[Federal Register Volume 85, Number 233 (Thursday, December 3, 2020)]
[Notices]
[Pages 78118-78121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26330]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Multilayered Wood Flooring From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and New Shipper 
Review and Final Determination of No Shipments; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) determines that Dalian 
Qianqiu Wooden Product Co., Ltd., Fusong Jinlong Wooden Group Co., 
Ltd., Fusong Jinqiu Wooden Product Co., Ltd., and Fusong Qianqiu Wooden 
Products Co., Ltd. (collectively, Jinlong), Jiangsu Guyu International 
Trading Co., Ltd. (Guyu), and Muchsee Wood (Chuzhou) Co., Ltd. (Muchsee 
Wood) have not made sales of multilayered wood flooring (wood flooring) 
from the People's Republic of China (China) at prices below normal 
value during the period of review (POR) December 1, 2017 through 
November 30, 2018. In addition, Commerce determines that certain 
companies had no shipments during the POR.

DATES: Applicable December 3, 2020.

FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Alexis Cherry, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington DC 20230; telephone: 202-482-6478 and 202-482-
0607, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of the administrative 
review and new shipper review on February 6, 2020.\1\ For the events 
that occurred since Commerce published the Preliminary Results, see the 
Issues and Decision Memorandum.\2\ Commerce conducted these reviews in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).
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    \1\ See Multilayered Wood Flooring from the People's Republic of 
China: Preliminary Results of the Antidumping Duty Administrative 
Review and New Shipper Review, Preliminary Determination of No 
Shipments, and Rescission of Review, in Part; 2017-2018, 85 FR 6911 
(February 6, 2020), and accompanying preliminary decision memorandum 
(PDM), ``Decision Memorandum for the Preliminary Results of 
Antidumping Duty Administrative Review and New Shipper Review: 
Multilayered Wood Flooring from the People's Republic of China; 
2017-2018.''
    \2\ See Memorandum, ``Issues and Decision Memorandum: 
Antidumping Duty Administrative Review and New Shipper Review of 
Multilayered Wood Flooring from the People's Republic of China; 
2017-2018,'' dated concurrently with and hereby adopted by this 
notice (Issues and Decision Memorandum). No interested party 
submitted comments regarding the new shipper review; therefore, the 
Issues and Decision Memorandum pertains only to the administrative 
review.
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    Commerce tolled all deadlines in administrative reviews by 50 days, 
thereby extending the deadline for these final results until July 27, 
2020.\3\ On June 5, 2020, we extended the deadline for these final 
results to September 23, 2020.\4\ On July 21, 2020, Commerce tolled all 
deadlines in administrative reviews by an additional 60 days.\5\ 
Accordingly, the revised deadline for the final results of these 
reviews is now November 23, 2020.
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    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020. If 
the new deadline falls on a weekend or a Federal holiday, in 
accordance with our regulations, the deadline will be moved to the 
next business day. As the actual (tolled) deadline was Saturday, 
July 25, 2020, the next business day was Monday, July 27, 2020.
    \4\ See Memorandum, ``Multilayered Wood Flooring from the 
People's Republic of China: Extension of Deadline for Final Results 
of Antidumping Duty Administrative Review and New Shipper Review,'' 
dated June 5, 2020. As the actual (tolled) deadline was Saturday, 
July 25, 2020, we extended the final results deadline 60 days from 
this date.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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Scope of the Order \6\
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    \6\ See Multilayered Wood Flooring from the People's Republic of 
China: Notice of Amended Final Affirmative Determination of Sales at 
Less than Fair Value and Antidumping Duty Order, 76 FR 76690 
(December 8, 2011), as amended in Multilayered Wood Flooring from 
the People's Republic of China: Amended Antidumping and 
Countervailing Duty Orders, 77 FR 5484 (February 3, 2012) 
(collectively, Order). See also 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).
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    The product covered by the Order is wood flooring from China. A 
full

[[Page 78119]]

description of the scope of the Order is contained in the Issues and 
Decision Memorandum.

Analysis of Comments Received

    All issues raised in the parties' briefs are addressed in the 
Issues and Decision Memorandum. A list of these issues is attached to 
this notice.\7\ 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 http://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and electronic version of the Issues and Decision Memorandum 
are identical in content.
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    \7\ See Appendix I.
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Changes From the Preliminary Results

    Based on our analysis of the comments received, Commerce made 
certain revisions to the calculations of the rates assigned to Jinlong, 
Guyu, and the non-examined, separate rate respondents. The Issues and 
Decision Memorandum contains descriptions of these revisions.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that certain 
companies did not have shipments of subject merchandise during the POR. 
As we received no information to contradict our preliminary 
determination with respect to those companies, we continue to find that 
they made no shipments of subject merchandise to the United States 
during the POR. Based on information received since the Preliminary 
Results, we determine that one additional company, Guangzhou Homebon 
Timber Manufacturing Co., Ltd., also did not have shipments during the 
POR.\8\ We will issue appropriate instructions that are consistent with 
our ``automatic assessment'' clarification for all of the companies 
listed in Appendix II.\9\
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    \8\ See Issues and Decision Memorandum at Comment 11.
    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Notice); see also ``Assessment Rates'' section below.
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Separate Rates

    In the Preliminary Results, we determined that Jinlong, Guyu, 
Muchsee Wood, and several additional companies who were not selected 
for individual review demonstrated their eligibility for separate 
rates, and we continue to do so in these final results.\10\
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    \10\ See Preliminary Results, and Preliminary Decision 
Memorandum at the ``Separate Rates'' section; see also Issues and 
Decision Memorandum at Comment 5.
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Rate for Non-Examined Separate Rate Respondents

    The statute and our regulations do not address the establishment of 
a rate to be assigned to respondents not selected for individual 
examination when we limit our examination of companies subject to the 
administrative review pursuant to section 777A(c)(2)(B) of the Act. 
Generally, we look to section 735(c)(5) of the Act, which provides 
instructions for calculating the all-others rate in an investigation, 
for guidance when calculating the rate for respondents not individually 
examined in an administrative review. Under section 735(c)(5)(A) of the 
Act, the all-others rate is normally ``an amount equal to the weighted 
average of the estimated weighted average dumping margins established 
for exporters and producers individually investigated, excluding any 
zero and de minimis margins, and any margins determined entirely {on 
the basis of facts available{time} '' Accordingly, Commerce's usual 
practice in determining the rate for separate-rate respondents not 
selected for individual examination, has been to average the weighted-
average dumping margins for the selected companies, excluding rates 
that are zero, de minimis, or based entirely on facts available.\11\ 
However, when the weighted-average dumping margins established for all 
individually investigated respondents are zero, de minimis, or based 
entirely on facts available, section 735(c)(5)(B) of the Act permits 
Commerce to ``use any reasonable method to establish the estimated all-
others rate for exporters and producers not individually investigated, 
including averaging the estimated weighted average dumping margins 
determined for the exporters and producers individually investigated.'' 
\12\
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    \11\ See Longkou Haimeng Mach. Co. v. United States, 581 F. 
Supp. 2d 1344, 1357-60 (CIT 2008) (affirming Commerce's 
determination to assign a 4.22 percent dumping margin to the 
separate-rate respondents in a segment where the three mandatory 
respondents received dumping margins of 4.22 percent, 0.03 percent, 
and zero percent, respectively); see also Certain Kitchen Appliance 
Shelving and Racks from the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, 74 FR 36656, 36660 
(July 24, 2009).
    \12\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016).
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    For the final results of this review, we continue to determine the 
estimated dumping margin for each of the individually examined 
respondents to be zero. Thus, consistent with the Preliminary Results, 
we assigned to all eligible non-selected respondents the zero margin 
assigned to Jinlong and Guyu.\13\
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    \13\ See Preliminary Results, and accompanying Preliminary 
Decision Memorandum at 17.
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The China-Wide Entity

    Aside from the companies for which we made a final no shipment 
determination, Commerce considers all other companies for which a 
review was requested and which did not demonstrate separate rate 
eligibility to be part of the China-wide entity.\14\ For the final 
results of this administrative review, we consider 17 companies to be 
part of the China-wide entity.
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    \14\ See Appendix III.
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Final Results of Administrative Review

    For the companies subject to this administrative review, including 
the companies that established their eligibility for a separate rate, 
Commerce determines that the following weighted-average dumping margins 
exist for the period December 1, 2017, through November 30, 2018:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Producer/exporter                     dumping margin
                                                             (percent)
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Dalian Qianqiu Wooden Product Co., Ltd./Fusong Jinlong              0.00
 Wooden Group Co., Ltd./Fusong Jinqiu Wooden Product
 Co., Ltd./Fusong Qianqiu Wooden Products Co., Ltd.
 (Jinlong) \15\.........................................
Jiangsu Guyu International Trading Co., Ltd.............            0.00
Non-Selected Companies Under Review Receiving a Separate            0.00
 Rate \16\..............................................
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Final Results of New Shipper Review
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    \15\ See Issues and Decision Memorandum at ``Section IV. 
Affiliation and Single Entity.''
    \16\ See Appendix IV.
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    Commerce determines that the following weighted-average dumping 
margin exists for the new shipper review covering the period December 
1, 2017 through November 30, 2018:

[[Page 78120]]



------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                   Producer/exporter                          margin
                                                            (percent)
------------------------------------------------------------------------
Muchsee Wood (Chuzhou) Co., Ltd........................            0.00
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    We intend to disclose the calculations performed within five days 
of the date of publication of this notice to parties in this 
proceeding, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce will determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of these reviews. We 
intend to issue assessment instructions to CBP 15 days after the date 
of publication of these final results.
    For Jinlong, Guyu, and Muchsee Wood, each of which have a weighted-
average dumping margin of zero, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties. For entries 
that were not reported in the U.S. sales databases submitted by the 
companies individually examined during these reviews, and for the 
companies that did not qualify for a separate rate in the 
administrative review, Commerce will instruct CBP to liquidate such 
entries at the China-wide rate (i.e., 85.13 percent).\17\ For the 
respondents which were not selected for individual examination in this 
administrative review and which qualified for a separate rate, we will 
also instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties.
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    \17\ See Multilayered Wood Flooring from the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review 
and Final Determination of No Shipments; 2016-2017, 84 FR 38002, 
38003 (August 5, 2019).
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    Consistent with Commerce's assessment practice in non-market 
economy cases, for the companies which Commerce determined had no 
shipments of the subject merchandise, any suspended entries made under 
those exporters' case numbers (i.e., at the exporters' rates) will be 
liquidated at the China-wide rate.\18\
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    \18\ For a full discussion of this practice see Assessment 
Notice.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of administrative and new shipper 
reviews for shipments of the subject merchandise from China entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date, as provided by sections 751(a)(2)(C) of the Act: (1) For 
companies which have a separate rate, the cash deposit rate will be 
zero; (2) for previously investigated or reviewed Chinese and non-
Chinese exporters that received a separate rate in a prior segment of 
this proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (3) for all Chinese 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; and (4) 
for all non-Chinese exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the Chinese exporter that supplied that non-Chinese 
exporter. These cash deposit requirements, when imposed, shall remain 
in effect until further notice.

Reimbursement of Duties

    This notice also serves as a 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 POR. 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.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. 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.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: November 20, 2020.
Joseph A. Laroski Jr.,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Affiliation and Single Entity
5. Changes from the Preliminary Results
6. Discussion of the Issues
    General Issues
    Comment 1: Whether to Revise the Surrogate Financial Ratios
    Comment 2: Whether to Revise the Surrogate Value for Labor
    Comment 3: Whether to Revise the Surrogate Value for Inland 
Freight
    Comment 4: Whether to Revise the Surrogate Value for Glue
    Guyu Issues
    Comment 5: Whether to Continue to Assign a Separate Rate to Guyu
    Comment 6: Whether to Revise the Surrogate Value for Thinner
    Comment 7: Whether to Revise the Surrogate Value for Aluminum 
Paste
    Non-Selected Company Issues
    Comment 8: Whether Commerce Should Have Selected Senmao as a 
Voluntary Respondent
    Comment 9: Whether to Rescind the Administrative Review as to 
Baroque
    Comment 10: Whether Certain Companies Filed Proper No Shipment 
Certifications
    Comment 11: Whether Homebon Had Shipments
    Comment 12: Whether to Continue to Apply a Zero Dumping Margin 
to the Separate Rate Companies
7. Recommendation

Appendix II

No Shipments

Anhui Yaolong Bamboo & Wood Products Co. Ltd.
Armstrong Wood Products (Kunshan) Co., Ltd.
Baroque Timber Industries (Zhongshan) Co., Ltd.
Benxi Flooring Factory (General Partnership)
Changzhou Hawd Flooring Co., Ltd.
Dunhua City Jisen Wood Industry Co., Ltd.
Fine Furniture (Fine Furniture (Shanghai) Limited and Double F 
Limited) \19\
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    \19\ Commerce is only reviewing entries where Fine Furniture 
(Shanghai) Limited and/or Double F Limited was the exporter but Fine 
Furniture (Shanghai) Limited was not the producer of subject 
merchandise.
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Guangzhou Homebon Timber Manufacturing Co., Ltd.
Guangzhou Panyu Kangda Board Co., Ltd.
Hangzhou Zhengtian Industrial Co., Ltd.
Hunchun Forest Wolf Wooden Industry Co., Ltd.
Huzhou Jesonwood Co., Ltd.
Innomaster Home (Zhongshan) Co., Ltd.
Jiangsu Yuhui International Trade Co., Ltd.
Jiashan On-Line Lumber Co., Ltd.
Kingman Floors Co., Ltd.

[[Page 78121]]

Linyi Anying Wood Co., Ltd.
Shandong Longteng Wood Co., Ltd.
Shanghaifloor Timber (Shanghai) Co., Ltd.
Xuzhou Antop International Trade Co., Ltd.
Yingyi-Nature (Kunshan) Wood Industry Co., Ltd.
Zhejiang Shuimojiangnan New Material Technology Co., Ltd.

Appendix III

China-Wide Entity

Anhui Boya Bamboo & Wood Products Co., Ltd.
Chinafloors Timber (China) Co., Ltd.
Dalian Guhua Wooden Product Co., Ltd.
Dalian Huade Wood Product Co., Ltd.
Dalian Huilong Wooden Products Co., Ltd.
Dalian Jaenmaken Wood Industry Co., Ltd.
Houzhou Chenchang Wood Co., Ltd.
Jiafeng Wood (Suzhou) Co., Ltd.
Linyi Bonn Flooring Manufacturing Co., Ltd.
Power Dekor North America Inc.
Shanghai Lairunde Wood Co., Ltd.
Shenzhenshi Huanwei Woods Co., Ltd.
Xiamen Yung De Ornament Co., Ltd.
Zhejiang Biyork Wood Co., Ltd.
Zhejiang Fudeli Timber Industry Co., Ltd
>Zhejiang Jiechen Wood Industry Co., Ltd.
Zhejiang Simite Wooden Co., Ltd.

Appendix IV

Non-Selected Companies Under Review Receiving a Separate Rate

A&W (Shanghai) Woods Co., Ltd.
Anhui Longhua Bamboo Product Co., Ltd.
Benxi Wood Company
Dalian Dajen Wood Co., Ltd.
Dalian Deerfu Wooden Product Co., Ltd.
Dalian Jiahong Wood Industry Co., Ltd.
Dalian Kemian Wood Industry Co., Ltd.
Dalian Penghong Floor Products Co., Ltd.
Dalian Shengyu Science And Technology Development Co., Ltd.
Dalian Shumaike Floor Manufacturing Co., Ltd.
Dalian T-Boom Wood Products Co., Ltd.
Dongtai Fuan Universal Dynamics, LLC
Dunhua City Dexin Wood Industry Co., Ltd.
Dunhua City Hongyuan Wood Industry Co., Ltd.
Dunhua City Wanrong Wood Industry Co., Ltd.
Dun Hua Sen Tai Wood Co., Ltd.
Dunhua Shengda Wood Industry Co., Ltd.
Guangzhou Panyu Southern Star Co., Ltd.
HaiLin LinJing Wooden Products, Ltd.
Hangzhou Hanje Tec Company Limited
Hunchun Xingjia Wooden Flooring Inc.
Huzhou Chenghang Wood Co., Ltd
Huzhou Fulinmen Imp. & Exp. Co., Ltd.
Huzhou Sunergy World Trade Co., Ltd.
Jiangsu Keri Wood Co., Ltd.
Jiangsu Mingle Flooring Co., Ltd
Jiangsu Senmao Bamboo and Wood Industry Co., Ltd.
Jiangsu Simba Flooring Co., Ltd.
Jiashan HuiJiaLe Decoration Material Co., Ltd.
Jiaxing Hengtong Wood Co., Ltd.
Jilin Xinyuan Wooden Industry Co., Ltd.
Karly Wood Product Limited
Kember Flooring, Inc.
Kemian Wood Industry (Kunshan) Co., Ltd.
Lauzon Distinctive Hardwood Flooring, Inc.
Linyi Youyou Wood Co., Ltd.
Metropolitan Hardwood Floors, Inc.
Mudanjiang Bosen Wood Industry Co., Ltd.
Nakahiro Jyou Sei Furniture (Dalian) Co., Ltd.
Omni Arbor Solution Co., Ltd.\20\
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    \20\ In the Preliminary Results, Commerce inadvertently 
identified this company as ``Omni Arbor Solutions Co., Ltd.'' See 
Letters from Omni Arbor Solution Co., Ltd., ``Multilayered Wood 
Flooring from the People's Republic of China Request for Review,'' 
dated December 31, 2018, and ``Multilayered Wood Flooring from 
China: Case Brief--Omni Arbor Solution Co., Ltd.,'' dated March 10, 
2020.
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Pinge Timber Manufacturing (Zhejiang) Co., Ltd.
Power Dekor Group Co., Ltd.
Scholar Home (Shanghai) New Material Co., Ltd.
Shenyang Haobainian Wooden Co., Ltd.
Sino-Maple (Jiangsu) Co., Ltd.
Suzhou Dongda Wood Co., Ltd.
Tongxiang Jisheng Import and Export Co., Ltd.
Xuzhou Shenghe Wood Co., Ltd.
Yekalon Industry Inc.
Yihua Lifestyle Technology Co., Ltd. (successor-in-interest to 
Guangdong Yihua Timber Industry Co., Ltd.)
Zhejiang Dadongwu Green Home Wood Co., Ltd.
Zhejiang Fuerjia Wooden Co., Ltd
Zhejiang Longsen Lumbering Co., Ltd.
Zhejiang Shiyou Timber Co., Ltd.

[FR Doc. 2020-26330 Filed 12-2-20; 8:45 am]
BILLING CODE 3510-DS-P