Multilayered Wood Flooring From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, and Intent To Rescind Review, in Part; 2018, 21693-21695 [2021-08512]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Notices]
[Pages 21693-21695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08512]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-971]


Multilayered Wood Flooring From the People's Republic of China: 
Preliminary Results of Countervailing Duty Administrative Review, and 
Intent To Rescind Review, in Part; 2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of multilayered wood flooring (wood flooring) from the 
People's Republic of China (China). The period of review (POR) is 
January 1, 2018, through December 31, 2018. Interested parties are 
invited to comment on these preliminary results of review.

DATES: Applicable April 23, 2021.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Suzanne Lam, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: 202-482-5973 or 202-482-
0783, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 8, 2011, Commerce issued a countervailing duty (CVD) 
order on multilayered wood flooring from China.\1\ Several interested 
parties requested that Commerce conduct an administrative review of the 
Order and, on February 6, 2021, Commerce published in the Federal 
Register a notice of initiation of an administrative review of the 
Order on 166 producers/exporters for the POR.\2\ On July 16, 2020, we 
rescinded this administrative review, in part, with respect to 91 
companies, based on timely withdrawal of review requests.\3\ For events 
that occurred since the Initiation Notice, see the Preliminary Decision 
Memorandum.\4\
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    \1\ See Multilayered Wood Flooring from the People's Republic of 
China: Countervailing Duty Order, 76 FR 76693 (December 8, 2011) 
(Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 6896 (February 6, 2020) (Initiation 
Notice).
    \3\ See Multilayered Wood Flooring from the People's Republic of 
China: Partial Rescission of Countervailing Duty Administrative 
Review; 2018, 85 FR 43207 (July 16, 2020).
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results in the Countervailing Duty Administrative Review of 
Multilayered Wood Flooring from the People's Republic of China; 
2018,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The product covered by the Order is wood flooring from China. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Intent to Rescind Administrative Review, in Part

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
information, and the no shipment certifications submitted by Innomaster 
Home (Zhongshan) Co., Ltd., Jiangsu Yuhui International Trade Co., 
Ltd., Jiashan On-Line Lumber Co., Ltd., and Shandong Longteng Wood Co., 
Ltd.,\5\ Commerce preliminarily determines that these companies had no 
shipments of subject merchandise during the POR. For additional 
information regarding this determination, see the Preliminary Decision 
Memorandum. Absent any evidence of shipments being placed on the 
record, pursuant to 19 CFR 351.213(d)(3), we intend to rescind the 
administrative review of these companies in the final results of 
review.
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    \5\ See Memorandum, ``No Shipment Inquiry for certain companies 
during the period 01/01/2018 through 12/31/2018,'' dated March 26, 
2021.

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[[Page 21694]]

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we preliminarily 
determine that there is a subsidy, i.e., a financial contribution by an 
``authority'' that confers a benefit to the recipient, and that the 
subsidy is specific.\6\ For a full description of the methodology 
underlying our preliminary conclusions, including our reliance, in 
part, on adverse facts available pursuant to sections 776(a) and (b) of 
the Act, see the Preliminary Decision Memorandum.
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    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov/frn/. A 
list of topics discussed in the Preliminary Decision Memorandum is 
included as Appendix I to this notice.

Preliminary Rate for Non-Selected Companies Under Review

    There are 67 companies for which a review was requested and not 
rescinded, and which were not selected as mandatory respondents or 
found to be cross-owned with a mandatory respondent. For these 
companies, because the rates calculated for the mandatory respondents, 
Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. (Jiangsu Senmao) and 
Riverside Plywood Corp. (Riverside Plywood), were above de minimis and 
not based entirely on facts available, we applied a subsidy rate based 
on a weighted-average of the subsidy rates calculated for Jiangsu 
Senmao and Riverside Plywood using publicly-ranged sales data submitted 
by these mandatory respondents. This methodology to establish the all-
others subsidy rate is consistent with our practice and section 
705(c)(5)(A) of the Act. For further information on the calculation of 
the non-selected respondent rate, refer to the section in the 
Preliminary Decision Memorandum entitled ``Non-Selected Companies Under 
Review.'' For a list of the non-selected companies, see Appendix II to 
this notice.

Preliminary Results of the Review

    In accordance with 19 CFR 351.221(b)(4)(i), we calculated a 
countervailable subsidy rate for each of the mandatory respondents, 
Jiangsu Senmao and Riverside Plywood, and their cross-owned affiliates, 
where applicable.
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    \7\ Cross-owned affiliates are Baroque Timber Industries 
(Zhongshan) Co., Ltd. and Suzhou Times Flooring Co., Ltd.
    \8\ See Appendix II.
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    We preliminarily find the countervailable subsidy rates for the 
mandatory and non-selected respondents under review to be as follows:

------------------------------------------------------------------------
                                                                Subsidy
                      Producer/exporter                           rate
                                                               (percent)
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Riverside Plywood Corp. and its Cross-Owned Affiliates \7\...       9.36
Jiangsu Senmao Bamboo and Wood Industry Co., Ltd.............       5.19
Non-Selected Companies Under Review \8\......................       8.12
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Disclosure and Public Comment

    We intend to disclose to interested parties the calculations 
performed for these preliminary results within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of these preliminary results of review.\9\ 
Rebuttals to case briefs may be filed no later than seven days after 
the case briefs are filed, and all rebuttal comments must be limited to 
comments raised in the case briefs.\10\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information until further notice.\11\
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    \9\ See 19 CFR 351.309(c).
    \10\ See 19 CFR 351.309(d).
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18, 
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
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    Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit 
case briefs or rebuttal briefs in this review are encouraged to submit 
with each argument: (1) A statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.
    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, 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. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
    Unless extended, we intend to issue the final results of this 
administrative review, which will include the results of our analysis 
of the issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, pursuant to 
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned subsidy rates in the amounts shown above for the producer/
exporters shown above. Upon completion of the administrative review, 
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), 
Commerce shall determine, and CBP shall assess, countervailing duties 
on all appropriate entries covered by this review. 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, 2018, through December 31, 2018, in accordance 
with 19 CFR 351.212(c)(l)(i). Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, Commerce intends, 
upon publication of the final results, to instruct CBP to collect cash 
deposits of estimated countervailing duties in the amounts shown for 
each of the respective companies listed above on shipments of subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date of

[[Page 21695]]

publication of the final results of this administrative review. For all 
non-reviewed firms, we will instruct CBP to continue to collect cash 
deposits at the most recent company-specific or all-others rate 
applicable to the company. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Interested Parties

    These preliminary results are issued and published pursuant to 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: April 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Non-Selected Companies Under Review
IV. Scope of the Order
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VII. Subsidies Valuation
VIII. Interest Rate Benchmarks, Discount Rates, Inputs, Land-Use and 
Electricity
IX. Analysis of Programs
X. Recommendation

Appendix II--Non-Selected Companies Under Review

1. Anhui Boya Bamboo & Wood Products Co., Ltd.
2. Anhui Longhua Bamboo Product Co., Ltd.
3. Anhui Yaolong Bamboo & Wood Products Co., Ltd.
4. Armstrong Wood Products (Kunshan) Co., Ltd.
5. Benxi Flooring Factory (General Partnership)
6. Benxi Wood Company
7. Changzhou Hawd Flooring Co., Ltd.
8. Dalian Huilong Wooden Products Co., Ltd.
9. Dalian Jaenmaken Wood Industry Co., Ltd.
10. Dalian Jiahong Wood Industry Co., Ltd.
11. Dalian Kemian Wood Industry Co., Ltd.
12. Dalian Penghong Floor Products Co., Ltd.
13. Dalian Qianqiu Wooden Product Co., Ltd.
14. Dalian Shengyu Science and Technology Development Co.
15. Dalian Shumaike Floor Manufacturing Co., Ltd.
16. Dalian T-Boom Wood Products Co., Ltd.
17. Dongtai Fuan Universal Dynamics, LLC
18. Dun Hua Sen Tai Wood Co., Ltd.
19. Dunhua City Dexin Wood Industry Co., Ltd.
20. Dunhua City Hongyuan Wood Industry Co., Ltd.
21. Dunhua City Jisen Wood Industry Co., Ltd.
22. Dunhua Shengda Wood Industry Co., Ltd.
23. Fine Furniture (Shanghai) Limited
24. Fusong Jinlong Wooden Group Co., Ltd.
25. Fusong Jinqiu Wooden Product Co., Ltd.
26. Fusong Qianqiu Wooden Product Co., Ltd.
27. Guangzhou Homebon Timber Manufacturing Co., Ltd.
28. HaiLin LinJing Wooden Products, Ltd
29. Hangzhou Hanje Tec Company Limited
30. Hangzhou Zhengtian Industrial Co., Ltd.
31. Hunchun Forest Wolf Wooden Industry Co., Ltd.
32. Hunchun Xingjia Wooden Flooring Inc.
33. Huzhou Chenghang Wood Co., Ltd.
34. Huzhou Fulinmen Imp. & Exp. Co., Ltd.
35. Huzhou Jesonwood Co., Ltd.
36. Huzhou Sunergy World Trade Co., Ltd.
37. Jiangsu Guyu International Trading Co., Ltd.
38. Jiangsu Keri Wood Co., Ltd.
39. Jiangsu Mingle Flooring Co., Ltd.
40. Jiangsu Simba Flooring Co., Ltd.
41. Jiashan HuiJiaLe Decoration Material Co., Ltd.
42. Jiaxing Hengtong Wood Co., Ltd.
43. Jilin Xinyuan Wooden Industry Co., Ltd.
44. Karly Wood Product Limited
45. Kemian Wood Industry (Kunshan) Co., Ltd
46. Kingman Floors Co., Ltd.
47. Linyi Anying Wood Co., Ltd.
48. Linyi Youyou Wood Co., Ltd. (successor-in-interest to Shanghai 
Lizhong Wood Products Co., Ltd.) (a/k/a The Lizhong Wood Industry 
Limited Company of Shanghai)
49. Pinge Timber Manufacturing (Zhejiang) Co., Ltd.
50. Power Dekor Group Co. Ltd.
51. Scholar Home (Shanghai) New Material Co. Ltd.
52. Shanghaifloor Timber (Shanghai) Co., Ltd.
53. Sino-Maple (Jiangsu) Co., Ltd.
54. Suzhou Dongda Wood Co., Ltd.
55. Tongxiang Jisheng Import and Export Co., Ltd.
56. Xiamen Yung De Ornament Co., Ltd.
57. Xuzhou Shenghe Wood Co., Ltd.
58. Yekalon Industry, Inc.
59. Yihua Lifestyle Technology Co., Ltd.
60. Yingyi-Nature (Kunshan) Wood Industry Co., Ltd.
61. Zhejiang Dadongwu Greenhome Wood Co., Ltd.
62. Zhejiang Fuerjia Wooden Co., Ltd.
63. Zhejiang Jiechen Wood Industry Co., Ltd.
64. Zhejiang Longsen Lumbering Co., Ltd.
65. Zhejiang Shiyou Timber Co., Ltd.
66. Zhejiang Shuimojiangnan New Material Technology Co., Ltd.
67. Zhejiang Simite Wooden Co., Ltd.

[FR Doc. 2021-08512 Filed 4-22-21; 8:45 am]
BILLING CODE 3510-DS-P