Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Notices 70719 

1See Petition for the Imposition of Antidumping 

and Countervailing Duties: Multilayered Wood 

Flooring from the People’s Republic of China, dated 

October 21, 2010 (‘‘Petition’’). 

The core of multilayered wood flooring 

may be composed of a range of materials, 

including but not limited to hardwood or 

softwood veneer, particleboard, mediumdensity fiberboard (MDF), high-density 

fiberboard (HDF), stone and/or plastic 

composite, or strips of lumber placed edgeto-edge. 

Multilayered wood flooring products 

generally, but not exclusively, may be in the 

form of a strip, plank, or other geometrical 

patterns (e.g., circular, hexagonal). All 

multilayered wood flooring products are 

included within this definition regardless of 

the actual or nominal dimensions or form of 

the product. 

Specifically excluded from the scope are 

cork flooring and bamboo flooring, regardless 

of whether any of the sub-surface layers of 

either flooring are made from wood. Also 

excluded is laminate flooring. Laminate 

flooring consists of a top wear layer sheet not 

made of wood, a decorative paper layer, a 

core-layer of high-density fiberboard, and a 

stabilizing bottom layer. 

Imports of the subject merchandise are 

provided for under the following 

subheadings of the Harmonized Tariff 

Schedule of the United States (HTSUS): 

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; 

4412.31.5125; 4412.31.5135; 4412.31.5155; 

4412.31.5165; 4412.31.3175; 4412.31.6000; 

4412.31.9100; 4412.32.0520; 4412.32.0540; 

4412.32.0560; 4412.32.2510; 4412.32.2520; 

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; 4412.99.5710; 

4412.99.6000; 4412.99.7000; 4412.99.8000; 

4412.99.9000; 4412.99.9500; 4418.71.2000; 

4418.71.9000; 4418.72.2000; and 

4418.72.9500. 

In addition, imports of subject 

merchandise may enter the U.S. under the 

following HTSUS subheadings: 

4409.10.0500; 4409.10.2000; 4409.29.0515; 

4409.29.0525; 4409.29.0535; 4409.29.0545; 

4409.29.0555; 4409.29.0565; 4409.29.2530; 

4409.29.2550; 4409.29.2560; 4418.71.1000; 

4418.79.0000; and 4418.90.4605. 

While HTSUS subheadings are provided 

for convenience and customs purposes, the 

written description of the subject 

merchandise is dispositive. 

[FR Doc. 2010–29119 Filed 11–17–10; 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: Initiation 

of Countervailing Duty Investigation 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: November 18, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Yasmin Nair and Joshua Morris, AD/ 

CVD Operations, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–3813 and (202) 

482–1779, respectively. 

SUPPLEMENTARY INFORMATION: 

The Petition 

On October 21, 2010, the Department 

of Commerce (‘‘Department’’) received a 

petition filed in proper form by the 

Coalition for American Hardwood Parity 

(‘‘Petitioner’’), whose members 

(Anderson Hardwood Floors, LLC; 

Award Hardwood Floors; Baker’s Creek 

Wood Floors, Inc.; From the Forest; 

Howell Hardwood Flooring; 

Mannington Mills, Inc.; Nydree 

Flooring; Shaw Industries Group, Inc.) 

are domestic producers of multilayered 

wood flooring.1 In response to the 

Department’s requests, Petitioner 

provided timely information 

supplementing the Petition on October 

29, 2010, November 2, 2010, and 

November 3, 2010. Petitioner also 

provided information supplementing 

the Petition on November 9, 2010. 

In accordance with section 702(b)(1) 

of the Tariff Act of 1930, as amended 

(‘‘the Act’’), Petitioner alleges that 

manufacturers, producers, or importers 

of multilayered wood flooring from the 

People’s Republic of China (‘‘PRC’’) 

received countervailable subsidies 

within the meaning of section 701 of the 

Act, and that such imports are 

materially injuring, or threatening 

material injury to, the domestic industry 

producing multilayered wood flooring 

in the United States. 

The Department finds that Petitioner 

filed the Petition on behalf of the 

domestic industry because it is an 

interested party as defined in section 

771(9)(C), (E), and (F) of the Act, and 

Petitioner has demonstrated sufficient 

industry support with respect to the 

countervailing duty (‘‘CVD’’) 

investigation (see ‘‘Determination of 

Industry Support for the Petition’’ 

section below). 

On November 4, 2010, we received 

comments from Lumber Liquidators 

Services, LLC (‘‘Lumber Liquidators’’) 

and Home Legend, LLC (‘‘Home 

Legend’’), U.S. importers of multilayered 

wood flooring (collectively, 

‘‘importers’’). Lumber Liquidators and 

Home Legend are interested parties as 

defined by section 771(9)(A) of the Act. 

The importers and U.S. Floors LLC (‘‘US 

Floors’’) filed additional comments on 

November 9, 2010. 

Period of Investigation 

The period of investigation is January 

1, 2009, through December 31, 2009. 

Scope of Investigation 

The products covered by the 

investigation are multilayered wood 

flooring products from the PRC. For a 

full description of the scope of the 

investigation, please see ‘‘Scope of the 

Investigation,’’ in Appendix I of this 

notice. 

Comments on Scope of Investigation 

During our review of the Petition, we 

discussed the scope with Petitioner to 

ensure that it is an accurate reflection of 

the products for which the domestic 

industry is seeking relief. As a result, 

the ‘‘Scope of Investigation’’ language 

has been modified from the language in 

the Petition to reflect these 

clarifications. Moreover, as discussed in 

the preamble to the Department’s 

regulations (Antidumping Duties; 

Countervailing Duties; Final rule, 62 FR 

27296, 27323 (May 19, 1997)), we are 

setting aside a period for interested 

parties to raise issues regarding product 

coverage. The Department encourages 

all interested parties to submit such 

comments by November 30, 2010, 

twenty calendar days from the signature 

date of this notice. Comments should be 

addressed to Import Administration’s 

APO/Dockets Unit, Room 1870, U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue, NW., 

Washington, DC 20230. The period of 

the scope consultations is intended to 

provide the Department with ample 

opportunity to consider all comments 

and to consult with parties prior to the 

issuance of the preliminary 

determination. 

Consultations 

Pursuant to section 702(b)(4)(A)(ii) of 

the Act, on October 22, 2010, the 

Department invited representatives of 

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70720 Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Notices 

the Government of the PRC (‘‘GOC’’) for 

consultations with respect to the CVD 

petition. On October 27, 2010, the 

GOC’s Ministry of Commerce, under the 

Bureau of Fair Trade for Imports & 

Exports, requested consultations. These 

consultations were held by telephone on 

November 1, 2010. See Memorandum 

from Joshua Morris to the File, entitled, 

‘‘Consultations with Officials from the 

Government of the People’s Republic of 

China on the Countervailing Duty 

Petition regarding Multilayered Wood 

Flooring,’’ (November 8, 2010), which is 

on file in the Central Records Unit 

(‘‘CRU’’) of the main Department of 

Commerce building, Room 7046. On 

November 9, 2010, Deputy Assistant 

Secretary for Import Administration 

Ronald Lorentzen met with 

representatives from the GOC to discuss 

the Petition. See Memorandum from 

Joshua Morris to the File, entitled, 

‘‘Meeting with Officials from the 

Embassy of the People’s Republic of 

China on the Countervailing Duty 

Petition regarding Multilayered Wood 

Flooring,’’ (November 10, 2010) which is 

on file in the CRU. 

Determination of Industry Support for 

the Petition 

Section 702(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 702(c)(4)(A) 

of the Act provides that a petition meets 

this requirement if the domestic 

producers or workers who support the 

petition account for: (i) At least 25 

percent of the total production of the 

domestic like product; and (ii) more 

than 50 percent of the production of the 

domestic like product produced by that 

portion of the industry expressing 

support for, or opposition to, the 

petition. Moreover, section 702(c)(4)(D) 

of the Act provides that, if the petition 

does not establish support of domestic 

producers or workers accounting for 

more than 50 percent of the total 

production of the domestic like product, 

the Department shall: (i) poll the 

industry or rely on other information in 

order to determine if there is support for 

the petition, as required by 

subparagraph (A); or (ii) determine 

industry support using a statistically 

valid sampling method to poll the 

industry. 

Section 771(4)(A) of the Act defines 

the ‘‘industry’’ as the producers as a 

whole of a domestic like product. Thus, 

to determine whether a petition has the 

requisite industry support, the statute 

directs the Department to look to 

producers and workers who produce the 

domestic like product. The International 

Trade Commission (‘‘ITC’’), which is 

responsible for determining whether 

‘‘the domestic industry’’ has been 

injured, must also determine what 

constitutes a domestic like product in 

order to define the industry. While both 

the Department and the ITC must apply 

the same statutory definition regarding 

the domestic like product (see section 

771(10) of the Act), they do so for 

different purposes and pursuant to a 

separate and distinct authority. In 

addition, the Department’s 

determination is subject to limitations of 

time and information. Although this 

may result in different definitions of the 

like product, such differences do not 

render the decision of either agency 

contrary to law. See USEC, Inc. v. 

United States, 132 F. Supp. 2d 1, 8 (CIT 

2001), citing Algoma Steel Corp., Ltd. v. 

United States, 688 F. Supp. 639, 644 

(CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. 

1989), cert. denied 492 U.S. 919 (1989). 

Section 771(10) of the Act defines the 

domestic like product as ‘‘a product 

which is like, or in the absence of like, 

most similar in characteristics and uses 

with, the article subject to an 

investigation under this title.’’ Thus, the 

reference point from which the 

domestic like product analysis begins is 

‘‘the article subject to an investigation’’ 

(i.e., the class or kind of merchandise to 

be investigated, which normally will be 

the scope as defined in the petition). 

With regard to the domestic like 

product, Petitioner does not offer a 

definition of domestic like product 

distinct from the scope of the 

investigations. Based on our analysis of 

the information submitted on the 

record, we have determined that 

multilayered wood flooring constitutes a 

single domestic like product and we 

have analyzed industry support in terms 

of that domestic like product. For a 

discussion of the domestic like product 

analysis in this case, see ‘‘Countervailing 

Duty Investigation Initiation Checklist: 

Multilayered Wood Flooring from the 

People’s Republic of China’’ (‘‘Initiation 

Checklist’’), at Attachment II, Analysis 

of Industry Support for the Petitions 

Covering Multilayered Wood Flooring 

from the People’s Republic of China, on 

file in the CRU. 

In determining whether Petitioner has 

standing under section 702(c)(4)(A) of 

the Act, we considered the industry 

support data contained in the Petition 

with reference to the domestic like 

product as defined in the ‘‘Scope of 

Investigation’’ section above. To 

establish industry support, Petitioner 

provided its production volume of the 

domestic like product in 2009, and 

compared this to the estimated total 

production volume of the domestic like 

product for the entire domestic 

industry. See Volume I of the Petitions, 

at 4–5, and Exhibit I–3; see also 

Supplement to the AD/CVD Petitions 

dated November 2, 2010 at 2; see also 

Supplement to the AD/CVD Petitions 

dated November 3, 2010 at 1–2 and 

Exhibit I–K. Petitioner estimated 2009 

production volume of the domestic like 

product by non-petitioning companies 

based on its knowledge of the industry. 

We have relied upon data Petitioner 

provided for purposes of measuring 

industry support. For further 

discussion, see Initiation Checklist at 

Attachment II. 

On November 4, 2010, we received a 

submission on behalf of importers of 

multilayered wood flooring, interested 

parties to this proceeding as defined in 

section 771(9)(A) of the Act, questioning 

the industry support calculation. See 

Initiation Checklist at Attachment II. On 

November 8 and 9, 2010, Petitioner filed 

replies to the importers’ industry 

support challenge. The importers filed 

an additional submission on November 

9, 2010, on behalf of the importers and 

US Floors, in which they voice US 

Floors’ opposition to the Petitions. For 

further discussion of these submissions, 

see Initiation Checklist at Attachment II. 

Based on information provided in the 

Petition, supplemental submissions, and 

other information readily available to 

the Department, we determine that the 

domestic producers and workers have 

met the statutory criteria for industry 

support under section 702(c)(4)(A)(i) of 

the Act because the domestic producers 

(or workers) who support the Petition 

account for at least 25 percent of the 

total production of the domestic like 

product. Because the Petition and 

supplemental submissions did not 

establish support from domestic 

producers (or workers) accounting for 

more than 50 percent of the total 

production of the domestic like product, 

the Department was required to take 

further action in order to evaluate 

industry support. See section 

702(c)(4)(D) of the Act. In this case, the 

Department was able to rely on other 

information, in accordance with section 

702(c)(4)(D)(i) of the Act, to determine 

industry support. See Initiation 

Checklist at Attachment II. Based on 

information provided in the Petition, 

other submissions, and additional 

information obtained by the 

Department, the domestic producers 

and workers have met the statutory 

criteria for industry support under 

section 702(c)(4)(A)(ii) of the Act 

because the domestic producers (or 

workers) who support the Petition 

account for more than 50 percent of the 

production of the domestic like product 

produced by that portion of the industry 

expressing support for, or opposition to, 

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Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Notices 70721 

2See Certain Coated Paper Suitable for HighQuality Print Graphics Using Sheet-Fed Presses 

From the People’s Republic of China: Final 

Affirmative Countervailing Duty Determination, 75 

FR 59212 (September 27, 2010); see also Aluminum 

Extrusions From the People’s Republic of China: 

Preliminary Affirmative Countervailing Duty 

Determination, 75 FR 54302 (September 7, 2010). 

the Petition. Accordingly, the 

Department determines that the Petition 

was filed on behalf of the domestic 

industry within the meaning of section 

702(b)(1) of the Act. See Initiation 

Checklist at Attachment II. 

The Department finds that Petitioner 

filed the Petition on behalf of the 

domestic industry because it is an 

interested party as defined in sections 

771(9)(C), (E), and (F) of the Act and it 

has demonstrated sufficient industry 

support with respect to the CVD 

investigation that it is requesting the 

Department initiate. Id. 

Injury Test 

Because the PRC is a ‘‘Subsidies 

Agreement Country’’ within the meaning 

of section 701(b) of the Act, section 

701(a)(2) of the Act applies to this 

investigation. Accordingly, the ITC must 

determine whether imports of subject 

merchandise from the PRC materially 

injure, or threaten material injury to, a 

U.S. industry. 

Allegations and Evidence of Material 

Injury and Causation 

Petitioner alleges that imports of 

multilayered wood flooring from the 

PRC are benefitting from countervailable 

subsidies and that such imports are 

causing, or threaten to cause, material 

injury to the domestic industry 

producing multilayered wood flooring. 

In addition, Petitioner alleges that 

subject imports exceed the negligibility 

threshold provided for under section 

771(24)(A) of the Act. 

Petitioner contends that the industry’s 

injured condition is illustrated by 

reduced market share, reduced 

production, reduced shipments, 

reduced capacity and capacity 

utilization, underselling and price 

depression or suppression, reduced 

employment, hours worked, and wages 

paid, decline in financial performance, 

lost sales and revenue, and increase in 

import penetration. See Volume I of the 

Petition, at 16–60. We have assessed the 

allegations and supporting evidence 

regarding material injury, threat of 

material injury, and causation, and we 

have determined that these allegations 

are properly supported by adequate 

evidence and meet the statutory 

requirements for initiation. See 

Initiation Checklist at Attachment III, 

Injury. 

Initiation of Countervailing Duty 

Investigation 

Section 702(b) of the Act requires the 

Department to initiate a CVD proceeding 

whenever an interested party files a 

petition on behalf of an industry that: 

(1) Alleges the elements necessary for an 

imposition of a duty under section 

701(a) of the Act; and (2) is 

accompanied by information reasonably 

available to Petitioner(s) supporting the 

allegations. The Department has 

examined the CVD petition on 

multilayered wood flooring from the 

PRC and finds that it complies with the 

requirements of section 702(b) of the 

Act. Therefore, in accordance with 

section 702(b) of the Act, we are 

initiating a CVD investigation to 

determine whether manufacturers, 

producers, or exporters of multilayered 

wood flooring in the PRC receive 

countervailable subsidies. For a 

discussion of evidence supporting our 

initiation determination, see Initiation 

Checklist. 

We are including in our investigation 

the following programs alleged in the 

Petition to have provided 

countervailable subsidies to producers 

and exporters of the subject 

merchandise in the PRC: 

A. Tax Benefit Programs 

1. Income Tax Exemption/Reduction 

under ‘‘Two-Free/Three Half’’ Program. 

2. Local Income Tax Exemption and 

Reductions for ‘‘Productive’’ ForeignInvested Enterprises (‘‘FIEs’’). 

3. Tax Subsidies to FIEs Based on 

Geographic Location. 

B. Indirect Tax and Import Tariff 

Programs 

4. Value Added Tax and Tariff 

Exemptions on Imported Equipment. 

C. Provision of Goods or Services for 

Less Than Adequate Remuneration 

(‘‘LTAR’’) 

5. Electricity for LTAR. 

6. Provision of Electricity at LTAR for 

FIEs and ‘‘Technologically Advanced’’ 

Enterprises by Jiangsu Province. 

For further information explaining why 

the Department is investigating these 

programs, see Initiation Checklist. 

We are not including in our 

investigation the following program 

alleged to benefit producers and 

exporters of the subject merchandise in 

the PRC: 

1. Currency Undervaluation 

Petitioner alleges that the GOC 

ensures that the Renminbi (‘‘RMB’’) 

exchange rate significantly understates 

the value of the RMB against the U.S. 

Dollar (‘‘USD’’) from 25 to 50 percent. 

Petitioner alleges that Chinese exporters 

earning USD through export 

transactions receive an artificially 

inflated amount of RMB when they 

exchange the USD at the People’s Bank 

of China, a Chinese government entity. 

Petitioner states that the GOC thus 

ensures exporters who receive USD 

from export activities receive more RMB 

than they otherwise would if the value 

of the RMB was set through market 

mechanisms. Petitioner alleges that the 

GOC’s program to maintain artificial 

exchange rates qualifies as a financial 

contribution or, in the alternative, 

Petitioner alleges that GOC foreign 

exchange market interventions 

constitute a price support within the 

meaning of Article XVI of the GATT 

1994. In both cases, Petitioner describes 

the benefit conferred as the excess of 

RMB received over what would have 

been received at a market rate (‘‘excess 

RMB’’), and alleges specificity within 

the meaning of section 771(5A)(B) of the 

Act. Petitioner notes that the U.S. House 

of Representatives has recently passed 

legislation in regard to subsidies relating 

to a fundamentally undervalued 

currency. According to Petitioner, this 

legislation states that a subsidy may be 

considered export contingent, even if 

the subsidy is also provided in nonexport circumstances. 

Section 771(5A)(B) of the Act 

describes an export subsidy as ‘‘*** a

subsidy that is, in law or fact, 

contingent upon export performance, 

alone or as 1 of 2 or more conditions.’’ 

Petitioner has failed to sufficiently 

allege that the receipt of the excess RMB 

is contingent on export or export 

performance because receipt of the 

excess RMB is independent of the type 

of transaction or commercial activity for 

which the dollars are converted or of the 

particular company or individuals 

converting the dollars. Petitioner’s 

reliance on legislation passed by the 

U.S. House of Representatives is 

premature as the proposed language 

does not yet equate to an enforceable 

statute. Consequently, consistent with 

previous cases, we do not plan on 

investigating this program because 

Petitioner has failed to properly allege 

the specificity element.2

Respondent Selection: 

For this investigation, the Department 

expects to select respondents based on 

U.S. Customs and Border Protection 

(‘‘CBP’’) data for U.S. imports during the 

period of investigation. We intend to 

release the CBP data under 

Administrative Protective Order 

(‘‘APO’’) to all parties with access to 

information protected by APO within 

five days of the announcement of the 

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3A ‘‘veneer’’ is a thin slice of wood, rotary cut, 

sliced or sawed from a log, bolt or flitch. Veneer is 

referred to as a ply when assembled. 

initiation of this investigation. 

Interested parties may submit comments 

regarding the CBP data and respondent 

selection within seven calendar days of 

publication of this notice. We intend to 

make our decision regarding respondent 

selection within 20 days of publication 

of this Federal Register notice. 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305(b). 

Instructions for filing such applications 

may be found on the Department’s Web 

site at http://ia.ita.doc.gov/apo. 

Distribution of Copies of the Petition: 

In accordance with section 

702(b)(4)(A)(i) of the Act, a copy of the 

public version of the Petition has been 

provided to the GOC. Because of the 

large number of producers/exporters 

identified in the Petition, the 

Department considers the service of the 

public version of the Petition to the 

foreign producers/exporters satisfied by 

the delivery of the public version to the 

GOC, consistent with 19 CFR 

351.203(c)(2). 

ITC Notification: 

We have notified the ITC of our 

initiation, as required by section 702(d) 

of the Act. 

Preliminary Determination by the ITC: 

The ITC will preliminarily determine, 

within 25 days after the date on which 

it receives notice of the initiation, 

whether there is a reasonable indication 

that imports of subsidized multilayered 

wood flooring from the PRC are causing 

material injury, or threatening to cause 

material injury, to a U.S. industry. See 

section 703(a)(2) of the Act. A negative 

ITC determination will result in the 

investigation being terminated; 

otherwise, the investigation will 

proceed according to statutory and 

regulatory time limits. 

This notice is issued and published 

pursuant to section 777(i) of the Act. 

November 10, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

APPENDIX I 

Scope of the Investigation 

Multilayered wood flooring is composed of 

an assembly of two or more layers or plies 

of wood veneer(s) 3 in combination with a 

core. The several layers, along with the core, 

are glued or otherwise bonded together to 

form a final assembled product. Multilayered 

wood flooring is often referred to by other 

terms, e.g., ‘‘engineered wood flooring’’ or 

‘‘plywood flooring.’’ Regardless of the 

particular terminology, all products that meet 

the description set forth herein are intended 

for inclusion within the definition of subject 

merchandise. 

All multilayered wood flooring is included 

within the definition of subject merchandise, 

without regard to: dimension (overall 

thickness, thickness of face ply, thickness of 

back ply, thickness of core, and thickness of 

inner plies; width; and length); wood species 

used for the face, back and inner veneers; 

core composition; and face grade. 

Multilayered wood flooring included within 

the definition of subject merchandise may be 

unfinished (i.e., without a finally finished 

surface to protect the face veneer from wear 

and tear) or ‘‘prefinished’’ (i.e., a coating 

applied to the face veneer, including, but not 

exclusively, oil or oil-modified or waterbased polyurethanes, ultra-violet light cured 

polyurethanes, wax, epoxy-ester finishes, 

moisture-cured urethanes and acid-curing 

formaldehyde finishes.) The veneers may be 

also soaked in an acrylic-impregnated finish. 

All multilayered wood flooring is included 

within the definition of subject merchandise 

regardless of whether the face (or back) of the 

product is smooth, wire brushed, distressed 

by any method or multiple methods, or handscraped. In addition, all multilayered wood 

flooring is included within the definition of 

subject merchandise regardless of whether or 

not it is manufactured with any interlocking 

or connecting mechanism (for example, 

tongue-and-groove construction or locking 

joints). All multilayered wood flooring is 

included within the definition of the subject 

merchandise regardless of whether the 

product meets a particular industry or similar 

standard. 

The core of multilayered wood flooring 

may be composed of a range of materials, 

including but not limited to hardwood or 

softwood veneer, particleboard, mediumdensity fiberboard (MDF), high-density 

fiberboard (HDF), stone and/or plastic 

composite, or strips of lumber placed edgeto-edge. 

Multilayered wood flooring products 

generally, but not exclusively, may be in the 

form of a strip, plank, or other geometrical 

patterns (e.g., circular, hexagonal). All 

multilayered wood flooring products are 

included within this definition regardless of 

the actual or nominal dimensions or form of 

the product. 

Specifically excluded from the scope are 

cork flooring and bamboo flooring, regardless 

of whether any of the sub-surface layers of 

either flooring are made from wood. Also 

excluded is laminate flooring. Laminate 

flooring consists of a top wear layer sheet not 

made of wood, a decorative paper layer, a 

core-layer of high-density fiberboard, and a 

stabilizing bottom layer. 

Imports of the subject merchandise are 

provided for under the following 

subheadings of the Harmonized Tariff 

Schedule of the United States (HTSUS): 

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; 

4412.31.5125; 4412.31.5135; 4412.31.5155; 

4412.31.5165; 4412.31.3175; 4412.31.6000; 

4412.31.9100; 4412.32.0520; 4412.32.0540; 

4412.32.0560; 4412.32.2510; 4412.32.2520; 

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; 4412.99.5710; 

4412.99.6000; 4412.99.7000; 4412.99.8000; 

4412.99.9000; 4412.99.9500; 4418.71.2000; 

4418.71.9000; 4418.72.2000; and 

4418.72.9500. 

In addition, imports of subject 

merchandise may enter the U.S. under the 

following HTSUS subheadings: 

4409.10.0500; 4409.10.2000; 4409.29.0515; 

4409.29.0525; 4409.29.0535; 4409.29.0545; 

4409.29.0555; 4409.29.0565; 4409.29.2530; 

4409.29.2550; 4409.29.2560; 4418.71.1000; 

4418.79.0000; and 4418.90.4605. 

While HTSUS subheadings are provided 

for convenience and customs purposes, the 

written description of the subject 

merchandise is dispositive. 

[FR Doc. 2010–29117 Filed 11–17–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN: 0648–XA044 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of a public meeting. 

SUMMARY: The New England Fishery 

Management Council’s (Council) VMS/ 

Enforcement Committee will meet to 

consider actions affecting New England 

fisheries in the exclusive economic zone 

(EEZ). 

DATES: The meeting will be held on 

Tuesday, December 7, 2010 at 9:30 a.m. 

ADDRESSES: The meeting will be held at 

the Sheraton Harborside Hotel, 250 

Market Street, Portsmouth, NH 03801; 

telephone: (603) 431–2300; fax: (603) 

433–5649. 

Council address: New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

FOR FURTHER INFORMATION CONTACT: Paul 

J. Howard, Executive Director, New 

England Fishery Management Council; 

telephone: (978) 465–0492. 

mstockstill on DSKH9S0YB1PROD with NOTICES