14628 Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Notices 

1See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 85 FR 

6896 (February 6, 2020) (Initiation Notice); see also 

Multilayered Wood Flooring from the People’s 

Republic of China: Amended Final Determination 

of Sales at Less Than Fair Value and Antidumping 

Duty Order, 76 FR 76690 (December 8, 2011) 

(Order). 

2See Jinlong’s Letter, ‘‘Separate Rate 

Certification,’’ dated March 9, 2020. 

3See Multilayered Wood Flooring from the 

People’s Republic of China: Preliminary Results of 

the Antidumping Duty Administrative Review, 

Preliminary Determination of No Shipments, 

Preliminary Successor in-Interest Determination, 

and Rescission of Review, in Part; 2018–2019, 86 FR 

22016 (April 26, 2021), and accompanying 

Preliminary Decision Memorandum. 

4See Jinlong’s Letter, ‘‘Jinlong Notice of Intent 

Not to Participate,’’ dated April 14, 2020. 

5See Multilayered Wood Flooring from the 

People’s Republic of China: Final Results of 

Antidumping Duty Administrative Review, Final 

Determination of No Shipments, and Partial 

Rescission; 2018–2019, 86 FR 59987 (October 29, 

2021) (Final Results), and accompanying Issues and 

Decision Memorandum at Comment 1. 

6 Id. 

7See Final Results, 86 FR at 59988. 

8See American Manufacturers of Multilayered 

Wood Flooring v. United States, Court No. 21– 

00595 (March 21, 2023). 

may listen to the meetings. At the 

meetings, an open comment period will 

be provided to allow members of the 

public to make a statement as time 

allows. Per the Federal Advisory 

Committee Act, public minutes of the 

meetings will include a list of persons 

who are present at the meetings. If 

joining via phone, callers can expect to 

incur regular charges for calls they 

initiate over wireless lines, according to 

their wireless plan. The Commission 

will not refund any incurred charges. 

Callers will incur no charge for calls 

they initiate over land-line connections 

to the toll-free telephone number. 

Closed captioning will be available for 

individuals who are deaf, hard of 

hearing, or who have certain cognitive 

or learning impairments. To request 

additional accommodations, please 

email ebohor@usccr.gov at least 10 

business days prior to the meetings. 

Members of the public are entitled to 

submit written comments; the 

comments must be received in the 

regional office within 30 days following 

the meetings. Written comments may be 

emailed to Barbara Delaviez at 

bdelaviez@usccr.gov. Persons who 

desire additional information may 

contact the Regional Programs 

Coordination Unit at 1–312–353–8311. 

Records generated from these 

meetings may be inspected and 

reproduced at the Regional Programs 

Coordination Unit Office, as they 

become available, both before and after 

the meetings. Records of meetings will 

be available via www.facadatabase.gov 

under the Commission on Civil Rights, 

Colorado Advisory Committee link. 

Persons interested in the work of this 

Committee are directed to the 

Commission’s website, http://

www.usccr.gov, or may contact the 

Regional Programs Coordination Unit at 

ebohor@usccr.gov. 

Agenda for Both Meeting Dates 

I. Welcome and Roll Call 

II. Report Stage: Public School 

Attendance Zones 

III. Discuss Next Steps 

IV. Public Comment 

V. Adjournment 

Dated: February 23, 2024. 

David Mussatt, 

Supervisory Chief, Regional Programs Unit. 

[FR Doc. 2024–04120 Filed 2–27–24; 8:45 am] 

BILLING CODE 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 Duty 

Administrative Review; Notice of 

Amended Final Results 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On February 8, 2024, the U.S. 

Court of International Trade (CIT) 

issued its final judgment in American 

Manufacturers of Multilayered Wood 

Flooring v. United States, Court No. 21– 

00595, Slip Op. 24–13 (CIT February 8, 

2024), sustaining the U.S. Department of 

Commerce’s (Commerce) 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 December 1, 

2018, through November 30, 2019. 

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 certain non-individuallyexamined companies. 

DATES: Applicable February 18, 2024. 

FOR FURTHER INFORMATION CONTACT: 

David Williams, 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) 482–4338. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 6, 2020, Commerce 

published the notice of initiation of the 

2018–2019 AD administrative review of 

the Order.1 Commerce subsequently 

received a separate rate certification 

(SRC) from 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),2 among other 

companies. Commerce selected Jinlong 

and Senmao Bamboo and Wood 

Industry Co., Ltd. (Senmao) as 

mandatory respondents and issued AD 

questionnaires to both companies.3 On 

April 14, 2020, Jinlong notified 

Commerce that it did not intend to 

participate in the administrative 

review.4

On October 29, 2021, Commerce 

published its Final Results, in which 

Commerce determined that Jinlong did 

not establish eligibility for a separate 

rate because it failed to respond to 

Section A of Commerce’s AD 

questionnaire, which included 

questions relevant to demonstrating 

eligibility for a separate rate.5 Although 

Jinlong submitted an SRC on the record, 

Commerce explained that, consistent 

with its Initiation Notice and prior 

practice, companies that file SRCs and 

are later selected as mandatory 

respondents are not considered eligible 

for a separate rate unless they respond 

to the AD questionnaire.6 In denying 

Jinlong a separate rate, Commerce found 

that Jinlong was part of the China-wide 

entity which was subject to a weightedaverage dumping margin of 85.13 

percent. Commerce calculated a zero 

percent weighted-average dumping 

margin for Senmao.7 Commerce 

assigned a zero percent weightedaverage dumping margin to each of the 

separate-rate companies not 

individually examined in the review. 

The American Manufacturers of 

Multilayered Wood Flooring (AMMWF) 

appealed Commerce’s Final Results. On 

March 21, 2023, the CIT remanded the 

Final Results to Commerce, directing 

Commerce to reconsider whether 

Jinlong was eligible for a separate rate 

based on its SRC, notwithstanding its 

failure to respond to Commerce’s AD 

questionnaire.8 The CIT held that, 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Notices 14629 

9 Id. 

10As explained in the final remand 

redetermination, we determined Jinlong is eligible 

for a separate rate ‘‘for the sole purpose of 

calculating the rate for the separate rate respondents 

that have entries enjoined for this period of review 

because Jinlong is not a party to this litigation and 

does not have entries enjoined for this period of 

review.’’ See Final Results of Remand 

Redetermination, American Manufacturers of 

Multilayered Wood Flooring v. United States, CIT 

Court No. 21–00595, dated August 8, 2023. 

11See American Manufacturers of Multilayered 

Wood Flooring v. United States, Slip Op. 24–13, 

dated February 8, 2024. 

12See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

13See Diamond Sawblades Manufacturers 

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

2010) (Diamond Sawblades). 

14See Appendix II for a list of these companies. 

15See Appendix I. 

16See Appendix II. 

because Commerce accepted SRCs for 

other non-individually examined 

respondents as sufficient evidence to 

grant separate rates, this disparate 

treatment of respondents who appear to 

be similarly situated is arbitrary and 

capricious.9

In its final remand redetermination, 

issued in August 2023, Commerce (1) 

evaluated Jinlong’s eligibility for a 

separate rate based on its SRC and 

assigned Jinlong a weighted-average 

dumping margin based on adverse facts 

available (AFA) in accordance with 

sections 776(a) and (b) of the Tariff Act 

of 1930, as amended (the Act), because 

Jinlong did not cooperate to the best of 

its ability by failing to respond to the 

AD questionnaire; and (2) recalculated 

the dumping margin assigned to the 

eligible separate-rate companies not 

selected for individual examination.10

Commerce assigned the simple average 

of Jinlong’s AFA-based margin and 

Senmao’s zero percent margin (i.e., 

42.57 percent) to eligible separate-rate 

companies.12 The CIT sustained 

Commerce’s final redetermination.11

Timken Notice 

In its decision in Timken,12 as 

clarified by Diamond Sawblades,13 the 

Court of Appeals for the Federal Circuit 

held that, pursuant to sections 516A(c) 

and (e) of 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 

February 8, 2024, 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 the eligible 

separate-rate companies not selected for 

individual examination as follows: 

Exporter 

Dumping 

margin 

(percent) 

Non-Individually-Examined Companies 14 .................................. 42.57 

Cash Deposit Requirements 

Because certain separate rate 

respondents have a superseding cash 

deposit rate, i.e., there have been final 

results published in a subsequent 

administrative review, Commerce will 

not issue revised cash deposit 

instructions to U.S. Customs and Border 

Protection (CBP) for those companies. 

However, Commerce will issue revised 

cash deposit instructions to CBP for the 

separate rate respondents that do not 

have a superseding cash deposit rate.15

Liquidation of Suspended Entries 

At this time, Commerce remains 

enjoined by CIT order from liquidating 

entries that were exported by the nonindividually-examined separate rate 

respondents 16 and were entered, or 

withdrawn from warehouse, for 

consumption during the period 

December 1, 2018, through November 

30, 2019. 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 the nonindividually 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 at the AD rate noted in 

the table above. 

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. 

Dated: February 20, 2024. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations, performing the non-exclusive 

functions and duties of the Assistant 

Secretary for Enforcement and Compliance. 

Appendix I 

Non-Individually-Examined Companies 

Receiving a Separate Rate 

Arte Mundi (Shanghai) Aesthetic Home 

Furnishings Co., Ltd. (successor-ininterest to Scholar Home (Shanghai) 

New Material Co., Ltd.) 

Dalian Jiahong Wood Industry Co., Ltd. 

Dongtai Fuan Universal Dynamics, LLC 

Dunhua City Hongyuan Wood Industry 

Co., Ltd. 

Hailin Linjing Wooden Products Co., 

Ltd. 

Hunchun Xingjia Wooden Flooring Inc. 

Huzhou Chenghang Wood Co., Ltd 

Huzhou Sunergy World Trade Co., Ltd. 

Jiangsu Keri Wood Co., Ltd. 

Jiangsu Mingle Flooring Co., Ltd 

Jiangsu Simba Flooring Co., Ltd. 

Jiashan On-Line Lumber Co., Ltd. 

Kingman Floors Co., Ltd. 

Linyi Youyou Wood Co., Ltd. 

Pinge Timber Manufacturing (Zhejiang) 

Co., Ltd. 

Sino-Maple (Jiangsu) Co., Ltd. 

Suzhou Dongda Wood Co., Ltd. 

Tongxiang Jisheng Import and Export 

Co., Ltd. 

Zhejiang Longsen Lumbering Co., Ltd 

Appendix II 

Companies Subject to Injunction 

A&W (Shanghai) Woods Co., Ltd. 

Arte Mundi (Shanghai) Aesthetic Home 

Furnishings Co., Ltd. (successor-ininterest to Scholar Home (Shanghai) 

New Material Co., Ltd.) 

Benxi Wood Company 

Dalian Jiahong Wood Industry Co., Ltd. 

Dalian Kemian Wood Industry Co., Ltd. 

Dalian Penghong Floor Products Co., 

Ltd./Dalian Shumaike Floor 

Manufacturing Co., Ltd. 

Dongtai Fuan Universal Dynamics, LLC 

Dun Hua Sen Tai Wood Co., Ltd. 

Dunhua City Hongyuan Wood Industry 

Co., Ltd. 

Dunhua Shengda Wood Industry Co., 

Ltd 

Hailin Linjing Wooden Products Co., 

Ltd. 

Hunchun Xingjia Wooden Flooring Inc. 

Huzhou Chenghang Wood Co., Ltd. 

Huzhou Fulinmen Imp. & Exp. Co., Ltd. 

Huzhou Jesonwood Co., Ltd. 

Huzhou Sunergy World Trade Co., Ltd 

Jiangsu Guyu International Trading Co., 

Ltd 

Jiangsu Keri Wood Co., Ltd 

Jiangsu Mingle Flooring Co., Ltd. 

Jiangsu Simba Flooring Co., Ltd. 


ddrumheller on DSK120RN23PROD with NOTICES1
14630 Federal Register / Vol. 89, No. 40 / Wednesday, February 28, 2024 / Notices 

Jiashan HuiJiaLe Decoration Material 

Co., Ltd 

Jiashan On-Line Lumber Co., Ltd. 

Jiaxing Hengtong Wood Co., Ltd 

Kemian Wood Industry (Kunshan) Co., 

Ltd. 

Kingman Floors Co., Ltd. 

Linyi Youyou Wood Co., Ltd. 

Metropolitan Hardwood Floors, Inc. 

Pinge Timber Manufacturing (Zhejiang) 

Co., Ltd. 

Sino-Maple (Jiangsu) Co., Ltd 

Suzhou Dongda Wood Co., Ltd. 

Tongxiang Jisheng Import and Export 

Co., Ltd. 

Yihua Lifestyle Technology Co., Ltd. 

(successor-in-interest to Guangdong 

Yihua Timber Industry Co., Ltd.) 

Zhejiang Dadongwu Greenhome Wood 

Co., Ltd. 

Zhejiang Fuerjia Wooden Co., Ltd 

Zhejiang Longsen Lumbering Co., Ltd. 

[FR Doc. 2024–04074 Filed 2–27–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[Application No. 90–9A007] 

Export Trade Certificate of Review 

ACTION: Notice of application for an 

amended Export Trade Certificate of 

Review for the United States Surimi 

Commission, Application No. 90– 

9A007. 

SUMMARY: The Secretary of Commerce, 

through the Office of Trade and 

Economic Analysis (OTEA) of the 

International Trade Administration, has 

received an application for an amended 

Export Trade Certificate of Review 

(Certificate). This notice summarizes the 

proposed application and seeks public 

comments on whether the Certificate 

should be issued. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Flynn, Director, OTEA, 

International Trade Administration, 

(202) 482–5131 (this is not a toll-free 

number) or email at etca@trade.gov. 

SUPPLEMENTARY INFORMATION: Title III of 

the Export Trading Company Act of 

1982 (15 U.S.C. 4011–21) authorizes the 

Secretary of Commerce to issue Export 

Trade Certificates of Review. An Export 

Trade Certificate of Review protects the 

holder and the members identified in 

the Certificate from State and Federal 

government antitrust actions and from 

private treble damage antitrust actions 

for the export conduct specified in the 

Certificate and carried out in 

compliance with its terms and 

conditions. The regulations 

implementing Title III are found at 15 

CFR part 325. OTEA is issuing this 

notice pursuant to 15 CFR 325.6(a), 

which requires the Secretary of 

Commerce to publish a summary of the 

application in the Federal Register, 

identifying the applicant and each 

member and summarizing the proposed 

export conduct. 

Request for Public Comments 

Interested parties may submit written 

comments relevant to the determination 

whether a Certificate should be issued. 

If the comments include any privileged 

or confidential business information, it 

must be clearly marked and a 

nonconfidential version of the 

comments (identified as such) should be 

included. Any comments not marked as 

privileged or confidential business 

information will be deemed to be 

nonconfidential. 

Written comments should be sent to 

ETCA@trade.gov. An original and two 

(2) copies should also be submitted no 

later than 20 days after the date of this 

notice to: Office of Trade and Economic 

Analysis, International Trade 

Administration, U.S. Department of 

Commerce, Room 21028, Washington, 

DC 20230. 

Information submitted by any person 

is exempt from disclosure under the 

Freedom of Information Act (5 U.S.C. 

552). However, nonconfidential versions 

of the comments will be made available 

to the applicant if necessary for 

determining whether or not to issue the 

Certificate. Comments should refer to 

this application as ‘‘Export Trade 

Certificate of Review, application 

number No. 90–9A007.’’ 

Summary of the Application 

Applicant: United States Surimi 

Commission, c/o Mundt MacGregor 

L.L.P., 271 Wyatt Way NE, Suite 106, 

Bainbridge Island, Washington USA 

98110. 

Contact: Duncan R. McIntosh, 

Attorney at Law, Mundt MacGregor 

L.L.P. 

Application No.: 90–9A007. 

Date Deemed Submitted: February 13, 

2024. 

Proposed Amendment: United States 

Surimi Commission seeks to amend its 

Certificate as follows: 

1. Add the following entities as 

Members of the Certificate within the 

meaning of section 325.2(l) of the 

Regulations (15 CFR 325.2(l)): 

• Arctic Fjord II LLC 

• Arctic Storm Holding Company LLC 

• Coastal Alaska Premier Seafoods, LLC 

• F/V Neahkahnie LLC 

• Fishery Investments, Ltd. 

• Phoenix Processor Limited 

Partnership 

2. Remove the following companies as 

Members of the Certificate: 

• AF International, Inc. 

• Aleutian Spray Fisheries, Inc 

• Fjord Seafoods LLC 

• Fjord Fisheries General Partnership 

• NWPI, Inc. 

• Starbound LLC 

United States Surimi Commission’s 

proposed amendment of its Certificate 

would result in the following 

Membership list: 

1. American Seafoods Company LLC, 

Seattle, WA 

2. American Seafoods Japan, Ltd., 

Seattle, WA 

3. AS Europe ApS, Seattle, WA 

4. American Seafoods China (Dalian) 

Ltd., Seattle, WA 

5. Arctic Storm, Inc., Seattle, WA 

6. Arctic Storm International, Inc., 

Seattle, WA 

7. Arctic Fjord, Inc., Seattle, WA 

8. Arctic Fjord II LLC, Seattle, WA 

9. F/V Neahkahnie LLC, Seattle, WA 

10. Arctic Storm Management Group 

LLC, Seattle, WA 

11. Arctic Storm Holding Company LLC, 

Seattle, WA 

12. Glacier Fish Company LLC, Seattle, 

WA 

13. ASM Export Co., Seattle, WA 

14. Coastal Alaska Premier Seafoods, 

LLC, Anchorage, AK 

15. Phoenix Processor Limited 

Partnership, Seattle, WA 

16. Fishery Investments, Ltd., Seattle, 

WA 

Dated: February 23, 2024. 

Joseph Flynn, 

Director, Office of Trade and Economic 

Analysis, International Trade Administration, 

U.S. Department of Commerce. 

[FR Doc. 2024–04083 Filed 2–27–24; 8:45 am] 

BILLING CODE 3510–DR–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–909] 

Certain Steel Nails From the People’s 

Republic of China: Final Results of 

Antidumping Duty Administrative 

Review and Determination of No 

Shipments; 2021–2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

Shanghai Yueda Nails Co., Ltd., a.k.a. 

Shanghai Yueda Nails Industry Co., Ltd. 


ddrumheller on DSK120RN23PROD with NOTICES1