40748 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices 

1See Multilayered Wood Flooring from the 

People’s Republic of China: Initiation of 

Antidumping Duty New Shipper Reviews; 2014– 

2015, 80 FR 45192 (July 29, 2015). 

2See Multilayered Wood Flooring from the 

People’s Republic of China: Rescission of 

Antidumping Duty New Shipper Reviews; 2015– 

2015, 81 FR 74393 (October 26, 2016) (Final 

Rescission). 

3See Huzhou Muyun Wood Co. Ltd. v. United 

States, 41 CIT __, 279 F. Supp. 3d 1215 (CIT 2017). 

4See Huzhou Muyun Wood Co., Ltd. v. United 

States, 2018 WL 3455350 (CIT July 16, 2018). 

5 Id. at *8 (referring to the factors outlined at 

section 751(a)(2)(B)(iv) of the Act). 

6See MLWF Amended Final Determination, 79 FR 

21509 (May 2, 2014) (MLWF Amended Final 

Determination). 

Comment 3: Product Characteristics used 

in the CONNUM Methodology 

Comment 4: Application of Partial AFA for 

Packing Costs 

Comment 5: Home Market Sales Viability 

Comment 6: Credit Expenses 

Comment 7: Clarification of the Scope of 

the Order 

Comment 8: Import Duties 

Comment 9: G&A Expense Ratio 

Calculation 

Comment 10: Antidumping Duty Cash 

Deposit Rate offset by the Countervailing 

Duty Export Subsidy Rate 

IX. Conclusion 

[FR Doc. 2018–17688 Filed 8–15–18; 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 

Final Rescission of the Antidumping 

Duty New Shipper Review 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On July 16, 2018, the United 

States Court of International Trade (CIT) 

issued a final judgment in Huzhou 

Muyun Wood Co., Ltd., LLC. v. United 

States ordering the Department of 

Commerce (Commerce) to proceed with 

Huzhou Muyun Wood Co., Ltd.’s 

(Muyun Wood) new shipper review of 

the antidumping duty order on 

multilayered wood flooring (wood 

flooring) from the People’s Republic of 

China (China). Commerce is notifying 

the public that the final judgment in this 

case is not in harmony with the final 

rescission of the new shipper review. 

DATES: Applicable beginning July 26, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Aleksandras Nakutis, Office IV, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–3147. 

SUPPLEMENTARY INFORMATION: 

Background 

Muyun Wood is a Chinese producer/ 

exporter of wood flooring. On June 13, 

2015, Huzhou Muyun Wood Co., Ltd.’s 

(Muyun Wood) requested a new shipper 

review. On July 29, 2015, Commerce 

initiated the requested new shipper 

review covering the period of December 

1, 2014, through May 31, 2015.1

On October 26, 2016, Commerce 

issued the Final Rescission.2 In the 

Final Rescission, Commerce determined 

that Muyun’s single sale was not bona 

fide and, accordingly, rescinded its new 

shipper review. Muyun Wood 

challenged Commerce’s findings in the 

Final Rescission at the CIT. 

On December 11, 2017, the CIT 

remanded for Commerce to determine 

whether Muyun Wood’s sale during the 

review period was bona fide.3 In 

accordance with the Court’s decision, 

Commerce reconsidered its previous 

analysis and continued to determine 

that Muyun Wood’s single sale was nonbona fide. Specifically, Commerce 

considered the following factors 

weighed against finding Muyun’s sale 

bona fide: (1) The price reported by 

Muyun Wood was significantly higher 

than the highest comparison sales price 

for identical merchandise reported 

during a contemporaneous period; (2) 

the evidence indicating that Muyun 

Wood’s unaffiliated and new customer 

did not resell the entirety of the 

merchandise at question for a profit; and 

(3) the singular nature of the sale. 

On July 16, 2018, the CIT held that 

Commerce’s ultimate conclusion that 

the sale was not bona fide was not 

supported by substantial evidence and 

that the rescission of the new shipper 

review cannot be upheld.4 The CIT 

found that the totality of the 

circumstances do not support a finding 

that the sale was not bona fide, given 

that the sales quantity was typical, the 

expenses incurred were normal, the sale 

was made at arm’s length, the payment 

timing was not atypical, and a 

substantial majority of the product was 

resold for a profit.5 The CIT entered 

judgment, ordering Commerce to 

proceed with Muyun Wood’s new 

shipper review. 

Timken Notice 

In its decision in Timken, as clarified 

by Diamond Sawblades, the CAFC held 

that, pursuant to section 516A(e) of the 

Tariff Act of 1930, as amended (the Act), 

Commerce must publish a notice of a 

court decision that is not ‘‘in harmony’’ 

with Commerce’s determination and 

must suspend liquidation of entries 

pending a ‘‘conclusive’’ court decision. 

The CIT’s July 16, 2018 final judgment, 

ordering Commerce to proceed with 

Muyun Wood’s new shipper review, 

constitutes a final decision of that court 

that is not in harmony with the Final 

Rescission.6 This notice is published in 

fulfillment of the publication 

requirements of Timken. 

This notice is issued and published in 

accordance with sections 516A(e)(1), 

751(a)(1), and 777(i)(1) of the Act. 

Dated: August 9, 2018. 

James Maeder, 

Associate Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations performing the duties of Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations. 

[FR Doc. 2018–17562 Filed 8–15–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–533–878] 

Stainless Steel Flanges From India: 

Final Affirmative Countervailing Duty 

Determination and Final Affirmative 

Determination of Critical 

Circumstances 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that 

countervailable subsidies are being 

provided to producers and exporters of 

stainless steel flanges from India during 

the period of investigation January 1, 

2016, through December 31, 2016. 

DATES: Applicable August 16, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Ryan Mullen or Chelsey Simonovich, 

AD/CVD Operations, Office V, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone (202) 482–5260 or 

(202) 482–1979, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 23, 2018, Commerce 

published the Preliminary 


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