Multilayered Wood Flooring From the People's Republic of China; Final Results of Antidumping Duty New Shipper Review; 2014-2015, 21329-21331 [2019-09900]
Download as PDF
Federal Register / Vol. 84, No. 93 / Tuesday, May 14, 2019 / Notices
For the companies for which this
review is rescinded, Commerce will
instruct CBP to assess countervailing
duties on all appropriate entries at a rate
equal to the cash deposit of estimated
countervailing duties required at the
time of entry, or withdrawal from
warehouse, for consumption, during the
period January 1, 2017 through
December 31, 2017, in accordance with
19 CFR 351.212(c)(1)(i).
khammond on DSKBBV9HB2PROD with NOTICES
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the
Act, upon issuance of the final results,
Commerce also intends to instruct CBP
to collect cash deposits of estimated
countervailing duties for each of the
companies listed above on shipments of
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the final results of this
administrative review, except, where
the rate calculated in the final results is
zero or de minimis, no cash deposit will
be required. For all non-reviewed firms,
we will instruct CBP to continue to
collect cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
We will disclose to parties to this
proceeding the calculations performed
in reaching the preliminary results
within five days of the date of
publication of these preliminary
results.10 Interested parties may submit
written arguments (case briefs) within
30 days of publication of the
preliminary results and rebuttal
comments (rebuttal briefs) within five
days after the time limit for filing the
case briefs.11 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs may
respond only to issues raised in the case
briefs. Parties who submit arguments are
requested to submit with the argument:
(1) A statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.12
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice.13 Requests
should contain the party’s name,
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
12 See 19 CFR 351.309(c)(2) and 351.309(d)(2).
13 See 19 CFR 351.310(c).
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. Issues addressed
during the hearing will be limited to
those raised in the briefs.14 If a request
for a hearing is made, we will inform
parties of the scheduled date for the
hearing, which will be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and location to be
determined.15 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Parties are reminded that briefs and
hearing requests are to be filed
electronically using ACCESS and that
electronically filed documents must be
received successfully in their entirety by
5:00PM Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce will issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by parties in their
comments, within 120 days after
issuance of these preliminary results.
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(4).
Dated: May 8, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Subsidies Valuation Information
VI. Intent to Rescind the Administrative
Review, In Part
VII. Non-Selected Rate
VIII. Analysis of Programs
IX. Conclusion
[FR Doc. 2019–09935 Filed 5–13–19; 8:45 am]
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15 See
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19 CFR 351.310(c).
19 CFR 351.310.
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970]
Multilayered Wood Flooring From the
People’s Republic of China; Final
Results of Antidumping Duty New
Shipper Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has conducted a new
shipper review (NSR) of the
antidumping duty order on multilayered
wood flooring (MLWF) from the
People’s Republic of China (China). We
have determined that Huzhou Muyun
Wood Co., Ltd., (Muyun) has failed to
demonstrate its qualification for a
separate rate and is, therefore, subject to
the China-wide entity rate, which is not
under review in this period. The period
of review (POR) is December 1, 2014,
through May 31, 2015.
DATES: Applicable May 14, 2019.
FOR FURTHER INFORMATION CONTACT:
Aleksandras Nakutis, AD/CVD
Operations, Office IV, Enforcement &
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3147.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 29, 2015, Commerce initiated
this NSR for Muyun in order to
determine whether imports into the
United States of multilayered wood
flooring from China are being sold
below normal value.1 On October 26,
2016, Commerce published the final
rescission of Muyun’s NSR, due to the
determination that Muyun’s sale was
non-bona fide.2 On December 11, 2017,
the Court of International Trade (CIT)
remanded Commerce’s determination,
holding that the conclusion that
Muyun’s sale was non-bona fide was not
supported by substantial evidence.3 On
March 6, 2018, Commerce released its
final results of redetermination pursuant
to court order, continuing to find that
1 See Multilayered Wood Flooring from the
People’s Republic of China: Preliminary Rescission
of 2014–2015 Antidumping Duty New Shipper
Reviews; 2014–2015 80 FR 45192 (July 29, 2015).
2 See Multilayered Wood Flooring from the
People’s Republic of China: Rescission of
Antidumping Duty New Shipper Reviews; 2014–
2015, 81 FR 74393 (October 26, 2016).
3 See Huzhou Muyun Wood Co., Ltd. v. United
States, Court No. 16–00245, Slip Op. 17–162
(December 11, 2017).
10 See
14 See
21329
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Federal Register / Vol. 84, No. 93 / Tuesday, May 14, 2019 / Notices
Muyun’s sale was non-bona fide.4 On
July 16, 2018, the CIT issued a final
judgement that Commerce’s ultimate
conclusion was not supported by
substantial evidence, that the rescission
of the NSR could not be upheld, and
instructed Commerce to proceed with
Muyun’s NSR.5 On August 16, 2018
Commerce published its notification to
the public that the final judgement in
this case is not in harmony with the
final rescission.6
On October 19, 2018, Commerce
notified interested parties that a new
segment of the proceeding regarding
Muyun’s NSR had been created.7 On
November 5, 2018, Commerce released
its timeline for the instant proceeding,
including the date of verification.8
Commerce published its Preliminary
Results on December 21, 2018.9 On
January 29, 2019, Commerce exercised
its discretion to toll all deadlines
affected by the partial federal
government closure from December 22,
2018, through the resumption of
operations on January 29, 2019.10 On
February 25, 2019, Muyun notified
Commerce it would not be participating
in the scheduled verification.11
khammond on DSKBBV9HB2PROD with NOTICES
Scope of the Order
The merchandise covered by the order
includes MLWF, subject to certain
exceptions.12 The subject merchandise
4 See Final Results Redetermination Pursuant to
Court Order in Huzhou Muyun Wood Co., Ltd v.
United States, Court No. 16–00245, dated March 6,
2018.
5 See Huzhou Muyun Wood Co., Ltd. v. United
States, Court No. 16–00245, Slip Op. 18–89 (CIT
July 16, 2018).
6 See Multilayered Wood Flooring from the
People’s Republic of China: Notice of Court
Decision Not in Harmony with Final Rescission of
the Antidumping Duty New Shipper Review, 83 FR
40748 (August 16, 2018).
7 See Memorandum, ‘‘New Shipper Review of the
Antidumping Duty Order on Multilayered Wood
Flooring from the People’s Republic of China—APO
Access,’’ dated October 19, 2018.
8 See Memorandum, ‘‘New Shipper Review of the
Antidumping Duty Order on Multilayered Wood
Flooring from the People’s Republic of ChinaEstimated Timeline,’’ dated November 5, 2018.
9 See Multilayered Wood Flooring from the
People’s Republic of China; Preliminary Results of
Antidumping Duty New Shipper Review; 2014–
2015, 83 FR 65628 (September 21, 2018)
(Preliminary Results).
10 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
11 See letter from Muyun, ‘‘Multilayered Wood
Flooring from the People’s Republic of ChinaResponse to Department regarding Verification,’’
dated February 25, 2019.
12 See Memorandum from Commerce, ’’ Issues
and Decision Memorandum for the Final
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16:57 May 13, 2019
Jkt 247001
is currently classifiable under
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings:
4412.31.0520; 4412.31.0540;
4412.31.0560; 4412.31.2510;
4412.31.2520; 4412.31.4040;
4412.31.4050; 4412.31.4060;
4412.31.4070; 4412.31.4075;
4412.31.4080; 4412.31.5125;
4412.31.5135; 4412.31.5155;
4412.31.5165; 4412.31.6000;
4412.31.9100; 4412.32.0520;
4412.32.0540; 4412.32.0560;
4412.32.0565; 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.
The HTSUS subheadings are provided
for convenience and customs purposes
only; the written description of the
scope of the order is dispositive.
Analysis of Comments Received
No parties submitted comments.
Changes Since the Preliminary
Results
We find that Muyun has failed to
demonstrate its qualification for a
separate rate.
Determination of Huzhou Muyun Wood Co., Ltd.
Antidumping Duty New Shipper Review, 2014–
2015: Multilayered Wood Flooring from the
People’s Republic of China,’’ dated concurrently
(IDM) for a full description of the scope of the
order.
PO 00000
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Results of New Shipper Review
In the Preliminary Results, Commerce
determined that Muyun was eligible for
a separate rate, through evidence of
absence of both de jure and de facto
government control over export
activities, and calculated a 0.00 percent
weighted-average dumping margin.13
However, Muyun subsequently notified
Commerce that it would not be
participating in Commerce’s scheduled
verification, rendering Muyun’s
responses unreliable and unverifiable.14
Accordingly, for these final results of
review, we have determined that Muyun
has failed to demonstrate its
qualification for a separate rate and,
thus, is part of the China-wide entity.
For further discussion of the issues
addressed in this proceeding, see the
IDM.15 The IDM is a public document
and is on file electronically via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov and in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, a complete version of the IDM
can be accessed directly on the internet
at https://enforcement.trade.gov/frn/
index.html. The signed and the
electronic versions of the IDM are
identical in content. A list of the topics
addressed in the IDM is contained in the
Appendix to this notice.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b), Commerce
has determined, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Commerce intends to issue
assessment instructions to CBP 15 days
after the publication date of the final
results of this review. We intend to
instruct CBP to liquidate POR entries of
subject merchandise exported by
Muyun at the China-wide entity rate,
which is 25.62 percent.
Cash Deposit Requirements
The following cash deposit
requirement will be effective upon
publication of the final results of this
new shipper review for shipments of the
subject merchandise from China
13 See
Preliminary Results, 83 FR 65628.
letter from Muyun, ‘‘Multilayered Wood
Flooring from the People’s Republic of ChinaResponse to Department regarding Verification,’’
dated February 25, 2019.
15 See IDM.
14 See
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Federal Register / Vol. 84, No. 93 / Tuesday, May 14, 2019 / Notices
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: As Muyun has
not been found to be entitled to a
separate rate, the cash deposit rate will
be that for the China-wide entity, or
25.62 percent. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also 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
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification Regarding APO
This notice also serves as a reminder
to the parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of business proprietary
information (BPI) disclosed under APO
in accordance with 19 CFR
351.305(a)(3), which continues to
govern BPI in this segment of the
proceeding. Timely notification of
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
results in accordance with sections
751(a)(2)(B) and 777(i)(1) of the Act and
19 CFR 351.214.
Dated: May 7, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
khammond on DSKBBV9HB2PROD with NOTICES
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2019–09900 Filed 5–13–19; 8:45 am]
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21331
DEPARTMENT OF COMMERCE
Special Accommodations
National Oceanic and Atmospheric
Administration
The meeting is physically accessible
to people with disabilities. Requests for
special accommodations may be
directed to Tashaun Pierre, NOAA/
NESDIS/CRSRA, 1335 East West
Highway, G–101, Silver Spring,
Maryland 20910; (301) 713–7077 or
Tashaun.pierre@noaa.gov.
Meeting of the Advisory Committee on
Commercial Remote Sensing
ACTION:
Notice of meeting.
The Advisory Committee on
Commercial Remote Sensing
(‘‘ACCRES’’ or ‘‘the Committee’’) will
meet June 4, 2019.
DATES: The meeting is scheduled as
follows: June 4, 2019, 8:00 a.m.–4:00
p.m. There will be a one hour lunch
break from 12:00 p.m.–1:00 p.m.
ADDRESSES: The meeting will be held at
the Commerce Research Library, Herbert
C. Hoover Building, 1401 Constitution
Avenue NW, Washington, DC 20230.
The Commerce Research Library has
its own dedicated entrance that will
only be accessible from the entrance at
15th Street and Pennsylvania Avenue.
FOR FURTHER INFORMATION CONTACT:
Tashaun Pierre, NOAA/NESDIS/
CRSRA, 1335 East West Highway, G–
101, Silver Spring, Maryland 20910;
(301) 713–7077 or Tashaun.pierre@
noaa.gov.
SUPPLEMENTARY INFORMATION: As
required by Section 10(a)(2) of the
Federal Advisory Committee Act, 5
U.S.C. App. 2 (FACA) and its
implementing regulations, see 41 CFR
102–3.150, notice is hereby given of the
meeting of ACCRES. ACCRES was
established by the Secretary of
Commerce (Secretary) on May 21, 2002,
to advise the Secretary of Commerce
through the Under Secretary of
Commerce for Oceans and Atmosphere
on matters relating to the U.S.
commercial remote sensing space
industry and on the National Oceanic
and Atmospheric Administration’s
activities to carry out the
responsibilities of the Department of
Commerce set forth in the National and
Commercial Space Programs Act of 2010
(51 U.S.C. 60101 et seq.).
SUMMARY:
Purpose of the Meeting and Matters To
Be Considered
The meeting will be open to the
public pursuant to Section 10(a)(1) of
the FACA. During the meeting, the
Committee will receive updates on
NOAA’s Commercial Remote Sensing
Regulatory Affairs activities and discuss
updates to the commercial remote
sensing regulatory regime. The
Committee will also discuss updates in
the regulations and trends in
international regulatory regimes. The
Committee will be available to receive
public comments on its activities.
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Additional Information and Public
Comments
In accordance with 41 CFR 102–
3.140(b), the meeting room is sufficient
to accommodate advisory committee
members, agency staff, and a reasonable
number of interested members of the
public. However, to avoid overcrowding
should an unexpected number of
members of the public attend the
meeting, ACCRES invites interested
members of the public to RSVP through
the following link: https://
docs.google.com/forms/d/e/1FAIpQLSfE
5bsXClfhSFzym6fU0gPasZOcw7PSfD9pm6NX9WzjSWHuw/
viewform?usp=pp_url, directly to
Tashaun Pierre at (301) 713–7077, or by
email at Tashaun.pierre@noaa.gov, by
May 29, 2019. Any member of the
public wishing further information
concerning the meeting or who wishes
to submit oral or written comments
should contact Tahara Dawkins,
Designated Federal Officer for ACCRES,
NOAA/NESDIS/CRSRA, 1335 East West
Highway, G–101, Silver Spring,
Maryland 20910; (301) 713–3385 or
tahara.dawkins@noaa.gov. Copies of the
draft meeting agenda will be posted on
the Commercial Remote Sensing
Regulatory Affairs Office at https://
www.nesdis.noaa.gov/CRSRA/
accresMeetings.html.
ACCRES expects that public
statements presented at its meetings will
not be repetitive of previouslysubmitted oral or written statements. In
general, each individual or group
making an oral presentation may be
limited to a total time of five minutes.
Written comments sent to NOAA/
NESDIS/CRSRA on or before October
10, 2018 will be provided to Committee
members in advance of the meeting.
Comments received too close to the
meeting date will normally be provided
to Committee members at the meeting.
Stephen M. Volz,
Assistant Administrator for Satellite and
Information Services.
[FR Doc. 2019–09898 Filed 5–13–19; 8:45 am]
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Agencies
[Federal Register Volume 84, Number 93 (Tuesday, May 14, 2019)]
[Notices]
[Pages 21329-21331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09900]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-970]
Multilayered Wood Flooring From the People's Republic of China;
Final Results of Antidumping Duty New Shipper Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has conducted a new
shipper review (NSR) of the antidumping duty order on multilayered wood
flooring (MLWF) from the People's Republic of China (China). We have
determined that Huzhou Muyun Wood Co., Ltd., (Muyun) has failed to
demonstrate its qualification for a separate rate and is, therefore,
subject to the China-wide entity rate, which is not under review in
this period. The period of review (POR) is December 1, 2014, through
May 31, 2015.
DATES: Applicable May 14, 2019.
FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis, AD/CVD
Operations, Office IV, Enforcement & Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3147.
SUPPLEMENTARY INFORMATION:
Background
On July 29, 2015, Commerce initiated this NSR for Muyun in order to
determine whether imports into the United States of multilayered wood
flooring from China are being sold below normal value.\1\ On October
26, 2016, Commerce published the final rescission of Muyun's NSR, due
to the determination that Muyun's sale was non-bona fide.\2\ On
December 11, 2017, the Court of International Trade (CIT) remanded
Commerce's determination, holding that the conclusion that Muyun's sale
was non-bona fide was not supported by substantial evidence.\3\ On
March 6, 2018, Commerce released its final results of redetermination
pursuant to court order, continuing to find that
[[Page 21330]]
Muyun's sale was non-bona fide.\4\ On July 16, 2018, the CIT issued a
final judgement that Commerce's ultimate conclusion was not supported
by substantial evidence, that the rescission of the NSR could not be
upheld, and instructed Commerce to proceed with Muyun's NSR.\5\ On
August 16, 2018 Commerce published its notification to the public that
the final judgement in this case is not in harmony with the final
rescission.\6\
---------------------------------------------------------------------------
\1\ See Multilayered Wood Flooring from the People's Republic of
China: Preliminary Rescission of 2014-2015 Antidumping Duty New
Shipper Reviews; 2014-2015 80 FR 45192 (July 29, 2015).
\2\ See Multilayered Wood Flooring from the People's Republic of
China: Rescission of Antidumping Duty New Shipper Reviews; 2014-
2015, 81 FR 74393 (October 26, 2016).
\3\ See Huzhou Muyun Wood Co., Ltd. v. United States, Court No.
16-00245, Slip Op. 17-162 (December 11, 2017).
\4\ See Final Results Redetermination Pursuant to Court Order in
Huzhou Muyun Wood Co., Ltd v. United States, Court No. 16-00245,
dated March 6, 2018.
\5\ See Huzhou Muyun Wood Co., Ltd. v. United States, Court No.
16-00245, Slip Op. 18-89 (CIT July 16, 2018).
\6\ See Multilayered Wood Flooring from the People's Republic of
China: Notice of Court Decision Not in Harmony with Final Rescission
of the Antidumping Duty New Shipper Review, 83 FR 40748 (August 16,
2018).
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On October 19, 2018, Commerce notified interested parties that a
new segment of the proceeding regarding Muyun's NSR had been
created.\7\ On November 5, 2018, Commerce released its timeline for the
instant proceeding, including the date of verification.\8\ Commerce
published its Preliminary Results on December 21, 2018.\9\ On January
29, 2019, Commerce exercised its discretion to toll all deadlines
affected by the partial federal government closure from December 22,
2018, through the resumption of operations on January 29, 2019.\10\ On
February 25, 2019, Muyun notified Commerce it would not be
participating in the scheduled verification.\11\
---------------------------------------------------------------------------
\7\ See Memorandum, ``New Shipper Review of the Antidumping Duty
Order on Multilayered Wood Flooring from the People's Republic of
China--APO Access,'' dated October 19, 2018.
\8\ See Memorandum, ``New Shipper Review of the Antidumping Duty
Order on Multilayered Wood Flooring from the People's Republic of
China- Estimated Timeline,'' dated November 5, 2018.
\9\ See Multilayered Wood Flooring from the People's Republic of
China; Preliminary Results of Antidumping Duty New Shipper Review;
2014-2015, 83 FR 65628 (September 21, 2018) (Preliminary Results).
\10\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
\11\ See letter from Muyun, ``Multilayered Wood Flooring from
the People's Republic of China- Response to Department regarding
Verification,'' dated February 25, 2019.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order includes MLWF, subject to
certain exceptions.\12\ The subject merchandise is currently
classifiable under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings: 4412.31.0520; 4412.31.0540; 4412.31.0560;
4412.31.2510; 4412.31.2520; 4412.31.4040; 4412.31.4050; 4412.31.4060;
4412.31.4070; 4412.31.4075; 4412.31.4080; 4412.31.5125; 4412.31.5135;
4412.31.5155; 4412.31.5165; 4412.31.6000; 4412.31.9100; 4412.32.0520;
4412.32.0540; 4412.32.0560; 4412.32.0565; 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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\12\ See Memorandum from Commerce, '' Issues and Decision
Memorandum for the Final Determination of Huzhou Muyun Wood Co.,
Ltd. Antidumping Duty New Shipper Review, 2014-2015: Multilayered
Wood Flooring from the People's Republic of China,'' dated
concurrently (IDM) for a full description of the scope of the order.
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The HTSUS subheadings are provided for convenience and customs
purposes only; the written description of the scope of the order is
dispositive.
Analysis of Comments Received
No parties submitted comments.
Changes Since the Preliminary Results
We find that Muyun has failed to demonstrate its qualification for
a separate rate.
Results of New Shipper Review
In the Preliminary Results, Commerce determined that Muyun was
eligible for a separate rate, through evidence of absence of both de
jure and de facto government control over export activities, and
calculated a 0.00 percent weighted-average dumping margin.\13\ However,
Muyun subsequently notified Commerce that it would not be participating
in Commerce's scheduled verification, rendering Muyun's responses
unreliable and unverifiable.\14\ Accordingly, for these final results
of review, we have determined that Muyun has failed to demonstrate its
qualification for a separate rate and, thus, is part of the China-wide
entity.
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\13\ See Preliminary Results, 83 FR 65628.
\14\ See letter from Muyun, ``Multilayered Wood Flooring from
the People's Republic of China- Response to Department regarding
Verification,'' dated February 25, 2019.
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For further discussion of the issues addressed in this proceeding,
see the IDM.\15\ The IDM is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
in the Central Records Unit, room B8024 of the main Department of
Commerce building. In addition, a complete version of the IDM can be
accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed and the electronic versions of the IDM are
identical in content. A list of the topics addressed in the IDM is
contained in the Appendix to this notice.
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\15\ See IDM.
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Commerce intends to issue assessment instructions to CBP 15 days after
the publication date of the final results of this review. We intend to
instruct CBP to liquidate POR entries of subject merchandise exported
by Muyun at the China-wide entity rate, which is 25.62 percent.
Cash Deposit Requirements
The following cash deposit requirement will be effective upon
publication of the final results of this new shipper review for
shipments of the subject merchandise from China
[[Page 21331]]
entered, or withdrawn from warehouse, for consumption on or after the
publication date, as provided by section 751(a)(2)(C) of the Act: As
Muyun has not been found to be entitled to a separate rate, the cash
deposit rate will be that for the China-wide entity, or 25.62 percent.
These deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding APO
This notice also serves as a reminder to the parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of business proprietary information (BPI)
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern BPI in this segment of the proceeding. Timely
notification of 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 results in accordance with
sections 751(a)(2)(B) and 777(i)(1) of the Act and 19 CFR 351.214.
Dated: May 7, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2019-09900 Filed 5-13-19; 8:45 am]
BILLING CODE 3510-DS-P