80 FR 57576 - Multilayered Wood Flooring From the People's Republic of China: Preliminary Results of the Changed Circumstances Review of Sino-Maple (JiangSu) Co., Ltd.

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 185 (September 24, 2015)

On March 13, 2015, the Department of Commerce (the ``Department'') initiated a changed circumstance review (``CCR'') of the antidumping duty (``AD'') order on multilayered wood flooring from the People's Republic of China (``PRC'') in response to a request from Sino-Maple (JiangSu) Co., Ltd. (``Sino-Maple''), an exporter of subject merchandise to the United States.\1\ Pursuant to section 751(b) of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 351.216, the Department preliminarily determines that Sino-Maple is the successor- in-interest to Jiafeng Wood (Suzhou) Co., Ltd. (``Jiafeng'') for purposes of the AD order on multilayered wood flooring from the PRC and, as such, is entitled to Jiafeng's cash deposit rate with respect to entries of subject merchandise. We invite interested parties to comment on these preliminary results. ---------------------------------------------------------------------------

[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)]
[Notices]
[Pages 57576-57578]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24191]


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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 the Changed Circumstances Review of Sino-Maple 
(JiangSu) Co., Ltd.

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 13, 2015, the Department of Commerce (the 
``Department'') initiated a changed circumstance review (``CCR'') of 
the antidumping duty (``AD'') order on multilayered wood flooring from 
the People's Republic of China (``PRC'') in response to a request from 
Sino-Maple (JiangSu) Co., Ltd. (``Sino-Maple''), an exporter of subject 
merchandise to the United States.\1\ Pursuant to section 751(b) of the 
Tariff Act of 1930, as amended (``the Act''), and 19 CFR 351.216, the 
Department preliminarily determines that Sino-Maple is the successor-
in-interest to Jiafeng Wood (Suzhou) Co., Ltd. (``Jiafeng'') for 
purposes of the AD order on multilayered wood flooring from the PRC 
and, as such, is entitled to Jiafeng's cash deposit rate with respect 
to entries of subject merchandise. We invite interested parties to 
comment on these preliminary results.
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    \1\ See Initiation of Antidumping Duty Changed Circumstances 
Review: Multilayered Wood Flooring From the People's Republic of 
China, 80 FR 13328 (March 13, 2015) (Initiation Notice).

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DATES: Effective: September 24, 2015.

FOR FURTHER INFORMATION CONTACT: Krisha Hill, 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) 482-4037.

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 AD liabilities.\2\ 
For a complete description of events that followed the initiation of

[[Page 57577]]

this review, see the Preliminary Decision Memorandum.\3\
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    \2\ 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'').
    \3\ See Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Enforcement and Compliance, from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, ``Decision Memorandum for the Preliminary Results of the 
Antidumping Duty Changed Circumstances Review of Multilayered Wood 
Flooring from the People's Republic of China: Sino-Maple (JiangSu) 
Co., Ltd.'' (``Preliminary Decision Memorandum''), dated 
concurrently with, and adopted by, this notice.
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    Based on this information, the Department initiated this CCR on 
March 13, 2015, explaining that, while there was sufficient evidence to 
initiate a CCR, the Department determined not to conduct its review on 
an expedited basis by publishing the preliminary results in conjunction 
with its notice of initiation. Specifically, we noted that the 
purported predecessor company, Jiafeng, was still in a 180-day 
liquidation period. We stated that we intended to issue additional 
questionnaires to Sino-Maple, as authorized by 19 CFR 351.221(b)(2), 
upon completion of the 180-day liquidation period, seeking evidence 
that Jiafeng has been terminated and that Jiafeng's liquidation was 
completed.\4\ On June 22, 2015, Sino-Maple submitted this evidence.\5\
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    \4\ See Initiation Notice, 80 FR 13329.
    \5\ See Letter from Sino-Maple to the Department, regarding 
``Multilayered Wood Flooring from the PRC: Voluntary (Third) 
Supplemental Changed Circumstances Review Response of Sino-Maple 
(Jiangsu) Co., Ltd. and Jiafeng Wood (Suzhou) Co., Ltd.,'' dated 
June 22, 2015.
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Scope of the Investigation

    The merchandise covered by the order includes multilayered wood 
flooring, subject to certain exceptions. 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.
    A complete description of the scope of the order is contained in 
the Preliminary Decision Memorandum. 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). ACCESS is available to 
registered users at http://access.trade.gov, and ACCESS is available to 
all parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.

Methodology

    In accordance with section 751(b)(1) of the Act, we are conducting 
this CCR based upon the information contained in Sino-Maple's 
submissions. In making a successor-in-interest determination, the 
Department typically examines several factors including, but not 
limited to, changes in: (1) Management; (2) production facilities; (3) 
supplier relationships; and (4) customer base.\6\ While no single 
factor or combination of factors will necessarily be dispositive, the 
Department generally will consider the new company to be the successor 
to the predecessor if the resulting operations of the successor are not 
materially dissimilar to that of its predecessor.\7\ Thus, if the 
record demonstrates that, with respect to the production and sale of 
the subject merchandise, the new company operates as the same business 
entity as the predecessor company, the Department may assign the new 
company the cash deposit rate of its predecessor.\8\ For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.
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    \6\ See, e.g., Certain Activated Carbon From the People's 
Republic of China: Notice of Initiation of Changed Circumstances 
Review, 74 FR 19934, 19935 (April 30, 2009).
    \7\ See, e.g., Notice of Initiation of Antidumping Duty Changed 
Circumstances Review: Certain Forged Stainless Steel Flanges from 
India, 71 FR 327, 327 (January 4, 2006).
    \8\ See, e.g., Fresh and Chilled Atlantic Salmon From Norway; 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
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Preliminary Determination of the Changed Circumstances Review

    Based on the record evidence, we preliminarily determine that Sino-
Maple is the successor-in-interest to Jiafeng because Sino-Maple 
operates materially the same as Jiafeng with respect to the subject 
merchandise, albeit in a new location. Specifically, we find that any 
changes that may have occurred after Jiafeng became Sino-Maple did not 
constitute material changes to management, supplier relationships, 
customer relationships, or ownership/legal structure with respect to 
the production and sale of the subject merchandise. A list of topics 
discussed in the Preliminary Decision Memorandum appears in the 
Appendix to this notice.
    If the Department upholds these preliminary results in the final 
results, Sino-Maple will be assigned the cash deposit rate currently 
assigned to Jiafeng with respect to the subject merchandise (i.e., 
13.74 percent). We will also instruct U.S. Customs and Border 
Protection to suspend liquidation of entries of multilayered wood 
flooring exported by Sino-Maple, effective on the publication date of 
the final results, at the AD cash deposit rate assigned to Jiafeng.

Public Comment

    Interested parties may submit written comments by no later than 30 
days after the date of publication of these preliminary results of 
review in the Federal Register.\9\ Rebuttals, limited to issues raised 
in the written comments, may be filed by no later than five days after 
the written comments are due.\10\ Parties that submit written comments

[[Page 57578]]

and rebuttals are encouraged to submit with each argument: (1) A 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\11\ All briefs are to be filed electronically 
using ACCESS.\12\ An electronically filed document must be received 
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the 
day on which it is due.\13\
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    \9\ See 19 CFR 351.309(c)(1)(ii).
    \10\ See 19 CFR 351.309(d)(1).
    \11\ See 19 CFR 351.309(c)(2) & (d)(2).
    \12\ See 19 CFR 351.303(b) & (f).
    \13\ See 19 CFR 351.303(b).
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    Any interested party may request a hearing to the Assistant 
Secretary of Enforcement and Compliance using ACCESS within 30 days of 
publication of this notice in the Federal Register.\14\ 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.\15\ 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.\16\
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    \14\ See 19 CFR 351.310(c).
    \15\ Id.
    \16\ See 19 CFR 351.310(d).
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Final Results of the Review

    In accordance with 19 CFR 351.216(e), the Department intends to 
issue the final results of this CCR not later than 270 days after the 
date on which this review was initiated.

Notification to Parties

    The Department is issuing and publishing these preliminary results 
in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 
CFR 351.216 and 351.221.

     Dated: September 17, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Results of the Changed Circumstances Review
V. Recommendation

[FR Doc. 2015-24191 Filed 9-23-15; 8:45 am]
BILLING CODE 3510-DS-P