Multilayered Wood Flooring From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, Final Successor-in-Interest Determination, and Final Determination of No Shipments; 2018-2019, 59987-59990 [2021-23561]
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Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Notices
For the companies identified above
that were not selected for individual
examination, we will instruct CBP to
liquidate entries at the rates established
after the completion of the final results
of review.
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).
khammond on DSKJM1Z7X2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication in the Federal Register of
the notice of final results of
administrative review for all shipments
of hot-rolled steel from Korea entered,
or withdrawn from warehouse, for
consumption on or after the date of
publication as provided by section
751(a)(2)(C) of the Act: (1) The cash
deposit rate for the respondents will be
equal to the weighted-average dumping
margin established in the final results of
this administrative review; (2) for
merchandise exported by a company not
covered in this review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published in the
completed segment for the most recent
period; (3) if the exporter is not a firm
covered in this review or the original
investigation but the producer is, then
the cash deposit rate will be the rate
established in the completed segment
for the most recent period for the
producer of the merchandise; (4) the
cash deposit rate for all other producers
or exporters will continue to be 6.05
percent, the all-others rate established
in the less-than-fair-value
investigation.17 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
17 See
Order, 81 FR at 67965.
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subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: October 25, 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
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Successor-In-Interest Determination
V. Affiliation and Single Entity Treatment
VI. Particular Market Situation Allegation
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021–23593 Filed 10–28–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970]
Multilayered Wood Flooring From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review, Final
Successor-in-Interest Determination,
and Final Determination of No
Shipments; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Jiangsu
Senmao Bamboo and Wood Industry
Co., Ltd. (Senmao) has not made sales
of multilayered wood flooring (wood
flooring) from the People’s Republic of
China (China) at prices below normal
value during the period of review (POR)
December 1, 2018, through November
30, 2019. In addition, Commerce
determines that certain companies had
no shipments during the POR and that
Arte Mundi (Shanghai) Aesthetic Home
Furnishings Co., Ltd. (Arte Mundi) is
the successor-in-interest to Scholar
Home (Shanghai) New Material Co., Ltd.
(Scholar Home).
DATES: Applicable October 29, 2021.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin or Alexis Cherry, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
AGENCY:
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59987
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: 202–482–6478
and 202–482–0607, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Results of the administrative review on
April 26, 2021.1 For the events that
occurred since Commerce published the
Preliminary Results, see the Issues and
Decision Memorandum.2 Commerce
conducted this review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act). On July 26,
2021, we extended the deadline for
these final results to October 22, 2021.3
Scope of the Order 4
The product covered by the Order is
wood flooring from China. A full
description of the scope of the Order is
contained in 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 these issues is
attached to this notice.5 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
1 See Multilayered Wood Flooring from the
People’s Republic of China: Preliminary Results of
the Antidumping Duty Administrative Review,
Preliminary Determination of No Shipments,
Preliminary Successor in-Interest Determination,
and Rescission of Review, in Part; 2018–2019, 86 FR
22016 (April 26, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum: Antidumping Duty Administrative
Review of Multilayered Wood Flooring from the
People’s Republic of China; 2018–2019,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 See Memorandum, ‘‘Multilayered Wood
Flooring from the People’s Republic of China:
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’ dated
July 26, 2021.
4 See Multilayered Wood Flooring from the
People’s Republic of China: Notice of Amended
Final Affirmative Determination of Sales at Less
than Fair Value and Antidumping Duty Order, 76
FR 76690 (December 8, 2011), as amended in
Multilayered Wood Flooring from the People’s
Republic of China: Amended Antidumping and
Countervailing Duty Orders, 77 FR 5484 (February
3, 2012) (collectively, Order); see also 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).
5 See Appendix I.
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Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Notices
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes From the Preliminary Results
Based on information received since
the Preliminary Results, we determine
that one additional company, Kemian
Wood Industry (Kunshan) Co., Ltd., is
eligible for a separate rate.6
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined that certain companies did
not have shipments of subject
merchandise during the POR. As we
received no information to contradict
our preliminary determination with
respect to those companies, we continue
to find that they made no shipments of
subject merchandise to the United
States during the POR. Accordingly, we
will issue appropriate instructions that
are consistent with our ‘‘automatic
assessment’’ clarification for all of the
companies listed in Appendix II.7
Final Results of Successor-in-Interest
Analysis
In the Preliminary Results, Commerce
determined that Arte Mundi is the
successor-in-interest to Scholar Home.8
No party commented on this issue and
we have not received any information to
contradict our preliminary finding.
Therefore, we continue to find that Arte
Mundi is the successor-in-interest to
Scholar Home.
Separate Rates
We determine that Senmao and 35
additional companies that were not
selected for individual review
demonstrated their eligibility for
separate rates.9 We continue to find that
Dalian Qianqiu Wooden Product Co.,
Ltd., Fusong Jinlong Wooden Group Co.,
Ltd., Fusong Jinqiu Wooden Product
Co., Ltd., and Fusong Qianqiu Wooden
Products Co., Ltd. (collectively, Jinlong)
is not eligible for a separate rate.10
khammond on DSKJM1Z7X2PROD with NOTICES
Rate for Non-Examined Separate Rate
Respondents
The statute and our regulations do not
address the establishment of a rate to be
assigned to respondents not selected for
individual examination when we limit
our examination of companies subject to
6 See Issues and Decision Memorandum at the
‘‘Changes to the Preliminary Results’’ section.
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (Assessment Notice);
see also ‘‘Assessment Rates’’ section, below.
8 See Preliminary Results PDM at 9–10.
9 See Appendix IV.
10 See Issues and Decision Memorandum at
Comment 1.
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the administrative review pursuant to
section 777A(c)(2)(B) of the Act.
Generally, we look to section 735(c)(5)
of the Act, which provides instructions
for calculating the all-others rate in an
investigation, for guidance when
calculating the rate for respondents not
individually examined in an
administrative review. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the
weighted average of the estimated
weighted average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’ Accordingly,
Commerce’s usual practice in
determining the rate for separate-rate
respondents not selected for individual
examination, has been to average the
weighted-average dumping margins of
the selected companies, excluding rates
that are zero, de minimis, or based
entirely on facts available.11 However,
when the weighted-average dumping
margins established for all individually
investigated respondents are zero, de
minimis, or based entirely on facts
available, section 735(c)(5)(B) of the Act
permits Commerce to ‘‘use any
reasonable method to establish the
estimated all-others rate for exporters
and producers not individually
investigated, including averaging the
estimated weighted-average dumping
margins determined for the exporters
and producers individually
investigated.’’ 12
For the final results of this review, we
continue to determine the estimated
dumping margin for Senmao to be zero.
Thus, consistent with the Preliminary
Results, we are assigning this rate to the
non-examined respondents which
qualify for a separate rate in this review
through use of the expected method as
a ‘‘reasonable method’’ for assigning a
rate to the non-examined respondents.13
The China-Wide Entity
Aside from the companies for which
we made a final no-shipment
determination, Commerce considers all
11 See Longkou Haimeng Mach. Co. v. United
States, 581 F. Supp. 2d 1344, 1357–60 (CIT 2008)
(affirming Commerce’s determination to assign a
4.22 percent dumping margin to the separate-rate
respondents in a segment where the three
mandatory respondents received dumping margins
of 4.22 percent, 0.03 percent, and zero percent,
respectively); see also Certain Kitchen Appliance
Shelving and Racks from the People’s Republic of
China: Final Determination of Sales at Less Than
Fair Value, 74 FR 36656, 36660 (July 24, 2009).
12 See Albemarle Corp. v. United States, 821 F.3d
1345 (Fed. Cir. 2016).
13 See Preliminary Results PDM at 15–16; see also
Issues and Decision Memorandum at Comment 1;
and section 735(c)(5)(B) of the Act.
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other companies for which a review was
requested, and which did not
demonstrate separate rate eligibility, to
be part of the China-wide entity.14
Final Results of Administrative Review
For the companies subject to this
administrative review which established
their eligibility for a separate rate,
Commerce determines that the
following weighted-average dumping
margins exist for the period December 1,
2018, through November 30, 2019:
Producer/exporter
Jiangsu Senmao Bamboo
and Wood Industry Co.,
Ltd. ....................................
Non-Selected Companies
Under Review Receiving a
Separate Rate 15 ...............
Weightedaverage
dumping margin
(percent)
0.00
0.00
Disclosure
Normally, Commerce discloses to the
parties in a proceeding the calculations
performed in connection with a final
results of review in accordance with 19
CFR 351.224(b). However, because
Commerce made no adjustments to the
margin calculation methodology used in
the Preliminary Results, there are no
calculations to disclose for the final
results of review.
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 these final results of
review. We intend to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of
these final results. 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).
For Senmao, and the respondents
which were not selected for individual
examination in this administrative
review and which qualified for a
separate rate, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
For entries that were not reported in the
U.S. sales databases submitted by
14 See
15 See
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Appendix III.
Appendix IV.
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Senmao, and for the companies that did
not qualify for a separate rate in the
administrative review, Commerce will
instruct CBP to liquidate such entries at
the China-wide rate (i.e., 85.13
percent).16
Consistent with Commerce’s
assessment practice in non-market
economy cases, for the companies
which Commerce determined had no
shipments of the subject merchandise,
any suspended entries made under
those exporters’ case numbers (i.e., at
the exporters’ rates) will be liquidated at
the China-wide rate.17
Cash Deposit Requirements
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The following cash deposit
requirements will be effective upon
publication of these final results for
shipments of the subject merchandise
from China entered, or withdrawn from
warehouse, for consumption on or after
the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For
companies which were found eligible
for a separate rate in this review, the
cash deposit rate will be zero; (2) for
previously investigated or reviewed
Chinese and non-Chinese exporters that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) for all
Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the Chinawide entity; and (4) for all non-Chinese
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Chinese exporter that
supplied that non-Chinese exporter.
These cash deposit requirements, when
imposed, 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 return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return or destruction of APO
materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
This determination is issued and
published in accordance with sections
751(a) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: October 22, 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 Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
General Issues
Comment 1: The Separate Rate
Senmao Issues
Comment 2: Deduction of Irrecoverable
Value-Added Tax (VAT)
Non-Selected Company Issues
Comment 3: Inclusion of Fine Furniture in
the Current and Future Administrative
Reviews
Comment 4: Kember’s Untimely-Filed
Supplemental Questionnaire Response
VI. Recommendation
Reimbursement of Duties
Appendix II
This notice also serves as a 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 the POR. 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.
No Shipments
Anhui Longhua Bamboo Product Co., Ltd.
Baroque Timber Industries (Zhongshan) Co.,
Ltd.
Benxi Flooring Factory (General Partnership)
Dalian Jaenmaken Wood Industry Co., Ltd.
Dalian Shengyu Science And Technology
Development Co., Ltd.
Dalian T-Boom Wood Products Co., Ltd.
Dunhua City Dexin Wood Industry Co., Ltd.
Dunhua City Jisen Wood Industry Co., Ltd.
Fine Furniture (Fine Furniture (Shanghai)
Limited and Double F Limited)
Innomaster Home (Zhongshan) Co., Ltd.
Jiangsu Yuhui International Trade Co., Ltd.
Linyi Anying Wood Co., Ltd.
Power Dekor Group Co., Ltd.
Shandong Longteng Wood Co., Ltd.
Yekalon Industry Inc.
Yingyi-Nature (Kunshan) Wood Industry Co.,
Ltd.
16 See Multilayered Wood Flooring from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2016–2017,
84 FR 38002, 38003 (August 5, 2019).
17 For a full discussion of this practice, see
Assessment Notice.
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59989
Zhejiang Biyork Wood Co., Ltd.
Zhejiang Shiyou Timber Co., Ltd.
Zhejiang Shuimojiangnan New Material
Technology Co., Ltd.
Zhejiang Simite Wooden Co., Ltd.
Appendix III
China-Wide Entity
Anhui Boya Bamboo & Wood Products Co.,
Ltd.
Anhui Yaolong Bamboo & Wood Products
Co. Ltd.
Armstrong Wood Products (Kunshan) Co.,
Ltd.18
Armstrong World Industries Inc.
Changzhou Hawd Flooring Co., Ltd.
Chinafloors Timber (China) Co., Ltd.
Dalian Dajen Wood Co., Ltd.
Dalian Guhua Wooden Product Co., Ltd.
Dalian Huade Wood Product Co., Ltd.
Dalian Huilong Wooden Products Co., Ltd.
Dalian Qianqiu Wooden Product Co., Ltd.,
Fusong Jinlong Wooden Group Co., Ltd.,
Fusong Jinqiu Wooden Product Co., Ltd.,
and Fusong Qianqiu Wooden Product
Co., Ltd. (collectively, Jinlong)
Guangzhou Homebon Timber Manufacturing
Co., Ltd.
Guangzhou Panyu Kangda Board Co., Ltd.
Guangzhou Panyu Southern Star Co., Ltd.
Hangzhou Hanje Tec Company Limited
Hangzhou Zhengtian Industrial Co., Ltd.
Hunchun Forest Wolf Wooden Industry Co.,
Ltd.
Jiafeng Wood (Suzhou) Co., Ltd.
Jilin Xinyuan Wooden Industry Co., Ltd.
Karly Wood Product Limited.
Kember Flooring, Inc. (a.k.a. Kember
Hardwood Flooring, Inc.)
Linyi Bonn Flooring Manufacturing Co., Ltd.
Mudanjiang Bosen Wood Industry Co., Ltd.
Nakahiro Jyou Sei Furniture (Dalian) Co.,
Ltd.
Omni Arbor Solution Co., Ltd.
Power Dekor North America Inc.
Shanghai Lairunde Wood Co., Ltd.
Shanghaifloor Timber (Shanghai) Co., Ltd.
Shenyang Haobainian Wooden Co., Ltd.
Shenzhenshi Huanwei Woods Co., Ltd.
Xiamen Yung De Ornament Co., Ltd.
Xuzhou Antop International Trade Co., Ltd.
Xuzhou Shenghe Wood Co., Ltd.
Zhejiang Fudeli Timber Industry Co., Ltd
Zhejiang Jiechen Wood Industry Co., Ltd.
Appendix IV
Non-Selected Companies Under Review
Receiving a Separate Rate
A&W (Shanghai) Woods Co., Ltd.
Arte Mundi (Shanghai) Aesthetic Home
Furnishings Co., Ltd. (successor-ininterest to Scholar Home (Shanghai) New
Material Co., Ltd.)
Benxi Wood Company
Dalian Jiahong Wood Industry Co., Ltd.
Dalian Kemian Wood Industry Co., Ltd.
Dalian Penghong Floor Products Co., Ltd./
Dalian Shumaike Floor Manufacturing
Co., Ltd.
Dongtai Fuan Universal Dynamics, LLC
18 These results apply only to entries where
Armstrong Wood Products (Kunshan) Co., Ltd. was
the exporter but not the producer of subject
merchandise.
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Dun Hua Sen Tai Wood Co., Ltd.
Dunhua City Hongyuan Wood Industry Co.,
Ltd.
Dunhua Shengda Wood Industry Co., Ltd
Hailin Linjing Wooden Products Co., Ltd.
Hunchun Xingjia Wooden Flooring Inc.
Huzhou Chenghang Wood Co., Ltd
Huzhou Fulinmen Imp. & Exp. Co., Ltd.
Huzhou Jesonwood Co., Ltd.
Huzhou Sunergy World Trade Co., Ltd.
Jiangsu Guyu International Trading Co., Ltd
Jiangsu Keri Wood Co., Ltd.
Jiangsu Mingle Flooring Co., Ltd
Jiangsu Simba Flooring Co., Ltd.
Jiashan HuiJiaLe Decoration Material Co.,
Ltd.
Jiashan On-Line Lumber Co., Ltd.
Jiaxing Hengtong Wood Co., Ltd.
Kemian Wood Industry (Kunshan) Co., Ltd.
Kingman Floors Co., Ltd.
Linyi Youyou Wood Co., Ltd.
Metropolitan Hardwood Floors, Inc.
Pinge Timber Manufacturing (Zhejiang) Co.,
Ltd.
Sino-Maple (Jiangsu) Co., Ltd.
Suzhou Dongda Wood Co., Ltd.
Tongxiang Jisheng Import and Export Co.,
Ltd.
Yihua Lifestyle Technology Co., Ltd.
(successor-in-interest to Guangdong
Yihua Timber Industry Co., Ltd.)
Zhejiang Dadongwu Greenhome Wood Co.,
Ltd.
Zhejiang Fuerjia Wooden Co., Ltd
Zhejiang Longsen Lumbering Co., Ltd.
[FR Doc. 2021–23561 Filed 10–28–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Alaska Cost Recovery and
Fee Programs
National Oceanic &
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of information collection,
request for comment.
AGENCY:
The Department of
Commerce, in accordance with the
Paperwork Reduction Act of 1995
(PRA), invites the general public and
other Federal agencies to comment on
proposed, and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. The purpose of this
notice is to allow for 60 days of public
comment preceding submission of the
collection to OMB.
DATES: To ensure consideration,
comments regarding this proposed
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SUMMARY:
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information collection must be received
on or before December 28, 2021.
ADDRESSES: Interested persons are
invited to submit written comments to
Adrienne Thomas, NOAA PRA Officer,
at Adrienne.thomas@noaa.gov. Please
reference OMB Control Number 0648–
0711 in the subject line of your
comments. Do not submit Confidential
Business Information or otherwise
sensitive or protected information.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed to Gabrielle
Aberle, 907–586–7228.
SUPPLEMENTARY INFORMATION:
I. Abstract
The National Marine Fisheries Service
(NMFS), Alaska Regional Office, is
requesting renewal of a currently
approved information collection that
contains requirements for the NMFS
Alaska Region cost recovery fee
programs and the observer coverage fee
program. A slight revision is requested
to change the title of the collection from
‘‘Alaska Quota Cost Recovery Programs’’
to ‘‘Alaska Cost Recovery and Fee
Programs.’’
This information collection is
necessary under the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), which
authorizes observer deployment fees
and cost recovery fees. Section 304(d) of
the Magnuson-Stevens Act authorizes
and requires the collection of cost
recovery fees for limited access privilege
programs and community development
quota programs. Section 313 of the
Magnuson-Stevens Act authorizes a
system of fees to support a fisheries
research plan and deploy observers in
the North Pacific fisheries. The fee
documentation forms and volume and
value reports that are included in this
collection are necessary to track, verify,
and enforce the fee collection systems.
This information collection is
required in Federal regulations at 50
CFR parts 679 and 680. Information on
the observer coverage fee and cost
recovery fee programs is provided on
the NMFS Alaska Region website at
https://www.fisheries.noaa.gov/alaska/
commercial-fishing/cost-recoveryprograms-fee-collection-and-feepayment-alaska.
Cost recovery fees may not exceed 3
percent of the ex-vessel value of the
fishery, and must recover the
incremental (program) costs associated
with management, data collection, and
enforcement of these programs that are
directly incurred by government
agencies tasked with overseeing these
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fisheries. NMFS recovers program costs
of seven cost recovery programs in this
information collection: Pacific Halibut
and Sablefish Individual Fishing Quota
(IFQ) Program; Bering Sea and Aleutian
Islands Crab Rationalization Program;
Central Gulf of Alaska Rockfish
Program; Western Alaska Community
Development Quota Program; American
Fisheries Act Program; Aleutian Islands
Pollock Program; and Amendment 80
Program. The party responsible for
paying the cost recovery fee varies by
program.
The observer coverage fee funds
deployment of observers and electronic
monitoring in the partial coverage
category of the North Pacific Observer
Program (Observer Program). Unlike the
cost recovery fees, this is a straight fee
and does not recover incremental costs
associated with the program. NMFS
assesses a fee of 1.25 percent of the exvessel value of groundfish and halibut
landed in the partial coverage category
under the Observer Program. The
information collected by observers
provides scientific information for
minimizing bycatch and managing the
groundfish and halibut fisheries in the
Bering Sea and Aleutian Islands and
Gulf of Alaska.
Catcher vessel owners split the
observer coverage fee with the registered
buyers or owners of shore side or
stationary floating processors. While the
owners of catcher vessels and
processors in the partial coverage
category are each responsible for paying
their portion of the fee, the owners of
shore side or stationary floating
processors and registered buyers are
responsible for collecting the fees from
catcher vessels, and remitting the full
fee to NMFS. Owners of catcher/
processors in the partial coverage
category are responsible for remitting
the full fee to NMFS.
Processors that receive and purchase
landings of IFQ halibut or sablefish,
rockfish, groundfish, and crab subject to
observer and/or cost recovery fees must
annually submit an ex-vessel volume
and value report that provides
information on the pounds purchased
and value paid. NMFS uses this
information to establish the total exvessel value of the fishery, calculate
standard prices, and establish annual
fee percentages in each fishery.
IFQ permit holders and registered
crab receivers that do not agree with
their NMFS assessed IFQ fee liability
summary and who are paying a revised
fee, use the fee documentation forms to
calculate and submit documentation
supporting their revised fee.
Any person who receives an initial
administrative determination for
E:\FR\FM\29OCN1.SGM
29OCN1
Agencies
[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Notices]
[Pages 59987-59990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23561]
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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 Administrative Review, Final
Successor-in-Interest Determination, and Final Determination of No
Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Jiangsu
Senmao Bamboo and Wood Industry Co., Ltd. (Senmao) has not made sales
of multilayered wood flooring (wood flooring) from the People's
Republic of China (China) at prices below normal value during the
period of review (POR) December 1, 2018, through November 30, 2019. In
addition, Commerce determines that certain companies had no shipments
during the POR and that Arte Mundi (Shanghai) Aesthetic Home
Furnishings Co., Ltd. (Arte Mundi) is the successor-in-interest to
Scholar Home (Shanghai) New Material Co., Ltd. (Scholar Home).
DATES: Applicable October 29, 2021.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Alexis Cherry, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: 202-482-6478 and 202-482-
0607, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of the administrative
review on April 26, 2021.\1\ For the events that occurred since
Commerce published the Preliminary Results, see the Issues and Decision
Memorandum.\2\ Commerce conducted this review in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act). On July
26, 2021, we extended the deadline for these final results to October
22, 2021.\3\
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\1\ See Multilayered Wood Flooring from the People's Republic of
China: Preliminary Results of the Antidumping Duty Administrative
Review, Preliminary Determination of No Shipments, Preliminary
Successor in-Interest Determination, and Rescission of Review, in
Part; 2018-2019, 86 FR 22016 (April 26, 2021) (Preliminary Results),
and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum:
Antidumping Duty Administrative Review of Multilayered Wood Flooring
from the People's Republic of China; 2018-2019,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
\3\ See Memorandum, ``Multilayered Wood Flooring from the
People's Republic of China: Extension of Deadline for Final Results
of Antidumping Duty Administrative Review,'' dated July 26, 2021.
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Scope of the Order 4
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\4\ See Multilayered Wood Flooring from the People's Republic of
China: Notice of Amended Final Affirmative Determination of Sales at
Less than Fair Value and Antidumping Duty Order, 76 FR 76690
(December 8, 2011), as amended in Multilayered Wood Flooring from
the People's Republic of China: Amended Antidumping and
Countervailing Duty Orders, 77 FR 5484 (February 3, 2012)
(collectively, Order); see also 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).
---------------------------------------------------------------------------
The product covered by the Order is wood flooring from China. A
full description of the scope of the Order is contained in 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 these issues is attached to
this notice.\5\ 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
[[Page 59988]]
version of the Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\5\ See Appendix I.
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Changes From the Preliminary Results
Based on information received since the Preliminary Results, we
determine that one additional company, Kemian Wood Industry (Kunshan)
Co., Ltd., is eligible for a separate rate.\6\
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\6\ See Issues and Decision Memorandum at the ``Changes to the
Preliminary Results'' section.
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Final Determination of No Shipments
In the Preliminary Results, Commerce determined that certain
companies did not have shipments of subject merchandise during the POR.
As we received no information to contradict our preliminary
determination with respect to those companies, we continue to find that
they made no shipments of subject merchandise to the United States
during the POR. Accordingly, we will issue appropriate instructions
that are consistent with our ``automatic assessment'' clarification for
all of the companies listed in Appendix II.\7\
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Notice); see also ``Assessment Rates'' section, below.
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Final Results of Successor-in-Interest Analysis
In the Preliminary Results, Commerce determined that Arte Mundi is
the successor-in-interest to Scholar Home.\8\ No party commented on
this issue and we have not received any information to contradict our
preliminary finding. Therefore, we continue to find that Arte Mundi is
the successor-in-interest to Scholar Home.
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\8\ See Preliminary Results PDM at 9-10.
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Separate Rates
We determine that Senmao and 35 additional companies that were not
selected for individual review demonstrated their eligibility for
separate rates.\9\ We continue to find that Dalian Qianqiu Wooden
Product Co., Ltd., Fusong Jinlong Wooden Group Co., Ltd., Fusong Jinqiu
Wooden Product Co., Ltd., and Fusong Qianqiu Wooden Products Co., Ltd.
(collectively, Jinlong) is not eligible for a separate rate.\10\
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\9\ See Appendix IV.
\10\ See Issues and Decision Memorandum at Comment 1.
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Rate for Non-Examined Separate Rate Respondents
The statute and our regulations do not address the establishment of
a rate to be assigned to respondents not selected for individual
examination when we limit our examination of companies subject to the
administrative review pursuant to section 777A(c)(2)(B) of the Act.
Generally, we look to section 735(c)(5) of the Act, which provides
instructions for calculating the all-others rate in an investigation,
for guidance when calculating the rate for respondents not individually
examined in an administrative review. Under section 735(c)(5)(A) of the
Act, the all-others rate is normally ``an amount equal to the weighted
average of the estimated weighted average dumping margins established
for exporters and producers individually investigated, excluding any
zero and de minimis margins, and any margins determined entirely {on
the basis of facts available{time} .'' Accordingly, Commerce's usual
practice in determining the rate for separate-rate respondents not
selected for individual examination, has been to average the weighted-
average dumping margins of the selected companies, excluding rates that
are zero, de minimis, or based entirely on facts available.\11\
However, when the weighted-average dumping margins established for all
individually investigated respondents are zero, de minimis, or based
entirely on facts available, section 735(c)(5)(B) of the Act permits
Commerce to ``use any reasonable method to establish the estimated all-
others rate for exporters and producers not individually investigated,
including averaging the estimated weighted-average dumping margins
determined for the exporters and producers individually investigated.''
\12\
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\11\ See Longkou Haimeng Mach. Co. v. United States, 581 F.
Supp. 2d 1344, 1357-60 (CIT 2008) (affirming Commerce's
determination to assign a 4.22 percent dumping margin to the
separate-rate respondents in a segment where the three mandatory
respondents received dumping margins of 4.22 percent, 0.03 percent,
and zero percent, respectively); see also Certain Kitchen Appliance
Shelving and Racks from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 74 FR 36656, 36660
(July 24, 2009).
\12\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016).
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For the final results of this review, we continue to determine the
estimated dumping margin for Senmao to be zero. Thus, consistent with
the Preliminary Results, we are assigning this rate to the non-examined
respondents which qualify for a separate rate in this review through
use of the expected method as a ``reasonable method'' for assigning a
rate to the non-examined respondents.\13\
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\13\ See Preliminary Results PDM at 15-16; see also Issues and
Decision Memorandum at Comment 1; and section 735(c)(5)(B) of the
Act.
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The China-Wide Entity
Aside from the companies for which we made a final no-shipment
determination, Commerce considers all other companies for which a
review was requested, and which did not demonstrate separate rate
eligibility, to be part of the China-wide entity.\14\
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\14\ See Appendix III.
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Final Results of Administrative Review
For the companies subject to this administrative review which
established their eligibility for a separate rate, Commerce determines
that the following weighted-average dumping margins exist for the
period December 1, 2018, through November 30, 2019:
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\15\ See Appendix IV.
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping margin
(percent)
------------------------------------------------------------------------
Jiangsu Senmao Bamboo and Wood Industry Co., Ltd........ 0.00
Non-Selected Companies Under Review Receiving a Separate 0.00
Rate \15\..............................................
------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses to the parties in a proceeding the
calculations performed in connection with a final results of review in
accordance with 19 CFR 351.224(b). However, because Commerce made no
adjustments to the margin calculation methodology used in the
Preliminary Results, there are no calculations to disclose for the
final results of review.
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 these final results of review. We intend
to issue assessment instructions to CBP no earlier than 35 days after
the date of publication of these final results. 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).
For Senmao, and the respondents which were not selected for
individual examination in this administrative review and which
qualified for a separate rate, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. For entries
that were not reported in the U.S. sales databases submitted by
[[Page 59989]]
Senmao, and for the companies that did not qualify for a separate rate
in the administrative review, Commerce will instruct CBP to liquidate
such entries at the China-wide rate (i.e., 85.13 percent).\16\
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\16\ See Multilayered Wood Flooring from the People's Republic
of China: Final Results of Antidumping Duty Administrative Review
and Final Determination of No Shipments; 2016-2017, 84 FR 38002,
38003 (August 5, 2019).
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Consistent with Commerce's assessment practice in non-market
economy cases, for the companies which Commerce determined had no
shipments of the subject merchandise, any suspended entries made under
those exporters' case numbers (i.e., at the exporters' rates) will be
liquidated at the China-wide rate.\17\
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\17\ For a full discussion of this practice, see Assessment
Notice.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results for shipments of the subject
merchandise from China entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided by sections
751(a)(2)(C) of the Act: (1) For companies which were found eligible
for a separate rate in this review, the cash deposit rate will be zero;
(2) for previously investigated or reviewed Chinese and non-Chinese
exporters that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all Chinese exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the China-wide entity; and (4)
for all non-Chinese exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the Chinese exporter that supplied that non-Chinese
exporter. These cash deposit requirements, when imposed, shall remain
in effect until further notice.
Reimbursement of Duties
This notice also serves as a 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 the POR. 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.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return or destruction of
APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and terms of an APO
is a sanctionable violation.
This determination is issued and published in accordance with
sections 751(a) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: October 22, 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
General Issues
Comment 1: The Separate Rate
Senmao Issues
Comment 2: Deduction of Irrecoverable Value-Added Tax (VAT)
Non-Selected Company Issues
Comment 3: Inclusion of Fine Furniture in the Current and Future
Administrative Reviews
Comment 4: Kember's Untimely-Filed Supplemental Questionnaire
Response
VI. Recommendation
Appendix II
No Shipments
Anhui Longhua Bamboo Product Co., Ltd.
Baroque Timber Industries (Zhongshan) Co., Ltd.
Benxi Flooring Factory (General Partnership)
Dalian Jaenmaken Wood Industry Co., Ltd.
Dalian Shengyu Science And Technology Development Co., Ltd.
Dalian T-Boom Wood Products Co., Ltd.
Dunhua City Dexin Wood Industry Co., Ltd.
Dunhua City Jisen Wood Industry Co., Ltd.
Fine Furniture (Fine Furniture (Shanghai) Limited and Double F
Limited)
Innomaster Home (Zhongshan) Co., Ltd.
Jiangsu Yuhui International Trade Co., Ltd.
Linyi Anying Wood Co., Ltd.
Power Dekor Group Co., Ltd.
Shandong Longteng Wood Co., Ltd.
Yekalon Industry Inc.
Yingyi-Nature (Kunshan) Wood Industry Co., Ltd.
Zhejiang Biyork Wood Co., Ltd.
Zhejiang Shiyou Timber Co., Ltd.
Zhejiang Shuimojiangnan New Material Technology Co., Ltd.
Zhejiang Simite Wooden Co., Ltd.
Appendix III
China-Wide Entity
Anhui Boya Bamboo & Wood Products Co., Ltd.
Anhui Yaolong Bamboo & Wood Products Co. Ltd.
Armstrong Wood Products (Kunshan) Co., Ltd.\18\
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\18\ These results apply only to entries where Armstrong Wood
Products (Kunshan) Co., Ltd. was the exporter but not the producer
of subject merchandise.
---------------------------------------------------------------------------
Armstrong World Industries Inc.
Changzhou Hawd Flooring Co., Ltd.
Chinafloors Timber (China) Co., Ltd.
Dalian Dajen Wood Co., Ltd.
Dalian Guhua Wooden Product Co., Ltd.
Dalian Huade Wood Product Co., Ltd.
Dalian Huilong Wooden Products Co., Ltd.
Dalian Qianqiu Wooden Product Co., Ltd., Fusong Jinlong Wooden Group
Co., Ltd., Fusong Jinqiu Wooden Product Co., Ltd., and Fusong
Qianqiu Wooden Product Co., Ltd. (collectively, Jinlong)
Guangzhou Homebon Timber Manufacturing Co., Ltd.
Guangzhou Panyu Kangda Board Co., Ltd.
Guangzhou Panyu Southern Star Co., Ltd.
Hangzhou Hanje Tec Company Limited
Hangzhou Zhengtian Industrial Co., Ltd.
Hunchun Forest Wolf Wooden Industry Co., Ltd.
Jiafeng Wood (Suzhou) Co., Ltd.
Jilin Xinyuan Wooden Industry Co., Ltd.
Karly Wood Product Limited.
Kember Flooring, Inc. (a.k.a. Kember Hardwood Flooring, Inc.)
Linyi Bonn Flooring Manufacturing Co., Ltd.
Mudanjiang Bosen Wood Industry Co., Ltd.
Nakahiro Jyou Sei Furniture (Dalian) Co., Ltd.
Omni Arbor Solution Co., Ltd.
Power Dekor North America Inc.
Shanghai Lairunde Wood Co., Ltd.
Shanghaifloor Timber (Shanghai) Co., Ltd.
Shenyang Haobainian Wooden Co., Ltd.
Shenzhenshi Huanwei Woods Co., Ltd.
Xiamen Yung De Ornament Co., Ltd.
Xuzhou Antop International Trade Co., Ltd.
Xuzhou Shenghe Wood Co., Ltd.
Zhejiang Fudeli Timber Industry Co., Ltd
Zhejiang Jiechen Wood Industry Co., Ltd.
Appendix IV
Non-Selected Companies Under Review Receiving a Separate Rate
A&W (Shanghai) Woods Co., Ltd.
Arte Mundi (Shanghai) Aesthetic Home Furnishings Co., Ltd.
(successor-in-interest to Scholar Home (Shanghai) New Material Co.,
Ltd.)
Benxi Wood Company
Dalian Jiahong Wood Industry Co., Ltd.
Dalian Kemian Wood Industry Co., Ltd.
Dalian Penghong Floor Products Co., Ltd./Dalian Shumaike Floor
Manufacturing Co., Ltd.
Dongtai Fuan Universal Dynamics, LLC
[[Page 59990]]
Dun Hua Sen Tai Wood Co., Ltd.
Dunhua City Hongyuan Wood Industry Co., Ltd.
Dunhua Shengda Wood Industry Co., Ltd
Hailin Linjing Wooden Products Co., Ltd.
Hunchun Xingjia Wooden Flooring Inc.
Huzhou Chenghang Wood Co., Ltd
Huzhou Fulinmen Imp. & Exp. Co., Ltd.
Huzhou Jesonwood Co., Ltd.
Huzhou Sunergy World Trade Co., Ltd.
Jiangsu Guyu International Trading Co., Ltd
Jiangsu Keri Wood Co., Ltd.
Jiangsu Mingle Flooring Co., Ltd
Jiangsu Simba Flooring Co., Ltd.
Jiashan HuiJiaLe Decoration Material Co., Ltd.
Jiashan On-Line Lumber Co., Ltd.
Jiaxing Hengtong Wood Co., Ltd.
Kemian Wood Industry (Kunshan) Co., Ltd.
Kingman Floors Co., Ltd.
Linyi Youyou Wood Co., Ltd.
Metropolitan Hardwood Floors, Inc.
Pinge Timber Manufacturing (Zhejiang) Co., Ltd.
Sino-Maple (Jiangsu) Co., Ltd.
Suzhou Dongda Wood Co., Ltd.
Tongxiang Jisheng Import and Export Co., Ltd.
Yihua Lifestyle Technology Co., Ltd. (successor-in-interest to
Guangdong Yihua Timber Industry Co., Ltd.)
Zhejiang Dadongwu Greenhome Wood Co., Ltd.
Zhejiang Fuerjia Wooden Co., Ltd
Zhejiang Longsen Lumbering Co., Ltd.
[FR Doc. 2021-23561 Filed 10-28-21; 8:45 am]
BILLING CODE 3510-DS-P