Multilayered Wood Flooring From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, and Intent to Rescind Review, in Part; 2019, 73244-73247 [2021-28074]

Download as PDF 73244 Federal Register / Vol. 86, No. 245 / Monday, December 27, 2021 / Notices Timken Notice as In its decision in clarified by Diamond Sawblades,16 the CAFC held that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of a court decision that is not ‘‘in harmony’’ with Commerce’s determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s December 8, 2021, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Amended Final Results. Thus, this notice is published in fulfillment of the publication requirements of Timken. khammond on DSKJM1Z7X2PROD with NOTICES Timken,15 results covering these companies have been published in a subsequent administrative review of the AD order on solar cells from China, we will not issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP) in connection with this notice. Thus, this notice will not affect the current cash deposit rate of these companies. Liquidation of Suspended Entries At this time, Commerce remains enjoined, by orders of the CIT, from liquidating entries of subject merchandise that was entered, or withdrawn from warehouse, for consumption during the period December 1, 2014, through November Amended Final Results 30, 2015 and produced and/or exported Because there is now a final court by the collapsed entity comprising judgment, Commerce is amending its Canadian Solar International Limited; Final Results and Amended Final Canadian Solar Manufacturing Results with respect to Canadian Solar, (Changshu), Inc.; Canadian Solar Yingli and Shanghai BYD Co., Ltd. as Manufacturing (Luoyang), Inc.; CSI Cells follows: Co., Ltd.; CSI–GCL Solar Manufacturing (YanCheng) Co., Ltd.; and CSI Solar WeightedPower (China) Inc., or exported by any average of the following entities: (1) the Exporter dumping collapsed entity comprising Yingli margin (percent) Energy (China) Company Limited; Baoding Tianwei Yingli New Energy Canadian Solar International Resources Co., Ltd.; Tianjin Yingli New Limited; Canadian Solar Energy Resources Co., Ltd.; Hengshui Manufacturing (Changshu), Yingli New Energy Resources Co., Ltd.; Inc.; Canadian Solar ManLixian Yingli New Energy Resources ufacturing (Luoyang), Inc.; Co., Ltd.; Baoding Jiasheng Photovoltaic CSI Cells Co., Ltd.; CSI– Technology Co., Ltd.; Beijing Tianneng GCL Solar Manufacturing (YanCheng) Co., Ltd.; CSI Yingli New Energy Resources Co., Ltd.; Solar Power (China) Inc ... 0.00 Hainan Yingli New Energy Resources Yingli Energy (China) ComCo., Ltd.; and Shenzhen Yingli New pany Limited; Baoding Energy Resources Co., Ltd.; (2) Shanghai Tianwei Yingli New Energy BYD Co., Ltd.; (3) Ningbo Qixin Solar Resources Co., Ltd.; Electrical Appliance Co., Ltd.; (4) Chint Tianjin Yingli New Energy Solar (Zhejiang) Co., Ltd.; (5) ERA Solar Resources Co., Ltd.; Co., Ltd.; (6) ET Solar Energy Limited; Hengshui Yingli New En(7) Hangzhou Sunny Energy Science & ergy Resources Co., Ltd.; Technology Co., Ltd.; (8) Hengdian Lixian Yingli New Energy Resources Co., Ltd.; Group DMEGC Magnetics Co., Ltd.; (9) Baoding Jiasheng PhotoJA Solar Technology Yangzhou Co., voltaic Technology Co., Ltd.; (10) Jiawei Solarchina (Shenzhen) Ltd.; Beijing Tianneng Co., Ltd.; (11) Jiawei Solarchina Co., Yingli New Energy ReLtd.; (12) JingAo Solar Co., Ltd.; (13) sources Co., Ltd.; Hainan Lightway Green New Energy Co., Ltd.; Yingli New Energy Re(14) Ningbo ETDZ Holdings, Ltd.; (15) sources Co., Ltd.; Risen Energy Co., Ltd.; (16) Shanghai JA Shenzhen Yingli New Energy Resources Co., Ltd ... 0.00 Solar Technology Co., Ltd.; (17) Shanghai BYD Co., Ltd ........ 0.00 Shenzhen Sungold Solar Co., Ltd.; (18) Shenzhen Topray Solar Co., Ltd.; (19) Star Power International Limited; (20) Cash Deposit Requirements Systemes Versilis, Inc.; (21) Taizhou BD Because Canadian Solar, Yingli, and Trade Co., Ltd.; (22) tenKsolar Shanghai BYD Co., Ltd. all have a (Shanghai) Co., Ltd.; (23) Toenergy superseding cash deposit rate, i.e., final Technology Hangzhou Co., Ltd.; (24) Wuxi Tianran Photovoltaic Co., Ltd.; 15 See Timken Co. v. United States, 893 F.2d 337 (25) Zhejiang Era Solar Technology Co., (Fed. Cir. 1990) (Timken). Ltd.; and (26) Zhejiang Sunflower Light 16 See Diamond Sawblades Manufacturers Energy Science & Technology Limited Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). Liability Company. These entries will VerDate Sep<11>2014 19:11 Dec 23, 2021 Jkt 256001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 remain enjoined pursuant to the terms of injunctions during the pendency of any appeals process. In the event the CIT’s ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to assess antidumping duties on any unliquidated entries described in the preceding paragraph, in accordance with 19 CFR 351.212(b). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when either the respondent’s weighted-average dumping margin is not zero or de minimis or the importer-specific ad valorem assessment rate is not zero or de minimis. Where either the respondent’s weighted-average dumping margin is zero or de minimis, or an importerspecific assessment rate is de minimis (i.e., less than 0.5 percent), we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.17 Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. Dated: December 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. [FR Doc. 2021–28071 Filed 12–23–21; 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: Preliminary Results of Countervailing Duty Administrative Review, and Intent to Rescind Review, in Part; 2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of multilayered wood flooring (wood flooring) from the People’s Republic of China (China). The period of review (POR) is January 1, 2019, through December 31, 2019. Interested parties are invited to comment on these preliminary results of review. DATES: Applicable December 27, 2021. AGENCY: 17 See E:\FR\FM\27DEN1.SGM 19 CFR 351.106(c)(2). 27DEN1 Federal Register / Vol. 86, No. 245 / Monday, December 27, 2021 / Notices 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 On December 8, 2011, Commerce issued a countervailing duty (CVD) order on multilayered wood flooring from China.1 Several interested parties requested that Commerce conduct an administrative review of the Order. On February 4, 2021, Commerce published in the Federal Register a notice of initiation of an administrative review of the Order.2 On March 4 and October 7, 2021, we published in the Federal Register additional notices of initiation of an administrative review for two companies that were inadvertently excluded from the February 4, 2021 notice. Altogether, we initiated an administrative review of 171 producers/ exporters for the POR.3 On June 15, 2021, we rescinded this administrative review, in part, with respect to 88 companies, based on timely withdrawal of review requests.4 For events that occurred since the Initiation Notice, see the Preliminary Decision Memorandum.5 Scope of the Order khammond on DSKJM1Z7X2PROD with NOTICES The product covered by the Order is wood flooring from China. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. 1 See Multilayered Wood Flooring from the People’s Republic of China: Countervailing Duty Order, 76 FR 76693 (December 8, 2011) (Order). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 8166 (February 4, 2021) (Initiation Notice). 3 Metropolitan Hardwood Floors, Inc. and Kember Flooring Inc., a.k.a. Kember Hardwood Flooring Inc. were inadvertently omitted from the initiation notice that published on February 4, 2021. See also Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 12599 (March 4, 2021); and Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 55811 (October 7, 2021). 4 See Multilayered Wood Flooring from the People’s Republic of China: Partial Rescission of Countervailing Duty Administrative Review; 2019, 86 FR 31696 (June 15, 2021) (Partial Rescission). 5 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results in the Countervailing Duty Administrative Review of Multilayered Wood Flooring from the People’s Republic of China; 2019,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). VerDate Sep<11>2014 19:11 Dec 23, 2021 Jkt 256001 Intent To Rescind Administrative Review, in Part The following parties submitted no shipment certifications: Anhui Longhua Bamboo Product Co., Ltd. (Anhui); Benxi Flooring Factory (General Partnership) (Benxi); Dalian Deerfu Wooden Product Co., Ltd. (Deerfu); Dalian Shengyu Science and Technology Development Co., Ltd. (Shengyu); Dunhua Dexin Wood Industry Co., Ltd./Dunhua City Dexin Wood Industry Co., Ltd. (Dexin); Jiangsu Yuhui International Trade Co., Ltd. (Yuhui); Jiashan Fengyun Timber Co., Ltd. (Fengyun); Jiaxing Hengtong Wood Co., Ltd. (Hengtong); Kember Flooring, Inc. (Kember); Kingman Wood Industry Co., Ltd. (Kingman); Muchsee Wood (Chuzhou) Co., Ltd. (Muchsee); Power Dekor Group Co., Ltd. (Power Dekor); Yingyi-Nature (Kunshan) Wood Industry Co., Ltd. (Yingyi-Nature); Zhejiang Dadongwu Greenhome Wood Co., Ltd. (Dadongwu); Zhejiang Shiyou Timber Co., Ltd. (Shiyou); and Zhejiang Shuimojiangnan New Material Technology Co., Ltd. (New Material). Based on our analysis of U.S. Customs and Border Protection (CBP) information and comments received from interested parties, we preliminarily determine that eleven companies, Anhui; Benxi; Shengyu; Dexin; Yuhui; Kingman; Muchsee; Power Dekor; Yingyi-Nature; Shiyou; and New Material, had no shipments of subject merchandise during the POR.6 7 Absent any evidence of shipments placed on the record, pursuant to 19 CFR 351.213(d)(3), we intend to rescind the administrative review of these companies in the final results of review. Based on our analysis of CBP information and comments received from interested parties, we preliminarily determine that Kember, Hengtong and Dadongwu made shipments during the POR. For additional information regarding this determination, see the Preliminary Decision Memorandum. 73245 the recipient, and that the subsidy is specific.8 For a full description of the methodology underlying our preliminary conclusions, including our reliance, in part, on adverse facts available pursuant to sections 776(a) and (b) of the Act, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix I to this notice. Preliminary Rate for Non-Selected Companies Under Review Methodology Commerce is conducting this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that confers a benefit to As discussed above, Commerce initiated this administrative review on 171 producers/exporters; rescinded this administrative review, in part, with respect to 88 producers/exporters; and intends to rescind this review with respect to eleven companies that have certified no shipments during the POR. In addition, Commerce selected two mandatory respondents, Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. (Jiangsu Senmao) and Riverside Plywood Corp. (Riverside Plywood) for individual examination.9 For the remaining 67 companies subject this review, because the rates calculated for the mandatory respondents were above de minimis and not based entirely on facts available, we applied a subsidy rate based on a weighted-average of the subsidy rates calculated for Jiangsu Senmao and Riverside Plywood using publicly ranged sales data submitted by these mandatory respondents. This methodology to establish the all-others subsidy rate is consistent with our practice and section 705(c)(5)(A) of the Act. For further information on the calculation of the non-selected respondent rate, refer to the section in the Preliminary Decision Memorandum entitled ‘‘Non-Selected Companies Under Review.’’ For a list of the non- 6 See Memorandum, ‘‘No Shipment Inquiry for Certain Companies During the Period 01/01/2019 through 12/31/2019,’’ dated November 17, 2021. 7 We did not consider Deerfu’s no shipment certification and Fengyun’s no shipment certification because we rescinded the review for these companies. See Partial Rescission, 86 FR at 31697. 8 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. 9 Cross-owned affiliates are Baroque Timber Industries (Zhongshan) Co., Ltd.; Suzhou Times Flooring Co., Ltd.; and Zhongshan Lianjia Flooring Co., Ltd. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\27DEN1.SGM 27DEN1 73246 Federal Register / Vol. 86, No. 245 / Monday, December 27, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES selected companies, see Appendix II to this notice. proprietary information until further notice.13 Pursuant to 19 CFR 351.309(c)(2) and Preliminary Results of the Review (d)(2), parties who submit case briefs or rebuttal briefs in this review are In accordance with 19 CFR encouraged to submit with each 351.221(b)(4)(i), we calculated a argument: (1) A statement of the issue; countervailable subsidy rate for each of (2) a brief summary of the argument; the mandatory respondents, Jiangsu and (3) a table of authorities. Senmao and Riverside Plywood, and Pursuant to 19 CFR 351.310(c), their cross-owned affiliates, where interested parties who wish to request a applicable. hearing, limited to issues raised in the We preliminarily find the case and rebuttal briefs, must submit a countervailable subsidy rates for the written request to the Assistant mandatory and non-selected Secretary for Enforcement and respondents under review to be as Compliance, U.S. Department of follows: Commerce, within 30 days after the date of publication of this notice. Requests Subsidy rate Producer/exporter (percent) should contain the party’s name, address, and telephone number, the Riverside Plywood Corp. and number of participants, and a list of the its Cross-Owned Affili22.70 issues to be discussed. If a request for ates 10 ................................ a hearing is made, Commerce intends to Jiangsu Senmao Bamboo hold the hearing at a time and date to and Wood Industry Co., Ltd ..................................... 5.50 be determined. Parties should confirm Non-Selected Companies by telephone the date and time of the Under Review 11 ................ 15.71 hearing two days before the scheduled date. An electronically filed document Disclosure must be received successfully in its We intend to disclose to interested entirety by ACCESS by 5:00 p.m. parties the calculations performed for Eastern Time on the established these preliminary results in accordance deadline. with 19 CFR 351.224(b). Final Results Verification Unless extended, we intend to issue As provided in section 782(i)(3) of the the final results of this administrative Act, Commerce intends to verify the review, which will include the results of information relied upon for its final our analysis of the issues raised in the results. Normally, Commerce verifies case briefs, within 120 days of information using standard procedures, publication of these preliminary results including an on-site examination of in the Federal Register, pursuant to original accounting, financial, and sales section 751(a)(3)(A) of the Act and 19 documentation. However, due to current CFR 351.213(h). travel restrictions in response to the global COVID–19 pandemic, Commerce Assessment Rates is unable to conduct on-site verification In accordance with 19 CFR in this review. Accordingly, we intend 351.221(b)(4)(i), we preliminarily to verify the information relied upon for assigned subsidy rates in the amounts the final results through alternative shown above for the producer/exporters means in lieu of an on-site verification. shown above. Upon completion of the administrative review, consistent with Public Comment section 751(a)(1) of the Act and 19 CFR Case briefs or other written comments 351.212(b)(2), Commerce shall may be submitted to the Assistant determine, and CBP shall assess, Secretary for Enforcement and countervailing duties on all appropriate Compliance. A timeline for the entries covered by this review. For the submission of case and rebuttal briefs companies for which this review is and written comments will be provided rescinded, Commerce will instruct CBP 12 to interested parties at a later date. to assess countervailing duties on all Note that Commerce has temporarily appropriate entries at a rate equal to the modified certain of its requirements for cash deposit of estimated countervailing serving documents containing business duties required at the time of entry, or 10 Cross-owned affiliates are Baroque Timber Industries (Zhongshan) Co., Ltd.; Suzhou Times Flooring Co., Ltd.; and Zhongshan Lianjia Flooring Co., Ltd. 11 See Appendix II. 12 See 19 CFR 351.309(c) and (d). VerDate Sep<11>2014 19:11 Dec 23, 2021 Jkt 256001 13 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 29615 (May 18, 2020); and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 withdrawal from warehouse, for consumption, during the period January 1, 2019, through December 31, 2019, in accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements In accordance with section 751(a)(1) of the Act, Commerce intends, upon publication of the final results, to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the respective companies listed above and in Appendix II 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, we will instruct CBP to continue to collect cash deposits at the most recent company-specific or all-others rate applicable to the company. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Interested Parties These preliminary results are issued and published pursuant to sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: December 17, 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 Preliminary Decision Memorandum I. Summary II. Background III. Non-Selected Companies Under Review IV. Scope of the Order V. Diversification of China’s Economy VI. Use of Facts Otherwise Available and Application of Adverse Inferences VII. Subsidies Valuation VIII. Interest Rate Benchmarks, Discount Rates, Inputs, Land-Use and Electricity Benchmarks IX. Analysis of Programs X. Recommendation Appendix II—Non-Selected Companies Under Review 1. Anhui Boya Bamboo & Wood Products Co., Ltd. E:\FR\FM\27DEN1.SGM 27DEN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 245 / Monday, December 27, 2021 / Notices 2. Anhui Yaolong Bamboo & Wood Products Co. Ltd. 3. Armstrong Wood Products (Kunshan) Co., Ltd. 4. Benxi Wood Company 5. Changzhou Hawd Flooring Co., Ltd. 6. Dalian Guhua Wooden Product Co., Ltd. 7. Dalian Huilong Wooden Products Co., Ltd. 8. Dalian Jaenmaken Wood Industry Co., Ltd. 9. Dalian Jiahong Wood Industry Co., Ltd. 10. Dalian Kemian Wood Industry Co., Ltd. 11. Dalian Penghong Floor Products Co., Ltd. 12. Dalian Qianqiu Wooden Product Co., Ltd. 13. Dalian Shumaike Floor Manufacturing Co., Ltd. 14. Dalian T-Boom Wood Products Co., Ltd. 15. Dongtai Fuan Universal Dynamics, LLC 16. Dun Hua Sen Tai Wood Co., Ltd. 17. Dunhua City Hongyuan Wood Industry Co., Ltd. 18. Dunhua City Jisen Wood Industry Co., Ltd. 19. Dunhua Shengda Wood Industry Co., Ltd. 20. Fine Furniture (Shanghai) Limited 21. Fusong Jinlong Wooden Group Co., Ltd. 22. Fusong Jinqiu Wooden Product Co., Ltd. 23. Fusong Qianqiu Wooden Product Co., Ltd. 24. Guangdong Yihua Timber Industry Co., Ltd. 25. Guangzhou Homebon Timber Manufacturing Co., Ltd. 26. HaiLin LinJing Wooden Products Co., Ltd. 27. Hangzhou Hanje Tec Company Limited 28. Hangzhou Zhengtian Industrial Co., Ltd. 29. Hunchun Forest Wolf Wooden Industry Co., Ltd. 30. Hunchun Xingjia Wooden Flooring Inc. 31. Huzhou Chenghang Wood Co., Ltd. 32. Huzhou Fulinmen Imp. & Exp. Co., Ltd. 33. Huzhou Jesonwood Co., Ltd. 34. Huzhou Sunergy World Trade Co., Ltd. 35. Jiangsu Guyu International Trading Co., Ltd. 36. Jiangsu Keri Wood Co., Ltd. 37. Jiangsu Mingle Flooring Co., Ltd. 38. Jiangsu Simba Flooring Co., Ltd. 39. Jiashan HuiJiaLe Decoration Material Co., Ltd. 40. Jiashan On-Line Lumber Co., Ltd. 41. Jiaxing Brilliant Import & Export Co., Ltd. 42. Jiaxing Hengtong Wood Co., Ltd. 43. Jilin Xinyuan Wooden Industry Co., Ltd. 44. Karly Wood Product Limited 45. Kember Flooring, Inc., a.k.a. Kember Hardwood Flooring, Inc. 46. Kemian Wood Industry (Kunshan) Co., Ltd. 47. Kingman Floors Co., Ltd. 48. Lauzon Distinctive Hardwood Flooring 49. Linyi Anying Wood Co., Ltd. 50. Linyi Youyou Wood Co., Ltd. (successorin-interest to Shanghai Lizhong Wood Products Co., Ltd.) (a/k/a The Lizhong Wood Industry Limited Company of Shanghai) 51. Metropolitan Hardwood Floors, Inc. 52. Pinge Timber Manufacturing (Zhejiang) Co., Ltd. 53. Power Dekor North America Inc. 54. Scholar Home (Shanghai) New Material Co. Ltd. 55. Shanghaifloor Timber (Shanghai) Co., Ltd. 56. Sino-Maple (Jiangsu) Co., Ltd. VerDate Sep<11>2014 19:11 Dec 23, 2021 Jkt 256001 73247 57. Suzhou Dongda Wood Co., Ltd. 58. Tongxiang Jisheng Import and Export Co., Ltd. 59. Xiamen Yung De Ornament Co., Ltd. 60. Xuzhou Shenghe Wood Co., Ltd. 61. Yekalon Industry, Inc. 62. Yihua Lifestyle Technology Co., Ltd. 63. Zhejiang Dadongwu GreenHome Wood Co., Ltd. (a.k.a. Zhejiang Dadongwu Greenhome Wood Co., Ltd. and Zhejiang Dadongwu Green Home Wood Co., Ltd.) 64. Zhejiang Fuerjia Wooden Co., Ltd. 65. Zhejiang Jiechen Wood Industry Co., Ltd. 66. Zhejiang Longsen Lumbering Co., Ltd. 67. Zhejiang Simite Wooden Co., Ltd. (4) Canadian Solar Manufacturing (Luoyang) Inc.; (5) BYD (Shangluo) Industrial Co., Ltd.; and (6) Shanghai BYD Co., Ltd. DATES: Applicable December 18, 2021. FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2769. SUPPLEMENTARY INFORMATION: [FR Doc. 2021–28074 Filed 12–23–21; 8:45 am] Background On June 20, 2016, Commerce published the final results of the 2013– 2014 AD administrative review of solar cells from China. In the Final Results, Commerce selected Thailand as the primary surrogate country and relied on Thai import data to value nitrogen that was used in manufacturing solar cells.1 Respondents, Trina, Canadian Solar Inc. et al., BYD (Shangluo) Industrial Co., Ltd., Shanghai BYD Co., Ltd., and Yingli,2 and domestic interested party, SolarWorld Americas, Inc. (SolarWorld), challenged Commerce’s Final Results (CIT case numbers 16–00132, 16–00134, and 16–00135). The CIT consolidated case numbers 16–00132, 16–00134, and 16–00135 into case number 16–00134 in October 2016. On October 18, 2017, the CIT sustained Commerce’s Final Results with respect to: (1) The surrogates that it selected to value aluminum frames, semi-finished polysilicon ingots and blocks, solar backsheets, nitrogen, and financial ratios; and (2) its application of adverse facts available with respect to unreported factors of production. However, the CIT remanded the Final Results to Commerce to reconsider, or further explain: (1) The surrogates that it selected to value tempered glass and scrapped solar cells and modules; and (2) its decision to include import values with zero import quantities in its surrogate value calculations.3 BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–979] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Notice of Court Decision Not in Harmony With the Results of Antidumping Duty Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On December 8, 2021, the U.S. Court of International Trade (CIT) issued its final judgment in SolarWorld Americas, Inc., et al. v. United States, Consol. Court No. 16–00134, sustaining the Department of Commerce (Commerce)’s fourth remand results pertaining to the administrative review of the antidumping duty (AD) order on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People’s Republic of China (China) covering the period December 1, 2013, through November 30, 2014. Commerce is notifying the public that the CIT’s final judgment is not in harmony with the final results of the 2013–2014 AD administrative review of the solar cells from China and that Commerce is amending those final results with respect to the dumping margin assigned to the following companies: (1) The collapsed entity comprising Changzhou Trina Solar Energy Co., Ltd.; Trina Solar (Changzhou) Science and Technology Co., Ltd.; Yancheng Trina Solar Energy Technology Co., Ltd.; Changzhou Trina Solar Yabang Energy Co., Ltd.; Turpan Trina Solar Energy Co., Ltd.; and Hubei Trina Solar Energy Co., Ltd. (collectively, Trina); (2) Canadian Solar International Limited; (3) Canadian Solar Manufacturing (Changshu) Inc.; AGENCY: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 1 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2013–2014, 81 FR 39905 (June 20, 2016) (Final Results), and accompanying Issues and Decision Memorandum at Comment 21. 2 We used ‘‘Yingli’’ to refer to the following companies that we treated as a single entity: Yingli Energy (China) Company Limited; Baoding Tianwei Yingli New Energy Resources Co., Ltd.; Tianjin Yingli New Energy Resources Co., Ltd.; Hengshui Yingli New Energy Resources Co., Ltd.; Lixian Yingli New Energy Resources Co., Ltd.; Baoding Jiasheng Photovoltaic Technology Co., Ltd.; Beijing Tianneng Yingli New Energy Resources Co., Ltd.; Hainan Yingli New Energy Resources Co., Ltd.; and Shenzhen Yingli New Energy Resources Co., Ltd. 3 See SolarWorld Americas, Inc.et al. v. United States, 273 F. Supp. 3d 1254 (CIT 2017). E:\FR\FM\27DEN1.SGM 27DEN1

Agencies

[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Notices]
[Pages 73244-73247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28074]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-971]


Multilayered Wood Flooring From the People's Republic of China: 
Preliminary Results of Countervailing Duty Administrative Review, and 
Intent to Rescind Review, in Part; 2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of multilayered wood flooring (wood flooring) from the 
People's Republic of China (China). The period of review (POR) is 
January 1, 2019, through December 31, 2019. Interested parties are 
invited to comment on these preliminary results of review.

DATES: Applicable December 27, 2021.

[[Page 73245]]


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

    On December 8, 2011, Commerce issued a countervailing duty (CVD) 
order on multilayered wood flooring from China.\1\ Several interested 
parties requested that Commerce conduct an administrative review of the 
Order. On February 4, 2021, Commerce published in the Federal Register 
a notice of initiation of an administrative review of the Order.\2\ On 
March 4 and October 7, 2021, we published in the Federal Register 
additional notices of initiation of an administrative review for two 
companies that were inadvertently excluded from the February 4, 2021 
notice. Altogether, we initiated an administrative review of 171 
producers/exporters for the POR.\3\ On June 15, 2021, we rescinded this 
administrative review, in part, with respect to 88 companies, based on 
timely withdrawal of review requests.\4\ For events that occurred since 
the Initiation Notice, see the Preliminary Decision Memorandum.\5\
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    \1\ See Multilayered Wood Flooring from the People's Republic of 
China: Countervailing Duty Order, 76 FR 76693 (December 8, 2011) 
(Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 8166 (February 4, 2021) (Initiation 
Notice).
    \3\ Metropolitan Hardwood Floors, Inc. and Kember Flooring Inc., 
a.k.a. Kember Hardwood Flooring Inc. were inadvertently omitted from 
the initiation notice that published on February 4, 2021. See also 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 86 FR 12599 (March 4, 2021); and Initiation of Antidumping 
and Countervailing Duty Administrative Reviews, 86 FR 55811 (October 
7, 2021).
    \4\ See Multilayered Wood Flooring from the People's Republic of 
China: Partial Rescission of Countervailing Duty Administrative 
Review; 2019, 86 FR 31696 (June 15, 2021) (Partial Rescission).
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results in the Countervailing Duty Administrative Review of 
Multilayered Wood Flooring from the People's Republic of China; 
2019,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

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

Intent To Rescind Administrative Review, in Part

    The following parties submitted no shipment certifications: Anhui 
Longhua Bamboo Product Co., Ltd. (Anhui); Benxi Flooring Factory 
(General Partnership) (Benxi); Dalian Deerfu Wooden Product Co., Ltd. 
(Deerfu); Dalian Shengyu Science and Technology Development Co., Ltd. 
(Shengyu); Dunhua Dexin Wood Industry Co., Ltd./Dunhua City Dexin Wood 
Industry Co., Ltd. (Dexin); Jiangsu Yuhui International Trade Co., Ltd. 
(Yuhui); Jiashan Fengyun Timber Co., Ltd. (Fengyun); Jiaxing Hengtong 
Wood Co., Ltd. (Hengtong); Kember Flooring, Inc. (Kember); Kingman Wood 
Industry Co., Ltd. (Kingman); Muchsee Wood (Chuzhou) Co., Ltd. 
(Muchsee); Power Dekor Group Co., Ltd. (Power Dekor); Yingyi-Nature 
(Kunshan) Wood Industry Co., Ltd. (Yingyi-Nature); Zhejiang Dadongwu 
Greenhome Wood Co., Ltd. (Dadongwu); Zhejiang Shiyou Timber Co., Ltd. 
(Shiyou); and Zhejiang Shuimojiangnan New Material Technology Co., Ltd. 
(New Material). Based on our analysis of U.S. Customs and Border 
Protection (CBP) information and comments received from interested 
parties, we preliminarily determine that eleven companies, Anhui; 
Benxi; Shengyu; Dexin; Yuhui; Kingman; Muchsee; Power Dekor; Yingyi-
Nature; Shiyou; and New Material, had no shipments of subject 
merchandise during the POR.6 7 Absent any evidence of 
shipments placed on the record, pursuant to 19 CFR 351.213(d)(3), we 
intend to rescind the administrative review of these companies in the 
final results of review. Based on our analysis of CBP information and 
comments received from interested parties, we preliminarily determine 
that Kember, Hengtong and Dadongwu made shipments during the POR. For 
additional information regarding this determination, see the 
Preliminary Decision Memorandum.
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    \6\ See Memorandum, ``No Shipment Inquiry for Certain Companies 
During the Period 01/01/2019 through 12/31/2019,'' dated November 
17, 2021.
    \7\ We did not consider Deerfu's no shipment certification and 
Fengyun's no shipment certification because we rescinded the review 
for these companies. See Partial Rescission, 86 FR at 31697.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we preliminarily 
determine that there is a subsidy, i.e., a financial contribution by an 
``authority'' that confers a benefit to the recipient, and that the 
subsidy is specific.\8\ For a full description of the methodology 
underlying our preliminary conclusions, including our reliance, in 
part, on adverse facts available pursuant to sections 776(a) and (b) of 
the Act, see the Preliminary Decision Memorandum.
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    \8\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of topics discussed in the Preliminary 
Decision Memorandum is included as Appendix I to this notice.

Preliminary Rate for Non-Selected Companies Under Review

    As discussed above, Commerce initiated this administrative review 
on 171 producers/exporters; rescinded this administrative review, in 
part, with respect to 88 producers/exporters; and intends to rescind 
this review with respect to eleven companies that have certified no 
shipments during the POR. In addition, Commerce selected two mandatory 
respondents, Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. (Jiangsu 
Senmao) and Riverside Plywood Corp. (Riverside Plywood) for individual 
examination.\9\ For the remaining 67 companies subject this review, 
because the rates calculated for the mandatory respondents were above 
de minimis and not based entirely on facts available, we applied a 
subsidy rate based on a weighted-average of the subsidy rates 
calculated for Jiangsu Senmao and Riverside Plywood using publicly 
ranged sales data submitted by these mandatory respondents. This 
methodology to establish the all-others subsidy rate is consistent with 
our practice and section 705(c)(5)(A) of the Act. For further 
information on the calculation of the non-selected respondent rate, 
refer to the section in the Preliminary Decision Memorandum entitled 
``Non-Selected Companies Under Review.'' For a list of the non-

[[Page 73246]]

selected companies, see Appendix II to this notice.
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    \9\ Cross-owned affiliates are Baroque Timber Industries 
(Zhongshan) Co., Ltd.; Suzhou Times Flooring Co., Ltd.; and 
Zhongshan Lianjia Flooring Co., Ltd.
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Preliminary Results of the Review

    In accordance with 19 CFR 351.221(b)(4)(i), we calculated a 
countervailable subsidy rate for each of the mandatory respondents, 
Jiangsu Senmao and Riverside Plywood, and their cross-owned affiliates, 
where applicable.
    We preliminarily find the countervailable subsidy rates for the 
mandatory and non-selected respondents under review to be as follows:
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    \10\ Cross-owned affiliates are Baroque Timber Industries 
(Zhongshan) Co., Ltd.; Suzhou Times Flooring Co., Ltd.; and 
Zhongshan Lianjia Flooring Co., Ltd.
    \11\ See Appendix II.

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                        (percent)
------------------------------------------------------------------------
Riverside Plywood Corp. and its Cross-Owned Affiliates             22.70
 \10\...................................................
Jiangsu Senmao Bamboo and Wood Industry Co., Ltd........            5.50
Non-Selected Companies Under Review \11\................           15.71
------------------------------------------------------------------------

Disclosure

    We intend to disclose to interested parties the calculations 
performed for these preliminary results in accordance with 19 CFR 
351.224(b).

Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon for its final results. Normally, 
Commerce verifies information using standard procedures, including an 
on-site examination of original accounting, financial, and sales 
documentation. However, due to current travel restrictions in response 
to the global COVID-19 pandemic, Commerce is unable to conduct on-site 
verification in this review. Accordingly, we intend to verify the 
information relied upon for the final results through alternative means 
in lieu of an on-site verification.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. A timeline for the 
submission of case and rebuttal briefs and written comments will be 
provided to interested parties at a later date.\12\ Note that Commerce 
has temporarily modified certain of its requirements for serving 
documents containing business proprietary information until further 
notice.\13\
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    \12\ See 19 CFR 351.309(c) and (d).
    \13\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18, 
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
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    Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit 
case briefs or rebuttal briefs in this review are encouraged to submit 
with each argument: (1) A statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.
    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. If a request 
for a hearing is made, Commerce intends to hold the hearing at a time 
and date to be determined. Parties should confirm by telephone the date 
and time of the hearing two days before the scheduled date.
    An electronically filed document must be received successfully in 
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established 
deadline.

Final Results

    Unless extended, we intend to issue the final results of this 
administrative review, which will include the results of our analysis 
of the issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, pursuant to 
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Assessment Rates

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned subsidy rates in the amounts shown above for the producer/
exporters shown above. Upon completion of the administrative review, 
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), 
Commerce shall determine, and CBP shall assess, countervailing duties 
on all appropriate entries covered by this review. For the companies 
for which this review is rescinded, Commerce will instruct CBP to 
assess countervailing duties on all appropriate entries at a rate equal 
to the cash deposit of estimated countervailing duties required at the 
time of entry, or withdrawal from warehouse, for consumption, during 
the period January 1, 2019, through December 31, 2019, in accordance 
with 19 CFR 351.212(c)(l)(i). Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, Commerce intends, 
upon publication of the final results, to instruct CBP to collect cash 
deposits of estimated countervailing duties in the amounts shown for 
each of the respective companies listed above and in Appendix II 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, we 
will instruct CBP to continue to collect cash deposits at the most 
recent company-specific or all-others rate applicable to the company. 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.

Notification to Interested Parties

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

    Dated: December 17, 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 Preliminary Decision 
Memorandum

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

Appendix II--Non-Selected Companies Under Review

1. Anhui Boya Bamboo & Wood Products Co., Ltd.

[[Page 73247]]

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

[FR Doc. 2021-28074 Filed 12-23-21; 8:45 am]
BILLING CODE 3510-DS-P