Multilayered Wood Flooring From the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2018, 59362-59364 [2021-23373]
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59362
Federal Register / Vol. 86, No. 205 / Wednesday, October 27, 2021 / Notices
the City of San Jose, grantee of FTZ 18,
requesting expanded subzone status for
a facility of Lam Research Corporation,
located in Livermore, California. The
application was submitted pursuant to
the provisions of the Foreign-Trade
Zones Act, as amended (19 U.S.C. 81a–
81u), and the regulations of the FTZ
Board (15 CFR part 400). It was formally
docketed on October 21, 2021.
Subzone 18F—Site 5 is currently
located at 7364 Marathon Drive (4.4
acres) and at 7150 Patterson Pass Road,
Unit G, (2.9 acres) in Livermore and the
site expires on December 31, 2021. (A
minor boundary modification was
approved on March 26, 2020, to remove
Site 5 from the subzone after a period
of time.) The applicant is now
requesting authority to re-designate a
portion of Site 5 that would consist of
4.4 acres located at 7364 Marathon
Drive in Livermore. The expanded
subzone would be subject to the existing
activation limit of FTZ 18.
In accordance with the FTZ Board’s
regulations, Qahira El-Amin of the FTZ
Staff is designated examiner to review
the application and make
recommendations to the Executive
Secretary.
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
December 6, 2021. Rebuttal comments
in response to material submitted
during the foregoing period may be
submitted during the subsequent 15-day
period to December 21, 2021.
A copy of the application will be
available for public inspection in the
‘‘Online FTZ Information Section’’
section of the FTZ Board’s website,
which is accessible via www.trade.gov/
ftz. Additional information regarding
Subzone 18F is available via the FTZ
Board’s website.
For further information, contact
Qahira El-Amin at Qahira.El-Amin@
trade.gov.
Dated: October 21, 2021.
Andrew McGilvray,
Executive Secretary.
lotter on DSK11XQN23PROD with NOTICES1
[FR Doc. 2021–23374 Filed 10–26–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–971]
Multilayered Wood Flooring From the
People’s Republic of China: Final
Results and Partial Rescission of
Countervailing Duty Administrative
Review; 2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) continues to determine that
Riverside Plywood Corporation
(Riverside) and its cross-owned affiliates
Baroque Timber Industries (Baroque
Timber) and Suzhou Times Flooring
Co., Ltd., and Jiangsu Senmao Bamboo
and Wood Industry Co., Ltd. (Jiangsu
Senmao), producers and/or exporters of
multilayered wood flooring (wood
flooring) from the People’s Republic of
China (China), received countervailable
subsidies during the period of review
(POR) January 1, 2018, through
December 31, 2018.
DATES: Applicable October 27, 2021.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure, 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.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce published the Preliminary
Results of this administrative review in
the Federal Register on April 23, 2021,1
and invited interested parties to
comment.
On June 1, 2021, we received case
briefs from the following interested
parties: Riverside, Jiangsu Senmao, Fine
Furniture (Shanghai) Limited and
Double F Limited (collectively, Fine
Furniture), Lumber Liquidators
Services, LLC (including various
Chinese exporters and producers), the
Government of the People’s Republic of
China (GOC), and the American
Manufacturers of Multilayered Wood
Flooring. On June 15, 2021, we received
rebuttal briefs from Riverside, Jiangsu
Senmao, and the American
Manufacturers of Multilayered Wood
Flooring. For a complete description of
1 See 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, 86 FR
21693 (April 23, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
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the events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.2
On July 29, 2021, we extended the
deadline for these final results to
October 20, 2021.3
Scope of the Order
The product covered by the Order 4 is
multilayered wood flooring from China.
For a complete description of the scope
of the Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the parties’ briefs
are addressed in the Issues and Decision
Memorandum. A list of the issues
addressed is attached to this notice at
Appendix I. The Issues and 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 Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of the case and
rebuttal briefs and the evidence on the
record, we made certain changes from
the Preliminary Results. These changes
are explained in the Issues and Decision
Memorandum.
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
find that there is a subsidy, i.e., a
government-provided financial
contribution that gives rise to a benefit
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2018
Countervailing Duty Administrative Review of
Multilayered Wood Flooring from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘Administrative Review of
the Countervailing Duty Order on Multilayered
Wood Flooring from the People’s Republic of China:
Extension of Deadline for Final Results,’’ dated July
29, 2021.
4 See Multilayered Wood Flooring from the
People’s Republic of China: Countervailing Duty
Order, 76 FR 76693 (December 8, 2011) (Order); see
also Multilayered Wood Flooring from the People’s
Republic of China: Amended Antidumping and
Countervailing Duty Orders, 77 FR 5484 (February
3, 2012) (Amended Order); and Multilayered Wood
Flooring from the People’s Republic of China: Final
Clarification of the Scope of the Antidumping and
Countervailing Duty Orders, 82 FR 27799 (June 19,
2017).
E:\FR\FM\27OCN1.SGM
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Federal Register / Vol. 86, No. 205 / Wednesday, October 27, 2021 / Notices
to the recipient, and that the subsidy is
specific.5 The Issues and Decision
Memorandum contains a full
description of the methodology
underlying Commerce’s conclusions,
including any determination that relied
upon the use of adverse facts available
pursuant to sections 776(a) and (b) of
the Act.
Partial Rescission of Administrative
Review
As noted in the Preliminary Results,
Commerce timely received no-shipment
certifications from Innomaster Home
(Zhongshan) Co., Ltd.; Jiangsu Yuhui
International Trade Co., Ltd.; Jiashan
On-Line Lumber Co., Ltd.; and
Shandong Longteng Wood Co., Ltd. We
inquired with U.S. Customs and Border
Protection (CBP) whether these
companies had shipped merchandise to
the United States during the POR, and
CBP provided no evidence to contradict
the claims of no shipments made by
these companies. Accordingly, in the
Preliminary Results, Commerce stated
its intention to rescind the review with
respect to these companies in the final
results. As the facts in this regard are
unchanged since the Preliminary
Results, we are rescinding the
administrative review of these
companies, pursuant to 19 CFR
351.213(d)(3).
lotter on DSK11XQN23PROD with NOTICES1
Final Results of Administrative Review
In accordance with 19 CFR
351.221(b)(5), we calculated a final
countervailable subsidy rate for each of
the mandatory respondents, Riverside
and Jiangsu Senmao. For the companies
subject to this review that were not
selected for individual examination, we
followed Commerce practice, which is
to base the subsidy rates on an average
of the subsidy rates calculated for those
companies selected for individual
examination, excluding de minimis
rates or rates based entirely on adverse
facts available. In this case, for the nonselected companies, we calculated a rate
by weight-averaging the calculated
subsidy rates of Riverside and Jiangsu
Senmao using their publicly-ranged
sales data for exports of subject
merchandise to the United States during
the POR. We find the countervailable
subsidy rates for the producers/
exporters under review to be as follows:
5 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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Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
Riverside Plywood Corporation
and its Cross-Owned Affiliates 6
9.18 responsibility concerning the
destruction of proprietary information
Jiangsu Senmao Bamboo and
Wood Industry Co., Ltd .............
5.81 disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
Non-Selected Companies Under
Review 7 ....................................
8.17 written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
Assessment Rates
hereby requested. Failure to comply
Pursuant to 19 CFR 351.212(b)(2),
with the regulations and terms of an
Commerce will determine, and CBP
APO is a sanctionable violation.
shall assess, countervailing duties on all
We are issuing and publishing these
appropriate entries of subject
final results in accordance with sections
merchandise in accordance with the
751(a)(1) and 777(i)(1) of the Act.
final results of this review, for the
Dated: October 20, 2021.
above-listed companies at the applicable Ryan Majerus,
ad valorem assessment rates listed. We
Deputy Assistant Secretary for Policy and
intend to issue assessment instructions
Negotiations, performing the non-exclusive
to CBP 35 days after the date of
functions and duties of the Assistant
publication of these final results of
Secretary for Enforcement and Compliance.
review. If a timely summons is filed at
Appendix I
the U.S. Court of International Trade,
the assessment instructions will direct
List of Topics Discussed in the Final
CBP not to liquidate relevant entries
Decision Memorandum
until the time for parties to file a request
I. Summary
for a statutory injunction has expired
II. Background
(i.e., within 90 days of publication).
III. Scope of the Order
IV. Rescission of the Review, In Part
For the companies for which this
V. Period of Review
review is rescinded, Commerce will
VI. Subsidies Valuation Information
instruct CBP to assess countervailing
VII. Changes Since the Preliminary Results
duties on all appropriate entries at a rate VIII. Use of Facts Otherwise Available
equal to the cash deposit of estimated
IX. Analysis of Programs
countervailing duties required at the
X. Discussion of Comments
time of entry, or withdrawal from
Comment 1: Whether To Apply Adverse
Facts Available to the Export Buyer’s
warehouse, for consumption, during the
Credit Program
POR in accordance with 19 CFR
Comment 2: Whether There Is a Basis to
351.212(c)(l)(i).
Producer/exporter
Subsidy
rate
(percent)
Cash Deposit Instructions
In accordance with section
751(a)(2)(C) of the Act, Commerce also
intends 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
publication of the final results of this
administrative review. For all nonreviewed firms subject to the Order, 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, effective upon
publication of these final results, shall
remain in effect until further notice.
6 Cross-owned affiliates are Baroque Timber
Industries and Suzhou Times Flooring Co., Ltd.
7 See Appendix II.
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Apply Adverse Facts Available
Regarding the Countervailability of the
Provision of Electricity for Less Than
Adequate Remuneration
Comment 3: Whether the Electricity Rate
Benchmark Selected for Adverse Facts
Available Is Flawed
Comment 4: Whether There Is a Basis to
Apply Adverse Facts Available to
Specificity Regarding the
Countervailability of the Provision of
Inputs for Less Than Adequate
Remuneration
Comment 5: Whether Individually-Owned
Suppliers Are Government Authorities
Comment 6: Whether Commerce Should
Include International Tropical Timber
Organization Data in the Plywood
Benchmark Price for the Provision of
Plywood for Less Than Adequate
Remuneration
Comment 7: Whether Commerce Should
Revise its Benchmark Prices to Properly
Value Multiple Sources of Data
Comment 8: Whether Commerce Should
Apply Partial Adverse Facts Available to
Riverside and Baroque Timber for
Failing to Fully Report Purchases of
Backboard Veneers
Comment 9: Whether Backboards Are
Properly Defined as Veneers
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Federal Register / Vol. 86, No. 205 / Wednesday, October 27, 2021 / Notices
Comment 10: Whether to Use Riverside’s
and Baroque Timber’s Density Estimates
Based on Actual Purchases or Density
Figures from the 2017 Administrative
Review in the Provision of Fiberboard
and Veneers for Less Than Adequate
Remuneration Calculations
Comment 11: Whether Commerce
Incorrectly Calculated Baroque Timber’s
Unit Price for Fiberboard and Veneers
Comment 12: Whether to Include a
Specific Harmonized Tariff Schedule
Subheading in the Veneer Benchmark
Calculation
Comment 13: Whether Commerce Should
Adjust the Value-Added Tax Used to
Calculate Benchmark Prices for the
Provision of Inputs for Less Than
Adequate Remuneration Calculations
Comment 14: Whether Commerce Should
Revise Inland Freight Costs Used To
Calculate Benchmark Prices for the
Provision of Inputs for Less Than
Adequate Remuneration Calculations
A. Domestic Transportation and Border
Fees
B. Jiangsu Senmao’s Inland Freight
Distance
C. Jiangsu Senmao’s Domestic
Transportation Rate
Comment 15: Whether Commerce Should
Include Negative Less Than Adequate
Remuneration Calculations in Benefits
Comment 16: Whether Commerce’s
Decision to Countervail ‘‘Other
Subsidies’’ Is Contrary to Law
Comment 17: Whether Commerce Should
Assign Kember Flooring a
Countervailable Duty Subsidy Rate
Comment 18: Whether Commerce Should
Revise the U.S. Customs and Border
Protection Instructions
XI. Recommendation
lotter on DSK11XQN23PROD with NOTICES1
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.
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16:47 Oct 26, 2021
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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 Co.,
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. Kember Flooring, Inc. (aka Kember
Hardwood Flooring, Inc.)
46. Kemian Wood Industry (Kunshan) Co.,
Ltd.
47. Kingman Floors Co., Ltd.
48. Linyi Anying Wood Co., Ltd.
49. Linyi Youyou Wood Co., Ltd. (successorin-interest to Shanghai Lizhong Wood
Products Co., Ltd.) (aka, The Lizhong
Wood Industry Limited Company of
Shanghai)
50. Pinge Timber Manufacturing (Zhejiang)
Co., Ltd.
51. Power Dekor Group Co. Ltd.
52. Scholar Home (Shanghai) New Material
Co. Ltd.
53. Shanghaifloor Timber (Shanghai) Co.,
Ltd.
54. Sino-Maple (Jiangsu) Co., Ltd.
55. Suzhou Dongda Wood Co., Ltd.
56. Tongxiang Jisheng Import and Export Co.,
Ltd.
57. Xiamen Yung De Ornament Co., Ltd.
58. Xuzhou Shenghe Wood Co., Ltd.
59. Yekalon Industry, Inc.
60. Yihua Lifestyle Technology Co., Ltd.
61. Yingyi-Nature (Kunshan) Wood Industry
Co., Ltd.
62. Zhejiang Dadongwu Greenhome Wood
Co., Ltd.
63. Zhejiang Fuerjia Wooden Co., Ltd.
64. Zhejiang Jiechen Wood Industry Co., Ltd.
65. Zhejiang Longsen Lumbering Co., Ltd.
66. Zhejiang Shiyou Timber Co., Ltd.
67. Zhejiang Shuimojiangnan New Material
Technology Co., Ltd.
68. Zhejiang Simite Wooden Co., Ltd.
[FR Doc. 2021–23373 Filed 10–26–21; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–520–807]
Circular Welded Carbon-Quality Steel
Pipe From the United Arab Emirates:
Final Results of Antidumping Duty
Administrative Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that producers
and/or exporters subject to this
administrative review made sales of
subject merchandise at less than fair
value (LTFV) during the period of
review (POR), December 1, 2018,
through November 30, 2019.
DATES: Applicable October 27, 2021.
FOR FURTHER INFORMATION CONTACT:
Benjamin A. Luberda or Steven Seifert,
AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2185 or
(202) 482–3350, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This review covers three producers/
exporters of the subject merchandise.
Commerce selected two mandatory
respondents for individual examination:
Ajmal Steel Tubes & Pipes Ind. L.L.C./
Noble Steel Industries L.L.C.
(collectively, Ajmal) 1 and Universal
Tube and Plastic Industries, Ltd./THL
Tube and Pipe Industries LLC/KHK
Scaffolding and Formwork LLC
(collectively, Universal).2 The producer/
1 We collapsed Ajmal Steel Tubes & Pipes Ind.
L.L.C. and Noble Steel Industries L.L.C. together in
the final results of the 2016–2017 administrative
review. See Circular Welded Carbon-Quality Steel
Pipe from the United Arab Emirates: Final Results
of Antidumping Duty Administrative Review; 2016–
2017, 84 FR 44845 (August 27, 2019) (CWP from the
UAE 2016–2017 Final Results). Because there is no
information on the record of this administrative
review that would lead us to revisit this
determination, we are continuing to treat these
companies as part of a single entity for the purposes
of this administrative review.
2 Commerce previously determined that Universal
is a single entity consisting of the following three
producers/exporters of subject merchandise:
Universal Tube and Plastic Industries, Ltd.; KHK
Scaffolding and Framework LLC; and Universal
Tube and Pipe Industries LLC (UTP). See Circular
Welded Carbon-Quality Steel Pipe from the United
Arab Emirates: Affirmative Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 81 FR 36882
(June 8, 2016), and accompanying Preliminary
Decision Memorandum, unchanged in Circular
Welded Carbon-Quality Steel Pipe from the United
Arab Emirates: Final Determination of Sales at Less
E:\FR\FM\27OCN1.SGM
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Agencies
[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59362-59364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23373]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-971]
Multilayered Wood Flooring From the People's Republic of China:
Final Results and Partial Rescission of Countervailing Duty
Administrative Review; 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) continues to determine
that Riverside Plywood Corporation (Riverside) and its cross-owned
affiliates Baroque Timber Industries (Baroque Timber) and Suzhou Times
Flooring Co., Ltd., and Jiangsu Senmao Bamboo and Wood Industry Co.,
Ltd. (Jiangsu Senmao), producers and/or exporters of multilayered wood
flooring (wood flooring) from the People's Republic of China (China),
received countervailable subsidies during the period of review (POR)
January 1, 2018, through December 31, 2018.
DATES: Applicable October 27, 2021.
FOR FURTHER INFORMATION CONTACT: Dennis McClure, 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.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review in the Federal Register on April 23, 2021,\1\ and invited
interested parties to comment.
---------------------------------------------------------------------------
\1\ See 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, 86 FR 21693
(April 23, 2021) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
On June 1, 2021, we received case briefs from the following
interested parties: Riverside, Jiangsu Senmao, Fine Furniture
(Shanghai) Limited and Double F Limited (collectively, Fine Furniture),
Lumber Liquidators Services, LLC (including various Chinese exporters
and producers), the Government of the People's Republic of China (GOC),
and the American Manufacturers of Multilayered Wood Flooring. On June
15, 2021, we received rebuttal briefs from Riverside, Jiangsu Senmao,
and the American Manufacturers of Multilayered Wood Flooring. For a
complete description of the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2018 Countervailing Duty Administrative Review
of Multilayered Wood Flooring from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
On July 29, 2021, we extended the deadline for these final results
to October 20, 2021.\3\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Administrative Review of the
Countervailing Duty Order on Multilayered Wood Flooring from the
People's Republic of China: Extension of Deadline for Final
Results,'' dated July 29, 2021.
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order \4\ is multilayered wood flooring
from China. For a complete description of the scope of the Order, see
the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\4\ See Multilayered Wood Flooring from the People's Republic of
China: Countervailing Duty Order, 76 FR 76693 (December 8, 2011)
(Order); see also Multilayered Wood Flooring from the People's
Republic of China: Amended Antidumping and Countervailing Duty
Orders, 77 FR 5484 (February 3, 2012) (Amended Order); and
Multilayered Wood Flooring from the People's Republic of China:
Final Clarification of the Scope of the Antidumping and
Countervailing Duty Orders, 82 FR 27799 (June 19, 2017).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the parties' briefs are addressed in the
Issues and Decision Memorandum. A list of the issues addressed is
attached to this notice at Appendix I. The Issues and 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 Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our analysis of the case and rebuttal briefs and the
evidence on the record, we made certain changes from the Preliminary
Results. These changes are explained in the Issues and Decision
Memorandum.
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 find that there is a
subsidy, i.e., a government-provided financial contribution that gives
rise to a benefit
[[Page 59363]]
to the recipient, and that the subsidy is specific.\5\ The Issues and
Decision Memorandum contains a full description of the methodology
underlying Commerce's conclusions, including any determination that
relied upon the use of adverse facts available pursuant to sections
776(a) and (b) of the Act.
---------------------------------------------------------------------------
\5\ 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.
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
As noted in the Preliminary Results, Commerce timely received no-
shipment certifications from Innomaster Home (Zhongshan) Co., Ltd.;
Jiangsu Yuhui International Trade Co., Ltd.; Jiashan On-Line Lumber
Co., Ltd.; and Shandong Longteng Wood Co., Ltd. We inquired with U.S.
Customs and Border Protection (CBP) whether these companies had shipped
merchandise to the United States during the POR, and CBP provided no
evidence to contradict the claims of no shipments made by these
companies. Accordingly, in the Preliminary Results, Commerce stated its
intention to rescind the review with respect to these companies in the
final results. As the facts in this regard are unchanged since the
Preliminary Results, we are rescinding the administrative review of
these companies, pursuant to 19 CFR 351.213(d)(3).
Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(5), we calculated a final
countervailable subsidy rate for each of the mandatory respondents,
Riverside and Jiangsu Senmao. For the companies subject to this review
that were not selected for individual examination, we followed Commerce
practice, which is to base the subsidy rates on an average of the
subsidy rates calculated for those companies selected for individual
examination, excluding de minimis rates or rates based entirely on
adverse facts available. In this case, for the non-selected companies,
we calculated a rate by weight-averaging the calculated subsidy rates
of Riverside and Jiangsu Senmao using their publicly-ranged sales data
for exports of subject merchandise to the United States during the POR.
We find the countervailable subsidy rates for the producers/exporters
under review to be as follows:
------------------------------------------------------------------------
Subsidy
Producer/exporter rate
(percent)
------------------------------------------------------------------------
Riverside Plywood Corporation and its Cross-Owned Affiliates 9.18
\6\.........................................................
Jiangsu Senmao Bamboo and Wood Industry Co., Ltd............. 5.81
Non-Selected Companies Under Review \7\...................... 8.17
------------------------------------------------------------------------
Assessment Rates
Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and CBP
shall assess, countervailing duties on all appropriate entries of
subject merchandise in accordance with the final results of this
review, for the above-listed companies at the applicable ad valorem
assessment rates listed. We intend to issue assessment instructions to
CBP 35 days after the date of publication of these final results of
review. 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).
---------------------------------------------------------------------------
\6\ Cross-owned affiliates are Baroque Timber Industries and
Suzhou Times Flooring Co., Ltd.
\7\ See Appendix II.
---------------------------------------------------------------------------
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 POR in accordance with 19 CFR 351.212(c)(l)(i).
Cash Deposit Instructions
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends 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
publication of the final results of this administrative review. For all
non-reviewed firms subject to the Order, 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, effective
upon publication of these final results, shall remain in effect until
further notice.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction 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 in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 20, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Final Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of the Review, In Part
V. Period of Review
VI. Subsidies Valuation Information
VII. Changes Since the Preliminary Results
VIII. Use of Facts Otherwise Available
IX. Analysis of Programs
X. Discussion of Comments
Comment 1: Whether To Apply Adverse Facts Available to the
Export Buyer's Credit Program
Comment 2: Whether There Is a Basis to Apply Adverse Facts
Available Regarding the Countervailability of the Provision of
Electricity for Less Than Adequate Remuneration
Comment 3: Whether the Electricity Rate Benchmark Selected for
Adverse Facts Available Is Flawed
Comment 4: Whether There Is a Basis to Apply Adverse Facts
Available to Specificity Regarding the Countervailability of the
Provision of Inputs for Less Than Adequate Remuneration
Comment 5: Whether Individually-Owned Suppliers Are Government
Authorities
Comment 6: Whether Commerce Should Include International
Tropical Timber Organization Data in the Plywood Benchmark Price for
the Provision of Plywood for Less Than Adequate Remuneration
Comment 7: Whether Commerce Should Revise its Benchmark Prices
to Properly Value Multiple Sources of Data
Comment 8: Whether Commerce Should Apply Partial Adverse Facts
Available to Riverside and Baroque Timber for Failing to Fully
Report Purchases of Backboard Veneers
Comment 9: Whether Backboards Are Properly Defined as Veneers
[[Page 59364]]
Comment 10: Whether to Use Riverside's and Baroque Timber's
Density Estimates Based on Actual Purchases or Density Figures from
the 2017 Administrative Review in the Provision of Fiberboard and
Veneers for Less Than Adequate Remuneration Calculations
Comment 11: Whether Commerce Incorrectly Calculated Baroque
Timber's Unit Price for Fiberboard and Veneers
Comment 12: Whether to Include a Specific Harmonized Tariff
Schedule Subheading in the Veneer Benchmark Calculation
Comment 13: Whether Commerce Should Adjust the Value-Added Tax
Used to Calculate Benchmark Prices for the Provision of Inputs for
Less Than Adequate Remuneration Calculations
Comment 14: Whether Commerce Should Revise Inland Freight Costs
Used To Calculate Benchmark Prices for the Provision of Inputs for
Less Than Adequate Remuneration Calculations
A. Domestic Transportation and Border Fees
B. Jiangsu Senmao's Inland Freight Distance
C. Jiangsu Senmao's Domestic Transportation Rate
Comment 15: Whether Commerce Should Include Negative Less Than
Adequate Remuneration Calculations in Benefits
Comment 16: Whether Commerce's Decision to Countervail ``Other
Subsidies'' Is Contrary to Law
Comment 17: Whether Commerce Should Assign Kember Flooring a
Countervailable Duty Subsidy Rate
Comment 18: Whether Commerce Should Revise the U.S. Customs and
Border Protection Instructions
XI. 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 Co., 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. Kember Flooring, Inc. (aka Kember Hardwood Flooring, Inc.)
46. Kemian Wood Industry (Kunshan) Co., Ltd.
47. Kingman Floors Co., Ltd.
48. Linyi Anying Wood Co., Ltd.
49. Linyi Youyou Wood Co., Ltd. (successor-in-interest to Shanghai
Lizhong Wood Products Co., Ltd.) (aka, The Lizhong Wood Industry
Limited Company of Shanghai)
50. Pinge Timber Manufacturing (Zhejiang) Co., Ltd.
51. Power Dekor Group Co. Ltd.
52. Scholar Home (Shanghai) New Material Co. Ltd.
53. Shanghaifloor Timber (Shanghai) Co., Ltd.
54. Sino-Maple (Jiangsu) Co., Ltd.
55. Suzhou Dongda Wood Co., Ltd.
56. Tongxiang Jisheng Import and Export Co., Ltd.
57. Xiamen Yung De Ornament Co., Ltd.
58. Xuzhou Shenghe Wood Co., Ltd.
59. Yekalon Industry, Inc.
60. Yihua Lifestyle Technology Co., Ltd.
61. Yingyi-Nature (Kunshan) Wood Industry Co., Ltd.
62. Zhejiang Dadongwu Greenhome Wood Co., Ltd.
63. Zhejiang Fuerjia Wooden Co., Ltd.
64. Zhejiang Jiechen Wood Industry Co., Ltd.
65. Zhejiang Longsen Lumbering Co., Ltd.
66. Zhejiang Shiyou Timber Co., Ltd.
67. Zhejiang Shuimojiangnan New Material Technology Co., Ltd.
68. Zhejiang Simite Wooden Co., Ltd.
[FR Doc. 2021-23373 Filed 10-26-21; 8:45 am]
BILLING CODE 3510-DS-P