78296 Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices 

1See Quarterly Update to Annual Listing of 

Foreign Government Subsidies on Articles of Cheese 

Subject to an In-Quota Rate of Duty, 88 FR 55438 

(August 15, 2023) (First Quarter 2023 Update). 

2 Id. 

3 Defined in 19 U.S.C. 1677(5). 

4 Defined in 19 U.S.C. 1677(6). 

5The 27 member states of the European Union 

are: Austria, Belgium, Bulgaria, Croatia, Cyprus, 

Czech Republic, Denmark, Estonia, Finland, France, 

Germany, Greece, Hungary, Ireland, Italy, Latvia, 

Lithuania, Luxembourg, Malta, Netherlands, 

Poland, Portugal, Romania, Slovakia, Slovenia, 

Spain, and Sweden. 

1See 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, 85 FR 78118 (December 3, 

2020) (Final Results), and accompanying Issues and 

Decision Memorandum (IDM). 

2 Id. 

section 702(h) of the Trade Agreements 

Act of 1979 (as amended) (the Act), 

published the quarterly update to the 

annual listing of foreign government 

subsidies on articles of cheese subject to 

an in-quota rate of duty covering the 

period January 1, 2023, through March 

31, 2023.1 In the First Quarter 2023 

Update, we requested that any party 

that had information on foreign 

government subsidy programs that 

benefited articles of cheese subject to an 

in-quota rate of duty submit such 

information to Commerce.2 We received 

no comments, information, or requests 

for consultation from any party. 

Pursuant to section 702(h) of the Act, 

we hereby provide Commerce’s update 

of subsidies on articles of cheese that 

were imported during the period April 

1, 2023, through June 30, 2023. The 

appendix to this notice lists the country, 

the subsidy program or programs, and 

the gross and net amounts of each 

subsidy for which information is 

currently available. 

Commerce will incorporate additional 

programs which are found to constitute 

subsidies, and additional information 

on the subsidy programs listed, as the 

information is developed. Commerce 

encourages any person having 

information on foreign government 

subsidy programs which benefit articles 

of cheese subject to an in-quota rate of 

duty to submit such information in 

writing through the Federal 

eRulemaking Portal at https:// 

www.regulations.gov, Docket No. ITA– 

2020–0005, ‘‘Quarterly Update to 

Cheese Subject to an In-Quota Rate of 

Duty.’’ The materials in the docket will 

not be edited to remove identifying or 

contact information, and Commerce 

cautions against including any 

information in an electronic submission 

that the submitter does not want 

publicly disclosed. Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

formats only. All comments should be 

addressed to the Assistant Secretary for 

Enforcement and Compliance, U.S. 

Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230. 

This determination and notice are in 

accordance with section 702(a) of the 

Act. 

Dated: November 8, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

SUBSIDY PROGRAMS ON CHEESE SUBJECT TO AN IN-QUOTA RATE OF DUTY

Country Program(s) Gross 3

subsidy ($/lb) 

Net 4

subsidy($/lb) 

27 European Union Member States 5 .......................... European Union Restitution Payments ........................ $ 0.00 $0.00 

Canada ......................................................................... Export Assistance on ....................................................

Certain Types of Cheese .............................................

0.47 0.47 

Norway .......................................................................... Indirect (Milk) Subsidy .................................................. 0.00 0.00 

Consumer Subsidy ....................................................... 0.00 0.00 

Total ....................................................................... 0.00 0.00 

Switzerland ................................................................... Deficiency Payments .................................................... 0.00 0.00 

[FR Doc. 2023–25202 Filed 11–14–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–970] 

Multilayered Wood Flooring From the 

People’s Republic of China: Notice of 

Court Decision Not in Harmony With 

the Results of Antidumping 

Administrative Review; Notice of 

Amended Final Results 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On October 30, 2023, the U.S. 

Court of International Trade (CIT) 

issued its final judgment in American 

Manufacturers of Multilayered Wood 

Flooring v. United States, Court No. 20– 

03948, Slip Op. 23–70 (CIT May 5, 

2023), sustaining the U.S. Department of 

Commerce (Commerce)’s remand results 

pertaining to the administrative review 

of the antidumping duty (AD) order on 

multilayered wood flooring (MLWF) 

from the People’s Republic of China 

(China) covering the period of review 

(POR) December 1, 2017, through 

November 30, 2018. Commerce is 

notifying the public that the CIT’s final 

judgment is not in harmony with 

Commerce’s final results of the 

administrative review, and that 

Commerce is amending the final results 

with respect to the dumping margin 

assigned to Dalian Qianqiu Wooden 

Product Co., Ltd., Fusong Jinlong 

Wooden Group Co., Ltd., Fusong Jinqiu 

Wooden Product Co., Ltd., and Fusong 

Qianqiu Wooden Product Co., Ltd. 

(collectively, Jinlong); Jiangsu Guyu 

International Trading Co., Ltd. (Guyu); 

and certain non-individually examined 

respondents. 

DATES: Applicable November 9, 2023. 

FOR FURTHER INFORMATION CONTACT: 

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) 482–0607. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 3, 2020, Commerce 

published its Final Results in the 2017– 

2018 AD administrative review of 

MLWF from China.1 Commerce 

determined that mandatory respondents 

Jinlong and Guyu did not make sales of 

MLWF from China at prices below 

normal value (NV) during the POR.2


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices 78297 

3 Id., 85 FR at 78119. 

4See American Manufacturers of Multilayered 

Wood Flooring v. United States, Court No. 20– 

03948, Slip Op. 23–70 (CIT May 5, 2023) (Remand 

Order). 

5 Id. at 33. 

6See Final Results IDM at 17–20; see also 

Remand Order at 19–20. 

7See Remand Order at 33; see also Antidumping 

Methodologies in Proceedings Involving NonMarket Economies: Valuing the Factor of 

Production: Labor, 76 FR 36092, 36093 (June 21, 

2011) (Labor Rate Policy). 

8See Remand Order at 33. 

9See Final Results of Redetermination Pursuant 

to Court Remand, American Manufacturers of 

Multilayered Wood Flooring v. United States, Court 

No. 20–3948, dated August 24, 2023 (Final 

Remand), available at https://access.trade.gov/ 

resources/remands/23-70.pdf. 

10See American Manufacturers of Multilayered 

Wood Flooring v. United States, Court No. 20– 

03948, Slip Op. 23–156 (CIT October 30, 2023). 

11See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

12See Diamond Sawblades Manufacturers 

Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 

2010) (Diamond Sawblades). 

13See Appendix. 

14As the recalculated margin for Jinlong is the 

only margin that is not zero, de minimis, or 

determined entirely under section 776 of the Act, 

we assigned this margin to the non-individuallyexamined separate rate companies, consistent with 

the guidance provided in section 735(c)(5) of the 

Act. 

15These companies are Anhui Longhua Bamboo 

Product Co., Ltd.; Dalian Deerfu Wooden Product 

Co., Ltd.; Dalian Shengyu Science And Technology 

Development Co., Ltd.; Dunhua City Wanrong 

Wood Industry Co., Ltd.; Power Dekor Group Co., 

Ltd.; Yekalon Industry Inc.; and Zhejiang Shiyou 

Timber Co., Ltd. 

16See 19 CFR 351.106(c)(2). 

Thus, Commerce calculated an 

estimated weighted-average dumping 

margin and cash deposit rate (adjusted 

for subsidy offsets) of 0.00 percent for 

Jinlong and Guyu, which it applied to 

the non-individually-examined 

companies that were found to be eligible 

for a separate rate.3

The American Manufacturers of 

Multilayered Wood Flooring (the 

petitioner) appealed Commerce’s Final 

Results. On May 5, 2023, the CIT 

remanded the Final Results to 

Commerce.4 In the Remand Order, the 

CIT directed Commerce to revise the 

surrogate manufacturing overhead 

(MOH) ratio calculation by including 

the entire amount of indirect production 

expenses stated in the surrogate 

financial statement in the numerator, or 

otherwise explain why it cannot do so.5

The CIT held that Commerce’s 

determination of the MOH ratio was not 

supported by substantial evidence 

because: (1) limiting overhead expenses 

in the numerator to depreciation, other 

materials, and third party service 

expenses is unreasonable in light of the 

universe of expenses normally 

considered to make up overhead; and 

(2) Commerce’s claim that using the 

indirect production expenses entry in 

the numerator of the MOH ratio may be 

distortive is a speculative conclusion.6

Additionally, the CIT remanded the 

Final Results to Commerce to reconsider 

its application of its Labor Rate Policy, 

which assumes 24 working days per 

month, 5.5 working days per week, and 

eight working hours per day, to 

calculate a surrogate hourly labor rate.7

If Commerce continued to use this 

policy, the CIT directed Commerce to 

explain: (1) the source for the 

assumptions; (2) why it is a reasonable 

basis on which to calculate the surrogate 

labor rate; and (3) how it is more 

specific to Romania than information 

provided by the petitioner.8

In its remand redetermination, issued 

on August 24, 2023, Commerce revised 

the surrogate MOH ratio, explained the 

assumptions underlying its Labor Rate 

Policy, and revised the surrogate hourly 

labor rate.9 On October 30, 2023, the 

CIT sustained Commerce’s final 

redetermination.10

Timken Notice 

In its decision in Timken,11 as 

clarified by Diamond Sawblades,12 the 

U.S. Court of Appeals for the Federal 

Circuit held that, pursuant to section 

516A(c) and (e) of the Tariff Act of 1930, 

as amended (the Act), Commerce must 

publish a notice of court decision that 

is not ‘‘in harmony’’ with a Commerce 

determination and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision. The CIT’s 

October 30, 2023, judgment constitutes 

a final decision of the CIT that is not in 

harmony with Commerce’s Final 

Results. Thus, this notice is published 

in fulfillment of the publication 

requirements of Timken. 

Amended Final Results 

Because there is now a final court 

judgment, Commerce is amending its 

Final Results with respect to Jinlong, 

Guyu, and the non-individuallyexamined separate rate companies, as 

follows: 

Exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Dalian Qianqiu Wooden 

Product Co., Ltd.; Fusong 

Jinlong Wooden Group 

Co., Ltd.; Fusong Jinqiu 

Wooden Product Co., Ltd.; 

and Fusong Qianqiu 

Wooden Product Co., Ltd. 

(collectively, Jinlong) ......... 2.05 

Jiangsu Guyu International 

Trading Co., Ltd ................ 0.00 

Non-Selected Companies 

Under Review Receiving a 

Separate Rate 13 ............... 14 2.05 

Cash Deposit Requirements 

For seven separate rate respondents 

that do not have a superseding cash 

deposit rate,15 Commerce will issue 

revised cash deposit instructions to U.S. 

Customs and Border Protection (CBP). 

Because Jinlong, Guyu, and the 

remaining separate rate respondents 

have a superseding cash deposit rate, 

i.e., there have been final results 

published in a subsequent 

administrative review, we will not issue 

revised cash deposit instructions to 

CBP. This notice will not affect the 

current cash deposit rate for these 

companies. 

Liquidation of Suspended Entries 

At this time, Commerce remains 

enjoined by CIT order from liquidating 

entries that: were exported by Jinlong, 

Guyu, and the non-individuallyexamined separate rate respondents 

listed in the Appendix, and were 

entered, or withdrawn from warehouse, 

for consumption during the period 

December 1, 2017, through November 

30, 2018. These entries will remain 

enjoined pursuant to the terms of the 

injunction during the pendency of any 

appeals process. 

In the event the CIT’s ruling is not 

appealed, or, if appealed, upheld by a 

final and conclusive court decision, 

Commerce intends to instruct CBP to 

assess antidumping duties on 

unliquidated entries of subject 

merchandise exported by Jinlong, Guyu, 

and the non-individually-examined 

separate rate respondents in accordance 

with 19 CFR 351.212(b), where 

appropriate. We will instruct CBP to 

assess antidumping duties on all 

appropriate entries covered by this 

review when the weighted-average 

dumping margin or an importer-specific 

ad valorem assessment rate is not zero 

or de minimis. Where the weightedaverage dumping margin or an importerspecific ad valorem assessment rate is 

zero or de minimis,16 we will instruct 

CBP to liquidate the appropriate entries 

without regard to antidumping duties. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(c) and 

(e) and 777(i)(1) of the Act. 


ddrumheller on DSK120RN23PROD with NOTICES1
78298 Federal Register / Vol. 88, No. 219 / Wednesday, November 15, 2023 / Notices 

1See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011). 

Dated: November 8, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

Non-Individually Examined Companies 

Eligible for 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 Shumaike Floor Manufacturing Co., 

Ltd. 

Dalian Shengyu Science And Technology 

Development 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. 

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. 2023–25200 Filed 11–14–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) has received 

requests to conduct administrative 

reviews of various antidumping duty 

(AD) and countervailing duty (CVD) 

orders with September anniversary 

dates. In accordance with Commerce’s 

regulations, we are initiating those 

administrative reviews. 

DATES: Applicable November 15, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Brenda E. Brown, AD/CVD Operations, 

Customs Liaison Unit, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230, telephone: 

(202) 482–4735. 

SUPPLEMENTARY INFORMATION: 

Background 

Commerce has received timely 

requests, in accordance with 19 CFR 

351.213(b), for administrative reviews of 

various AD and CVD orders with 

September anniversary dates. 

All deadlines for the submission of 

various types of information, 

certifications, or comments or actions by 

Commerce discussed below refer to the 

number of calendar days from the 

applicable starting time. 

Notice of No Sales 

With respect to AD administrative 

reviews, if a producer or exporter 

named in this notice of initiation had no 

exports, sales, or entries during the 

period of review (POR), it must notify 

Commerce within 30 days of 

publication of this notice in the Federal 

Register. All submissions must be filed 

electronically at https://

access.trade.gov, in accordance with 19 

CFR 351.303.1 Such submissions are 

subject to verification, in accordance 

with section 782(i) of the Tariff Act of 

1930, as amended (the Act). Further, in 

accordance with 19 CFR 351.303(f)(1)(i), 

a copy must be served on every party on 

Commerce’s service list. 

Respondent Selection 

In the event Commerce limits the 

number of respondents for individual 

examination for administrative reviews 

initiated pursuant to requests made for 

the orders identified below, Commerce 

intends to select respondents based on 

U.S. Customs and Border Protection 

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

POR. We intend to place the CBP data 

on the record within five days of 

publication of the initiation notice and 

to make our decision regarding 

respondent selection within 35 days of 

publication of the initiation Federal 

Register notice. Comments regarding the 

CBP data and respondent selection 

should be submitted within seven days 

after the placement of the CBP data on 

the record of this review. Parties 

wishing to submit rebuttal comments 

should submit those comments within 

five days after the deadline for the 

initial comments. 

In the event Commerce decides it is 

necessary to limit individual 

examination of respondents and 

conduct respondent selection under 

section 777A(c)(2) of the Act, the 

following guidelines regarding 

collapsing of companies for purposes of 

respondent selection will apply. In 

general, Commerce has found that 

determinations concerning whether 

particular companies should be 

‘‘collapsed’’ (e.g., treated as a single 

entity for purposes of calculating AD 

rates) require a substantial amount of 

detailed information and analysis, 

which often require follow-up questions 

and analysis. Accordingly, Commerce 

will not conduct collapsing analyses at 

the respondent selection phase of the 

review and will not collapse companies 

at the respondent selection phase unless 

there has been a determination to 

collapse certain companies in a 

previous segment of the AD proceeding 

(e.g., investigation, administrative 

review, new shipper review, or changed 

circumstances review). For any 

company subject to the review, if 

Commerce determined, or continued to 

treat, that company as collapsed with 

others, Commerce will assume that such 

companies continue to operate in the 

same manner and will collapse them for 

respondent selection purposes. 

Otherwise, Commerce will not collapse 

companies for purposes of respondent 

selection. 

Parties are requested to (a) identify 

which companies subject to review 

previously were collapsed, and (b) 

provide a citation to the proceeding in 

which they were collapsed. Further, if 


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