80_FR_13377 80 FR 13328 - Initiation of Antidumping Duty Changed Circumstances Review: Multilayered Wood Flooring From the People's Republic of China

80 FR 13328 - Initiation of Antidumping Duty Changed Circumstances Review: Multilayered Wood Flooring From the People's Republic of China

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 49 (March 13, 2015)

Page Range13328-13330
FR Document2015-05830

The Department of Commerce (``the Department'') has received information sufficient to warrant initiation of a changed circumstances review (``CCR'') of the antidumping duty order on multilayered wood flooring from the People's Republic of China (``PRC''). Based upon a request filed by Sino-Maple (JiangSu) Co., Ltd. (``Sino-Maple''), an exporter of multilayered wood flooring to the United States, the Department is initiating a CCR to determine whether Sino-Maple is the successor-in-interest to Jiafeng Wood (Suzhou) Co., Ltd. (``Jiafeng'') for purposes of the antidumping duty order on multilayered wood flooring from PRC and, as such, is entitled to Jiafeng's cash deposit rate with respect to entries of subject merchandise.

Federal Register, Volume 80 Issue 49 (Friday, March 13, 2015)
[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Notices]
[Pages 13328-13330]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05830]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Initiation of Antidumping Duty Changed Circumstances Review: 
Multilayered Wood Flooring From the People's Republic of China

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') has received 
information sufficient to warrant initiation of a changed circumstances 
review (``CCR'') of the antidumping duty order on multilayered wood 
flooring from the People's Republic of China (``PRC''). Based upon a 
request filed by Sino-Maple (JiangSu) Co., Ltd. (``Sino-Maple''), an 
exporter of multilayered wood flooring to the United States, the 
Department is initiating a CCR to determine whether Sino-Maple is the 
successor-in-interest to Jiafeng Wood (Suzhou) Co., Ltd. (``Jiafeng'') 
for purposes of the antidumping duty order on multilayered wood 
flooring from PRC and, as such, is entitled to Jiafeng's cash deposit 
rate with respect to entries of subject merchandise.

DATES: Effective Date: March 13, 2015.

FOR FURTHER INFORMATION CONTACT: James Martinelli or Charles Riggle, 
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-
2923 or (202) 482-0650, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 23, 2014, Sino-Maple requested that the Department 
initiate an expedited CCR to confirm that Sino-Maple is the successor-
in-interest to Jiafeng for purposes of determining antidumping duty 
liabilities.\1\ On January 16, 2015, Sino-Maple responded to the 
supplemental questionnaire issued by the Department on January 9, 
2015.\2\ On February 4, 2015, the Department extended the time period 
for determining whether to initiate a CCR by 30 days, until March 8, 
2015.\3\ On February 10, 2015, Sino-Maple responded to the Department's 
second supplemental questionnaire, which was issued on February 4, 
2015.\4\ We received no comments opposing Sino-Maple's request.
---------------------------------------------------------------------------

    \1\ See Letter from Sino-Maple to the Department regarding, 
``Multilayered Wood Flooring from the PRC: Request of Sino-Maple 
(Jiangsu) Co., Ltd. and Jiafeng Wood (Suzhou) Co., Ltd. for Changed 
Circumstances Review'' (December 23, 2014) (``CCR Request'').
    \2\ See Letter from Sino-Maple to the Department, regarding 
``Multilayered Wood Flooring from the PRC: Response of Sino-Maple 
(Jiangsu) Co., Ltd. and Jiafeng Wood (Suzhou) Co., Ltd. to 
Supplemental Changed Circumstances Review Questionnaire'' (January 
16, 2015).
    \3\ See Letter from the Department to Sino-Maple ``Multilayered 
Wood Flooring from the People's Republic of China: Request for a 
Changed Circumstances Review'' (February 4, 2015).
    \4\ See Letter from Sino-Maple to the Department ``Multilayered 
Wood Flooring from the PRC: Response of Sino-Maple (Jiangsu) Co., 
Ltd. and Jiafeng Wood (Suzhou) Co., Ltd. to Second Supplemental 
Changed Circumstances Review Questionnaire'' (February 10, 2015) 
(``Second Supplemental Response'').
---------------------------------------------------------------------------

Scope of the Order

    Multilayered wood flooring is composed of an assembly of two or 
more layers or plies of wood veneer(s) 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 water-based 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 hand-scraped. 
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

[[Page 13329]]

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, medium-density fiberboard, high-density fiberboard 
(``HDF''), stone and/or plastic composite, or strips of lumber placed 
edge-to-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 HDF, 
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; 
4418.72.9500; and 9801.00.2500.
    While HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the subject merchandise is 
dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(``the Act'') and 19 CFR 351.216(d), the Department will conduct a CCR 
upon receipt of information concerning, or a request from an interested 
party for a review of, an antidumping duty order which shows changed 
circumstances sufficient to warrant a review of the order. The 
information submitted by Sino-Maple claiming that Sino-Maple is the 
successor-in-interest to Jiafeng demonstrates changed circumstances 
sufficient to warrant a review.\5\ Therefore, in accordance with 
section 751(b)(1) of the Act and 19 CFR 351.216(d), the Department is 
initiating a CCR to determine whether Sino-Maple is the successor-in-
interest to Jiafeng.
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------

    In determining whether one company is the successor to another for 
purposes of applying the antidumping duty law, the Department examines 
a number of factors including, but not limited to, changes in (1) 
management, (2) production facilities, (3) suppliers, and (4) customer 
base.\6\ While no one or several of these factors will necessarily 
provide a dispositive indication of succession, the Department will 
generally consider one company to be the successor to another company 
if its resulting operation is essentially the same as that of its 
predecessor.\7\ Thus, if the evidence demonstrates that, with respect 
to the production and sale of the subject merchandise, the new company 
operates as the same business entity as the prior company, the 
Department will assign the new company the cash deposit rate of its 
predecessor.\8\
---------------------------------------------------------------------------

    \6\ See, e.g., Initiation and Preliminary Results of Antidumping 
Duty Changed Circumstances Review: Multilayered Wood Flooring From 
the People's Republic of China, 79 FR 48117, 48118 (August 15, 
2014), unchanged in Multilayered Wood Flooring From the People's 
Republic of China: Final Results of Changed Circumstances Review, 79 
FR 58740 (September 30, 2014).
    \7\ Id.
    \8\ See Notice of Final Results of Changed Circumstances Review: 
Polychloroprene Rubber from Japan, 69 FR 67890 (November 22, 2004) 
citing, Brass Sheet and Strip from Canada: Notice of Final Results 
of Antidumping Duty Administrative Review, 57 FR 20460 (May 13, 
1992); and, Certain Circular Welded Carbon Steel Pipes and Tubes 
from Taiwan: Initiation of Antidumping Duty Changed Circumstance 
Review, 70 FR 17063 (April 4, 2005).
---------------------------------------------------------------------------

    Based on the information provided in its CCR Request and responses 
to questionnaires issued by the Department, Sino-Maple has provided 
sufficient evidence to warrant a review to determine if Sino-Maple is 
the successor-in-interest to Jiafeng for purposes of the antidumping 
duty order on multilayered wood flooring from the PRC. However, the 
Department finds it necessary to issue further questionnaires 
requesting additional information for this review, as provided for by 
19 CFR 351.221(b)(2). For this reason, the Department is not conducting 
this review on an expedited basis by publishing preliminary results in 
conjunction with this notice of initiation.
    Specifically, the Department intends to issue further 
questionnaires to Sino-Maple regarding the legal status of its 
purported predecessor company, Jiafeng. Based on the information 
provided by Sino-Maple, Jiafeng began a mandatory 180-day liquidation 
period on December 29, 2014, during which its business license and 
registration number are suspended.\9\ Upon completion of the mandatory 
180-day liquidation period, according to Sino-Maple the liquidation of 
Jiafeng will be complete and the company will be terminated.\10\ At 
that time, the Department intends to issue a supplemental questionnaire 
requesting that Sino-Maple submit evidence that Jiafeng's liquidation 
is complete and that Jiafeng has been terminated.
---------------------------------------------------------------------------

    \9\ See Second Supplemental Response, at 1, 3.
    \10\ Id. at 1.
---------------------------------------------------------------------------

    Therefore, the Department will not publish the preliminary results 
of this review until after Jiafeng has completed the mandatory 180-day 
liquidation period. The Department will publish in the Federal Register 
a notice of preliminary results of the CCR in accordance with 19 CFR 
351.221(b)(4) and 19 CFR 351.221(c)(3)(i). That notice will set forth 
the factual and legal conclusions upon which our preliminary results 
are based and a description of any action proposed.
    Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have 
an opportunity to comment on the preliminary results of review. In

[[Page 13330]]

accordance with 19 CFR 351.216(e), the Department intends to issue the 
final results of its antidumping duty CCR not later than 270 days after 
the date on which the review was initiated.
    This notice is published in accordance with sections 751(b)(l) and 
777(i)(l) of the Act and 19 CFR 351.216(b) and 351.221(b)(1).

    Dated: March 9, 2015.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2015-05830 Filed 3-12-15; 8:45 am]
BILLING CODE 3510-DS-P



                                                  13328                           Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices

                                                  creators, right holders, businesses that                DEPARTMENT OF COMMERCE                                for determining whether to initiate a
                                                  use copyrighted works, Internet                                                                               CCR by 30 days, until March 8, 2015.3
                                                  intermediaries, and consumer and                        International Trade Administration                    On February 10, 2015, Sino-Maple
                                                  public interest groups. A draft agenda                                                                        responded to the Department’s second
                                                                                                          [A–570–970]
                                                  will be posted one week before the                                                                            supplemental questionnaire, which was
                                                  meeting.                                                Initiation of Antidumping Duty                        issued on February 4, 2015.4 We
                                                                                                          Changed Circumstances Review:                         received no comments opposing Sino-
                                                     The meeting will be webcast. The                                                                           Maple’s request.
                                                  agenda and webcast information will be                  Multilayered Wood Flooring From the
                                                  available on the Internet Policy Task                   People’s Republic of China                            Scope of the Order
                                                  Force Web site, http://www.ntia.doc.                    AGENCY:   Enforcement and Compliance,                    Multilayered wood flooring is
                                                  gov/internetpolicytaskforce, and the                    International Trade Administration,                   composed of an assembly of two or
                                                  USPTO’s Web site, http://                               Department of Commerce.                               more layers or plies of wood veneer(s)
                                                  www.uspto.gov.                                          SUMMARY: The Department of Commerce                   in combination with a core. The several
                                                     The meeting will be open to members                  (‘‘the Department’’) has received                     layers, along with the core, are glued or
                                                  of the public to attend, space permitting,              information sufficient to warrant                     otherwise bonded together to form a
                                                                                                          initiation of a changed circumstances                 final assembled product. Multilayered
                                                  on a first-come, first-served basis. Pre-
                                                                                                          review (‘‘CCR’’) of the antidumping duty              wood flooring is often referred to by
                                                  registration for the meeting is available                                                                     other terms, e.g., ‘‘engineered wood
                                                  at the ‘‘Register’’ tab at: http://events.              order on multilayered wood flooring
                                                                                                          from the People’s Republic of China                   flooring’’ or ‘‘plywood flooring.’’
                                                  SignUp4.com/EfficientOnline                                                                                   Regardless of the particular terminology,
                                                  Marketplace. The meeting will be                        (‘‘PRC’’). Based upon a request filed by
                                                                                                          Sino-Maple (JiangSu) Co., Ltd. (‘‘Sino-               all products that meet the description
                                                  physically accessible to people with                                                                          set forth herein are intended for
                                                                                                          Maple’’), an exporter of multilayered
                                                  disabilities. Individuals requiring                                                                           inclusion within the definition of
                                                                                                          wood flooring to the United States, the
                                                  accommodation, such as sign language                                                                          subject merchandise.
                                                                                                          Department is initiating a CCR to
                                                  interpretation, real-time captioning of                 determine whether Sino-Maple is the                      All multilayered wood flooring is
                                                  the webcast or other ancillary aids,                    successor-in-interest to Jiafeng Wood                 included within the definition of subject
                                                  should communicate their needs to                       (Suzhou) Co., Ltd. (‘‘Jiafeng’’) for                  merchandise, without regard to:
                                                  Hollis Robinson or Ann Chaitovitz,                      purposes of the antidumping duty order                dimension (overall thickness, thickness
                                                  Office of Policy and International                      on multilayered wood flooring from                    of face ply, thickness of back ply,
                                                  Affairs, United States Patent and                       PRC and, as such, is entitled to Jiafeng’s            thickness of core, and thickness of inner
                                                  Trademark Office, Madison Building,                     cash deposit rate with respect to entries             plies; width; and length); wood species
                                                  600 Dulany Street, Alexandria, VA                                                                             used for the face, back and inner
                                                                                                          of subject merchandise.
                                                  22314; telephone (571) 272–9300; email                                                                        veneers; core composition; and face
                                                                                                          DATES: Effective Date: March 13, 2015.                grade. Multilayered wood flooring
                                                  EfficientOnlineMarketplace@
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      included within the definition of subject
                                                  USPTO.gov at least seven (7) business                   James Martinelli or Charles Riggle, AD/               merchandise may be unfinished (i.e.,
                                                  days prior to the meeting. Attendees                    CVD Operations, Office IV, Enforcement                without a finally finished surface to
                                                  should arrive at least one-half hour prior              and Compliance, International Trade                   protect the face veneer from wear and
                                                  to the start of the meeting, and must                   Administration, U.S. Department of                    tear) or ‘‘prefinished’’ (i.e., a coating
                                                  present a valid government-issued                       Commerce, 14th Street and Constitution                applied to the face veneer, including,
                                                  photo identification upon arrival.                      Avenue NW., Washington, DC 20230;                     but not exclusively, oil or oil-modified
                                                  Persons who have pre-registered (and                    telephone: (202) 482–2923 or (202) 482–               or water-based polyurethanes, ultra-
                                                  received confirmation) will have seating                0650, respectively.                                   violet light cured polyurethanes, wax,
                                                  held until 15 minutes before the                        SUPPLEMENTARY INFORMATION:                            epoxy-ester finishes, moisture-cured
                                                  program begins. Members of the public                                                                         urethanes and acid-curing formaldehyde
                                                  will have an opportunity to make                        Background                                            finishes). The veneers may be also
                                                  comments at the meeting.                                   On December 23, 2014, Sino-Maple                   soaked in an acrylic-impregnated finish.
                                                    Dated: March 9, 2015.                                 requested that the Department initiate                All multilayered wood flooring is
                                                                                                          an expedited CCR to confirm that Sino-                included within the definition of subject
                                                  Michelle K. Lee,                                                                                              merchandise regardless of whether the
                                                                                                          Maple is the successor-in-interest to
                                                  Deputy Under Secretary of Commerce for                  Jiafeng for purposes of determining                   face (or back) of the product is smooth,
                                                  Intellectual Property and Deputy Director of                                                                  wire brushed, distressed by any method
                                                                                                          antidumping duty liabilities.1 On
                                                  the United States Patent and Trademark                                                                        or multiple methods, or hand-scraped.
                                                                                                          January 16, 2015, Sino-Maple responded
                                                  Office.                                                                                                       In addition, all multilayered wood
                                                                                                          to the supplemental questionnaire
                                                  Lawrence E. Strickling,                                 issued by the Department on January 9,                flooring is included within the
                                                  Assistant Secretary for Communications and              2015.2 On February 4, 2015, the                       definition of subject merchandise
                                                  Information.                                            Department extended the time period                   regardless of whether or not it is
                                                  [FR Doc. 2015–05765 Filed 3–12–15; 8:45 am]                                                                   manufactured with any interlocking or
                                                                                                             1 See Letter from Sino-Maple to the Department
                                                  BILLING CODE 3510–60–P
                                                                                                          regarding, ‘‘Multilayered Wood Flooring from the         3 See Letter from the Department to Sino-Maple

                                                                                                          PRC: Request of Sino-Maple (Jiangsu) Co., Ltd. and    ‘‘Multilayered Wood Flooring from the People’s
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          Jiafeng Wood (Suzhou) Co., Ltd. for Changed           Republic of China: Request for a Changed
                                                                                                          Circumstances Review’’ (December 23, 2014) (‘‘CCR     Circumstances Review’’ (February 4, 2015).
                                                                                                          Request’’).                                              4 See Letter from Sino-Maple to the Department
                                                                                                             2 See Letter from Sino-Maple to the Department,    ‘‘Multilayered Wood Flooring from the PRC:
                                                                                                          regarding ‘‘Multilayered Wood Flooring from the       Response of Sino-Maple (Jiangsu) Co., Ltd. and
                                                                                                          PRC: Response of Sino-Maple (Jiangsu) Co., Ltd.       Jiafeng Wood (Suzhou) Co., Ltd. to Second
                                                                                                          and Jiafeng Wood (Suzhou) Co., Ltd. to                Supplemental Changed Circumstances Review
                                                                                                          Supplemental Changed Circumstances Review             Questionnaire’’ (February 10, 2015) (‘‘Second
                                                                                                          Questionnaire’’ (January 16, 2015).                   Supplemental Response’’).



                                             VerDate Sep<11>2014   19:27 Mar 12, 2015   Jkt 235001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\13MRN1.SGM   13MRN1


                                                                                  Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices                                                   13329

                                                  connecting mechanism (for example,                      4412.94.9000; 4412.94.9500;                            assign the new company the cash
                                                  tongue-and-groove construction or                       4412.99.0600; 4412.99.1020;                            deposit rate of its predecessor.8
                                                  locking joints). All multilayered wood                  4412.99.1030; 4412.99.1040;                               Based on the information provided in
                                                  flooring is included within the                         4412.99.3110; 4412.99.3120;                            its CCR Request and responses to
                                                  definition of the subject merchandise                   4412.99.3130; 4412.99.3140;                            questionnaires issued by the
                                                  regardless of whether the product meets                 4412.99.3150; 4412.99.3160;                            Department, Sino-Maple has provided
                                                  a particular industry or similar                        4412.99.3170; 4412.99.4100;                            sufficient evidence to warrant a review
                                                  standard.                                               4412.99.5100; 4412.99.5710;                            to determine if Sino-Maple is the
                                                     The core of multilayered wood                        4412.99.6000; 4412.99.7000;                            successor-in-interest to Jiafeng for
                                                  flooring may be composed of a range of                  4412.99.8000; 4412.99.9000;                            purposes of the antidumping duty order
                                                  materials, including but not limited to                 4412.99.9500; 4418.71.2000;                            on multilayered wood flooring from the
                                                  hardwood or softwood veneer,                            4418.71.9000; 4418.72.2000;                            PRC. However, the Department finds it
                                                  particleboard, medium-density                           4418.72.9500; and 9801.00.2500.                        necessary to issue further questionnaires
                                                  fiberboard, high-density fiberboard                       While HTSUS subheadings are                          requesting additional information for
                                                  (‘‘HDF’’), stone and/or plastic                         provided for convenience and customs                   this review, as provided for by 19 CFR
                                                  composite, or strips of lumber placed                   purposes, the written description of the               351.221(b)(2). For this reason, the
                                                  edge-to-edge.                                           subject merchandise is dispositive.                    Department is not conducting this
                                                     Multilayered wood flooring products                                                                         review on an expedited basis by
                                                  generally, but not exclusively, may be in               Initiation of Changed Circumstances                    publishing preliminary results in
                                                  the form of a strip, plank, or other                    Review                                                 conjunction with this notice of
                                                  geometrical patterns (e.g., circular,                      Pursuant to section 751(b)(1) of the                initiation.
                                                  hexagonal). All multilayered wood                       Tariff Act of 1930, as amended (‘‘the                     Specifically, the Department intends
                                                  flooring products are included within                   Act’’) and 19 CFR 351.216(d), the                      to issue further questionnaires to Sino-
                                                  this definition regardless of the actual or             Department will conduct a CCR upon                     Maple regarding the legal status of its
                                                  nominal dimensions or form of the                       receipt of information concerning, or a                purported predecessor company,
                                                  product. Specifically excluded from the                 request from an interested party for a                 Jiafeng. Based on the information
                                                  scope are cork flooring and bamboo                      review of, an antidumping duty order                   provided by Sino-Maple, Jiafeng began a
                                                  flooring, regardless of whether any of                  which shows changed circumstances                      mandatory 180-day liquidation period
                                                  the sub-surface layers of either flooring               sufficient to warrant a review of the                  on December 29, 2014, during which its
                                                  are made from wood. Also excluded is                    order. The information submitted by                    business license and registration
                                                  laminate flooring. Laminate flooring                    Sino-Maple claiming that Sino-Maple is                 number are suspended.9 Upon
                                                  consists of a top wear layer sheet not                  the successor-in-interest to Jiafeng                   completion of the mandatory 180-day
                                                  made of wood, a decorative paper layer,                 demonstrates changed circumstances                     liquidation period, according to Sino-
                                                  a core-layer of HDF, and a stabilizing                  sufficient to warrant a review.5                       Maple the liquidation of Jiafeng will be
                                                  bottom layer.                                           Therefore, in accordance with section                  complete and the company will be
                                                     Imports of the subject merchandise                                                                          terminated.10 At that time, the
                                                                                                          751(b)(1) of the Act and 19 CFR
                                                  are provided for under the following                                                                           Department intends to issue a
                                                                                                          351.216(d), the Department is initiating
                                                  subheadings of the Harmonized Tariff                                                                           supplemental questionnaire requesting
                                                                                                          a CCR to determine whether Sino-Maple
                                                  Schedule of the United States                                                                                  that Sino-Maple submit evidence that
                                                                                                          is the successor-in-interest to Jiafeng.
                                                  (‘‘HTSUS’’): 4412.31.0520;                                                                                     Jiafeng’s liquidation is complete and
                                                                                                             In determining whether one company
                                                  4412.31.0540; 4412.31.0560;                                                                                    that Jiafeng has been terminated.
                                                                                                          is the successor to another for purposes
                                                  4412.31.2510; 4412.31.2520;                                                                                       Therefore, the Department will not
                                                                                                          of applying the antidumping duty law,
                                                  4412.31.4040; 4412.31.4050;                                                                                    publish the preliminary results of this
                                                                                                          the Department examines a number of
                                                  4412.31.4060; 4412.31.4070;                                                                                    review until after Jiafeng has completed
                                                                                                          factors including, but not limited to,
                                                  4412.31.5125; 4412.31.5135;                                                                                    the mandatory 180-day liquidation
                                                  4412.31.5155; 4412.31.5165;                             changes in (1) management, (2)                         period. The Department will publish in
                                                  4412.31.3175; 4412.31.6000;                             production facilities, (3) suppliers, and              the Federal Register a notice of
                                                  4412.31.9100; 4412.32.0520;                             (4) customer base.6 While no one or                    preliminary results of the CCR in
                                                  4412.32.0540; 4412.32.0560;                             several of these factors will necessarily              accordance with 19 CFR 351.221(b)(4)
                                                  4412.32.2510; 4412.32.2520;                             provide a dispositive indication of                    and 19 CFR 351.221(c)(3)(i). That notice
                                                  4412.32.3125; 4412.32.3135;                             succession, the Department will                        will set forth the factual and legal
                                                  4412.32.3155; 4412.32.3165;                             generally consider one company to be                   conclusions upon which our
                                                  4412.32.3175; 4412.32.3185;                             the successor to another company if its                preliminary results are based and a
                                                  4412.32.5600; 4412.39.1000;                             resulting operation is essentially the                 description of any action proposed.
                                                  4412.39.3000; 4412.39.4011;                             same as that of its predecessor.7 Thus,                   Pursuant to 19 CFR 351.221(b)(4)(ii),
                                                  4412.39.4012; 4412.39.4019;                             if the evidence demonstrates that, with                interested parties will have an
                                                  4412.39.4031; 4412.39.4032;                             respect to the production and sale of the              opportunity to comment on the
                                                  4412.39.4039; 4412.39.4051;                             subject merchandise, the new company                   preliminary results of review. In
                                                  4412.39.4052; 4412.39.4059;                             operates as the same business entity as
                                                  4412.39.4061; 4412.39.4062;                             the prior company, the Department will                    8 See Notice of Final Results of Changed

                                                  4412.39.4069; 4412.39.5010;                                                                                    Circumstances Review: Polychloroprene Rubber
                                                                                                            5 See 19 CFR 351.216(d).                             from Japan, 69 FR 67890 (November 22, 2004)
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                                                  4412.39.5030; 4412.39.5050;                               6 See,                                               citing, Brass Sheet and Strip from Canada: Notice
                                                                                                                   e.g., Initiation and Preliminary Results of
                                                  4412.94.1030; 4412.94.1050;                             Antidumping Duty Changed Circumstances Review:         of Final Results of Antidumping Duty
                                                  4412.94.3105; 4412.94.3111;                             Multilayered Wood Flooring From the People’s           Administrative Review, 57 FR 20460 (May 13,
                                                  4412.94.3121; 4412.94.3131;                             Republic of China, 79 FR 48117, 48118 (August 15,      1992); and, Certain Circular Welded Carbon Steel
                                                                                                          2014), unchanged in Multilayered Wood Flooring         Pipes and Tubes from Taiwan: Initiation of
                                                  4412.94.3141; 4412.94.3160;                                                                                    Antidumping Duty Changed Circumstance Review,
                                                                                                          From the People’s Republic of China: Final Results
                                                  4412.94.3171; 4412.94.4100;                             of Changed Circumstances Review, 79 FR 58740           70 FR 17063 (April 4, 2005).
                                                  4412.94.5100; 4412.94.6000;                             (September 30, 2014).                                     9 See Second Supplemental Response, at 1, 3.

                                                  4412.94.7000; 4412.94.8000;                               7 Id.                                                   10 Id. at 1.




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                                                  13330                           Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Notices

                                                  accordance with 19 CFR 351.216(e), the                  collection is also available at http://               accompanied by the written consent of
                                                  Department intends to issue the final                   www.reginfo.gov under ‘‘Information                   the applicant.
                                                  results of its antidumping duty CCR not                 Collection Review.’’                                    This information collection (the
                                                  later than 270 days after the date on                   SUPPLEMENTARY INFORMATION:                            information collected via third-party
                                                  which the review was initiated.                                                                               submissions under 37 CFR 1.290 and
                                                     This notice is published in                          I. Abstract                                           protests under 37 CFR 1.291) is
                                                  accordance with sections 751(b)(l) and                     The United States Patent and                       necessary so that the public may
                                                  777(i)(l) of the Act and 19 CFR                         Trademark Office (USPTO) is required                  contribute to the quality of issued
                                                  351.216(b) and 351.221(b)(1).                           by 35 U.S.C. 131 et seq. to examine an                patents. The USPTO will use this
                                                    Dated: March 9, 2015.
                                                                                                          application for patent and, when                      information, as appropriate, during the
                                                                                                          appropriate, issue a patent. The                      patent examination process to assist in
                                                  Gary Taverman,
                                                                                                          provisions of 35 U.S.C. 122(c), 122(e),               evaluating the patent application.
                                                  Associate Deputy Assistant Secretary for                131, and 151, as well as 37 CFR 1.290
                                                  Antidumping and Countervailing Duty
                                                                                                          and 1.291, limit the ability of a third               II. Method of Collection
                                                  Operations.
                                                                                                          party to have information entered and                    Electronically when using the USPTO
                                                  [FR Doc. 2015–05830 Filed 3–12–15; 8:45 am]
                                                                                                          considered in, or to protest, a patent                online filing system EFS-Web, or by
                                                  BILLING CODE 3510–DS–P                                                                                        mail or hand delivery.
                                                                                                          application pending before the Office.
                                                                                                             37 CFR 1.290 provides a mechanism
                                                                                                          for third parties to submit to the                    III. Data
                                                  DEPARTMENT OF COMMERCE                                  USPTO, for consideration and inclusion                   OMB Number: 0651–0062.
                                                                                                          in the record of a patent application,                   IC Instruments: The individual
                                                  Patent and Trademark Office
                                                                                                          any patents, published patent                         instruments in this collection, as well as
                                                  Proposed Collection; Comment                            applications, or other printed                        their associated forms, are listed in the
                                                  Request; ‘‘Third-Party Submissions                      publications of potential relevance to                table below.
                                                  and Protests’’                                          the examination of the application.
                                                                                                             A preissuance submission under 37                   TABLE 1—INFORMATION COLLECTION
                                                  AGENCY: United States Patent and                        CFR 1.290 may be made in any non-                          INSTRUMENTS AND FORMS
                                                  Trademark Office, Commerce.                             provisional utility, design, and plant
                                                  ACTION: Notice.                                         application, as well as in any continuing              IC         Information
                                                                                                          application. A preissuance submission                               collection         Form number
                                                                                                                                                                 No.
                                                  SUMMARY:   The United States Patent and                 under 37 CFR 1.290 must include a                                  instrument
                                                  Trademark Office (USPTO), as part of its                concise description of the asserted                   1 ....   Third-Party Sub-      • No Form Asso-
                                                  continuing effort to reduce paperwork                   relevance of each document submitted,                            missions in           ciated.
                                                  and respondent burden, invites the                      and must be submitted within a certain                           Nonissued Ap-
                                                  general public and other Federal                        statutorily specified time period.                               plication; elec-
                                                  agencies to comment on proposed and/                       37 CFR 1.291 permits a member of the                          tronic.
                                                  or continuing information collections,                  public to file a protest against a pending            2 ....   Third-Party Sub-      • PTO/SB/429.
                                                  as required by the Paperwork Reduction                  application. Protests pursuant to 37 CFR                         missions in
                                                  Act of 1995, Public Law 104–13 (44                      1.291 are supported by a separate                                Nonissued Ap-
                                                  U.S.C. 3506(c)(2)(A)).                                  statutory provision from third-party                             plication; paper.
                                                                                                          submissions under 37 CFR 1.290 (35                    3 ....   Protests by the       • No Form Asso-
                                                  DATES: Written comments must be                                                                                          Public Against        ciated.
                                                  submitted on or before May 12, 2015.                    U.S.C. 122(c) v. 35 U.S.C. 122(e)). As a
                                                                                                                                                                           Pending Appli-
                                                                                                          result, there are several differences                            cations Under
                                                  ADDRESSES: Written comments may be
                                                                                                          between protests and third-party                                 37 CFR 1.291;
                                                  submitted by any of the following
                                                                                                          submissions.                                                     paper.
                                                  methods:                                                   For example, 37 CFR 1.291 permits
                                                    • Email: InformationCollection@                       the submission of information that is
                                                  uspto.gov. Include ‘‘0651–0062 Third-                                                                           Type of Review: Revision of a
                                                                                                          not permitted in a third-party                        currently approved collection.
                                                  Party Submissions and Protests’’ in the                 submission under 37 CFR 1.290.
                                                  subject line of the message.                                                                                    Affected Public: Individuals or
                                                                                                          Specifically, 37 CFR 1.291 provides for               households; businesses or other for-
                                                    • Mail: Marcie Lovett, Records                        the submission of information other
                                                  Management Division Director, Office of                                                                       profits; and not-for-profit institutions.
                                                                                                          than publications, including any facts or               Estimated Number of Respondents:
                                                  the Chief Information Officer, United                   information adverse to patentability,                 1,560 responses per year.
                                                  States Patent and Trademark Office,                     and arguments to that effect. Further, 37               Estimated Time per Response: The
                                                  P.O. Box 1450, Alexandria, VA 22313–                    CFR 1.291 requires a protest to include               USPTO estimates that it will take the
                                                  1450.                                                   a concise explanation of the relevance of             public approximately 10 hours to gather
                                                    • Federal Rulemaking Portal: http://                  each item of information submitted.                   the necessary information, prepare the
                                                  www.regulations.gov.                                    Unlike the concise description of                     appropriate form or other documents,
                                                  FOR FURTHER INFORMATION CONTACT:                        relevance required for a preissuance                  and submit the information to the
                                                  Requests for additional information                     submission under 37 CFR 1.290, which                  USPTO.
                                                  should be directed to Raul Tamayo,                      is limited to a description of a                        Estimated Total Annual Hour Burden:
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                                                  Senior Legal Advisor, Office of Patent                  document’s relevance, the concise                     15,600 hours.
                                                  Legal Administration, United States                     explanation for a protest under 37 CFR                  Estimated Total Annual Cost Burden
                                                  Patent and Trademark Office, P.O. Box                   1.291 allows for arguments against                    (Hourly): $6,068,400. The USPTO
                                                  1450, Alexandria, VA 22313–1450; by                     patentability. Additionally, the                      expects that attorneys will complete the
                                                  telephone at 571–272–7728; or by email                  specified time period for submitting a                instruments associated with this
                                                  to Raul.Tamayo@uspto.gov with                           protest differs from the time period for              information collection. The professional
                                                  ‘‘Paperwork’’ in the subject line.                      submitting third-party submissions, and               hourly rate for an attorney is $389.
                                                  Additional information about this                       is impacted by whether the protest is                 Using this hourly rate, the USPTO


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Document Created: 2015-12-18 11:41:39
Document Modified: 2015-12-18 11:41:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactJames Martinelli or Charles Riggle, 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- 2923 or (202) 482-0650, respectively.
FR Citation80 FR 13328 

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