[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Notices]
[Pages 1391-1393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00194]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Multilayered Wood Flooring From the People's Republic of China; 
Preliminary Results of Antidumping Duty New Shipper Review; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting 
a new shipper review of the antidumping duty order on multilayered wood 
flooring (``MLWF'') from the People's Republic of China (``PRC''). The 
review covers one exporter of subject merchandise, Linyi Anying Wood 
Co., Ltd., (``Anying''). We preliminarily find that Anying has not made 
sales of subject merchandise at less than normal value. The period of 
review (``POR'') for Anying is December 1, 2012, through November 30, 
2013.\1\
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    \1\ See Multilayered Wood Flooring from the People's Republic of 
China: Initiation of Antidumping Duty New Shipper Review, 79 FR 5374 
(January 31, 2014) (``Initiation Notice'').

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DATES: Effective Date: January 9, 2015.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Robert Bolling, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5831 or (202) 482-3434, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise covered by the order includes MLWF, subject to 
certain exceptions.\2\ The subject merchandise is currently 
classifiable under Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheadings: 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; 4412.31.4075; 4412.31.4080; 4412.31.5125; 4412.31.5135; 
4412.31.5155; 4412.31.5165; 4412.31.6000; 4412.31.9100; 4412.32.0520; 
4412.32.0540; 4412.32.0560; 4412.32.0565; 4412.32.0570; 4412.32.2510; 
4412.32.2520; 4412.32.2525; 4412.32.2530; 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;

[[Page 1392]]

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; 
4412.99.5105; 4412.99.5115; 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; 4418.72.9500; and 9801.00.2500.
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    \2\ See Memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance``Decision Memorandum for Preliminary Results of 
Antidumping Duty New Shipper Review, 2012-2013: Multilayered Wood 
Flooring from the People's Republic of China,'' dated December 31, 
2014 (``Preliminary Decision Memorandum'') for a full description of 
the Scope of the Order.
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    The HTSUS subheadings are provided for convenience and customs 
purposes only; the written description of the scope of the order is 
dispositive.

Extension of Deadlines for Preliminary Results

    On June 27, 2014, the Department extended the time period for 
issuing the preliminary results of this review by 120 days, until 
November 20, 2014.\3\ On November 12, 2014, the Department aligned this 
new shipper review with the second administrative review of MLWF from 
the PRC.\4\ On November 20, 2014, the Department extended the 
preliminary results until December 31, 2014, to align with the second 
administrative review of this proceeding.\5\
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    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
regarding ``Multilayered Wood Flooring from the People's Republic of 
China: Extension of Deadline for Preliminary Results of Antidumping 
Duty New Shipper Review'' (June 27, 2014).
    \4\ See Memorandum to the File, regarding ``Alignment of the New 
Shipper Review of Multilayered Wood Flooring from the People's 
Republic of China with the Second Administrative Review of 
Multilayered Wood Flooring from the People's Republic of China,'' 
dated November 12, 2014.
    \5\ See Memorandum to the File, regarding ``Extension of 
Deadline for the Preliminary Results of the New Shipper Review of 
Multilayered Wood Flooring from the People's Republic of China,'' 
dated November 20, 2014.
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Methodology

    The Department is conducting this review in accordance with 
sections 751(a)(1)(B) and 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (``the Act'') and 19 CFR 351.214. The Department calculated 
export prices in accordance with section 772 of the Act. Because the 
PRC is a nonmarket economy country (``NME'') within the meaning of 
section 771(18) of the Act, the Department calculated normal value in 
accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, dated 
concurrently with these results and hereby adopted by this notice. The 
Preliminary 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'').\6\ ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
Internet at http://enforcement.trade.gov/frn. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
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    \6\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (``ACCESS''). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
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Preliminary Results of New Shipper Review

    The Department preliminarily determines that the following 
weighted-average dumping margin exists for the POR from December 1, 
2012 through November 30, 2013:

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                                                                                      Weighted-average dumping
                   Exporter                                  Producer                     margin (percent)
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Linyi Anying Wood Co., Ltd....................  Linyi Anying Wood Co., Ltd.......                          0.00
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Disclosure and Public Comment

    The Department intends to disclose calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit case briefs no later than 30 days after 
the date of publication of these preliminary results of review.\7\ 
Rebuttals to case briefs may be filed no later than five days after the 
time limit for filing case briefs.\8\ A table of contents, list of 
authorities used, and an executive summary of issues should accompany 
any briefs submitted to the Department. This summary should be limited 
to five pages total, including footnotes.
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    \7\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general 
filing requirements).
    \8\ See 19 CFR 351.309(d).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\9\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\10\
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    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of this new 
shipper review, which will include the results of its analysis of 
issues raised in any such comments, within 90 days of publication of 
these preliminary results, pursuant to section 751(a)(2)(B)(iv) of the 
Act.

Assessment Rates

    Upon issuing the final results of this new shipper review, the 
Department shall determine, and U.S. Customs and Border Protection 
(``CBP'') shall assess, antidumping duties on all appropriate entries. 
The Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of the final results of this new shipper 
review. If the individually examined respondent's weighted-average 
dumping margin is above de minimis, we will calculate importer-specific 
ad valorem duty assessment rates based on the ratio of the total amount 
of dumping calculated for the importer's examined sales to the total 
entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\11\
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    \11\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).

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[[Page 1393]]

    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this new shipper review when the 
importer-specific assessment rate calculated in the final results of 
this review is above de minimis. Where either the respondent's 
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
The Department announced a refinement to its assessment practice in NME 
cases. Pursuant to this refinement in practice, for entries that were 
not reported in the U.S. sales databases submitted by Anying for this 
new shipper review, the Department will instruct CBP to liquidate such 
entries at the PRC-wide rate. In addition, if the Department determines 
that the exporter under review had no shipments of the subject 
merchandise, any suspended entries that entered under that exporter's 
case number (i.e., at that exporter's rate) will be liquidated at the 
PRC-wide rate.\12\
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    \12\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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    The final results of this new shipper review shall be the basis for 
the assessment of antidumping duties on entries of merchandise covered 
by the final results of this review and for future deposits of 
estimated duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this new shipper review for 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For the companies 
listed above that have a separate rate, the cash deposit rate will be 
that rate established in the final results of this new shipper review 
(except, if the rate is zero or de minimis, then a zero cash deposit 
will be required); (2) for previously investigated or reviewed PRC and 
non-PRC exporters not listed above that received a separate rate in a 
prior segment of this proceeding, the cash deposit rate will continue 
to be the existing producer/exporter-specific combination rate; (3) for 
all PRC 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 
PRC-wide entity, or 58.84 percent; and (4) for all non-PRC exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC producer/exporter 
combination that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a preliminary 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 review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act and 19 CFR 351.214.

    Dated: December 30, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I-List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Bona Fide Sale Analysis
6. Non-Market Economy Country Status
7. Separate Rates
8. Absence of De Jure Control
9. Absence of De Facto Control
10. Surrogate Country
11. Economic Comparability
12. Significant Producer of Comparable Merchandise
13. Data Availability
14. Date of Sale
15. Fair Value Comparisons
16. Differential Pricing Analysis
17. Results of the Differential Pricing Analysis
18. U.S. Price
19. Value Added Tax
20. Normal Value
21. Factor Valuations
22. Currency Conversion
23. Section 777A(f) of the Act
[FR Doc. 2015-00194 Filed 1-8-15; 8:45 am]
BILLING CODE 3510-DS-P