Multilayered Wood Flooring From the People's Republic of China: Notice of Initiation of Changed Circumstances Review, 68475-68476 [2021-26020]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 229 (Thursday, December 2, 2021)]
[Notices]
[Pages 68475-68476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26020]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Multilayered Wood Flooring From the People's Republic of China: 
Notice of Initiation of Changed Circumstances Review

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

SUMMARY: Based on a request from Zhejiang Yuhua Timber Co. Ltd. 
(Yuhua), A-Timber Flooring Company Limited (A-Timber) and Mullican 
Flooring Co. (Mullican) (collectively, Yuhua et al.), the Department of 
Commerce (Commerce) is initiating a changed circumstances review (CCR) 
of the antidumping duty (AD) order on multilayered wood flooring 
(MLWF), from the People's Republic of China (China).

DATES: Applicable December 2, 2021.

FOR FURTHER INFORMATION CONTACT: 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) 482-0607.

SUPPLEMENTARY INFORMATION:

Background

    On December 8, 2011, Commerce published the AD order on MLWF from 
China.\1\ Under the Order, merchandise produced and exported by Yuhua 
has been excluded and is not subject to antidumping duty cash deposits. 
On September 1, 2021, Yuhua, A-Timber, and Mullican, respectively a 
producer, exporter, and importer of the subject merchandise, requested 
that Commerce initiate an expedited CCR, pursuant to section 751(b)(1) 
of the Tariff Act of 1930, as amended (the Act), 19 CFR 351.216, and 19 
CFR 251.221(c)(3). Specifically, Yuhua et al. request that Commerce 
clarify that MLWF produced by Yuhua and sold through A-Timber be 
considered as merchandise which is ``produced and exported'' by Yuhua, 
and thus, excluded from the Order. Yuhua et al. asserts that this 
clarification is necessary because U.S. Customs and Border Protection 
has only as of late 2020 begun requiring the posting of cash deposits 
and the classification of such merchandise as ``Type 3'' entries 
subject to antidumping duties under the Order. On October 14, 2021, the 
American Manufacturers of Multilayered Wood Flooring (the petitioner) 
filed a letter in support of Yuhua et al.'s CCR request.\2\ On October 
15, 2021, Commerce extended the deadline to initiate this CCR.\3\
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    \1\ 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, 77 FR 5484 (February 3, 2012) 
(collectively, the Order).
    \2\ See Petitioner's Letter, ``Multilayered Wood Flooring from 
the People's Republic of China: Letter in Support of Request for 
Changed Circumstances Review,'' dated October 14, 2021.
    \3\ See Commerce's Letter, ``Request for a Changed Circumstance 
Review Antidumping Duty Order on Multilayered Wood Flooring from the 
People's Republic of China: Extension of Initiation Deadline,'' 
dated October 15, 2021.
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Scope of the Order

    Multilayered wood flooring is composed of an assembly of two or 
more layers or plies of wood veneer(s) \4\ in combination with a 
core.\5\ The several layers, along with the core, are glued or 
otherwise bonded together to form a final assembled product. 
Multilayered wood flooring is often referred to by other terms, e.g., 
``engineered wood flooring'' or ``plywood flooring.'' Regardless of the 
particular terminology, all products that meet the description set 
forth herein are intended for inclusion within the definition of 
subject merchandise. All multilayered wood flooring is included within 
the definition of subject merchandise, without regard to: Dimension 
(overall thickness, thickness of face ply, thickness of back ply, 
thickness of core, and thickness of inner plies; width; and length); 
wood species used for the face, back and inner veneers; core 
composition; and face grade. Multilayered wood flooring included within 
the definition of subject merchandise may be unfinished (i.e., without 
a finally finished surface to protect the face veneer from wear and 
tear) or ``prefinished'' (i.e., a coating applied to the face veneer, 
including, but not exclusively, oil or oil-modified or water-based 
polyurethanes, ultraviolet light cured polyurethanes, wax, epoxy-ester 
finishes, moisture-cured urethanes and acid curing formaldehyde 
finishes). The veneers may be also soaked in an acrylic-impregnated 
finish. All multilayered wood flooring is included within the 
definition of subject merchandise regardless of whether the face (or 
back) of the product is smooth, wire brushed, distressed by any method 
or multiple methods, or hand-scraped. In addition, all multilayered 
wood flooring is included within the definition of subject merchandise 
regardless of whether or not it is manufactured with any interlocking 
or connecting mechanism (for example, tongue-and-groove construction or 
locking joints). All multilayered wood flooring is included within the 
definition of the subject merchandise regardless of whether the product 
meets a particular industry or similar standard.
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    \4\ A ``veneer'' is a thin slice of wood, rotary cut, sliced or 
sawed from a log, bolt or flitch. Veneer is referred to as a ply 
when assembled.
    \5\ Commerce Interpretive Note: Commerce interprets this 
language to refer to wood flooring products with a minimum of three 
layers.
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    The core of multilayered wood flooring may be composed of a range 
of materials, including but not limited to hardwood or softwood veneer, 
particleboard, medium-density fiberboard, high density fiberboard 
(HDF), stone and/or plastic composite, or strips of lumber placed edge-
to-edge.

[[Page 68476]]

Multilayered wood flooring products generally, but not exclusively, may 
be in the form of a strip, plank, or other geometrical patterns (e.g., 
circular, hexagonal). All multilayered wood flooring products are 
included within this definition regardless of the actual or nominal 
dimensions or form of the product. Specifically excluded from the scope 
are cork flooring and bamboo flooring, regardless of whether any of the 
sub-surface layers of either flooring are made from wood. Also excluded 
is laminate flooring. Laminate flooring consists of a top wear layer 
sheet not made of wood, a decorative paper layer, a core-layer of HDF, 
and a stabilizing bottom layer. Imports of the subject merchandise are 
provided for under the following subheadings of the Harmonized Tariff 
Schedule of the United States (HTSUS): \6\ 4412.31.0520; 4412.31.0540; 
4412.31.0560; 4412.31.0620; 4412.31.0640; 4412.31.0660; 4412.31.2510; 
4412.31.2520; 4412.31.2610; 4412.31.2620; 4412.31.3175; 4412.31.4040; 
4412.31.4050; 4412.31.4060; 4412.31.4070; 4412.31.4075; 4412.31.4080; 
4412.31.4140; 4412.31.4160; 4412.31.4175; 4412.31.5125; 4412.31.5135; 
4412.31.5155; 4412.31.5165; 4412.31.5175; 4412.31.5225; 4412.31.6000; 
4412.31.9100; 4412.32.0520; 4412.32.0540; 4412.32.0560; 4412.32.0565; 
4412.32.0570; 4412.32.0640; 4412.32.0665; 4412.32.2510; 4412.32.2520; 
4412.32.2525; 4412.32.2530; 4412.32.2610; 4412.32.2625; 4412.32.3125; 
4412.32.3135; 4412.32.3155; 4412.32.3165; 4412.32.3175; 4412.32.3185; 
4412.32.3225; 4412.32.5600; 4412.32.5700; 4412.39.1000; 4412.39.3000; 
4412.39.4011; 4412.39.4012; 4412.39.4019; 4412.39.4031; 4412.39.4032; 
4412.39.4039; 4412.39.4051; 4412.39.4052; 4412.39.4059; 4412.39.4061; 
4412.39.4062; 4412.39.4069; 4412.39.5010; 4412.39.5030; 4412.39.5050; 
4412.94.1030; 4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121; 
4412.94.3131; 4412.94.3141; 4412.94.3160; 4412.94.3171; 4412.94.4100; 
4412.94.5100; 4412.94.6000; 4412.94.7000; 4412.94.8000; 4412.94.9000; 
4412.94.9500; 4412.99.0600; 4412.99.1020; 4412.99.1030; 4412.99.1040; 
4412.99.3110; 4412.99.3120; 4412.99.3130; 4412.99.3140; 4412.99.3150; 
4412.99.3160; 4412.99.3170; 4412.99.4100; 4412.99.5100; 4412.99.5105; 
4412.99.5115; 4412.99.5710; 4412.99.6000; 4412.99.7000; 4412.99.8000; 
4412.99.9000; 4412.99.9500; 4418.71.2000; 4418.71.9000; 4418.72.2000; 
4418.72.9500; 4418.74.2000; 4418.74.9000; 4418.75.4000; 4418.75.7000; 
4418.79.0100; and 9801.00.2500. While HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
subject merchandise is dispositive.
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    \6\ On October 31, 2018, we added the following HTS numbers to 
update the ACE Case Reference File: 4412.33.0640, 4412.33.0665, 
4412.33.0670, 4412.33.2625, 4412.33.2630, 4412.33.3225, 
4412.33.3235, 4412.33.3255, 4412.33.3275, 4412.33.3285, 
4412.33.5700, 4412.34.2600, 4412.34.3225, 4412.34.3235, 
4412.34.3255, 4412.34.3275, 4412.34.3285, 4412.34.5700, 
4418.74.2000, 4412.74.9000, 4418.75.4000, and 4418.75.7000. See 
Memorandum, ``Multilayered Wood Flooring from the People's Republic 
of China (A-570-970): Request from Customs and Border Protection to 
Update the ACE AD/CVD Case Reference File,'' dated October 31, 2018.
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Initiation of Changed Circumstances Review

    Pursuant to section 751(b) of the Act, Commerce will conduct a CCR 
upon receipt of a request from an interested party \7\ that shows 
changed circumstances sufficient to warrant a review of an order. In 
accordance with 19 CFR 351.216(d), Commerce determines that the 
questions raised by Yuhua et al. concerning the appropriateness of 
excluding A-Timber's sales of subject merchandise from the Order 
constitute a sufficient basis to conduct a CCR of the Order. Therefore, 
in accordance with section 751(b)(1)(A) of the Act and 19 CFR 
351.216(d) and (e), we are initiating a CCR based upon the information 
contained in Yuhua et al.'s submission.
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    \7\ Yuhua, et al. reported in its September 1, 2021 request for 
a CCR that Yuhua, A-Timber and Mullican are respectively the 
producer, an exporter and an importer of MLWF. As such,Yuhua et al. 
is an interested party within the meaning of section 771(9)(A) of 
the Act and 19 CFR 351.102(b)(29)(i) and (ii).
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    In the event that Commerce determines an expedited action is 
warranted, 19 CFR 351.221(c)(3)(ii) permits Commerce to combine the 
notice of initiation of the review and the preliminary results of 
review into a single notice. However, we are not combining this notice 
of initiation with the preliminary results, pursuant to 19 CFR 
351.221(c)(3)(ii), because Commerce has determined that it is necessary 
to issue a questionnaire to Yuhua et al. regarding A-Timber's role in 
the sales channel for subject merchandise and provide interested 
parties with an opportunity to comment. After examining any comments 
and following up with any additional questionnaires as needed, we 
intend to issue the preliminary results of this CCR.

Preliminary and Final Results of the CCRs

    Commerce intends to publish in the Federal Register a notice of the 
preliminary results of this AD CCR in accordance with 19 CFR 
351.221(b)(4) and (c)(3)(i). Commerce will set forth its preliminary 
factual and legal conclusions in that notice. Unless extended, Commerce 
will issue the final results of this CCR in accordance with the time 
limits set forth in 19 CFR 351.216(e).

Notification to Interested Parties

    This initiation notice is published in accordance with section 
751(b)(1) of the Act, 19 CFR 351.216(d), and 19 CFR 351.221(b)(1). 
Further, interested parties are reminded that the next opportunity to 
request an administrative review of entries that may be examined in 
this CCR is December 2021.\8\ Should Commerce receive a timely request 
for review and initiate an administrative review with respect to such 
entries, those entries would remain suspended from liquidation pursuant 
to 19 CFR 351.212. Thus, to ensure fulsome consideration of the issues 
raised in Yuhua et al.'s request for a CCR, interested parties are 
encouraged to follow Commerce's procedures in the forthcoming notice of 
opportunity to request administrative review of the Order in requesting 
a review of the relevant entries.
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    \8\ See 19 CFR 351.213(b)(1). The anniversary month of the Order 
is December.

    Dated: November 23, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2021-26020 Filed 12-1-21; 8:45 am]
BILLING CODE 3510-DS-P