]
[Pages 27799-27801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12674]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-970; C-570-971]
Multilayered Wood Flooring From the People's Republic of China:
Final Clarification of the Scope of the Antidumping and Countervailing
Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On April 19, 2017, the Department of Commerce (Department)
published a proposed clarification of the scope of the antidumping and
countervailing duty orders on multilayered wood flooring (wood
flooring) from the People's Republic of China (PRC). Based on comments
from interested parties, the Department has further clarified the scope
of this order.
DATES: Effective June 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 scope
language, along with descriptions of the merchandise contained in the
petitions, the initial investigations, prior scope determinations, and
rulings by the International Trade Commission (ITC) to determine that
two-layer wood flooring 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).
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On April 19, 2017, the Department published the Proposed Scope
Clarification \3\ to provide notice that the Department intends to
clarify the scope of the Orders due to the large number of scope ruling
requests concerning wood flooring products consisting of only two
layers. Interested parties were invited to comment on the intended
clarification.
---------------------------------------------------------------------------
\3\ See Multilayered Wood Flooring from the People's Republic of
China: Clarification of the Scope of the Antidumping and
Countervailing Duty Orders, 82 FR 18420 (April 19, 2017) (Proposed
Scope Clarification).
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Comments on the Proposed Scope Clarification
The Department received two comment submissions from two groups of
interested parties during the comment period.\4\ The first group agrees
that the Department has received a large number of scope ruling
requests concerning two-layer wood flooring products, and notes that
the requests are being filed not because the order language is
ambiguous, but, rather, because of concern that U.S. Customs and Border
Protection (CBP) officials may not always distinguish between two-ply
and subject merchandise.\5\ This group, therefore, does not believe
that the Proposed Scope Clarification will necessarily eliminate the
number of scope ruling requests received by the Department, and
proposes, as an alternative, that the Department work more closely with
CBP to ensure CBP knows the difference between subject and non-subject
merchandise.\6\ Nonetheless, to the extent the clarification language
is merely meant to reiterate the scope rulings that have already been
issued, and is not intended to change the scope of the Orders, this
group does not object.\7\
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\4\ See Letter from Anhui Boya Bamboo &Wood Products Co., Ltd.,
et al., ``Multilayered Wood Flooring from the People's Republic of
China: Comments on Scope Clarification'', dated May 1, 2017 (Anhui
Boya Bamboo & Wood Products Co., Ltd., et al., Comments); and Letter
from Zhejiang Dandongwu GreenHome Wood Co., Ltd., et. al.,
``Multilayered Wood Flooring form the People's Republic of China:
Comments on the Department's Proposed Scope Clarification, dated May
1, 2017 (Zheijiang Dadongwu GreenHome Wood Co., Ltd., et al.,
Comments).
\5\ Anhui Boya Bamboo & Wood Products Co., Ltd., et al.,
Comments at 1.
\6\ Id. at 1-2.
\7\ Id. at 2.
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The second group agrees with the Proposed Scope Clarification and
deems the language necessary to reflect more definitively that two-
layer wood flooring products are excluded from the scope of the Orders,
as it will expedite
[[Page 27800]]
handling of entries by CBP and eliminate the need for further scope
rulings.\8\ This group also proposes that the Department insert
additional clarifying language to the exclusion section of the existing
written scope description in order to emphasize the exclusion of two-
layer wood flooring products from the scope of the Orders as follows:
``Also excluded is wood flooring composed of two layers. Two layered
flooring typically consists of a single wood veneer, or ply, in
combination with a base layer of various constructions and materials,
which may include wood.'' \9\
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\8\ Zheijiang Dadongwu GreenHome Wood Co., Ltd., et al.,
Comments at 2.
\9\ Id. at 2-3.
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No other parties, including the petitioner, commented on the
Proposed Scope Clarification.
Final Scope Clarification
The Proposed Scope Clarification is meant to clarify the
Department's interpretation of the scope of the Orders, as provided in
numerous past scope determinations, that the wood flooring products
covered by the Orders are composed of a minimum of three layers. This
clarification is not intended to change the scope of wood flooring
products covered by the Orders, but is merely meant to clarify and
inform the public and CBP that the Department has consistently
interpreted the scope of the Orders to cover wood flooring products
composed of a minimum of three layers. Further, this clarification will
expedite CBP's processing of entries of both subject and non-subject
wood flooring products, and reduce the need for further scope rulings
with respect to two-layer wood flooring products.
However, in light of the comments received, and to further
reiterate that the clarification is not intended to change the scope of
wood flooring products covered by the Orders, but is merely meant to
clarify the Department's interpretation, for purposes of this final
scope clarification we are including an interpretive note as a footnote
to the scope language, rather than add clarifying language to the scope
itself. See Scope of the Orders section below at note 11. We are
adopting this clarification for all segments of the proceeding under
the Orders for which a determination is made on or after the effective
date of this notice. We intend to notify CBP of this final scope
clarification.
Lastly, although certain parties propose changing the existing
scope by adding language specifically excluding two-layered flooring,
we have not adopted this change. We find that the changes adopted
herein are sufficient to accomplish the goals of the clarification, and
that further language regarding a specific exclusion for two-layered
flooring is not necessary.
Scope of the Orders
Multilayered wood flooring is composed of an assembly of two or
more layers or plies of wood veneer(s) \10\ in combination with a
core.\11\ 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.
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\10\ 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.
\11\ Department of Commerce Interpretive Note: The Department
interprets this language to refer to wood flooring products with a
minimum of three layers.
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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; 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;
[[Page 27801]]
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.
Dated: June 13, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-12674 Filed 6-16-17; 8:45 am]
BILLING CODE 3510-DS-P