Multilayered Wood Flooring From the People's Republic of China: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2022, 13142-13145 [2025-04708]
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Federal Register / Vol. 90, No. 53 / Thursday, March 20, 2025 / Notices
service list segment for the order in
ACCESS within 30 days after the date of
publication of the order. For ease of
administration, Commerce requests that
law firms with more than one attorney
representing interested parties in an
order designate a lead attorney to be
included on the annual inquiry service
list. Commerce will finalize the annual
inquiry service list within five business
days thereafter. As mentioned in the
Procedural Guidance, the new annual
inquiry service list will be in place until
the following year, when the
Opportunity Notice for the anniversary
month of the order is published.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website at https://
access.trade.gov.
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Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 15
Accordingly, as stated above, the
petitioners and foreign governments
should submit their initial entry of
appearance after publication of this
notice in order to appear in the first
annual inquiry service list for those
orders for which they qualify as an
interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioners and
foreign governments will not need to
resubmit their entry of appearance each
year to continue to be included on the
annual inquiry service list. However,
the petitioners and foreign governments
are responsible for making amendments
to their entries of appearance during the
annual update to the annual inquiry
service list in accordance with the
procedures described above.
Notification to Interested Parties
This notice constitutes the AD orders
with respect to paper plates from China,
Thailand, and Vietnam pursuant to
section 736(a) of the Act. Interested
parties can find a list of AD orders
currently in effect at https://
www.trade.gov/data-visualization/
adcvd-proceedings.
15 See
Final Rule, 86 FR at 52335.
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These AD orders are published in
accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: March 14, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise subject to these orders is
certain paper plates. Paper plates subject to
these orders may be cut from rolls, sheets, or
other pieces of paper and/or paper board.
Paper plates subject to these orders have a
depth up to and including two (2.0) inches,
as measured vertically from the base to the
top of the lip, or the edge if the plate has no
lip. Paper plates subject to these orders may
be uncolored, white, colored, or printed.
Printed paper plates subject to these orders
may have any type of surface finish, and may
be printed by any means with images, text
and/or colors on one or both surfaces.
Colored paper plates subject to these orders
may be colored by any method, including but
not limited to printing, beater-dyeing, and
dip-dyeing. Paper plates covered by these
orders may be produced from paper of any
type (including, but not limited to, bamboo,
straws, bagasse, hemp, kenaf, jute, sisal,
abaca, cotton inters and reeds, or from nonplant sources, such as synthetic resin
(petroleum)-based resins), may have any
caliper or basis weight, may have any shape
or size, may have one or more than one
section, may be embossed, may have foil or
other substances adhered to their surface,
and/or may be uncoated or coated with any
type of coating.
The paper plates covered by these orders
remain covered by the scope of these orders
whether imported alone, or in any
combination of subject and non-subject
merchandise. When paper plates covered by
these orders are imported in combination
with non-subject merchandise, only the
paper plates covered by these orders are
subject merchandise.
The paper plates covered by these orders
include paper plates matching the above
description that have been finished,
packaged, or otherwise processed in a third
country by performing finishing, packaging,
or processing that would not otherwise
remove the merchandise from the scope of
the investigation if performed in the country
of manufacture of the paper plates. Examples
of finishing, packaging, or other processing in
a third country that would not otherwise
remove the merchandise from the scope of
the investigation if performed in the country
of manufacture of the paper plates include,
but are not limited to, printing, application
of other surface treatments such as coatings,
repackaging, embossing, and application of
foil surface treatments.
Excluded from the scope of these orders
are paper plates molded or pressed directly
from paper pulp (including but not limited
to unfelted pulp), which are currently
classifiable under subheading 4823.70.0020
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of the Harmonized Tariff Schedule of the
United States (HTSUS).
Also excluded from the scope of these
orders are articles that otherwise would be
covered but which exhibit the following two
physical characteristics: (a) depth (measured
vertically from the base to the top of the lip,
or edge if no lip) equal to or greater than 1.25
inches but less than two (2.0) inches, and (b)
a base not exceeding five (5.0) inches in
diameter if round, or not exceeding 20 square
inches in area if any other shape.
Also excluded from the scope of these
orders are paper bowls, paper buckets, and
paper food containers with closeable lids.
Paper plates covered by these orders are
currently classifiable under HTSUS
subheading 4823.69.0040. Paper plates
covered by these orders also may be
classified under HTSUS subheading
4823.61.0040. If packaged with other articles,
the paper plates covered by these orders also
may be classified under HTSUS subheadings
9505.90.4000 and 9505.90.6000. While the
HTSUS subheading(s) are provided for
convenience and customs purposes, the
written description of the subject
merchandise is dispositive.
[FR Doc. 2025–04764 Filed 3–19–25; 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 and Partial
Rescission of Countervailing Duty
Administrative Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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,
2022, through December 31, 2022.
Interested parties are invited to
comment on these preliminary results of
review.
AGENCY:
DATES:
Applicable March 20, 2025.
FOR FURTHER INFORMATION CONTACT:
Jonathan Schueler or Laurel Smalley,
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) 482–9175 or
(202) 482–1955, respectively.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 90, No. 53 / Thursday, March 20, 2025 / Notices
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Background
On December 8, 2011, Commerce
issued a countervailing duty order on
wood flooring from China.1 The
American Manufacturers of
Multilayered Wood Flooring (the
petitioner) and other interested parties
requested that Commerce conduct an
administrative review of the Order. On
February 8, 2024, Commerce published
in the Federal Register a notice of
initiation of an administrative review of
the Order.2 We initiated an
administrative review with respect to 14
producers/exporters of wood flooring
from China for the POR.
On July 22, 2024, Commerce tolled
certain deadlines in this administrative
proceeding by seven days.3 On August
2, 2024, Commerce postponed the
preliminary results of this review until
December 13, 2024, in accordance with
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(2).4 Additionally, on
December 9, 2024, Commerce tolled the
deadline to issue the preliminary results
in this administrative review by 90
days.5 The deadline for issuing these
preliminary results is now March 13,
2025.
For events that occurred since the
Initiation Notice, see the Preliminary
Decision Memorandum.6 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
at https://access.trade.gov/public/
FRNoticesListLayout.aspx. A list of
1 See Multilayered Wood Flooring from the
People’s Republic of China: Countervailing Duty
Order, 76 FR 76693 (December 8, 2011); and
Multilayered Wood Flooring from the People’s
Republic of China: Amended Antidumping and
Countervailing Duty Orders, 77 FR 5484 (February
3, 2012), wherein the scope of the order was
modified (collectively, Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 89 FR
8641 (February 8, 2024) (Initiation Notice).
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated August 2, 2024.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated December 9, 2024.
6 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;
2022,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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topics discussed in the Preliminary
Decision Memorandum is included as
Appendix I to this notice.
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.
Final Rescission of Review, In Part
On April 9, 2024, Commerce notified
interested parties that we intended to
rescind this administrative review with
respect to the nine companies listed in
Appendix II, in the absence of
suspended entries during the POR.7 No
party commented on our Intent to
Rescind Memorandum. Therefore, we
find that there are no reviewable entries
of subject merchandise by the
companies listed in Appendix II based
on our review of the CBP data on the
record. As a result, we are rescinding
this review, in part, with respect to the
nine companies listed in Appendix II,
pursuant to 19 CFR 351.213(d)(3) and
(4).
In addition, the following parties
submitted no-shipment certifications:
Benxi Flooring Factory (General
Partnership); Dongtai Fuan Universal
Dynamics, LLC; HaiLin LinJing Wooden
Products Co., Ltd.; Jiashan On-Line
Lumber Co., Ltd.; Pinge Timber
Manufacturing (Zhejiang) Co., Ltd.
(Pinge Timber); Suzhou Dongda Wood
Co., Ltd.; Zhejiang Shiyou Timber Co.,
Ltd. All of these companies were
included in the Intent to Rescind
Memorandum, with the exception of
Pinge Timber.8 We did not initiate a
review with respect to Pinge Timber,
thus it is not subject to this review.
Therefore, as explained above, we are
rescinding the review with regard to all
these companies, with the exception of
Pinge Timber because it is not 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 to be 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.9 For a full description of the
7 See Memorandum, ‘‘Notice of Intent to Rescind
Review, In Part,’’ dated April 9, 2024 (Intent to
Rescind Memorandum).
8 See Intent to Rescind Memorandum.
9 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
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13143
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.
Rate for Non-Selected Companies
Under Review
As discussed above, Commerce
initiated this administrative review with
respect to 14 producers/exporters. We
are rescinding the review for nine
companies listed in Appendix II that
had no suspended entries during the
POR. As discussed above, this group
includes six companies that certified no
shipments during the POR. In addition,
Commerce selected three mandatory
respondents, Riverside Plywood Corp.
(Riverside Plywood), Tongxiang Jisheng
Import and Export Co., Ltd., (Tongxiang
Jisheng) and Huzhou Fulinmen Imp. &
Exp. Co., Ltd. (Huzhou Fulinmen) for
individual examination.10 For the
remaining two companies subject to this
review, but not selected for individual
examination (i.e., Benxi Wood Company
and Dalian Jaenmaken Wood Industry
Co., Ltd.), because only the rate
calculated for mandatory respondent
Riverside Plywood is above de minimis
and not based entirely on facts
available, we assigned the subsidy rate
calculated for Riverside Plywood to
Benxi Wood Company and Dalian
Jaenmaken Wood Industry Co., Ltd. For
further information on the calculation of
the non-selected respondent rate, see
Preliminary Decision Memorandum at
section entitled ‘‘Non-Selected
Companies Under Review.’’
Rate for Non-Responsive Companies
As noted above, Huzhou Fulinmen,
and Tongxiang Jisheng were selected as
mandatory respondents in this review,
however, neither company responded to
Commerce’s initial CVD questionnaires.
We find that by not responding to
Commerce’s requests for information,
these companies withheld requested
information and significantly impeded
this proceeding. Thus, in reaching our
preliminary results, pursuant to sections
776(a)(2)(A) and (C) of the Act, we are
basing the CVD subsidy rates for these
non-responsive companies on facts
otherwise available.
Further, we preliminarily determine
that an adverse inference is warranted,
pursuant to section 776(b) of the Act. By
failing to submit responses to
Commerce’s initial CVD questionnaire,
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
10 See Memoranda, ‘‘Respondent Selection,’’
dated March 14, 2024, and ‘‘Selection of Additional
Mandatory Respondent,’’ dated April 16, 2024.
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Federal Register / Vol. 90, No. 53 / Thursday, March 20, 2025 / Notices
these two non-responsive companies
did not cooperate to the best of their
ability in this review. Accordingly, we
preliminarily find that an adverse
inference is warranted to ensure that the
non-responsive companies will not
obtain a more favorable result than if
they had fully complied with
Commerce’s request for information. For
more information on the application of
adverse facts available to these two nonresponsive companies, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Preliminary Results of the Review
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily find
the following net countervailable
subsidy rates exist:
Subsidy rate
(percent
ad valorem)
Producer/exporter
Riverside Plywood Corp. and its
Cross-Owned Affiliates 11 ................
Huzhou Fulinmen Imp. & Exp. Co.,
Ltd ....................................................
Tongxiang Jisheng Import and Export
Co., Ltd ............................................
Benxi Wood Company ........................
Dalian Jaenmaken Wood Industry
Co., Ltd ............................................
11.17
* 430.38
* 430.38
11.17
11.17
* Rate based entirely on facts available with adverse inferences.
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Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after the date of publication of this
notice.12 Case briefs or other written
comments may be submitted to the
Assistant Secretary for Enforcement and
Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the
deadline for interested parties to submit
case briefs to Commerce to no later than
21 days after the date of the publication
of this notice.13 Rebuttal briefs, limited
to issues raised in the case briefs, may
be filed not later than five days after the
date for filing case briefs.14 Interested
parties who submit case briefs or
rebuttal briefs in this proceeding must
submit: (1) a table of contents listing
each issue; and (2) a table of
authorities.15
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
11 Cross-owned affiliates are: Baroque Timber
Industries (Zhongshan) Co., Ltd.; Suzhou Times
Flooring Co., Ltd.; and Zhongshan Lianjia Flooring
Co., Ltd.
12 See 19 CFR 351.224(b).
13 See 19 CFR 351.309.
14 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
15 See 19 CFR 351.309(c)(2) and (d)(2).
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proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.16 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the issues and
decision memorandum that will
accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).17
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. 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
the date and time of the hearing two
days before the scheduled date. Parties
are reminded that all briefs and hearing
requests must be filed electronically
using ACCESS 18 and must be served on
interested parties.19 Electronically filed
documents must be received
successfully in their entirety by 5:00
p.m. Eastern Time within 30 days after
the date of publication of this notice.
Final Results
Unless the deadline is 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).
16 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
17 See APO and Service Final Rule.
18 See 19 CFR 351.303.
19 See 19 CFR 351.303(f).
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Assessment Rates
In accordance with 19 CFR
351.221(b)(4)(i), we are preliminarily
assigning subsidy rates in the amounts
shown above for the producer/exporters
subject to review. 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, 2022, through
December 31, 2022, 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 preliminary
results of this review in the Federal
Register.
For the companies for which this
review is not rescinded, 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 III 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).
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Federal Register / Vol. 90, No. 53 / Thursday, March 20, 2025 / Notices
Dated: March 13, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
meeting/register/
17otFWatTzuT8v17NZ_xWQ.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
DEPARTMENT OF COMMERCE
Appendix I
FOR FURTHER INFORMATION CONTACT:
Cate
O’Keefe, Executive Director, New
England Fishery Management Council;
telephone: (978) 465–0492.
Pacific Island Fisheries; Western
Pacific Stock Assessment Review;
Public Meeting
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 Benchmarks,
and Electricity Benchmarks
IX. Analysis of Programs
X. Recommendation
Appendix II
Companies for Which Commerce Is
Rescinding the Review
1. Benxi Flooring Factory (General
Partnership)
2. Dongtai Fuan Universal Dynamics, LLC
3. HaiLin LinJing Wooden Products Co., Ltd.
4. Hunchun Xingjia Wooden Flooring Inc.
5. Jiangsu Mingle Flooring Co., Ltd.
6. Jiashan On-Line Lumber Co., Ltd.
7. Suzhou Dongda Wood Co., Ltd.
8. Zhejiang Longsen Lumbering Co., Ltd.
9. Zhejiang Shiyou Timber Co., Ltd.
[FR Doc. 2025–04708 Filed 3–19–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE791]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
holding a public meeting of its
Scientific and Statistical Committee
(SSC) via webinar to consider actions
affecting New England fisheries in the
exclusive economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This meeting will be held on
Monday, April 9, 2025, beginning at 9
a.m.
ADDRESSES: Webinar Registration
information: https://nefmc-org.zoom.us/
SUMMARY:
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SUPPLEMENTARY INFORMATION:
Agenda
The SSC will meet to receive a
presentation on the 2025 State of the
Ecosystem Report (SOE) for New
England by the Northeast Fisheries
Science Center (NEFSC); make
recommendations for improvements to
future reports and discuss strategies for
making these reports actionable by the
SSC and Council. They will potentially
receive an update on and discuss other
NEFSC products. Recommend a new
SSC Chair and Vice-Chair. Other
business will be discussed as necessary.
Although non-emergency issues not
contained on the agenda may come
before this Council for discussion, those
issues may not be the subject of formal
action during this meeting. Council
action will be restricted to those issues
specifically listed in this notice and any
issues arising after publication of this
notice that require emergency action
under section 305(c) of the MagnusonStevens Act, provided the public has
been notified of the Council’s intent to
take final action to address the
emergency. The public also should be
aware that the meeting will be recorded.
Consistent with 16 U.S.C. 1852, a copy
of the recording is available upon
request.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Cate
O’Keefe, Executive Director, at (978)
465–0492, at least 5 days prior to the
meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 17, 2025.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2025–04789 Filed 3–19–25; 8:45 am]
BILLING CODE 3510–22–P
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National Oceanic and Atmospheric
Administration
[RTID 0648–XE790]
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Western Pacific Fishery
Management Council (Council) and
NMFS will convene a Western Pacific
Stock Assessment Review (WPSAR) of a
stock assessment update for the
multispecies bottomfish complex in the
Commonwealth of the Northern Mariana
Islands (CNMI). The review will be
conducted virtually. A satellite location
will be made available for the public to
view the review process and Council
staff will be available in-person to
answer questions. See ADDRESSES for the
web address to access the meeting and
the location of the satellite viewing site.
DATES: The WPSAR meeting will be
held between April 2 and April 3, 2025
(April 3 and 4, Chamorro Standard). See
SUPPLEMENTARY INFORMATION for meeting
dates and times and the daily agenda.
ADDRESSES: The meeting will be held by
web conference via WebEx. Audio and
visual portions for all of the web
conferences can be accessed at: https://
www.wpcouncil.org. Web conference
access information and instructions for
providing public comments will be
posted on the Council website at
www.wpcouncil.org. For assistance with
the web conference connection, contact
the Council office at (808) 552–8220.
The satellite viewing site for the
WPSAR review is located at the Council
office in the CNMI: Kopa Di Oru St.,
1182 BRI Bldg., Suite 205, Garapan,
Saipan MP 96950.
FOR FURTHER INFORMATION CONTACT:
Kitty M. Simonds, Executive Director,
Western Pacific Fishery Management
Council; telephone: (808) 522–8220.
SUPPLEMENTARY INFORMATION: The
NMFS Pacific Islands Fisheries Science
Center (PIFSC) conducted a stock
assessment update for bottomfish
management unit species (BMUS) in the
U.S. jurisdiction of CNMI. PIFSC
previously conducted a 2019 benchmark
stock assessment for the CNMI
bottomfish stock complex using a
Bayesian surplus production model
based on data through 2017. The 2019
assessment incorporated improvements
SUMMARY:
E:\FR\FM\20MRN1.SGM
20MRN1
]]>Agencies
[Federal Register Volume 90, Number 53 (Thursday, March 20, 2025)]
[Notices]
[Pages 13142-13145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04708]
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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 and Partial Rescission of Countervailing Duty
Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2022, through December 31, 2022. Interested parties are
invited to comment on these preliminary results of review.
DATES: Applicable March 20, 2025.
FOR FURTHER INFORMATION CONTACT: Jonathan Schueler or Laurel Smalley,
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) 482-9175
or (202) 482-1955, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 13143]]
Background
On December 8, 2011, Commerce issued a countervailing duty order on
wood flooring from China.\1\ The American Manufacturers of Multilayered
Wood Flooring (the petitioner) and other interested parties requested
that Commerce conduct an administrative review of the Order. On
February 8, 2024, Commerce published in the Federal Register a notice
of initiation of an administrative review of the Order.\2\ We initiated
an administrative review with respect to 14 producers/exporters of wood
flooring from China for the POR.
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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);
and Multilayered Wood Flooring from the People's Republic of China:
Amended Antidumping and Countervailing Duty Orders, 77 FR 5484
(February 3, 2012), wherein the scope of the order was modified
(collectively, Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 8641 (February 8, 2024) (Initiation
Notice).
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On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\3\ On August 2, 2024, Commerce
postponed the preliminary results of this review until December 13,
2024, in accordance with section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(2).\4\ Additionally, on December 9, 2024, Commerce tolled
the deadline to issue the preliminary results in this administrative
review by 90 days.\5\ The deadline for issuing these preliminary
results is now March 13, 2025.
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\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated August
2, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
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For events that occurred since the Initiation Notice, see the
Preliminary Decision Memorandum.\6\ 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 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.
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\6\ 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;
2022,'' 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.
Final Rescission of Review, In Part
On April 9, 2024, Commerce notified interested parties that we
intended to rescind this administrative review with respect to the nine
companies listed in Appendix II, in the absence of suspended entries
during the POR.\7\ No party commented on our Intent to Rescind
Memorandum. Therefore, we find that there are no reviewable entries of
subject merchandise by the companies listed in Appendix II based on our
review of the CBP data on the record. As a result, we are rescinding
this review, in part, with respect to the nine companies listed in
Appendix II, pursuant to 19 CFR 351.213(d)(3) and (4).
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\7\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated April 9, 2024 (Intent to Rescind Memorandum).
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In addition, the following parties submitted no-shipment
certifications: Benxi Flooring Factory (General Partnership); Dongtai
Fuan Universal Dynamics, LLC; HaiLin LinJing Wooden Products Co., Ltd.;
Jiashan On-Line Lumber Co., Ltd.; Pinge Timber Manufacturing (Zhejiang)
Co., Ltd. (Pinge Timber); Suzhou Dongda Wood Co., Ltd.; Zhejiang Shiyou
Timber Co., Ltd. All of these companies were included in the Intent to
Rescind Memorandum, with the exception of Pinge Timber.\8\ We did not
initiate a review with respect to Pinge Timber, thus it is not subject
to this review. Therefore, as explained above, we are rescinding the
review with regard to all these companies, with the exception of Pinge
Timber because it is not under review.
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\8\ See Intent to Rescind Memorandum.
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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 to be 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.\9\ 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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\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
As discussed above, Commerce initiated this administrative review
with respect to 14 producers/exporters. We are rescinding the review
for nine companies listed in Appendix II that had no suspended entries
during the POR. As discussed above, this group includes six companies
that certified no shipments during the POR. In addition, Commerce
selected three mandatory respondents, Riverside Plywood Corp.
(Riverside Plywood), Tongxiang Jisheng Import and Export Co., Ltd.,
(Tongxiang Jisheng) and Huzhou Fulinmen Imp. & Exp. Co., Ltd. (Huzhou
Fulinmen) for individual examination.\10\ For the remaining two
companies subject to this review, but not selected for individual
examination (i.e., Benxi Wood Company and Dalian Jaenmaken Wood
Industry Co., Ltd.), because only the rate calculated for mandatory
respondent Riverside Plywood is above de minimis and not based entirely
on facts available, we assigned the subsidy rate calculated for
Riverside Plywood to Benxi Wood Company and Dalian Jaenmaken Wood
Industry Co., Ltd. For further information on the calculation of the
non-selected respondent rate, see Preliminary Decision Memorandum at
section entitled ``Non-Selected Companies Under Review.''
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\10\ See Memoranda, ``Respondent Selection,'' dated March 14,
2024, and ``Selection of Additional Mandatory Respondent,'' dated
April 16, 2024.
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Rate for Non-Responsive Companies
As noted above, Huzhou Fulinmen, and Tongxiang Jisheng were
selected as mandatory respondents in this review, however, neither
company responded to Commerce's initial CVD questionnaires. We find
that by not responding to Commerce's requests for information, these
companies withheld requested information and significantly impeded this
proceeding. Thus, in reaching our preliminary results, pursuant to
sections 776(a)(2)(A) and (C) of the Act, we are basing the CVD subsidy
rates for these non-responsive companies on facts otherwise available.
Further, we preliminarily determine that an adverse inference is
warranted, pursuant to section 776(b) of the Act. By failing to submit
responses to Commerce's initial CVD questionnaire,
[[Page 13144]]
these two non-responsive companies did not cooperate to the best of
their ability in this review. Accordingly, we preliminarily find that
an adverse inference is warranted to ensure that the non-responsive
companies will not obtain a more favorable result than if they had
fully complied with Commerce's request for information. For more
information on the application of adverse facts available to these two
non-responsive companies, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memorandum.
Preliminary Results of the Review
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily find
the following net countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
rate
Producer/exporter (percent ad
valorem)
------------------------------------------------------------------------
Riverside Plywood Corp. and its Cross-Owned Affiliates \11\ 11.17
Huzhou Fulinmen Imp. & Exp. Co., Ltd....................... * 430.38
Tongxiang Jisheng Import and Export Co., Ltd............... * 430.38
Benxi Wood Company......................................... 11.17
Dalian Jaenmaken Wood Industry Co., Ltd.................... 11.17
------------------------------------------------------------------------
* Rate based entirely on facts available with adverse inferences.
Disclosure and Public Comment
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\11\ 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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We intend to disclose the calculations performed to parties within
five days after the date of publication of this notice.\12\ Case briefs
or other written comments may be submitted to the Assistant Secretary
for Enforcement and Compliance. Pursuant to 19 CFR 351.309(c)(1)(ii),
we have modified the deadline for interested parties to submit case
briefs to Commerce to no later than 21 days after the date of the
publication of this notice.\13\ Rebuttal briefs, limited to issues
raised in the case briefs, may be filed not later than five days after
the date for filing case briefs.\14\ Interested parties who submit case
briefs or rebuttal briefs in this proceeding must submit: (1) a table
of contents listing each issue; and (2) a table of authorities.\15\
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\12\ See 19 CFR 351.224(b).
\13\ See 19 CFR 351.309.
\14\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\16\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. 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 the date and time of the hearing two
days before the scheduled date. Parties are reminded that all briefs
and hearing requests must be filed electronically using ACCESS \18\ and
must be served on interested parties.\19\ Electronically filed
documents must be received successfully in their entirety by 5:00 p.m.
Eastern Time within 30 days after the date of publication of this
notice.
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\18\ See 19 CFR 351.303.
\19\ See 19 CFR 351.303(f).
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Final Results
Unless the deadline is 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 are preliminarily
assigning subsidy rates in the amounts shown above for the producer/
exporters subject to review. 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, 2022, through December 31,
2022, 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 preliminary results of this review in the
Federal Register.
For the companies for which this review is not rescinded, 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 III 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).
[[Page 13145]]
Dated: March 13, 2025.
Christopher Abbott,
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
Benchmarks, and Electricity Benchmarks
IX. Analysis of Programs
X. Recommendation
Appendix II
Companies for Which Commerce Is Rescinding the Review
1. Benxi Flooring Factory (General Partnership)
2. Dongtai Fuan Universal Dynamics, LLC
3. HaiLin LinJing Wooden Products Co., Ltd.
4. Hunchun Xingjia Wooden Flooring Inc.
5. Jiangsu Mingle Flooring Co., Ltd.
6. Jiashan On-Line Lumber Co., Ltd.
7. Suzhou Dongda Wood Co., Ltd.
8. Zhejiang Longsen Lumbering Co., Ltd.
9. Zhejiang Shiyou Timber Co., Ltd.
[FR Doc. 2025-04708 Filed 3-19-25; 8:45 am]
BILLING CODE 3510-DS-P
