[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Notices]
[Pages 65628-65630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27675]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Multilayered Wood Flooring From the People's Republic of China; 
Preliminary Results of Antidumping Duty New Shipper Review; 2014-2015

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Muyun Wood Co., Ltd., (Muyun) has not made sales of subject 
merchandise at less than normal value. Interested parties are invited 
to comment on these preliminary results of review.

DATES: Applicable December 21, 2018.

FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
3147.

SUPPLEMENTARY INFORMATION: 

Scope of the Order

    The merchandise covered by the order includes multilayered wood 
flooring (MLWF), subject to certain exceptions.\1\ The subject 
merchandise is currently classifiable under Harmonized Tariff Schedule 
of the United States (HTSUS) subheadings: 4412.31.0520; 4412.31.0540; 
4412.31.0560; 4412.31.2510; 4412.31.2520; 4412.31.4040; 4412.31.4050; 
4412.31.4060; 4412.31.4070; 4412.31.4075; 4412.31.4080; 4412.31.5125; 
4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.6000; 4412.31.9100; 
4412.32.0520; 4412.32.0540; 4412.32.0560; 4412.32.0565; 4412.32.0570; 
4412.32.2510; 4412.32.2520; 4412.32.2525; 4412.32.2530; 4412.32.3125; 
4412.32.3135; 4412.32.3155; 4412.32.3165; 4412.32.3175; 4412.32.3185; 
4412.32.5600; 4412.39.1000; 4412.39.3000; 4412.39.4011; 4412.39.4012; 
4412.39.4019; 4412.39.4031; 4412.39.4032; 4412.39.4039; 4412.39.4051; 
4412.39.4052; 4412.39.4059; 4412.39.4061; 4412.39.4062; 4412.39.4069; 
4412.39.5010; 4412.39.5030; 4412.39.5050; 4412.94.1030; 4412.94.1050; 
4412.94.3105; 4412.94.3111; 4412.94.3121; 4412.94.3131; 4412.94.3141; 
4412.94.3160; 4412.94.3171; 4412.94.4100; 4412.94.5100; 4412.94.6000; 
4412.94.7000; 4412.94.8000; 4412.94.9000; 4412.94.9500; 4412.99.0600; 
4412.99.1020; 4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120; 
4412.99.3130; 4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170; 
4412.99.4100; 4412.99.5100; 4412.99.5105; 4412.99.5115; 4412.99.5710; 
4412.99.6000; 4412.99.7000; 4412.99.8000; 4412.99.9000; 4412.99.9500; 
4418.71.2000; 4418.71.9000; 4418.72.2000; 4418.72.9500; and 
9801.00.2500.
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    \1\ See Memorandum from Commerce, re: '' Decision Memorandum for 
Preliminary Results of Huzhou Muyun Wood Co., Ltd. Antidumping Duty 
New Shipper Review, 2014-2015: Multilayered Wood Flooring from the 
People's Republic of China,'' dated concurrently (Preliminary 
Decision Memorandum) for a full description of the Scope of the 
Order.
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    The HTSUS subheadings are provided for convenience and customs 
purposes only; the written description of the scope of the order is 
dispositive.

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and 751(a)(2)(B) of the Tariff Act of 1930, as amended 
(the Act) and 19 CFR 351.214. Commerce calculated export prices in 
accordance with section 772 of the Act. Because the People's Republic 
of China (China) is a nonmarket economy country (NME) within the 
meaning of section 771(18) of the Act, Commerce calculated normal value 
in accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, dated 
concurrently with these results and hereby adopted by this notice. 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 http://access.trade.gov and 
in the

[[Page 65629]]

Central Records Unit, Room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of New Shipper Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period of review (POR) December 
1, 2014, through May 31, 2015:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
            Exporter                    Producer              margin
                                                            (percent)
------------------------------------------------------------------------
Huzhou Muyun Wood Co., Ltd.....  Huzhou Muyun Wood Co.,            0.00
                                  Ltd.
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of these preliminary results of review.\2\ 
Rebuttals to case briefs may be filed no later than five days after the 
time limit for filing case briefs.\3\ A table of contents, list of 
authorities used, and an executive summary of issues should accompany 
any briefs submitted to Commerce. This summary should be limited to 
five pages total, including footnotes.
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    \2\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general 
filing requirements).
    \3\ See 19 CFR 351.309(d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\4\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.\5\
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    \4\ See 19 CFR 351.310(c).
    \5\ See 19 CFR 351.310(d).
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    Commerce intends to issue the final results of this new shipper 
review, which will include the results of its analysis of issues raised 
in any such comments, within 90 days of publication of these 
preliminary results, pursuant to section 751(a)(2)(B)(iv) of the Act.

Assessment Rates

    Upon issuing the final results of this new shipper review, Commerce 
shall determine, and U.S. Customs and Border Protection (CBP) shall 
assess, antidumping duties on all appropriate entries. Commerce intends 
to issue assessment instructions to CBP 15 days after the date of 
publication of the final results of this new shipper review. If the 
individually examined respondent's weighted-average dumping margin is 
above de minimis, we will calculate importer-specific ad valorem duty 
assessment rates based on the ratio of the total amount of dumping 
calculated for the importer's examined sales to the total entered value 
of those same sales in accordance with 19 CFR 351.212(b)(1).\6\
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    \6\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
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    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this new shipper review when the 
importer-specific assessment rate calculated in the final results of 
this review is above de minimis. Where either the respondent's 
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
Commerce announced a refinement to its assessment practice in NME 
cases. Pursuant to this refinement in practice, for entries that were 
not reported in the U.S. sales databases submitted by Muyun for this 
new shipper review, Commerce will instruct CBP to liquidate such 
entries at the China-wide rate. In addition, if Commerce determines 
that the exporter under review had no shipments of the subject 
merchandise, any suspended entries that entered under that exporter's 
case number (i.e., at that exporter's rate) will be liquidated at the 
China-wide rate.\7\
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    \7\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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    The final results of this new shipper review shall be the basis for 
the assessment of antidumping duties on entries of merchandise covered 
by the final results of this review and for future deposits of 
estimated duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this new shipper review for 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For the companies 
listed above that have a separate rate, the cash deposit rate will be 
that rate established in the final results of this new shipper review 
(except, if the rate is zero or de minimis, then a zero cash deposit 
will be required); (2) for previously investigated or reviewed China 
and non-China exporters not listed above that received a separate rate 
in a prior segment of this proceeding, the cash deposit rate will 
continue to be the existing producer/exporter-specific combination 
rate; (3) for all China exporters of subject merchandise that have not 
been found to be entitled to a separate rate, the cash deposit rate 
will be that for the China-wide entity, or 58.84 percent; and (4) for 
all non-China exporters of subject merchandise which have not received 
their own rate, the cash deposit rate will be the rate applicable to 
the PRC producer/exporter combination that supplied that non-China 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

[[Page 65630]]

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act and 19 CFR 351.214.

    Dated: December 14, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, 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

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Bona Fide Sale Analysis
6. Non-Market Economy Country Status
7. Separate Rate
8. Absence of De Jure Control
9. Absence of De Facto Control
10. Surrogate Country
11. Economic Comparability
12. Significant Producer of Comparable Merchandise
13. Data Availability
14. Date of Sale
15. Fair Value Comparisons
16. Differential Pricing Analysis
17. Results of the Differential Pricing Analysis
18. U.S. Price
19. Value Added Tax
20. Normal Value
21. Factor Valuations
22. Currency Conversion
23. Section 777A(f) of the Act

[FR Doc. 2018-27675 Filed 12-20-18; 8:45 am]
 BILLING CODE 3510-DS-P