Multilayered Wood Flooring From the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results, 78296-78298 [2023-25200]
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78296
Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices
section 702(h) of the Trade Agreements
Act of 1979 (as amended) (the Act),
published the quarterly update to the
annual listing of foreign government
subsidies on articles of cheese subject to
an in-quota rate of duty covering the
period January 1, 2023, through March
31, 2023.1 In the First Quarter 2023
Update, we requested that any party
that had information on foreign
government subsidy programs that
benefited articles of cheese subject to an
in-quota rate of duty submit such
information to Commerce.2 We received
no comments, information, or requests
for consultation from any party.
Pursuant to section 702(h) of the Act,
we hereby provide Commerce’s update
of subsidies on articles of cheese that
were imported during the period April
1, 2023, through June 30, 2023. The
appendix to this notice lists the country,
the subsidy program or programs, and
the gross and net amounts of each
subsidy for which information is
currently available.
Commerce will incorporate additional
programs which are found to constitute
subsidies, and additional information
on the subsidy programs listed, as the
information is developed. Commerce
encourages any person having
information on foreign government
subsidy programs which benefit articles
of cheese subject to an in-quota rate of
duty to submit such information in
writing through the Federal
eRulemaking Portal at https://
www.regulations.gov, Docket No. ITA–
2020–0005, ‘‘Quarterly Update to
Cheese Subject to an In-Quota Rate of
Duty.’’ The materials in the docket will
not be edited to remove identifying or
contact information, and Commerce
cautions against including any
information in an electronic submission
that the submitter does not want
publicly disclosed. Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
formats only. All comments should be
addressed to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
This determination and notice are in
accordance with section 702(a) of the
Act.
Dated: November 8, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY
Net 4
subsidy($/lb)
Program(s)
27 European Union Member States 5 ..........................
Canada .........................................................................
European Union Restitution Payments ........................
Export Assistance on ....................................................
Certain Types of Cheese .............................................
Indirect (Milk) Subsidy ..................................................
Consumer Subsidy .......................................................
$ 0.00
0.47
$0.00
0.47
0.00
0.00
0.00
0.00
Total .......................................................................
0.00
0.00
Deficiency Payments ....................................................
0.00
0.00
Norway ..........................................................................
Switzerland ...................................................................
[FR Doc. 2023–25202 Filed 11–14–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970]
Multilayered Wood Flooring From the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
the Results of Antidumping
Administrative Review; Notice of
Amended Final Results
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 30, 2023, the U.S.
Court of International Trade (CIT)
issued its final judgment in American
Manufacturers of Multilayered Wood
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES1
Gross 3
subsidy ($/lb)
Country
1 See Quarterly Update to Annual Listing of
Foreign Government Subsidies on Articles of Cheese
Subject to an In-Quota Rate of Duty, 88 FR 55438
(August 15, 2023) (First Quarter 2023 Update).
2 Id.
3 Defined in 19 U.S.C. 1677(5).
4 Defined in 19 U.S.C. 1677(6).
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17:49 Nov 14, 2023
Jkt 262001
Flooring v. United States, Court No. 20–
03948, Slip Op. 23–70 (CIT May 5,
2023), sustaining the U.S. Department of
Commerce (Commerce)’s remand results
pertaining to the administrative review
of the antidumping duty (AD) order on
multilayered wood flooring (MLWF)
from the People’s Republic of China
(China) covering the period of review
(POR) December 1, 2017, through
November 30, 2018. Commerce is
notifying the public that the CIT’s final
judgment is not in harmony with
Commerce’s final results of the
administrative review, and that
Commerce is amending the final results
with respect to the dumping margin
assigned to 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); Jiangsu Guyu
5 The 27 member states of the European Union
are: Austria, Belgium, Bulgaria, Croatia, Cyprus,
Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland, Italy, Latvia,
Lithuania, Luxembourg, Malta, Netherlands,
Poland, Portugal, Romania, Slovakia, Slovenia,
Spain, and Sweden.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
International Trading Co., Ltd. (Guyu);
and certain non-individually examined
respondents.
DATES: Applicable November 9, 2023.
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 3, 2020, Commerce
published its Final Results in the 2017–
2018 AD administrative review of
MLWF from China.1 Commerce
determined that mandatory respondents
Jinlong and Guyu did not make sales of
MLWF from China at prices below
normal value (NV) during the POR.2
1 See Multilayered Wood Flooring from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review and New
Shipper Review and Final Determination of No
Shipments; 2017–2018, 85 FR 78118 (December 3,
2020) (Final Results), and accompanying Issues and
Decision Memorandum (IDM).
2 Id.
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Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices
Thus, Commerce calculated an
estimated weighted-average dumping
margin and cash deposit rate (adjusted
for subsidy offsets) of 0.00 percent for
Jinlong and Guyu, which it applied to
the non-individually-examined
companies that were found to be eligible
for a separate rate.3
The American Manufacturers of
Multilayered Wood Flooring (the
petitioner) appealed Commerce’s Final
Results. On May 5, 2023, the CIT
remanded the Final Results to
Commerce.4 In the Remand Order, the
CIT directed Commerce to revise the
surrogate manufacturing overhead
(MOH) ratio calculation by including
the entire amount of indirect production
expenses stated in the surrogate
financial statement in the numerator, or
otherwise explain why it cannot do so.5
The CIT held that Commerce’s
determination of the MOH ratio was not
supported by substantial evidence
because: (1) limiting overhead expenses
in the numerator to depreciation, other
materials, and third party service
expenses is unreasonable in light of the
universe of expenses normally
considered to make up overhead; and
(2) Commerce’s claim that using the
indirect production expenses entry in
the numerator of the MOH ratio may be
distortive is a speculative conclusion.6
Additionally, the CIT remanded the
Final Results to Commerce to reconsider
its application of its Labor Rate Policy,
which assumes 24 working days per
month, 5.5 working days per week, and
eight working hours per day, to
calculate a surrogate hourly labor rate.7
If Commerce continued to use this
policy, the CIT directed Commerce to
explain: (1) the source for the
assumptions; (2) why it is a reasonable
basis on which to calculate the surrogate
labor rate; and (3) how it is more
specific to Romania than information
provided by the petitioner.8
In its remand redetermination, issued
on August 24, 2023, Commerce revised
the surrogate MOH ratio, explained the
assumptions underlying its Labor Rate
Policy, and revised the surrogate hourly
3 Id.,
85 FR at 78119.
American Manufacturers of Multilayered
Wood Flooring v. United States, Court No. 20–
03948, Slip Op. 23–70 (CIT May 5, 2023) (Remand
Order).
5 Id. at 33.
6 See Final Results IDM at 17–20; see also
Remand Order at 19–20.
7 See Remand Order at 33; see also Antidumping
Methodologies in Proceedings Involving NonMarket Economies: Valuing the Factor of
Production: Labor, 76 FR 36092, 36093 (June 21,
2011) (Labor Rate Policy).
8 See Remand Order at 33.
ddrumheller on DSK120RN23PROD with NOTICES1
4 See
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17:49 Nov 14, 2023
Jkt 262001
labor rate.9 On October 30, 2023, the
CIT sustained Commerce’s final
redetermination.10
Timken Notice
In its decision in Timken,11 as
clarified by Diamond Sawblades,12 the
U.S. Court of Appeals for the Federal
Circuit 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 court decision that
is not ‘‘in harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
October 30, 2023, judgment constitutes
a final decision of the CIT that is not in
harmony with Commerce’s Final
Results. Thus, this notice is published
in fulfillment of the publication
requirements of Timken.
78297
deposit rate,15 Commerce will issue
revised cash deposit instructions to U.S.
Customs and Border Protection (CBP).
Because Jinlong, Guyu, and the
remaining separate rate respondents
have a superseding cash deposit rate,
i.e., there have been final results
published in a subsequent
administrative review, we will not issue
revised cash deposit instructions to
CBP. This notice will not affect the
current cash deposit rate for these
companies.
Liquidation of Suspended Entries
At this time, Commerce remains
enjoined by CIT order from liquidating
entries that: were exported by Jinlong,
Guyu, and the non-individuallyexamined separate rate respondents
listed in the Appendix, and were
entered, or withdrawn from warehouse,
Amended Final Results
for consumption during the period
Because there is now a final court
December 1, 2017, through November
judgment, Commerce is amending its
30, 2018. These entries will remain
Final Results with respect to Jinlong,
enjoined pursuant to the terms of the
Guyu, and the non-individuallyinjunction during the pendency of any
examined separate rate companies, as
appeals process.
follows:
In the event the CIT’s ruling is not
Weightedappealed, or, if appealed, upheld by a
average
final and conclusive court decision,
Exporter
dumping
Commerce intends to instruct CBP to
margin
(percent)
assess antidumping duties on
unliquidated entries of subject
Dalian Qianqiu Wooden
merchandise exported by Jinlong, Guyu,
Product Co., Ltd.; Fusong
and the non-individually-examined
Jinlong Wooden Group
separate rate respondents in accordance
Co., Ltd.; Fusong Jinqiu
Wooden Product Co., Ltd.;
with 19 CFR 351.212(b), where
and Fusong Qianqiu
appropriate. We will instruct CBP to
Wooden Product Co., Ltd.
assess antidumping duties on all
(collectively, Jinlong) .........
2.05
appropriate entries covered by this
Jiangsu Guyu International
Trading Co., Ltd ................
0.00 review when the weighted-average
dumping margin or an importer-specific
Non-Selected Companies
Under Review Receiving a
ad valorem assessment rate is not zero
14 2.05
Separate Rate 13 ...............
or de minimis. Where the weightedaverage dumping margin or an importerCash Deposit Requirements
specific ad valorem assessment rate is
zero or de minimis,16 we will instruct
For seven separate rate respondents
that do not have a superseding cash
CBP to liquidate the appropriate entries
without regard to antidumping duties.
9 See Final Results of Redetermination Pursuant
to Court Remand, American Manufacturers of
Multilayered Wood Flooring v. United States, Court
No. 20–3948, dated August 24, 2023 (Final
Remand), available at https://access.trade.gov/
resources/remands/23-70.pdf.
10 See American Manufacturers of Multilayered
Wood Flooring v. United States, Court No. 20–
03948, Slip Op. 23–156 (CIT October 30, 2023).
11 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
12 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
13 See Appendix.
14 As the recalculated margin for Jinlong is the
only margin that is not zero, de minimis, or
determined entirely under section 776 of the Act,
we assigned this margin to the non-individually-
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Fmt 4703
Sfmt 4703
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.
examined separate rate companies, consistent with
the guidance provided in section 735(c)(5) of the
Act.
15 These companies are Anhui Longhua Bamboo
Product Co., Ltd.; Dalian Deerfu Wooden Product
Co., Ltd.; Dalian Shengyu Science And Technology
Development Co., Ltd.; Dunhua City Wanrong
Wood Industry Co., Ltd.; Power Dekor Group Co.,
Ltd.; Yekalon Industry Inc.; and Zhejiang Shiyou
Timber Co., Ltd.
16 See 19 CFR 351.106(c)(2).
E:\FR\FM\15NON1.SGM
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78298
Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices
Dated: November 8, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
ddrumheller on DSK120RN23PROD with NOTICES1
[FR Doc. 2023–25200 Filed 11–14–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Non-Individually Examined Companies
Eligible for a Separate Rate
International Trade Administration
A&W (Shanghai) Woods Co., Ltd.
Anhui Longhua Bamboo Product Co., Ltd.
Benxi Wood Company
Dalian Dajen Wood Co., Ltd.
Dalian Deerfu Wooden Product Co., Ltd.
Dalian Jiahong Wood Industry Co., Ltd.
Dalian Kemian Wood Industry Co., Ltd.
Dalian Penghong Floor Products Co., Ltd./
Dalian Shumaike Floor Manufacturing Co.,
Ltd.
Dalian Shengyu Science And Technology
Development Co., Ltd.
Dalian T-Boom Wood Products Co., Ltd.
Dongtai Fuan Universal Dynamics, LLC
Dunhua City Dexin Wood Industry Co., Ltd.
Dunhua City Hongyuan Wood Industry Co.,
Ltd.
Dunhua City Wanrong Wood Industry Co.,
Ltd.
Dun Hua Sen Tai Wood Co., Ltd.
Dunhua Shengda Wood Industry Co., Ltd.
Guangzhou Panyu Southern Star Co., Ltd.
HaiLin LinJing Wooden Products, Ltd.
Hangzhou Hanje Tec Company Limited
Hunchun Xingjia Wooden Flooring Inc.
Huzhou Chenghang Wood Co., Ltd
Huzhou Fulinmen Imp. & Exp. Co., Ltd.
Huzhou Sunergy World Trade Co., Ltd.
Jiangsu Keri Wood Co., Ltd.
Jiangsu Mingle Flooring Co., Ltd
Jiangsu Senmao Bamboo and Wood Industry
Co., Ltd.
Jiangsu Simba Flooring Co., Ltd.
Jiashan HuiJiaLe Decoration Material Co.,
Ltd.
Jiaxing Hengtong Wood Co., Ltd.
Jilin Xinyuan Wooden Industry Co., Ltd.
Karly Wood Product Limited
Kember Flooring, Inc.
Kemian Wood Industry (Kunshan) Co., Ltd.
Lauzon Distinctive Hardwood Flooring, Inc.
Linyi Youyou Wood Co., Ltd.
Metropolitan Hardwood Floors, Inc.
Mudanjiang Bosen Wood Industry Co., Ltd.
Nakahiro Jyou Sei Furniture (Dalian) Co.,
Ltd.
Omni Arbor Solution Co., Ltd.
Pinge Timber Manufacturing (Zhejiang) Co.,
Ltd.
Power Dekor Group Co., Ltd.
Scholar Home (Shanghai) New Material Co.,
Ltd.
Shenyang Haobainian Wooden Co., Ltd.
Sino-Maple (Jiangsu) Co., Ltd.
Suzhou Dongda Wood Co., Ltd.
Tongxiang Jisheng Import and Export Co.,
Ltd.
Xuzhou Shenghe Wood Co., Ltd.
Yekalon Industry Inc.
Yihua Lifestyle Technology Co., Ltd.
(successor-in-interest to Guangdong Yihua
Timber Industry Co., Ltd.)
Zhejiang Dadongwu Green Home Wood Co.,
Ltd.
Zhejiang Fuerjia Wooden Co., Ltd
Zhejiang Longsen Lumbering Co., Ltd.
VerDate Sep<11>2014
Zhejiang Shiyou Timber Co., Ltd.
17:49 Nov 14, 2023
Jkt 262001
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) has received
requests to conduct administrative
reviews of various antidumping duty
(AD) and countervailing duty (CVD)
orders with September anniversary
dates. In accordance with Commerce’s
regulations, we are initiating those
administrative reviews.
DATES: Applicable November 15, 2023.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–4735.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various AD and CVD orders with
September anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
Commerce discussed below refer to the
number of calendar days from the
applicable starting time.
Notice of No Sales
With respect to AD administrative
reviews, if a producer or exporter
named in this notice of initiation had no
exports, sales, or entries during the
period of review (POR), it must notify
Commerce within 30 days of
publication of this notice in the Federal
Register. All submissions must be filed
electronically at https://
access.trade.gov, in accordance with 19
CFR 351.303.1 Such submissions are
subject to verification, in accordance
with section 782(i) of the Tariff Act of
1930, as amended (the Act). Further, in
accordance with 19 CFR 351.303(f)(1)(i),
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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Frm 00016
Fmt 4703
Sfmt 4703
a copy must be served on every party on
Commerce’s service list.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
POR. We intend to place the CBP data
on the record within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 35 days of
publication of the initiation Federal
Register notice. Comments regarding the
CBP data and respondent selection
should be submitted within seven days
after the placement of the CBP data on
the record of this review. Parties
wishing to submit rebuttal comments
should submit those comments within
five days after the deadline for the
initial comments.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act, the
following guidelines regarding
collapsing of companies for purposes of
respondent selection will apply. In
general, Commerce has found that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (e.g., treated as a single
entity for purposes of calculating AD
rates) require a substantial amount of
detailed information and analysis,
which often require follow-up questions
and analysis. Accordingly, Commerce
will not conduct collapsing analyses at
the respondent selection phase of the
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of the AD proceeding
(e.g., investigation, administrative
review, new shipper review, or changed
circumstances review). For any
company subject to the review, if
Commerce determined, or continued to
treat, that company as collapsed with
others, Commerce will assume that such
companies continue to operate in the
same manner and will collapse them for
respondent selection purposes.
Otherwise, Commerce will not collapse
companies for purposes of respondent
selection.
Parties are requested to (a) identify
which companies subject to review
previously were collapsed, and (b)
provide a citation to the proceeding in
which they were collapsed. Further, if
E:\FR\FM\15NON1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 219 (Wednesday, November 15, 2023)]
[Notices]
[Pages 78296-78298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25200]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-970]
Multilayered Wood Flooring From the People's Republic of China:
Notice of Court Decision Not in Harmony With the Results of Antidumping
Administrative Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On October 30, 2023, the U.S. Court of International Trade
(CIT) issued its final judgment in American Manufacturers of
Multilayered Wood Flooring v. United States, Court No. 20-03948, Slip
Op. 23-70 (CIT May 5, 2023), sustaining the U.S. Department of Commerce
(Commerce)'s remand results pertaining to the administrative review of
the antidumping duty (AD) order on multilayered wood flooring (MLWF)
from the People's Republic of China (China) covering the period of
review (POR) December 1, 2017, through November 30, 2018. Commerce is
notifying the public that the CIT's final judgment is not in harmony
with Commerce's final results of the administrative review, and that
Commerce is amending the final results with respect to the dumping
margin assigned to 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);
Jiangsu Guyu International Trading Co., Ltd. (Guyu); and certain non-
individually examined respondents.
DATES: Applicable November 9, 2023.
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 3, 2020, Commerce published its Final Results in the
2017-2018 AD administrative review of MLWF from China.\1\ Commerce
determined that mandatory respondents Jinlong and Guyu did not make
sales of MLWF from China at prices below normal value (NV) during the
POR.\2\
[[Page 78297]]
Thus, Commerce calculated an estimated weighted-average dumping margin
and cash deposit rate (adjusted for subsidy offsets) of 0.00 percent
for Jinlong and Guyu, which it applied to the non-individually-examined
companies that were found to be eligible for a separate rate.\3\
---------------------------------------------------------------------------
\1\ See Multilayered Wood Flooring from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review and
New Shipper Review and Final Determination of No Shipments; 2017-
2018, 85 FR 78118 (December 3, 2020) (Final Results), and
accompanying Issues and Decision Memorandum (IDM).
\2\ Id.
\3\ Id., 85 FR at 78119.
---------------------------------------------------------------------------
The American Manufacturers of Multilayered Wood Flooring (the
petitioner) appealed Commerce's Final Results. On May 5, 2023, the CIT
remanded the Final Results to Commerce.\4\ In the Remand Order, the CIT
directed Commerce to revise the surrogate manufacturing overhead (MOH)
ratio calculation by including the entire amount of indirect production
expenses stated in the surrogate financial statement in the numerator,
or otherwise explain why it cannot do so.\5\ The CIT held that
Commerce's determination of the MOH ratio was not supported by
substantial evidence because: (1) limiting overhead expenses in the
numerator to depreciation, other materials, and third party service
expenses is unreasonable in light of the universe of expenses normally
considered to make up overhead; and (2) Commerce's claim that using the
indirect production expenses entry in the numerator of the MOH ratio
may be distortive is a speculative conclusion.\6\ Additionally, the CIT
remanded the Final Results to Commerce to reconsider its application of
its Labor Rate Policy, which assumes 24 working days per month, 5.5
working days per week, and eight working hours per day, to calculate a
surrogate hourly labor rate.\7\ If Commerce continued to use this
policy, the CIT directed Commerce to explain: (1) the source for the
assumptions; (2) why it is a reasonable basis on which to calculate the
surrogate labor rate; and (3) how it is more specific to Romania than
information provided by the petitioner.\8\
---------------------------------------------------------------------------
\4\ See American Manufacturers of Multilayered Wood Flooring v.
United States, Court No. 20-03948, Slip Op. 23-70 (CIT May 5, 2023)
(Remand Order).
\5\ Id. at 33.
\6\ See Final Results IDM at 17-20; see also Remand Order at 19-
20.
\7\ See Remand Order at 33; see also Antidumping Methodologies
in Proceedings Involving Non-Market Economies: Valuing the Factor of
Production: Labor, 76 FR 36092, 36093 (June 21, 2011) (Labor Rate
Policy).
\8\ See Remand Order at 33.
---------------------------------------------------------------------------
In its remand redetermination, issued on August 24, 2023, Commerce
revised the surrogate MOH ratio, explained the assumptions underlying
its Labor Rate Policy, and revised the surrogate hourly labor rate.\9\
On October 30, 2023, the CIT sustained Commerce's final
redetermination.\10\
---------------------------------------------------------------------------
\9\ See Final Results of Redetermination Pursuant to Court
Remand, American Manufacturers of Multilayered Wood Flooring v.
United States, Court No. 20-3948, dated August 24, 2023 (Final
Remand), available at https://access.trade.gov/resources/remands/23-70.pdf.
\10\ See American Manufacturers of Multilayered Wood Flooring v.
United States, Court No. 20-03948, Slip Op. 23-156 (CIT October 30,
2023).
---------------------------------------------------------------------------
Timken Notice
In its decision in Timken,\11\ as clarified by Diamond
Sawblades,\12\ the U.S. Court of Appeals for the Federal Circuit 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 court decision
that is not ``in harmony'' with a Commerce determination and must
suspend liquidation of entries pending a ``conclusive'' court decision.
The CIT's October 30, 2023, judgment constitutes a final decision of
the CIT that is not in harmony with Commerce's Final Results. Thus,
this notice is published in fulfillment of the publication requirements
of Timken.
---------------------------------------------------------------------------
\11\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\12\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------
Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to Jinlong, Guyu, and the non-
individually-examined separate rate companies, as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Dalian Qianqiu Wooden Product Co., Ltd.; Fusong Jinlong 2.05
Wooden Group Co., Ltd.; Fusong Jinqiu Wooden Product
Co., Ltd.; and Fusong Qianqiu Wooden Product Co., Ltd.
(collectively, Jinlong)................................
Jiangsu Guyu International Trading Co., Ltd............. 0.00
Non-Selected Companies Under Review Receiving a Separate \14\ 2.05
Rate \13\..............................................
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Cash Deposit Requirements
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\13\ See Appendix.
\14\ As the recalculated margin for Jinlong is the only margin
that is not zero, de minimis, or determined entirely under section
776 of the Act, we assigned this margin to the non-individually-
examined separate rate companies, consistent with the guidance
provided in section 735(c)(5) of the Act.
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For seven separate rate respondents that do not have a superseding
cash deposit rate,\15\ Commerce will issue revised cash deposit
instructions to U.S. Customs and Border Protection (CBP). Because
Jinlong, Guyu, and the remaining separate rate respondents have a
superseding cash deposit rate, i.e., there have been final results
published in a subsequent administrative review, we will not issue
revised cash deposit instructions to CBP. This notice will not affect
the current cash deposit rate for these companies.
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\15\ These companies are Anhui Longhua Bamboo Product Co., Ltd.;
Dalian Deerfu Wooden Product Co., Ltd.; Dalian Shengyu Science And
Technology Development Co., Ltd.; Dunhua City Wanrong Wood Industry
Co., Ltd.; Power Dekor Group Co., Ltd.; Yekalon Industry Inc.; and
Zhejiang Shiyou Timber Co., Ltd.
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Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that: were exported by Jinlong, Guyu, and the non-
individually-examined separate rate respondents listed in the Appendix,
and were entered, or withdrawn from warehouse, for consumption during
the period December 1, 2017, through November 30, 2018. These entries
will remain enjoined pursuant to the terms of the injunction 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 unliquidated entries of
subject merchandise exported by Jinlong, Guyu, and the non-
individually-examined separate rate respondents in accordance with 19
CFR 351.212(b), where appropriate. We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the weighted-average dumping margin or an importer-specific ad
valorem assessment rate is not zero or de minimis. Where the weighted-
average dumping margin or an importer-specific ad valorem assessment
rate is zero or de minimis,\16\ we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\16\ See 19 CFR 351.106(c)(2).
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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.
[[Page 78298]]
Dated: November 8, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Non-Individually Examined Companies Eligible for a Separate Rate
A&W (Shanghai) Woods Co., Ltd.
Anhui Longhua Bamboo Product Co., Ltd.
Benxi Wood Company
Dalian Dajen Wood Co., Ltd.
Dalian Deerfu Wooden Product Co., Ltd.
Dalian Jiahong Wood Industry Co., Ltd.
Dalian Kemian Wood Industry Co., Ltd.
Dalian Penghong Floor Products Co., Ltd./Dalian Shumaike Floor
Manufacturing Co., Ltd.
Dalian Shengyu Science And Technology Development Co., Ltd.
Dalian T-Boom Wood Products Co., Ltd.
Dongtai Fuan Universal Dynamics, LLC
Dunhua City Dexin Wood Industry Co., Ltd.
Dunhua City Hongyuan Wood Industry Co., Ltd.
Dunhua City Wanrong Wood Industry Co., Ltd.
Dun Hua Sen Tai Wood Co., Ltd.
Dunhua Shengda Wood Industry Co., Ltd.
Guangzhou Panyu Southern Star Co., Ltd.
HaiLin LinJing Wooden Products, Ltd.
Hangzhou Hanje Tec Company Limited
Hunchun Xingjia Wooden Flooring Inc.
Huzhou Chenghang Wood Co., Ltd
Huzhou Fulinmen Imp. & Exp. Co., Ltd.
Huzhou Sunergy World Trade Co., Ltd.
Jiangsu Keri Wood Co., Ltd.
Jiangsu Mingle Flooring Co., Ltd
Jiangsu Senmao Bamboo and Wood Industry Co., Ltd.
Jiangsu Simba Flooring Co., Ltd.
Jiashan HuiJiaLe Decoration Material Co., Ltd.
Jiaxing Hengtong Wood Co., Ltd.
Jilin Xinyuan Wooden Industry Co., Ltd.
Karly Wood Product Limited
Kember Flooring, Inc.
Kemian Wood Industry (Kunshan) Co., Ltd.
Lauzon Distinctive Hardwood Flooring, Inc.
Linyi Youyou Wood Co., Ltd.
Metropolitan Hardwood Floors, Inc.
Mudanjiang Bosen Wood Industry Co., Ltd.
Nakahiro Jyou Sei Furniture (Dalian) Co., Ltd.
Omni Arbor Solution Co., Ltd.
Pinge Timber Manufacturing (Zhejiang) Co., Ltd.
Power Dekor Group Co., Ltd.
Scholar Home (Shanghai) New Material Co., Ltd.
Shenyang Haobainian Wooden Co., Ltd.
Sino-Maple (Jiangsu) Co., Ltd.
Suzhou Dongda Wood Co., Ltd.
Tongxiang Jisheng Import and Export Co., Ltd.
Xuzhou Shenghe Wood Co., Ltd.
Yekalon Industry Inc.
Yihua Lifestyle Technology Co., Ltd. (successor-in-interest to
Guangdong Yihua Timber Industry Co., Ltd.)
Zhejiang Dadongwu Green Home Wood Co., Ltd.
Zhejiang Fuerjia Wooden Co., Ltd
Zhejiang Longsen Lumbering Co., Ltd.
Zhejiang Shiyou Timber Co., Ltd.
[FR Doc. 2023-25200 Filed 11-14-23; 8:45 am]
BILLING CODE 3510-DS-P
