81_FR_35412 81 FR 35306 - Multilayered Wood Flooring From the People's Republic of China: Preliminary Rescission of 2013-2014 Antidumping Duty New Shipper Review

81 FR 35306 - Multilayered Wood Flooring From the People's Republic of China: Preliminary Rescission of 2013-2014 Antidumping Duty New Shipper Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 106 (June 2, 2016)

Page Range35306-35308
FR Document2016-12951

The Department of Commerce (``the Department'') is conducting a new shipper review (``NSR'') of the antidumping duty order on multilayered wood flooring (``MLWF'') from the People's Republic of China (``PRC''). The NSR covers one exporter and producer of subject merchandise, Qingdao Barry Flooring Co., Ltd (``Qingdao Barry''). The period of review (``POR'') is December 1, 2013 through November 30, 2014. The Department preliminarily determines that Qingdao Barry's sale to the United States is not bona fide, as required by section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (``the Act'').\1\ Therefore, we are preliminarily rescinding this NSR. Interested parties are invited to comment on the preliminary results of this review. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 106 (Thursday, June 2, 2016)
[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Notices]
[Pages 35306-35308]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12951]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Multilayered Wood Flooring From the People's Republic of China: 
Preliminary Rescission of 2013-2014 Antidumping Duty New Shipper Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') is conducting 
a new shipper review (``NSR'') of the antidumping duty order on 
multilayered wood flooring (``MLWF'') from the People's Republic of 
China (``PRC''). The NSR covers one exporter and producer of subject 
merchandise, Qingdao Barry Flooring Co., Ltd (``Qingdao Barry''). The 
period of review (``POR'') is December 1, 2013 through November 30, 
2014. The Department preliminarily determines that Qingdao Barry's sale 
to the United States is not bona fide, as required by section 
751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (``the 
Act'').\1\ Therefore, we are preliminarily rescinding this NSR. 
Interested parties are invited to comment on the preliminary results of 
this review.
---------------------------------------------------------------------------

    \1\ On February 24, 2016, the President of the United States 
signed into law the Trade Facilitation and Trade Enforcement Act of 
2015, Public Law 114-125 (Feb. 24, 2016), which made amendments to 
section 751(a)(2)(B) of the Act. These amendments apply to this 
determination.

---------------------------------------------------------------------------
DATES: Effective June 2, 2016.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-5831.

SUPPLEMENTARY INFORMATION:

Background

    On October 26, 2015, the Department published a notice of 
initiation of a new shipper review of the antidumping duty order on 
MLWF from the PRC.\2\ The Department subsequently issued an antidumping 
duty questionnaire, and supplemental questionnaires, to Qingdao Barry 
and received timely responses thereto. Also, Qingdao Barry submitted 
comments on surrogate country and surrogate value selection.\3\ No 
other party submitted comments. The Department extended the deadline 
for issuing the preliminary results of this review until May 20, 
2016.\4\
---------------------------------------------------------------------------

    \2\ See Multilayered Wood Flooring From the People's Republic of 
China: Initiation of Antidumping Duty New Shipper Review, 80 FR 
65200 (October 26, 2015) (``Initiation Notice''). In that notice, we 
explained that the review was being initiated in accordance with an 
order entered by the U.S. Court of International Trade, wherein the 
Court authorized the Department to initiate and conduct this new 
shipper review based on Qingdao Barry's December 19, 2014, review 
request.
    \3\ See ``Multilayered Wood Flooring from the People's Republic 
of China: Submission of Comparable Surrogate Country Comments,'' 
dated February 16, 2016; see also ``Multilayered Wood Flooring from 
the People's Republic of China: Submission of Surrogate Value 
Information,'' dated February 23, 2016.
    \4\ See the memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Maisha Cryor, Office IV, Antidumping and Countervailing Duty 
Operations, entitled, ``Multilayered Wood Flooring from the People's 
Republic of China: Extension of Deadline for Preliminary Results of 
Antidumping Duty New Shipper Review'' dated April 14, 2016.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is multilayered wood flooring, 
which is composed of an assembly of two or more layers or plies of wood 
veneers \5\ in combination with a core.\6\ Merchandise covered by this 
review is classifiable under subheadings 4412.31.0520; 4412.31.0540; 
4412.31.0560; 4412.31.2510; 4412.31.2520; 4412.31.4040; 4412.31.4050; 
4412.31.4060; 4412.31.4070; 4412.31.4075; 4412.31.4080; 4412.31.5125; 
4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.6000; 4412.31.9100; 
4412.32.0520; 4412.32.0540; 4412.32.0560; 4412.32.0565; 4412.32.0570; 
4412.32.2510; 4412.32.2520; 4412.32.2525; 4412.32.2530; 4412.32.3125; 
4412.32.3135; 4412.32.3155; 4412.32.3165; 4412.32.3175; 4412.32.3185; 
4412.32.5600; 4412.39.1000; 4412.39.3000; 4412.39.4011; 4412.39.4012; 
4412.39.4019; 4412.39.4031; 4412.39.4032; 4412.39.4039; 4412.39.4051; 
4412.39.4052; 4412.39.4059; 4412.39.4061; 4412.39.4062; 4412.39.4069; 
4412.39.5010; 4412.39.5030; 4412.39.5050; 4412.94.1030; 4412.94.1050; 
4412.94.3105; 4412.94.3111;

[[Page 35307]]

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; 
4412.99.5105; 4412.99.5115; 4412.99.5710; 4412.99.6000; 4412.99.7000; 
4412.99.8000; 4412.99.9000; 4412.99.9500; 4418.71.2000; 4418.71.9000; 
4418.72.2000; 4418.72.9500; and 9801.00.2500 of the Harmonized Tariff 
Schedule of the United States (``HTSUS''). Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of the order is dispositive.
---------------------------------------------------------------------------

    \5\ A ``veneer'' is a thin slice of wood, rotary cut, sliced or 
sawed from a log, bolt or flitch. Veneer is referred to as a ply 
when assembled.
    \6\ For a complete description of the scope of the order, see 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, entitled 
``Preliminary Rescission of the 2013-2014 Antidumping Duty New 
Shipper Review: Multilayered Wood Flooring from the People's 
Republic of China'' issued concurrently with and hereby adopted by 
this notice (``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214. For a full description of 
the methodology underlying our conclusions, see 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 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 on the 
internet at http://www.trade.gov/enforcement/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Rescission of the Antidumping New Shipper Review of Qingdao 
Barry

    As discussed in the Bona Fide Sales Analysis Memorandum,\7\ the 
Department preliminarily finds that the sale made by Qingdao Barry to 
the United States is not a bona fide sale. The Department reached this 
conclusion based on the totality of circumstances surrounding the 
reported sale, including, among other things, the price of the sale and 
Qingdao Barry's failure to provide evidence that the subject 
merchandise was resold at a profit. Because the non-bona fide sale was 
the only reported sale of subject merchandise during the POR, and thus 
there are no reviewable transactions on this record, we are 
preliminarily rescinding the instant NSR. Because much of the factual 
information used in our analysis of Qingdao Barry's sale involves 
business proprietary information, a full discussion of the basis for 
our preliminary determination is set forth in the Bona Fide Sales 
Analysis Memorandum, which is on the record of this proceeding.
---------------------------------------------------------------------------

    \7\ See Memorandum from Maisha Cryor, Office IV AD/CVD 
Operations, to Abdelali Elouaradia, Director, Enforcement and 
Compliance, Office IV entitled ``Antidumping Duty New Shipper Review 
of Multilayered Wood Flooring from the People's Republic of China: 
Preliminary Bona Fide Sale Analysis for Qingdao Barry Flooring Co., 
Ltd., dated concurrently with and hereby adopted by this notice 
(``Bona Fide Sales Analysis Memorandum'').
---------------------------------------------------------------------------

Public Comment

    Interested parties may submit case briefs no later than 14 days 
after the date of publication of the preliminary results of review.\8\ 
Rebuttals to case briefs may be filed no later than five days after the 
briefs are filed.\9\ All rebuttal comments must be limited to comments 
raised in the case briefs.\10\
---------------------------------------------------------------------------

    \8\ Note that the Department is altering the time limit for the 
submission of case briefs. See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(d)(1).
    \10\ See 19 CFR 351.309(d)(2).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement & 
Compliance, U.S. Department of Commerce, within 30 days after the date 
of publication of this notice.\11\ Requests should contain the party's 
name, address, and telephone number, the number of participants, and a 
list of the issues to be discussed. Oral argument presentations will be 
limited to issues raised in the briefs. If a request for a hearing is 
made, the Department intends to hold the hearing at the U.S. Department 
of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a date and time to be determined.\12\ Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    All submissions, with limited exceptions, must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5 p.m. Eastern Time (``ET'') on the due 
date. Documents excepted from the electronic submission requirements 
must be filed manually (i.e., in paper form) with the APO/Dockets Unit 
in Room 18022, and stamped with the date and time of receipt by 5 p.m. 
ET on the due date.\13\
---------------------------------------------------------------------------

    \13\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------

    The Department intends to issue the final results of this NSR, 
which will include the results of its analysis of issues raised in any 
briefs received, no later than 90 days after the date these preliminary 
results of review are issued pursuant to section 751(a)(2)(B)(iii) of 
the Act.

Assessment Rates

    If the Department proceeds to a final rescission of Qingdao Barry's 
NSR, the assessment rate to which Qingdao Barry's shipments will be 
subject will remain unchanged. However, the Department initiated an 
administrative review of the antidumping duty order on MLWF from the 
PRC covering numerous exporters, including Qingdao Barry, and the 
period December 1, 2013 through November 30, 2014, which encompasses 
the POR of this NSR.\14\ Thus, if the Department proceeds to a final 
rescission, we will instruct U.S. Customs and Border Protection 
(``CBP'') to continue to suspend entries during the period December 1, 
2013, through November 30, 2014 of subject merchandise exported by 
Qingdao Barry until CBP receives instructions relating to the 
administrative review of this order covering the period December 1, 
2013 through November 30, 2014.
---------------------------------------------------------------------------

    \14\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 6041, 6044-45 (February 4, 2015).
---------------------------------------------------------------------------

    If the Department does not proceed to a final rescission of this 
new shipper review, pursuant to 19 CFR 351.212(b)(1), we will calculate 
an importer-specific (or customer) assessment rate based on the final 
results of this review. However, pursuant to the Department's 
refinement to its assessment practice in NME cases, for entries that 
were not reported in the U.S. sales database submitted by Qingdao 
Barry, the Department will instruct CBP to liquidate such entries at 
the PRC-wide rate.\15\
---------------------------------------------------------------------------

    \15\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    Effective upon publication of the final rescission or the final 
results of this NSR, the Department will instruct CBP to discontinue 
the option of posting a bond or security in lieu of a cash

[[Page 35308]]

deposit for entries of subject merchandise by Qingdao Barry. If the 
Department proceeds to a final rescission of this new shipper review, 
the cash deposit rate will continue to be the PRC-wide rate for Qingdao 
Barry because the Department will not have determined an individual 
margin of dumping for Qingdao Barry. If the Department issues final 
results for this new shipper review, the Department will instruct CBP 
to collect cash deposits, effective upon the publication of the final 
results, at the rates established therein.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: May 24, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

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

1. Scope
2. Bona Fide Sales Analysis

[FR Doc. 2016-12951 Filed 6-1-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    35306                          Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices

                                                       Subject merchandise also includes                    DEPARTMENT OF COMMERCE                                 responses thereto. Also, Qingdao Barry
                                                    corrosion-resistant steel that has been further                                                                submitted comments on surrogate
                                                    processed in a third country, including but             International Trade Administration                     country and surrogate value selection.3
                                                    not limited to annealing, tempering painting,                                                                  No other party submitted comments.
                                                                                                            [A–570–970]
                                                    varnishing, trimming, cutting, punching and/                                                                   The Department extended the deadline
                                                    or slitting or any other processing that would          Multilayered Wood Flooring From the                    for issuing the preliminary results of
                                                    not otherwise remove the merchandise from               People’s Republic of China:                            this review until May 20, 2016.4
                                                    the scope of the investigation if performed in          Preliminary Rescission of 2013–2014
                                                    the country of manufacture of the in-scope                                                                     Scope of the Order
                                                                                                            Antidumping Duty New Shipper
                                                    corrosion resistant steel.
                                                                                                            Review                                                    The merchandise covered by the order
                                                       All products that meet the written physical                                                                 is multilayered wood flooring, which is
                                                    description, and in which the chemistry                 AGENCY:   Enforcement and Compliance,                  composed of an assembly of two or
                                                    quantities do not exceed any one of the noted           International Trade Administration,                    more layers or plies of wood veneers 5
                                                    element levels listed above, are within the             Department of Commerce.                                in combination with a core.6
                                                    scope of this investigation unless specifically         SUMMARY: The Department of Commerce                    Merchandise covered by this review is
                                                    excluded. The following products are outside            (‘‘the Department’’) is conducting a new               classifiable under subheadings
                                                    of and/or specifically excluded from the                shipper review (‘‘NSR’’) of the                        4412.31.0520; 4412.31.0540;
                                                    scope of this investigation:                            antidumping duty order on multilayered                 4412.31.0560; 4412.31.2510;
                                                       • Flat-rolled steel products either plated or        wood flooring (‘‘MLWF’’) from the                      4412.31.2520; 4412.31.4040;
                                                    coated with tin, lead, chromium, chromium               People’s Republic of China (‘‘PRC’’).                  4412.31.4050; 4412.31.4060;
                                                    oxides, both tin and lead (‘‘terne plate’’), or         The NSR covers one exporter and                        4412.31.4070; 4412.31.4075;
                                                    both chromium and chromium oxides (‘‘tin                producer of subject merchandise,                       4412.31.4080; 4412.31.5125;
                                                    free steel’’), whether or not painted,                  Qingdao Barry Flooring Co., Ltd                        4412.31.5135; 4412.31.5155;
                                                    varnished or coated with plastics or other              (‘‘Qingdao Barry’’). The period of review              4412.31.5165; 4412.31.6000;
                                                    non-metallic substances in addition to the                                                                     4412.31.9100; 4412.32.0520;
                                                                                                            (‘‘POR’’) is December 1, 2013 through
                                                    metallic coating;                                                                                              4412.32.0540; 4412.32.0560;
                                                                                                            November 30, 2014. The Department
                                                       • Clad products in straight lengths of                                                                      4412.32.0565; 4412.32.0570;
                                                                                                            preliminarily determines that Qingdao
                                                    4.7625 mm or more in composite thickness                                                                       4412.32.2510; 4412.32.2520;
                                                                                                            Barry’s sale to the United States is not
                                                    and of a width which exceeds 150 mm and
                                                                                                            bona fide, as required by section                      4412.32.2525; 4412.32.2530;
                                                    measures at least twice the thickness; and
                                                                                                            751(a)(2)(B)(iv) of the Tariff Act of 1930,            4412.32.3125; 4412.32.3135;
                                                       • Certain clad stainless flat-rolled
                                                                                                            as amended (‘‘the Act’’).1 Therefore, we               4412.32.3155; 4412.32.3165;
                                                    products, which are three-layered corrosion-
                                                                                                            are preliminarily rescinding this NSR.                 4412.32.3175; 4412.32.3185;
                                                    resistant flat-rolled steel products less than
                                                                                                            Interested parties are invited to                      4412.32.5600; 4412.39.1000;
                                                    4.75 mm in composite thickness that consist
                                                                                                            comment on the preliminary results of                  4412.39.3000; 4412.39.4011;
                                                    of a flat-rolled steel product clad on both
                                                                                                            this review.                                           4412.39.4012; 4412.39.4019;
                                                    sides with stainless steel in a 20%–60%–
                                                    20% ratio.                                              DATES: Effective June 2, 2016.                         4412.39.4031; 4412.39.4032;
                                                       The products subject to the investigation            FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                   4412.39.4039; 4412.39.4051;
                                                    are currently classified in the Harmonized              Maisha Cryor, AD/CVD Operations,                       4412.39.4052; 4412.39.4059;
                                                    Tariff Schedule of the United States                    Office IV, Enforcement and Compliance,                 4412.39.4061; 4412.39.4062;
                                                    (‘‘HTSUS’’) under item numbers:                         International Trade Administration,                    4412.39.4069; 4412.39.5010;
                                                    7210.30.0030, 7210.30.0060, 7210.41.0000,               Department of Commerce, 1401                           4412.39.5030; 4412.39.5050;
                                                    7210.49.0030, 7210.49.0091, 7210.49.0095,               Constitution Avenue NW., Washington,                   4412.94.1030; 4412.94.1050;
                                                    7210.61.0000, 7210.69.0000, 7210.70.6030,               DC 20230; telephone: (202) 482–5831.                   4412.94.3105; 4412.94.3111;
                                                    7210.70.6060, 7210.70.6090, 7210.90.6000,               SUPPLEMENTARY INFORMATION:                                3 See ‘‘Multilayered Wood Flooring from the
                                                    7210.90.9000, 7212.20.0000, 7212.30.1030,
                                                                                                            Background                                             People’s Republic of China: Submission of
                                                    7212.30.1090, 7212.30.3000, 7212.30.5000,                                                                      Comparable Surrogate Country Comments,’’ dated
                                                    7212.40.1000, 7212.40.5000, 7212.50.0000,                 On October 26, 2015, the Department                  February 16, 2016; see also ‘‘Multilayered Wood
                                                    and 7212.60.0000.                                       published a notice of initiation of a new              Flooring from the People’s Republic of China:
                                                       The products subject to the investigation                                                                   Submission of Surrogate Value Information,’’ dated
                                                                                                            shipper review of the antidumping duty                 February 23, 2016.
                                                    may also enter under the following HTSUS                order on MLWF from the PRC.2 The                          4 See the memorandum to Christian Marsh,
                                                    item numbers: 7210.90.1000, 7215.90.1000,               Department subsequently issued an                      Deputy Assistant Secretary for Antidumping and
                                                    7215.90.3000, 7215.90.5000, 7217.20.1500,               antidumping duty questionnaire, and                    Countervailing Duty Operations, from Maisha
                                                    7217.30.1530, 7217.30.1560, 7217.90.1000,               supplemental questionnaires, to                        Cryor, Office IV, Antidumping and Countervailing
                                                    7217.90.5030, 7217.90.5060, 7217.90.5090,                                                                      Duty Operations, entitled, ‘‘Multilayered Wood
                                                                                                            Qingdao Barry and received timely                      Flooring from the People’s Republic of China:
                                                    7225.91.0000, 7225.92.0000, 7225.99.0090,                                                                      Extension of Deadline for Preliminary Results of
                                                    7226.99.0110, 7226.99.0130, 7226.99.0180,                 1 On February 24, 2016, the President of the         Antidumping Duty New Shipper Review’’ dated
                                                    7228.60.6000, 7228.60.8000, and                         United States signed into law the Trade Facilitation   April 14, 2016.
                                                    7229.90.1000.                                           and Trade Enforcement Act of 2015, Public Law             5 A ‘‘veneer’’ is a thin slice of wood, rotary cut,

                                                       The HTSUS subheadings above are                      114–125 (Feb. 24, 2016), which made amendments         sliced or sawed from a log, bolt or flitch. Veneer is
                                                                                                            to section 751(a)(2)(B) of the Act. These              referred to as a ply when assembled.
                                                    provided for convenience and customs                    amendments apply to this determination.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                      6 For a complete description of the scope of the
                                                    purposes only. The written description of the             2 See Multilayered Wood Flooring From the            order, see Memorandum from Christian Marsh,
                                                    scope of the investigation is dispositive.              People’s Republic of China: Initiation of              Deputy Assistant Secretary for Antidumping and
                                                    [FR Doc. 2016–12979 Filed 6–1–16; 8:45 am]              Antidumping Duty New Shipper Review, 80 FR             Countervailing Operations, to Paul Piquado,
                                                                                                            65200 (October 26, 2015) (‘‘Initiation Notice’’). In   Assistant Secretary for Enforcement and
                                                    BILLING CODE 3510–DS–P                                  that notice, we explained that the review was being    Compliance, entitled ‘‘Preliminary Rescission of the
                                                                                                            initiated in accordance with an order entered by the   2013–2014 Antidumping Duty New Shipper
                                                                                                            U.S. Court of International Trade, wherein the Court   Review: Multilayered Wood Flooring from the
                                                                                                            authorized the Department to initiate and conduct      People’s Republic of China’’ issued concurrently
                                                                                                            this new shipper review based on Qingdao Barry’s       with and hereby adopted by this notice
                                                                                                            December 19, 2014, review request.                     (‘‘Preliminary Decision Memorandum’’).



                                               VerDate Sep<11>2014   18:30 Jun 01, 2016   Jkt 238001   PO 00000   Frm 00014   Fmt 4703   Sfmt 4703   E:\FR\FM\02JNN1.SGM   02JNN1


                                                                                   Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices                                                      35307

                                                    4412.94.3121; 4412.94.3131;                             United States is not a bona fide sale.                 must be filed manually (i.e., in paper
                                                    4412.94.3141; 4412.94.3160;                             The Department reached this conclusion                 form) with the APO/Dockets Unit in
                                                    4412.94.3171; 4412.94.4100;                             based on the totality of circumstances                 Room 18022, and stamped with the date
                                                    4412.94.5100; 4412.94.6000;                             surrounding the reported sale,                         and time of receipt by 5 p.m. ET on the
                                                    4412.94.7000; 4412.94.8000;                             including, among other things, the price               due date.13
                                                    4412.94.9000; 4412.94.9500;                             of the sale and Qingdao Barry’s failure                   The Department intends to issue the
                                                    4412.99.0600; 4412.99.1020;                             to provide evidence that the subject                   final results of this NSR, which will
                                                    4412.99.1030; 4412.99.1040;                             merchandise was resold at a profit.                    include the results of its analysis of
                                                    4412.99.3110; 4412.99.3120;                             Because the non-bona fide sale was the                 issues raised in any briefs received, no
                                                    4412.99.3130; 4412.99.3140;                             only reported sale of subject                          later than 90 days after the date these
                                                    4412.99.3150; 4412.99.3160;                             merchandise during the POR, and thus                   preliminary results of review are issued
                                                    4412.99.3170; 4412.99.4100;                             there are no reviewable transactions on                pursuant to section 751(a)(2)(B)(iii) of
                                                    4412.99.5100; 4412.99.5105;                             this record, we are preliminarily                      the Act.
                                                    4412.99.5115; 4412.99.5710;                             rescinding the instant NSR. Because                    Assessment Rates
                                                    4412.99.6000; 4412.99.7000;                             much of the factual information used in
                                                    4412.99.8000; 4412.99.9000;                             our analysis of Qingdao Barry’s sale                      If the Department proceeds to a final
                                                    4412.99.9500; 4418.71.2000;                             involves business proprietary                          rescission of Qingdao Barry’s NSR, the
                                                    4418.71.9000; 4418.72.2000;                             information, a full discussion of the                  assessment rate to which Qingdao
                                                    4418.72.9500; and 9801.00.2500 of the                   basis for our preliminary determination                Barry’s shipments will be subject will
                                                    Harmonized Tariff Schedule of the                       is set forth in the Bona Fide Sales                    remain unchanged. However, the
                                                    United States (‘‘HTSUS’’). Although the                 Analysis Memorandum, which is on the                   Department initiated an administrative
                                                    HTSUS subheadings are provided for                      record of this proceeding.                             review of the antidumping duty order
                                                    convenience and customs purposes, our                                                                          on MLWF from the PRC covering
                                                                                                            Public Comment                                         numerous exporters, including Qingdao
                                                    written description of the scope of the
                                                    order is dispositive.                                      Interested parties may submit case                  Barry, and the period December 1, 2013
                                                                                                            briefs no later than 14 days after the                 through November 30, 2014, which
                                                    Methodology                                             date of publication of the preliminary                 encompasses the POR of this NSR.14
                                                       The Department is conducting this                    results of review.8 Rebuttals to case                  Thus, if the Department proceeds to a
                                                    review in accordance with section                       briefs may be filed no later than five                 final rescission, we will instruct U.S.
                                                    751(a)(2)(B) of the Act and 19 CFR                      days after the briefs are filed.9 All                  Customs and Border Protection (‘‘CBP’’)
                                                    351.214. For a full description of the                  rebuttal comments must be limited to                   to continue to suspend entries during
                                                    methodology underlying our                              comments raised in the case briefs.10                  the period December 1, 2013, through
                                                    conclusions, see the Preliminary                           Interested parties who wish to request              November 30, 2014 of subject
                                                    Decision Memorandum. The                                a hearing must submit a written request                merchandise exported by Qingdao Barry
                                                    Preliminary Decision Memorandum is a                    to the Assistant Secretary for                         until CBP receives instructions relating
                                                    public document and is on file                          Enforcement & Compliance, U.S.                         to the administrative review of this
                                                    electronically via Enforcement and                      Department of Commerce, within 30                      order covering the period December 1,
                                                    Compliance’s Antidumping and                            days after the date of publication of this             2013 through November 30, 2014.
                                                    Countervailing Duty Centralized                         notice.11 Requests should contain the                     If the Department does not proceed to
                                                    Electronic Service System (‘‘ACCESS’’).                 party’s name, address, and telephone                   a final rescission of this new shipper
                                                    ACCESS is available to registered users                 number, the number of participants, and                review, pursuant to 19 CFR
                                                    at http://access.trade.gov and in the                   a list of the issues to be discussed. Oral             351.212(b)(1), we will calculate an
                                                    Central Records Unit, room B8024 of the                 argument presentations will be limited                 importer-specific (or customer)
                                                    main Department of Commerce                             to issues raised in the briefs. If a request           assessment rate based on the final
                                                    building. In addition, a complete                       for a hearing is made, the Department                  results of this review. However,
                                                    version of the Preliminary Decision                     intends to hold the hearing at the U.S.                pursuant to the Department’s refinement
                                                    Memorandum can be accessed directly                     Department of Commerce, 14th Street                    to its assessment practice in NME cases,
                                                    on the internet at http://www.trade.gov/                and Constitution Avenue NW.,                           for entries that were not reported in the
                                                    enforcement/. The signed Preliminary                    Washington, DC 20230, at a date and                    U.S. sales database submitted by
                                                    Decision Memorandum and the                             time to be determined.12 Parties should                Qingdao Barry, the Department will
                                                    electronic versions of the Preliminary                  confirm by telephone the date, time, and               instruct CBP to liquidate such entries at
                                                    Decision Memorandum are identical in                    location of the hearing two days before                the PRC-wide rate.15
                                                    content.                                                the scheduled date.
                                                                                                               All submissions, with limited                       Cash Deposit Requirements
                                                    Preliminary Rescission of the                           exceptions, must be filed electronically                 Effective upon publication of the final
                                                    Antidumping New Shipper Review of                       using ACCESS. An electronically filed                  rescission or the final results of this
                                                    Qingdao Barry                                           document must be received successfully                 NSR, the Department will instruct CBP
                                                      As discussed in the Bona Fide Sales                   in its entirety by the Department’s                    to discontinue the option of posting a
                                                    Analysis Memorandum,7 the                               electronic records system, ACCESS, by                  bond or security in lieu of a cash
                                                    Department preliminarily finds that the                 5 p.m. Eastern Time (‘‘ET’’) on the due
                                                    sale made by Qingdao Barry to the                       date. Documents excepted from the                        13 See Antidumping and Countervailing Duty
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            electronic submission requirements                     Proceedings: Electronic Filing Procedures;
                                                      7 See Memorandum from Maisha Cryor, Office IV                                                                Administrative Protective Order Procedures, 76 FR
                                                    AD/CVD Operations, to Abdelali Elouaradia,                                                                     39263 (July 6, 2011).
                                                                                                              8 Note that the Department is altering the time
                                                                                                                                                                     14 See Initiation of Antidumping and
                                                    Director, Enforcement and Compliance, Office IV         limit for the submission of case briefs. See 19 CFR
                                                    entitled ‘‘Antidumping Duty New Shipper Review                                                                 Countervailing Duty Administrative Reviews, 80 FR
                                                                                                            351.309(c)(1)(ii).                                     6041, 6044–45 (February 4, 2015).
                                                    of Multilayered Wood Flooring from the People’s           9 See 19 CFR 351.309(d)(1).
                                                                                                                                                                     15 For a full discussion of this practice, see Non-
                                                    Republic of China: Preliminary Bona Fide Sale
                                                                                                              10 See 19 CFR 351.309(d)(2).
                                                    Analysis for Qingdao Barry Flooring Co., Ltd., dated                                                           Market Economy Antidumping Proceedings:
                                                                                                              11 See 19 CFR 351.310(c).
                                                    concurrently with and hereby adopted by this                                                                   Assessment of Antidumping Duties, 76 FR 65694
                                                    notice (‘‘Bona Fide Sales Analysis Memorandum’’).         12 See 19 CFR 351.310(d).                            (October 24, 2011).



                                               VerDate Sep<11>2014   18:30 Jun 01, 2016   Jkt 238001   PO 00000   Frm 00015   Fmt 4703   Sfmt 4703   E:\FR\FM\02JNN1.SGM   02JNN1


                                                    35308                          Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices

                                                    deposit for entries of subject                          the People’s Republic of China (the                    set aside a period of time for parties to
                                                    merchandise by Qingdao Barry. If the                    PRC) as provided in section 705 of the                 address scope issues in case briefs or
                                                    Department proceeds to a final                          Tariff Act of 1930, as amended (the Act).              other written comments on scope issues.
                                                    rescission of this new shipper review,                  For information on the estimated                          For a summary of the product
                                                    the cash deposit rate will continue to be               subsidy rates, see the ‘‘Final                         coverage comments and rebuttal
                                                    the PRC-wide rate for Qingdao Barry                     Determination’’ section of this notice.                responses submitted to the record of this
                                                    because the Department will not have                    The period of investigation is January 1,              final determination, and accompanying
                                                    determined an individual margin of                      2014, through December 31, 2014.                       discussion and analysis of all comments
                                                    dumping for Qingdao Barry. If the                       DATES: Effective Date: June 2, 2016.                   timely received, see the Final Scope
                                                    Department issues final results for this                FOR FURTHER INFORMATION CONTACT:                       Decision Memorandum.4 The Final
                                                    new shipper review, the Department                      Emily Halle or David Lindgren, AD/CVD                  Scope Decision Memorandum is
                                                    will instruct CBP to collect cash                       Operations, Office VII, Enforcement and                incorporated by, and hereby adopted by,
                                                    deposits, effective upon the publication                Compliance, International Trade                        this notice.
                                                    of the final results, at the rates                      Administration, U.S. Department of                     Scope of the Investigation
                                                    established therein.                                    Commerce, 14th Street and Constitution
                                                                                                            Avenue NW., Washington, DC 20230;                         The product covered by this
                                                    Notification to Importers                                                                                      investigation is corrosion-resistant steel
                                                                                                            telephone (202) 482–0176 or (202) 482–
                                                      This notice also serves as a                          3870, respectively.                                    from the PRC. For a complete
                                                    preliminary reminder to importers of                    SUPPLEMENTARY INFORMATION:
                                                                                                                                                                   description of the scope of this
                                                    their responsibility under 19 CFR                                                                              investigation, see the ‘‘Scope of the
                                                    351.402(f)(2) to file a certificate                     Background                                             Investigation,’’ in Appendix II of this
                                                    regarding the reimbursement of                             The Department published the                        notice.
                                                    antidumping duties prior to liquidation                 Preliminary Determination on                           Analysis of Subsidy Programs and
                                                    of the relevant entries during this                     November 6, 2015.1 A summary of the                    Comments Received
                                                    review period. Failure to comply with                   events that occurred since the
                                                    this requirement could result in the                    Department published the Preliminary                     The subsidy programs under
                                                    Department’s presumption that                           Determination, as well as a full                       investigation and the issues raised in
                                                    reimbursement of antidumping duties                     discussion of the issues raised by parties             the case and rebuttal briefs by parties in
                                                    occurred and the subsequent assessment                  for this final determination, may be                   this investigation are discussed in the
                                                    of double antidumping duties.                           found in the Final Decision                            Final Decision Memorandum. A list of
                                                      We are issuing and publishing these                   Memorandum.2 The Final Decision                        the issues that parties raised, and to
                                                    results in accordance with sections                     Memorandum is a public document and                    which we responded in the Final
                                                    751(a)(2)(B) and 777(i)(1) of the Act.                  is on file electronically via Enforcement              Decision Memorandum, is attached to
                                                      Dated: May 24, 2016.                                  and Compliance’s Antidumping and                       this notice at Appendix I.
                                                    Paul Piquado,                                           Countervailing Duty Centralized                        Use of Adverse Facts Available
                                                    Assistant Secretary for Enforcement and                 Electronic Service System (ACCESS).
                                                                                                            ACCESS is available to registered users                   The Department, in making these
                                                    Compliance.
                                                                                                            at http://access.trade.gov, and is                     findings, relied, in part, on facts
                                                    Appendix I—List of Topics Discussed in                  available to all parties in the Central                available and, because one or more
                                                    the Preliminary Decision Memorandum                     Records Unit, Room B8024 of the main                   respondents failed to cooperate by not
                                                                                                            Department of Commerce building. In                    acting to the best of their ability, we
                                                    1. Scope
                                                    2. Bona Fide Sales Analysis                             addition, a complete version of the Final              made adverse inferences.5 For the final
                                                                                                            Decision Memorandum can be accessed                    determination, we are basing the
                                                    [FR Doc. 2016–12951 Filed 6–1–16; 8:45 am]                                                                     countervailing duty (CVD) rates for
                                                                                                            directly at http://enforcement.trade.gov/
                                                    BILLING CODE 3510–DS–P
                                                                                                            frn/. The signed Final Decision                        Angang Group Hong Kong Company
                                                                                                            Memorandum and the electronic                          Ltd. (Angang), Baoshan Iron & Steel Co.,
                                                                                                            version are identical in content.                      Ltd. (Baoshan), Duferco S.A. (Duferco),
                                                    DEPARTMENT OF COMMERCE                                                                                         Changshu Everbright Material
                                                                                                            Period of Investigation                                Technology (Everbright), and Handan
                                                    International Trade Administration
                                                                                                              The period of investigation for which                Iron & Steel Group (Handan) on facts
                                                    [C–570–027]                                             we are measuring subsidies is January 1,               otherwise available, pursuant to
                                                                                                            2014, through December 31, 2014.                       sections 776(a)(2)(A) and (C) of the
                                                    Countervailing Duty Investigation of
                                                    Certain Corrosion-Resistant Steel                       Scope Comments                                         Countervailing Duty Operations, ‘‘Certain
                                                    Products From the People’s Republic                       In accordance with the Preliminary                   Corrosion-Resistant Steel Products From the
                                                    of China: Final Affirmative                                                                                    People’s Republic of China, India, Italy, the
                                                                                                            Scope Determination,3 the Department                   Republic of Korea, and Taiwan: Scope Comments
                                                    Determination, and Final Affirmative                                                                           Decision Memorandum for the Preliminary
                                                    Critical Circumstances Determination,                     1 See Countervailing Duty Investigation of Certain   Determinations,’’ dated December 21, 2015
                                                    in Part                                                 Corrosion-Resistant Steel Products from the            (Preliminary Scope Decision Memorandum). See
                                                                                                            People’s Republic of China: Preliminary Affirmative    also Memorandum to the File, ‘‘Certain Corrosion-
                                                    AGENCY:  Enforcement and Compliance,                    Determination, 80 FR 68843 (November 6, 2015)          Resistant Steel Products From the People’s Republic
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    International Trade Administration,                     (Preliminary Determination).                           of China, India, Italy, the Republic of Korea, and
                                                                                                              2 See Memorandum, ‘‘Issues and Decision              Taiwan: Correction to Preliminary Determination
                                                    Department of Commerce.                                                                                        Scope Memorandum,’’ January 29, 2016.
                                                                                                            Memorandum for the Final Determination in the
                                                    SUMMARY: The Department of Commerce                     Countervailing Duty Investigation of Certain             4 See Memorandum to Christian Marsh, Deputy

                                                    (the Department) determines that                        Corrosion-Resistant Steel Products from the            Assistant Secretary for Antidumping and
                                                    countervailable subsidies are being                     People’s Republic of China,’’ (Final Decision          Countervailing Duty Operations, ‘‘Scope Comments
                                                                                                            Memorandum), dated concurrently with this              Decision Memorandum for the Final
                                                    provided to producers and exporters of                  determination and hereby adopted by this notice.       Determinations,’’ dated concurrently with this
                                                    certain corrosion-resistant steel                         3 See Memorandum to Gary Taverman, Associate         notice.
                                                    products (corrosion-resistant steel) from               Deputy Assistant Secretary for Antidumping and           5 See sections 776(a) and (b) of the Act.




                                               VerDate Sep<11>2014   18:30 Jun 01, 2016   Jkt 238001   PO 00000   Frm 00016   Fmt 4703   Sfmt 4703   E:\FR\FM\02JNN1.SGM   02JNN1



Document Created: 2016-06-02 01:22:35
Document Modified: 2016-06-02 01:22:35
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
DatesEffective June 2, 2016.
ContactMaisha Cryor, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5831.
FR Citation81 FR 35306 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR