80 FR 65200 - Multilayered Wood Flooring From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 206 (October 26, 2015)
International Trade Administration
Federal Register Volume 80, Issue 206 (October 26, 2015)
| Page Range | 65200-65201 | |
| FR Document | 2015-27156 |
[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)] [Notices] [Pages 65200-65201] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27156] [[Page 65200]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-970] Multilayered Wood Flooring From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (``Department'') is initiating a new shipper review of the antidumping duty order on multilayered wood flooring from the People's Republic of China (``PRC''). The period of review (``POR'') for the new shipper review is December 1, 2013, through November 30, 2014.\1\ --------------------------------------------------------------------------- \1\ Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for a new shipper review initiated in the month immediately following the anniversary month is the twelve-month period immediately preceding the anniversary month. However, this review is being initiated in accordance with an order entered by the US. Court of International Trade (``CIT'') on October 14, 2015. In that order, the CIT authorized the Department to initiate and conduct this new shipper review based upon Qingdao Barry's December 19, 2014 review request. Accordingly, we have used that submission to determine the POR. See 19 CFR 351.214(d)(1) (providing for initiation of new shipper reviews in the calendar month following the anniversary month if the request is made in the 6-month period ending in the anniversary month); 19 CFR 351.214(g)(1)(i)(A) (setting the POR for new shipper reviews initiated in the month following the anniversary month). --------------------------------------------------------------------------- DATES: Effective Date: October 26, 2015. FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Robert Bolling, AD/CVD Operations, Office 4, 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: Background The Department published the antidumping duty order on multilayered wood flooring from the PRC on December 8, 2011.\2\ On December 19, 2014, the Department received a timely new shipper review request from Qingdao Barry Flooring Co., Ltd (``Qingdao Barry''),\3\ in accordance with section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 351.214(c). --------------------------------------------------------------------------- \2\ See 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''), as amended Multilayered Wood Flooring from the People's Republic of China: Amended Antidumping and Countervailing Duty Orders, 77 FR 5484 (February 3, 2012). \3\ See Letter from Qingdao Barry to the Secretary of Commerce ``Multilayered Wood Flooring from China: Request for New Shipper Review,'' dated December 19, 2014 (``Initiation Request''). --------------------------------------------------------------------------- In its submission, Qingdao Barry certified that it is both the producer and exporter of the subject merchandise upon which its respective review request was based.\4\ Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Qingdao Barry certified that it did not export multilayered wood flooring to the United States during the period of investigation (``POI'').\5\ In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Qingdao Barry certified that, since the initiation of the investigation, it has never been affiliated with any producer or exporter that exported multilayered wood flooring to the United States during the POI, including those not individually examined during the investigation.\6\ As required by 19 CFR 351.214(b)(2)(iii)(B), Qingdao Barry also certified that its export activities are not controlled by the central government of the PRC.\7\ --------------------------------------------------------------------------- \4\ See Initiation Request at Attachment 1. \5\ Id. \6\ Id. \7\ Id. --------------------------------------------------------------------------- In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Qingdao Barry submitted documentation establishing the following: (1) The date on which it first shipped multilayered wood flooring for export to the United States and the date on which the multilayered wood flooring was first entered, or withdrawn from warehouse, for consumption; (2) the volume of its first shipment and a statement that it made no subsequent shipments; and (3) the date of its first sale to an unaffiliated customer in the United States.\8\ --------------------------------------------------------------------------- \8\ Id. at Attachment 2. --------------------------------------------------------------------------- The Department conducted U.S. Customs and Border Protection (``CBP'') database queries and confirmed that Qingdao Barry's shipment of subject merchandise had entered the United States for consumption and that liquidation of such entries had been properly suspended for antidumping duties. The Department also confirmed by examining CBP data that Qingdao Barry's entries were made during the POR specified by the Department's regulations.\9\ --------------------------------------------------------------------------- \9\ See Memorandum from Wendy Frankel, Director, Customs Liaison Unit, Enforcement and Compliance, To Abdelali Elouaradia, Director, AD/CVD Operations, Office IV, Enforcement and Compliance, Regarding ``Confirmation of Entry--Multilayered Wood Flooring, From the People's Republic of China (A-570-970),'' dated August 4, 2015 (``Customs Data''); see also Memorandum to the File entitled, ``Initiation of Antidumping New Shipper Review of Multilayered Wood Flooring from the People's Republic of China: Qingdao Barry Flooring Co., Ltd. Initiation Checklist'' (``Initiation Checklist'') dated concurrently with this notice. --------------------------------------------------------------------------- Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), and after reviewing the information on the record, the Department finds that the request submitted by Qingdao Barry meets the threshold requirements for initiation of a new shipper review for the shipments of multilayered wood flooring from the PRC produced and exported by Qingdao Barry.\10\ However, if the information supplied by Qingdao Barry is later found to be incorrect or insufficient during the course of this proceeding, the Department may rescind the review or apply adverse facts available pursuant to section 776 of the Act, depending upon the facts on the record. The Department intends to issue the preliminary results of this new shipper review no later than 180 days from the date of initiation, and the final results no later than 90 days from the issuance of the preliminary results.\11\ --------------------------------------------------------------------------- \10\ See Initiation Checklist. \11\ See section 751(a)(2)(B)(iv) of the Act. Due to the unique circumstances of this new shipper review, the Department's ability to grant extension requests will be limited. See Memorandum from Robert Bolling, Program Manager, AD/CVD Operations, Office IV, Enforcement and Compliance, To The File, Regarding ``Deadline Extensions--Multilayered Wood Flooring, From the People's Republic of China, dated concurrently with this notice. --------------------------------------------------------------------------- It is the Department's usual practice, in cases involving non- market economies, to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country-wide rate provide evidence of de jure and de facto absence of government control over the company's export activities. Accordingly, the Department will issue a questionnaire to Qingdao Barry which will include a section requesting information with regard to the company's export activities for separate rates purposes. The review of the exporter will proceed if the response provides sufficient indication that it is not subject to either de jure or de facto government control with respect to its export of subject merchandise. The Department will instruct CBP to allow, until the completion of the review, at the option of the importer, the posting of a bond or security in lieu of a cash deposit for each entry of the subject merchandise from Qingdao Barry, in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Qingdao Barry certified that it produced and exported the subject merchandise, the Department will apply the bonding [[Page 65201]] privilege only for subject merchandise that the respondent both produced and exported. To assist in its analysis of the bona fides of Qingdao Barry's sales, upon initiation of this NSR, the Department will require Qingdao Barry to submit on an ongoing basis complete transaction information concerning any sales of subject merchandise to the United States that were made subsequent to the POR. Interested parties requiring access to proprietary information in this new shipper review should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 19 CFR 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i). Dated: October 20, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-27156 Filed 10-23-15; 8:45 am] BILLING CODE 3510-DS-P
![65200 Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Notices
DEPARTMENT OF COMMERCE section 751(a)(2)(B)(i) of the Tariff Act Initiation of New Shipper Review
of 1930, as amended (‘‘the Act’’), and 19 Pursuant to section 751(a)(2)(B) of the
International Trade Administration CFR 351.214(c). Act and 19 CFR 351.214(b), and after
[A–570–970]
In its submission, Qingdao Barry reviewing the information on the record,
certified that it is both the producer and the Department finds that the request
Multilayered Wood Flooring From the exporter of the subject merchandise submitted by Qingdao Barry meets the
People’s Republic of China: Initiation upon which its respective review threshold requirements for initiation of
of Antidumping Duty New Shipper request was based.4 Pursuant to section a new shipper review for the shipments
Review; 2013–2014 751(a)(2)(B)(i)(I) of the Act and 19 CFR of multilayered wood flooring from the
351.214(b)(2)(i), Qingdao Barry certified PRC produced and exported by Qingdao
AGENCY: Enforcement and Compliance, that it did not export multilayered wood
International Trade Administration, Barry.10 However, if the information
flooring to the United States during the supplied by Qingdao Barry is later
Department of Commerce. period of investigation (‘‘POI’’).5 In found to be incorrect or insufficient
SUMMARY: The Department of Commerce addition, pursuant to section during the course of this proceeding, the
(‘‘Department’’) is initiating a new 751(a)(2)(B)(i)(II) of the Act and 19 CFR Department may rescind the review or
shipper review of the antidumping duty 351.214(b)(2)(iii)(A), Qingdao Barry apply adverse facts available pursuant
order on multilayered wood flooring certified that, since the initiation of the to section 776 of the Act, depending
from the People’s Republic of China investigation, it has never been affiliated upon the facts on the record. The
(‘‘PRC’’). The period of review (‘‘POR’’) with any producer or exporter that Department intends to issue the
for the new shipper review is December exported multilayered wood flooring to preliminary results of this new shipper
1, 2013, through November 30, 2014.1 the United States during the POI, review no later than 180 days from the
DATES: Effective Date: October 26, 2015. including those not individually date of initiation, and the final results
FOR FURTHER INFORMATION CONTACT: examined during the investigation.6 As no later than 90 days from the issuance
Maisha Cryor or Robert Bolling, AD/ required by 19 CFR 351.214(b)(2)(iii)(B), of the preliminary results.11
CVD Operations, Office 4, Enforcement Qingdao Barry also certified that its It is the Department’s usual practice,
and Compliance, International Trade export activities are not controlled by in cases involving non-market
Administration, U.S. Department of the central government of the PRC.7 economies, to require that a company
Commerce, 14th Street and Constitution In addition to the certifications seeking to establish eligibility for an
Avenue NW., Washington, DC 20230; described above, pursuant to 19 CFR antidumping duty rate separate from the
telephone: 202–482–5831 or 202–482– 351.214(b)(2)(iv), Qingdao Barry country-wide rate provide evidence of
3434, respectively. submitted documentation establishing de jure and de facto absence of
the following: (1) The date on which it government control over the company’s
SUPPLEMENTARY INFORMATION:
first shipped multilayered wood export activities. Accordingly, the
Background flooring for export to the United States Department will issue a questionnaire to
The Department published the and the date on which the multilayered Qingdao Barry which will include a
antidumping duty order on multilayered wood flooring was first entered, or section requesting information with
wood flooring from the PRC on withdrawn from warehouse, for regard to the company’s export activities
December 8, 2011.2 On December 19, consumption; (2) the volume of its first for separate rates purposes. The review
2014, the Department received a timely shipment and a statement that it made of the exporter will proceed if the
new shipper review request from no subsequent shipments; and (3) the response provides sufficient indication
Qingdao Barry Flooring Co., Ltd date of its first sale to an unaffiliated that it is not subject to either de jure or
(‘‘Qingdao Barry’’),3 in accordance with customer in the United States.8 de facto government control with
The Department conducted U.S. respect to its export of subject
1 Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR Customs and Border Protection (‘‘CBP’’) merchandise.
for a new shipper review initiated in the month database queries and confirmed that The Department will instruct CBP to
immediately following the anniversary month is the Qingdao Barry’s shipment of subject allow, until the completion of the
twelve-month period immediately preceding the merchandise had entered the United review, at the option of the importer, the
anniversary month. However, this review is being
initiated in accordance with an order entered by the
States for consumption and that posting of a bond or security in lieu of
US. Court of International Trade (‘‘CIT’’) on October liquidation of such entries had been a cash deposit for each entry of the
14, 2015. In that order, the CIT authorized the properly suspended for antidumping subject merchandise from Qingdao
Department to initiate and conduct this new duties. The Department also confirmed Barry, in accordance with section
shipper review based upon Qingdao Barry’s
December 19, 2014 review request. Accordingly, we
by examining CBP data that Qingdao 751(a)(2)(B)(iii) of the Act and 19 CFR
have used that submission to determine the POR. Barry’s entries were made during the 351.214(e). Because Qingdao Barry
See 19 CFR 351.214(d)(1) (providing for initiation POR specified by the Department’s certified that it produced and exported
of new shipper reviews in the calendar month regulations.9 the subject merchandise, the
following the anniversary month if the request is
made in the 6-month period ending in the Department will apply the bonding
4 See Initiation Request at Attachment 1.
anniversary month); 19 CFR 351.214(g)(1)(i)(A)
5 Id.
(setting the POR for new shipper reviews initiated from the People’s Republic of China: Qingdao Barry
6 Id.
in the month following the anniversary month). Flooring Co., Ltd. Initiation Checklist’’ (‘‘Initiation
2 See Multilayered Wood Flooring from the 7 Id. Checklist’’) dated concurrently with this notice.
People’s Republic of China: Amended Final 8 Id.at Attachment 2. 10 See Initiation Checklist.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Determination of Sales at Less Than Fair Value and 9 See Memorandum from Wendy Frankel, 11 See section 751(a)(2)(B)(iv) of the Act. Due to
Antidumping Duty Order, 76 FR 76690 (December Director, Customs Liaison Unit, Enforcement and the unique circumstances of this new shipper
8, 2011) (‘‘Order’’), as amended Multilayered Wood Compliance, To Abdelali Elouaradia, Director, AD/ review, the Department’s ability to grant extension
Flooring from the People’s Republic of China: CVD Operations, Office IV, Enforcement and requests will be limited. See Memorandum from
Amended Antidumping and Countervailing Duty Compliance, Regarding ‘‘Confirmation of Entry— Robert Bolling, Program Manager, AD/CVD
Orders, 77 FR 5484 (February 3, 2012). Multilayered Wood Flooring, From the People’s Operations, Office IV, Enforcement and
3 See Letter from Qingdao Barry to the Secretary Republic of China (A–570–970),’’ dated August 4, Compliance, To The File, Regarding ‘‘Deadline
of Commerce ‘‘Multilayered Wood Flooring from 2015 (‘‘Customs Data’’); see also Memorandum to Extensions—Multilayered Wood Flooring, From the
China: Request for New Shipper Review,’’ dated the File entitled, ‘‘Initiation of Antidumping New People’s Republic of China, dated concurrently
December 19, 2014 (‘‘Initiation Request’’). Shipper Review of Multilayered Wood Flooring with this notice.
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![Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Notices 65201
privilege only for subject merchandise Agenda ACTION:Notice; proposed incidental
that the respondent both produced and harassment authorization; request for
exported. To assist in its analysis of the The items of discussion on the agenda comments.
bona fides of Qingdao Barry’s sales, are: The panel will receive an overview
upon initiation of this NSR, the from the Groundfish Plan Development SUMMARY: NMFS has received an
Department will require Qingdao Barry Team (PDT) on draft alternatives in application from the St. George Reef
to submit on an ongoing basis complete Framework Adjustment 55 (FW 55) Lighthouse Preservation Society
transaction information concerning any specifications, changes to the (Society), for an Incidental Harassment
sales of subject merchandise to the groundfish monitoring program, other Authorization (Authorization) to take
United States that were made management measures and draft marine mammals, by harassment
subsequent to the POR. impacts analysis. They also plan to incidental to conducting aircraft
Interested parties requiring access to develop recommendations to the operations, lighthouse renovation, and
proprietary information in this new Groundfish Committee regarding light maintenance activities on the St.
shipper review should submit alternatives in FW 55. The panel will George Reef Light Station on Northwest
applications for disclosure under also develop recommendations to the Seal Rock in the northeast Pacific
Groundfish Committee for 2016 Council Ocean. The proposed dates for this
administrative protective order in
priorities. They will also discuss other action would be late November 2015
accordance with 19 CFR 351.305 and 19
business as necessary. through November 2016. Per the Marine
CFR 351.306.
This initiation and notice are in Mammal Protection Act, we are
Although non-emergency issues not requesting comments on our proposal to
accordance with section 751(a)(2)(B) of contained in this agenda may come issue an Authorization to the Society to
the Act and 19 CFR 351.214 and 19 CFR before this group for discussion, those incidentally take, by Level B harassment
351.221(c)(1)(i). issues may not be the subject of formal only, marine mammals during the
Dated: October 20, 2015. action during these meetings. Action specified activity.
Christian Marsh, will be restricted to those issues
DATES: NMFS must receive comments
Deputy Assistant Secretary for Antidumping specifically listed in this notice and any
and information on or before November
and Countervailing Duty Operations. issues arising after publication of this
25, 2015.
[FR Doc. 2015–27156 Filed 10–23–15; 8:45 am]
notice that require emergency action
ADDRESSES: Address comments on the
under section 305(c) of the Magnuson-
BILLING CODE 3510–DS–P
Stevens Act, provided the public has application to Jolie Harrison, Division
been notified of the Council’s intent to Chief, Permits and Conservation
take final action to address the Division, Office of Protected Resources,
DEPARTMENT OF COMMERCE National Marine Fisheries Service, 1315
emergency.
East-West Highway, Silver Spring, MD
National Oceanic and Atmospheric Special Accommodations 20910. The mailbox address for
Administration providing email comments is ITP.Cody@
This meeting is physically accessible noaa.gov. Please include 0648–XE233 in
New England Fishery Management to people with disabilities. Requests for
Council; Public Meeting the subject line. Comments sent via
sign language interpretation or other email to ITP.Cody@noaa.gov, including
AGENCY: National Marine Fisheries auxiliary aids should be directed to all attachments, must not exceed a 25-
Service (NMFS), National Oceanic and Thomas A. Nies, Executive Director, at megabyte file size. NMFS is not
Atmospheric Administration (NOAA), (978) 465–0492, at least 5 days prior to responsible for email comments sent to
Commerce. the meeting date. addresses other than the one provided
ACTION: Notice; public meeting. Authority: 16 U.S.C. 1801 et seq. here.
Instructions: All submitted comments
SUMMARY: The New England Fishery Dated: October 21, 2015. are a part of the public record and
Management Council (Council) is Tracey L. Thompson, NMFS will post them to http://
scheduling a public meeting of its Acting Deputy Director, Office of Sustainable www.nmfs.noaa.gov/pr/permits/
Groundfish Advisory Panel to consider Fisheries, National Marine Fisheries Service. incidental/research.htm without
actions affecting New England fisheries [FR Doc. 2015–27134 Filed 10–23–15; 8:45 am] change. All Personal Identifying
in the exclusive economic zone (EEZ). BILLING CODE 3510–22–P Information (for example, name,
Recommendations from this group will address, etc.) voluntarily submitted by
be brought to the full Council for formal the commenter may be publicly
consideration and action, if appropriate. DEPARTMENT OF COMMERCE accessible. Do not submit confidential
DATES: This meeting will be held on business information or otherwise
Thursday, November 12, 2015 at 9:30 National Oceanic and Atmospheric sensitive or protected information.
a.m. Administration To obtain an electronic copy of the
application containing a list of the
ADDRESSES: The meeting will be held at references used in this document, write
RIN 0648–XE233
the Holiday Inn by the Bay, 88 Spring to the previously mentioned address,
Street, Portland, ME 04101; phone: (207) Takes of Marine Mammals Incidental to telephone the contact listed here (see
775–2311; fax: (207) 772–4017. FOR FURTHER INFORMATION CONTACT), or
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Specified Activities; St. George Reef
Council address: New England Light Station Restoration and visit the internet at: http://
Fishery Management Council, 50 Water Maintenance at Northwest Seal Rock, www.nmfs.noaa.gov/pr/permits/
Street, Mill 2, Newburyport, MA 01950. Del Norte County, California incidental/construction.htm.
FOR FURTHER INFORMATION CONTACT: The Environmental Assessment (EA)
Thomas A. Nies, Executive Director, AGENCY: National Marine Fisheries specific to conducting aircraft
New England Fishery Management Service (NMFS), National Oceanic and operations, restoration, and
Council; telephone: (978) 465–0492. Atmospheric Administration (NOAA), maintenance work on the light station is
SUPPLEMENTARY INFORMATION: Commerce. also available at the same internet
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Document Created: 2018-02-27 08:56:08
Document Modified: 2018-02-27 08:56:08
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective Date: October 26, 2015. | |
| Contact | Maisha Cryor or Robert Bolling, AD/CVD Operations, Office 4, 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. | |
| FR Citation | 80 FR 65200 |
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