Multilayered Wood Flooring From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2021, 41939-41941 [2024-10512]

Download as PDF Federal Register / Vol. 89, No. 94 / Tuesday, May 14, 2024 / Notices [FR Doc. 2024–10363 Filed 5–13–24; 8:45 am] BILLING CODE 3410–XV–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–971] Multilayered Wood Flooring From the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) continues to determine that the mandatory respondents, Riverside Plywood Corporation (Riverside) and Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. (Jiangsu Senmao), and 12 other producers and/or exporters of multilayered wood flooring (wood flooring) from the People’s Republic of China (China), received countervailable subsidies during the period of review (POR) January 1, 2021, through December 31, 2021. DATES: Applicable May 14, 2024. FOR FURTHER INFORMATION CONTACT: Craig Matney or Jonathan Schueler, 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) 482–2429 or (202) 482–9175, respectively. SUPPLEMENTARY INFORMATION: AGENCY: khammond on DSKJM1Z7X2PROD with NOTICES Background Commerce published the Preliminary Results of this administrative review in the Federal Register on December 28, 2023, and invited interested parties to comment.1 On February 8, 2024, we received case briefs from the following interested parties: Riverside,2 Jiangsu Senmao, the Government of the People’s Republic of China (GOC), and the American Manufacturers of Multilayered Wood Flooring 1 See Multilayered Wood Flooring from the People’s Republic of China: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2021, 88 FR 89664 (December 28, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 We previously determined Baroque Timber (Zhongshan) Industries, Suzhou Times Flooring Co., Ltd., and Zhongshan Lianjia Flooring Co., Ltd. to be cross-owned affiliates of Riverside. See, e.g., Multilayered Wood Flooring from the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2020, 88 FR 34828 (May 31, 2023). VerDate Sep<11>2014 17:01 May 13, 2024 Jkt 262001 (AMMWF).3 In addition, Commerce received a letter from Anhui Longhua Bamboo Product Co., Ltd.; Benxi Flooring Factory (General Partnership); Benxi Wood Company; Dalian Jiahong Wood Industry Co., Ltd.; Dalian Shengyu Science and Technology Development Co., Ltd.; Dongtai Fuan Universal Dynamics, LLC; HaiLin LinJing Wooden Products Co., Ltd.; Jiangsu Mingle Flooring Co., Ltd.; Jiangsu Simba Flooring Co., Ltd.; Jiangsu Yuhui International Trade Co., Ltd.; Jiashan On-Line Lumber Co., Ltd.; Kingman Wood Industry Co., Ltd.; Pinge Timber Manufacturing (Zhejiang) Co., Ltd.; Suzhou Dongda Wood Co., Ltd.; Tongxiang Jisheng Import and Export Co., Ltd.; Yihua Lifestyle Technology Co., Ltd.; Zhejiang Shiyou Timber Co., Ltd.; and Lumber Liquidators Services, LLC (collectively, CH Respondents) supporting arguments made by the mandatory respondents and the GOC.4 On February 20, 2024, AMMWF, Riverside, and Jiangsu Senmao submitted timely rebuttal briefs.5 Also on February 20, 2024, Commerce received a letter from the CH Respondents supporting the arguments presented in the rebuttal briefs by the GOC and the mandatory respondents.6 Scope of the Order The product covered by the Order 7 is multilayered wood flooring from China. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.8 3 See AMMWF’s Letter, ‘‘Case Brief,’’ dated February 8, 2024; see also GOC’s Letter, ‘‘GOC Case Brief,’’ dated February 8, 2024; Riverside’s Letter, ‘‘Administrative Case Brief,’’ dated February 8, 2024; and Jiangsu Senmao’s Letter, ‘‘Case Brief on behalf of Jiangsu Senmao Bamboo and Wood Industry Co., Ltd.,’’ dated February 8, 2024. 4 See CH Respondents’ Letter, ‘‘Letter in Lieu of Case Brief,’’ dated February 8, 2024. 5 See AMMWF’s Letter, ‘‘Rebuttal Brief,’’ dated February 20, 2024; see also Riverside’s Letter, ‘‘Rebuttal Brief,’’ dated February 20, 2024; and Jiangsu Senmao’s Letter, ‘‘Rebuttal Brief,’’ dated February 20, 2024. 6 See CH Respondents’ Letter, ‘‘Letter in Lieu of Rebuttal Brief,’’ dated February 20, 2024. 7 See Multilayered Wood Flooring from the People’s Republic of China: Countervailing Duty Order, 76 FR 76693 (December 8, 2011); see also Multilayered Wood Flooring from the People’s Republic of China: Amended Antidumping and Countervailing Duty Orders, 77 FR 5484 (February 3, 2012); and Multilayered Wood Flooring from the People’s Republic of China: Final Clarification of the Scope of the Antidumping and Countervailing Duty Orders, 82 FR 27799 (June 19, 2017) (collectively, Order). 8 See Memorandum, ‘‘Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review of Multilayered Wood Flooring from the People’s Republic of China; 2021,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 41939 Analysis of Comments Received All issues raised in the parties’ briefs are addressed in the Issues and Decision Memorandum. A list of the issues addressed is attached to this notice at Appendix I. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Changes Since the Preliminary Results Based on our analysis of the case and rebuttal briefs and the evidence on the record, we made certain changes from the Preliminary Results, and we revised the net countervailable subsidy rates for Riverside and Jiangsu Senmao. These changes are explained in the Issues and Decision Memorandum. Methodology Commerce is conducting this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.9 The Issues and Decision Memorandum contains a full description of the methodology underlying Commerce’s conclusions, including any determination that relied upon the use of adverse facts available pursuant to sections 776(a) and (b) of the Act. Rate for Non-Selected Companies Under Review The statute and Commerce’s regulations do not address the establishment of a rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. However, Commerce normally determines the rates for non-selected companies in reviews in a manner that is consistent with section 705(c)(5) of the Act, which provides the basis for calculating the all-others rate in an investigation. Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general 9 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. E:\FR\FM\14MYN1.SGM 14MYN1 41940 Federal Register / Vol. 89, No. 94 / Tuesday, May 14, 2024 / Notices rule, to calculate the all-others rate equal to the weighted average of the countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero or de minimis countervailable subsidy rates, and any rates determined entirely on the basis of facts available. There are 12 companies for which a review was requested and not rescinded, and which were not selected as mandatory respondents or found to be cross-owned with a mandatory respondent. Because the rates calculated for the participating mandatory respondents in this review, Riverside and Jiangsu Senmao, were above de minimis and not entirely based on facts available, we calculated a rate for these 12 non-selected companies by weightaveraging the calculated subsidy rates of Riverside and Jiangsu Senmao using their publicly ranged sales data for exports of subject merchandise to the United States during the POR.10 This is the same methodology Commerce applied in the Preliminary Results for determining a rate for companies not selected for individual examination. However, due to changes in the calculations for Riverside and Jiangsu Senmao, we revised the nonselected rate accordingly. Consequently, for the 12 non-selected companies for which a review was requested and not rescinded, we are applying an ad valorem subsidy rate of 21.97 percent. Final Results of Administrative Review We determine the countervailable subsidy rates for the mandatory and non-selected respondents under review for the period of January 1, 2021, through December 31, 2021, are as follows: Subsidy rate (percent ad valorem) Producer/exporter Riverside Plywood Corporation and Its Cross-Owned Affiliate11 ........................................................................................................ Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. ..................................................................................................................... Non-Selected Companies Under Review12 ......................................................................................................................................... Disclosure Commerce intends to disclose the calculations and analysis performed for these final results of review within five days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). Assessment Rates Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries of subject merchandise in accordance with the final results of this review, for the above-listed companies at the applicable ad valorem assessment rates listed. We intend to issue assessment instructions to CBP 35 days after the date of publication of these final results of review. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). khammond on DSKJM1Z7X2PROD with NOTICES Cash Deposit Instructions In accordance with section 751(a)(2)(C) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the respective companies listed above on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this 10 See Memorandum, ‘‘Calculation of the NonSelected Rate for the Final Results,’’ dated concurrently with this notice. VerDate Sep<11>2014 17:01 May 13, 2024 Jkt 262001 administrative review. For all nonreviewed firms subject to the Order, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, effective upon publication of these final results, shall remain in effect until further notice. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). 11 Cross-owned affiliates are Baroque Timber (Zhongshan) Industries, Suzhou Times Flooring Co., Ltd., and Zhongshan Lianjia Flooring Co., Ltd. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 30.85 5.39 21.97 Dated: May 7, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Final Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Non-Selected Companies Under Review V. Period of Review VI. Subsidies Valuation Information VII. Changes Since the Preliminary Results VIII. Use of Facts Otherwise Available IX. Analysis of Programs X. Discussion of the Issues Comment 1: Whether to Apply Adverse Facts Available (AFA) to the Export Buyer’s Credit Program Comment 2: Whether to Apply AFA Regarding the Countervailability of the Provision of Electricity for Less Than Adequate Remuneration (LTAR) Comment 3: Whether to Apply AFA to Specificity Regarding the Countervailability of the Provision of Inputs for LTAR Comment 4: Whether Individually-Owned Suppliers Are Government Authorities Comment 5: Whether Commerce Should Exclude Certain International Tropical Timber Organization (ITTO) Data or Weight These Data Differently for the Wood Input Benchmarks A. Whether to Exclude Certain ITTO Data B. Whether Commerce Should Rely Only on the Tropical Timber Market Report (TTMR) Grade-Specific Prices to Value Plywood C. Whether to Weight the ITTO’s TTMR and Biennial Review Statistics (BRS) Data Using Country-Specific Averages 12 See E:\FR\FM\14MYN1.SGM Appendix II. 14MYN1 Federal Register / Vol. 89, No. 94 / Tuesday, May 14, 2024 / Notices D. Whether to Include Domestic Brazilian Pricing Data in Tier Two World Market Benchmark Prices Comment 6: Whether to Revise the Veneer for LTAR Benchmark A. Whether to Include Harmonized System (HS) Subheading 4408.31 B. Whether to Exclude HS Subheadings 4407.10 and 4407.11 C. Whether to Exclude Certain Allegedly Aberrational Data from Singapore Comment 7: Whether to Revise the Plywood for LTAR Benchmark Comment 8: Whether to Rely on Certain Ocean Freight Benchmark Data Used to Calculate the Ocean Freight Benchmarks Comment 9: Whether Loans from NonChinese Owned Banks Are Countervailable Comment 10: Whether Commerce Made Ministerial Errors in the Subsidy Rate Calculations Pertaining to Various Provision of Inputs for LTAR Programs XI. Recommendation Appendix II—Non-Selected Companies Under Review 1. Dalian Penghong Floor Products Co., Ltd. 2. Dalian Shumaike Floor Manufacturing Co., Ltd. 3. Fine Furniture (Shanghai) Limited 13 4. Fusong Jinlong Wooden Group Co., Ltd. 5. Fusong Qianqiu Wooden Product Co., Ltd. 6. Huzhou Fulinmen Imp. & Exp. Co., Ltd. 7. Huzhou Jesonwood Co., Ltd. 8. Jiangsu Guyu International Trading Co., Ltd. 9. Jiashan HuiJiaLe Decoration Material Co., Ltd. 10. Metropolitan Hardwood Floors, Inc. 11. Pinge Timber Manufacturing (Zhejiang) Co., Ltd. 12. Zhejiang Fuerjia Wooden Co., Ltd. [FR Doc. 2024–10512 Filed 5–13–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XD929] Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Lower Columbia River Dredged Material Management Plan, Oregon and Washington National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for letter of authorization; request for comments and information. khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: 13 Commerce previously found Great Wood (Tonghua) Ltd. and Fine Furniture Plantation (Shishou) Ltd. to be cross-owned with Fine Furniture (Shanghai) Limited. See Multilayered Wood Flooring from the People’s Republic of China: Final Affirmative Countervailing Duty Determination,76 FR 64313 (October 18, 2011). VerDate Sep<11>2014 17:01 May 13, 2024 Jkt 262001 NMFS has received a request from the U.S. Army Corps of Engineers (USACE), Portland District, for authorization to take, by Level A and Level B harassment only, small numbers of marine mammals incidental to the Lower Columbia River (LCR) Dredged Material Management Plan (DMMP), in Oregon and Washington, for a period of 5 years from November 2028 through February 2032. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of USACE’s request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on USACE’s application and request. DATES: Comments and information must be received no later than June 13, 2024. ADDRESSES: Comments on the application should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. Physical comments should be sent to 1315 East-West Highway, Silver Spring, MD 20910 and electronic comments should be sent to ITP.Pauline@noaa.gov. Instructions: NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments received electronically, including all attachments, must not exceed a 25megabyte file size. Attachments to electronic comments will be accepted in Microsoft Word or Excel or Adobe PDF file formats only. All comments received are a part of the public record and will generally be posted online at https://www.fisheries.noaa.gov/ national/marine-mammal-protection/ incidental-take-authorizationsconstruction-activities without change. All personal identifying information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. An electronic copy of USACE’s application may be obtained online at: https://www.fisheries.noaa.gov/ national/marine-mammal-protection/ incidental-take-authorizationsconstruction-activities. In case of problems accessing these documents, please call the contact listed below. FOR FURTHER INFORMATION CONTACT: Robert Pauline, Office of Protected Resources, NMFS, (301) 427–8401. SUMMARY: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 41941 SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An incidental take authorization shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an immitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. The MMPA states that the term ‘‘take’’ means to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill any marine mammal. Except with respect to certain activities not pertinent here, the MMPA defines ‘‘harassment’’ as: any act of pursuit, torment, or annoyance, which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment). Summary of Request On October 18, 2023, NMFS received an application from the USACE requesting authorization for take of marine mammals incidental to in-water construction activities associated with the LCR DMMP in Oregon and Washington between River Mile (RM) 23 and RM 36. We provided comments on the application and the USACE submitted a revised version on February 27, 2024. We deemed the application adequate and complete on April 25, 2024. The requested regulations under which we would issue the requested E:\FR\FM\14MYN1.SGM 14MYN1

Agencies

[Federal Register Volume 89, Number 94 (Tuesday, May 14, 2024)]
[Notices]
[Pages 41939-41941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10512]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-971]


Multilayered Wood Flooring From the People's Republic of China: 
Final Results of Countervailing Duty Administrative Review; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) continues to 
determine that the mandatory respondents, Riverside Plywood Corporation 
(Riverside) and Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. 
(Jiangsu Senmao), and 12 other producers and/or exporters of 
multilayered wood flooring (wood flooring) from the People's Republic 
of China (China), received countervailable subsidies during the period 
of review (POR) January 1, 2021, through December 31, 2021.

DATES: Applicable May 14, 2024.

FOR FURTHER INFORMATION CONTACT: Craig Matney or Jonathan Schueler, 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) 482-2429 or (202) 
482-9175, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this administrative 
review in the Federal Register on December 28, 2023, and invited 
interested parties to comment.\1\ On February 8, 2024, we received case 
briefs from the following interested parties: Riverside,\2\ Jiangsu 
Senmao, the Government of the People's Republic of China (GOC), and the 
American Manufacturers of Multilayered Wood Flooring (AMMWF).\3\ In 
addition, Commerce received a letter from Anhui Longhua Bamboo Product 
Co., Ltd.; Benxi Flooring Factory (General Partnership); Benxi Wood 
Company; Dalian Jiahong Wood Industry Co., Ltd.; Dalian Shengyu Science 
and Technology Development Co., Ltd.; Dongtai Fuan Universal Dynamics, 
LLC; HaiLin LinJing Wooden Products Co., Ltd.; Jiangsu Mingle Flooring 
Co., Ltd.; Jiangsu Simba Flooring Co., Ltd.; Jiangsu Yuhui 
International Trade Co., Ltd.; Jiashan On-Line Lumber Co., Ltd.; 
Kingman Wood Industry Co., Ltd.; Pinge Timber Manufacturing (Zhejiang) 
Co., Ltd.; Suzhou Dongda Wood Co., Ltd.; Tongxiang Jisheng Import and 
Export Co., Ltd.; Yihua Lifestyle Technology Co., Ltd.; Zhejiang Shiyou 
Timber Co., Ltd.; and Lumber Liquidators Services, LLC (collectively, 
CH Respondents) supporting arguments made by the mandatory respondents 
and the GOC.\4\ On February 20, 2024, AMMWF, Riverside, and Jiangsu 
Senmao submitted timely rebuttal briefs.\5\ Also on February 20, 2024, 
Commerce received a letter from the CH Respondents supporting the 
arguments presented in the rebuttal briefs by the GOC and the mandatory 
respondents.\6\
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    \1\ See Multilayered Wood Flooring from the People's Republic of 
China: Preliminary Results and Partial Rescission of Countervailing 
Duty Administrative Review; 2021, 88 FR 89664 (December 28, 2023) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ We previously determined Baroque Timber (Zhongshan) 
Industries, Suzhou Times Flooring Co., Ltd., and Zhongshan Lianjia 
Flooring Co., Ltd. to be cross-owned affiliates of Riverside. See, 
e.g., Multilayered Wood Flooring from the People's Republic of 
China: Final Results of Countervailing Duty Administrative Review; 
2020, 88 FR 34828 (May 31, 2023).
    \3\ See AMMWF's Letter, ``Case Brief,'' dated February 8, 2024; 
see also GOC's Letter, ``GOC Case Brief,'' dated February 8, 2024; 
Riverside's Letter, ``Administrative Case Brief,'' dated February 8, 
2024; and Jiangsu Senmao's Letter, ``Case Brief on behalf of Jiangsu 
Senmao Bamboo and Wood Industry Co., Ltd.,'' dated February 8, 2024.
    \4\ See CH Respondents' Letter, ``Letter in Lieu of Case 
Brief,'' dated February 8, 2024.
    \5\ See AMMWF's Letter, ``Rebuttal Brief,'' dated February 20, 
2024; see also Riverside's Letter, ``Rebuttal Brief,'' dated 
February 20, 2024; and Jiangsu Senmao's Letter, ``Rebuttal Brief,'' 
dated February 20, 2024.
    \6\ See CH Respondents' Letter, ``Letter in Lieu of Rebuttal 
Brief,'' dated February 20, 2024.
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Scope of the Order

    The product covered by the Order \7\ is multilayered wood flooring 
from China. For a complete description of the scope of the Order, see 
the Issues and Decision Memorandum.\8\
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    \7\ See Multilayered Wood Flooring from the People's Republic of 
China: Countervailing Duty Order, 76 FR 76693 (December 8, 2011); 
see also Multilayered Wood Flooring from the People's Republic of 
China: Amended Antidumping and Countervailing Duty Orders, 77 FR 
5484 (February 3, 2012); and Multilayered Wood Flooring from the 
People's Republic of China: Final Clarification of the Scope of the 
Antidumping and Countervailing Duty Orders, 82 FR 27799 (June 19, 
2017) (collectively, Order).
    \8\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Countervailing Duty Administrative Review of Multilayered 
Wood Flooring from the People's Republic of China; 2021,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the parties' briefs are addressed in the 
Issues and Decision Memorandum. A list of the issues addressed is 
attached to this notice at Appendix I. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the case and rebuttal briefs and the 
evidence on the record, we made certain changes from the Preliminary 
Results, and we revised the net countervailable subsidy rates for 
Riverside and Jiangsu Senmao. These changes are explained in the Issues 
and Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we find that there is a 
subsidy, i.e., a government-provided financial contribution that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\9\ The Issues and Decision Memorandum contains a full 
description of the methodology underlying Commerce's conclusions, 
including any determination that relied upon the use of adverse facts 
available pursuant to sections 776(a) and (b) of the Act.
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    \9\ 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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Rate for Non-Selected Companies Under Review

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(e)(2) of the Act. 
However, Commerce normally determines the rates for non-selected 
companies in reviews in a manner that is consistent with section 
705(c)(5) of the Act, which provides the basis for calculating the all-
others rate in an investigation. Section 705(c)(5)(A)(i) of the Act 
instructs Commerce, as a general

[[Page 41940]]

rule, to calculate the all-others rate equal to the weighted average of 
the countervailable subsidy rates established for exporters and 
producers individually investigated, excluding any zero or de minimis 
countervailable subsidy rates, and any rates determined entirely on the 
basis of facts available.
    There are 12 companies for which a review was requested and not 
rescinded, and which were not selected as mandatory respondents or 
found to be cross-owned with a mandatory respondent. Because the rates 
calculated for the participating mandatory respondents in this review, 
Riverside and Jiangsu Senmao, were above de minimis and not entirely 
based on facts available, we calculated a rate for these 12 non-
selected companies by weight-averaging the calculated subsidy rates of 
Riverside and Jiangsu Senmao using their publicly ranged sales data for 
exports of subject merchandise to the United States during the POR.\10\
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    \10\ See Memorandum, ``Calculation of the Non-Selected Rate for 
the Final Results,'' dated concurrently with this notice.
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    This is the same methodology Commerce applied in the Preliminary 
Results for determining a rate for companies not selected for 
individual examination. However, due to changes in the calculations for 
Riverside and Jiangsu Senmao, we revised the non-selected rate 
accordingly. Consequently, for the 12 non-selected companies for which 
a review was requested and not rescinded, we are applying an ad valorem 
subsidy rate of 21.97 percent.

Final Results of Administrative Review

    We determine the countervailable subsidy rates for the mandatory 
and non-selected respondents under review for the period of January 1, 
2021, through December 31, 2021, are as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                       (percent ad
                                                             valorem)
------------------------------------------------------------------------
Riverside Plywood Corporation and Its Cross-Owned                  30.85
 Affiliate\11\..........................................
Jiangsu Senmao Bamboo and Wood Industry Co., Ltd........            5.39
Non-Selected Companies Under Review\12\.................           21.97
------------------------------------------------------------------------

Disclosure
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    \11\ Cross-owned affiliates are Baroque Timber (Zhongshan) 
Industries, Suzhou Times Flooring Co., Ltd., and Zhongshan Lianjia 
Flooring Co., Ltd.
    \12\ See Appendix II.
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    Commerce intends to disclose the calculations and analysis 
performed for these final results of review within five days of the 
date of publication of this notice in the Federal Register, in 
accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S. 
Customs and Border Protection (CBP) shall assess, countervailing duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review, for the above-listed companies at the 
applicable ad valorem assessment rates listed. We intend to issue 
assessment instructions to CBP 35 days after the date of publication of 
these final results of review. If a timely summons is filed at the U.S. 
Court of International Trade, the assessment instructions will direct 
CBP not to liquidate relevant entries until the time for parties to 
file a request for a statutory injunction has expired (i.e., within 90 
days of publication).

Cash Deposit Instructions

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown for each of the respective 
companies listed above on shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this administrative review. For all 
non-reviewed firms subject to the Order, we will instruct CBP to 
continue to collect cash deposits of estimated countervailing duties at 
the most recent company-specific or all-others rate applicable to the 
company, as appropriate. These cash deposit requirements, effective 
upon publication of these final results, shall remain in effect until 
further notice.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(5).

    Dated: May 7, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Final Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Period of Review
VI. Subsidies Valuation Information
VII. Changes Since the Preliminary Results
VIII. Use of Facts Otherwise Available
IX. Analysis of Programs
X. Discussion of the Issues
    Comment 1: Whether to Apply Adverse Facts Available (AFA) to the 
Export Buyer's Credit Program
    Comment 2: Whether to Apply AFA Regarding the Countervailability 
of the Provision of Electricity for Less Than Adequate Remuneration 
(LTAR)
    Comment 3: Whether to Apply AFA to Specificity Regarding the 
Countervailability of the Provision of Inputs for LTAR
    Comment 4: Whether Individually-Owned Suppliers Are Government 
Authorities
    Comment 5: Whether Commerce Should Exclude Certain International 
Tropical Timber Organization (ITTO) Data or Weight These Data 
Differently for the Wood Input Benchmarks
    A. Whether to Exclude Certain ITTO Data
    B. Whether Commerce Should Rely Only on the Tropical Timber 
Market Report (TTMR) Grade-Specific Prices to Value Plywood
    C. Whether to Weight the ITTO's TTMR and Biennial Review 
Statistics (BRS) Data Using Country-Specific Averages

[[Page 41941]]

    D. Whether to Include Domestic Brazilian Pricing Data in Tier 
Two World Market Benchmark Prices
    Comment 6: Whether to Revise the Veneer for LTAR Benchmark
    A. Whether to Include Harmonized System (HS) Subheading 4408.31
    B. Whether to Exclude HS Subheadings 4407.10 and 4407.11
    C. Whether to Exclude Certain Allegedly Aberrational Data from 
Singapore
    Comment 7: Whether to Revise the Plywood for LTAR Benchmark
    Comment 8: Whether to Rely on Certain Ocean Freight Benchmark 
Data Used to Calculate the Ocean Freight Benchmarks
    Comment 9: Whether Loans from Non-Chinese Owned Banks Are 
Countervailable
    Comment 10: Whether Commerce Made Ministerial Errors in the 
Subsidy Rate Calculations Pertaining to Various Provision of Inputs 
for LTAR Programs
XI. Recommendation

Appendix II--Non-Selected Companies Under Review

1. Dalian Penghong Floor Products Co., Ltd.
2. Dalian Shumaike Floor Manufacturing Co., Ltd.
3. Fine Furniture (Shanghai) Limited \13\
---------------------------------------------------------------------------

    \13\ Commerce previously found Great Wood (Tonghua) Ltd. and 
Fine Furniture Plantation (Shishou) Ltd. to be cross-owned with Fine 
Furniture (Shanghai) Limited. See Multilayered Wood Flooring from 
the People's Republic of China: Final Affirmative Countervailing 
Duty Determination,76 FR 64313 (October 18, 2011).
---------------------------------------------------------------------------

4. Fusong Jinlong Wooden Group Co., Ltd.
5. Fusong Qianqiu Wooden Product Co., Ltd.
6. Huzhou Fulinmen Imp. & Exp. Co., Ltd.
7. Huzhou Jesonwood Co., Ltd.
8. Jiangsu Guyu International Trading Co., Ltd.
9. Jiashan HuiJiaLe Decoration Material Co., Ltd.
10. Metropolitan Hardwood Floors, Inc.
11. Pinge Timber Manufacturing (Zhejiang) Co., Ltd.
12. Zhejiang Fuerjia Wooden Co., Ltd.
[FR Doc. 2024-10512 Filed 5-13-24; 8:45 am]
BILLING CODE 3510-DS-P
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