81 FR 4612 - Multilayered Wood Flooring From the People's Republic of China: Initiation of Antidumping Duty New Shipper Reviews; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 17 (January 27, 2016)
International Trade Administration
Federal Register Volume 81, Issue 17 (January 27, 2016)
| Page Range | 4612-4613 | |
| FR Document | 2016-01644 |
[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)] [Notices] [Pages 4612-4613] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01644] ----------------------------------------------------------------------- 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 Reviews; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce is initiating new shipper reviews of the antidumping duty order on multilayered wood flooring from the People's Republic of China for Jiangsu Keri Wood Co., Ltd. (``Keri Wood'') and Zhejiang Simite Wooden Co., Ltd. (``Simite Wooden''). The period of review (``POR'') is December 1, 2014, through November 30, 2015. DATES: Effective Date: January 27, 2016. FOR FURTHER INFORMATION CONTACT: Maisha Cryor, 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. SUPPLEMENTARY INFORMATION: Background The Department of Commerce (``Department'') published the AD order on multilayered wood flooring from the PRC on December 8, 2011.\1\ On December 31, 2015, the Department received timely new shipper review requests from Keri Wood and Simite Wooden, respectively, 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\ --------------------------------------------------------------------------- \1\ 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). \2\ See Letter from Keri Wood to the Secretary of Commerce ``Multilayered Wood Flooring from the People's Republic of China: New Shipper Review,'' dated December 31, 2015 (``Keri Wood Initiation Request''); see also Simite Wooden to the Secretary of Commerce ``Multilayered Wood Flooring from the People's Republic of China; A-570-970; Request for Antidumping Duty New Shipper Review,'' dated December 31, 2015 (``Simite Wooden Initiation Request''). --------------------------------------------------------------------------- In their submissions, Keri Wood and Simite Wooden stated that they are both the producers and exporters of the subject merchandise upon which their respective review requests were based.\3\ Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Keri Wood and Simite Wooden certified that they did not export multilayered wood flooring to the United States during the period of investigation (``POI'').\4\ In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Keri Wood and Simite Wooden certified that, since the initiation of the investigation, they have 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.\5\ As required by 19 CFR 351.214(b)(2)(iii)(B), Keri Wood and Simite Wooden also certified that their export activities were not controlled by the central government of the PRC.\6\ --------------------------------------------------------------------------- \3\ See Keri Wood Initiation Request at 2 and Exhibit 2; see also Simite Wooden Initiation Request at 1-2. \4\ See Keri Wood Initiation Request at 2 and Exhibit 2; see also Simite Wooden Initiation Request at 2 and Exhibit Req-3. \5\ See Keri Wood Initiation Request at Exhibit 2; see also Simite Wooden Initiation Request at 2-3 and Exhibit Req-3. \6\ See Keri Wood Initiation Request at Exhibit 2; see also Simite Wooden Initiation Request at 3 and Exhibit Req-3. --------------------------------------------------------------------------- In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Keri Wood and Simite Wooden submitted documentation establishing the following: (1) The date on which each company first shipped multilayered wood flooring for export to the United States and the date on which [[Page 4613]] the multilayered wood flooring was first entered, or withdrawn from warehouse, for consumption; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States.\7\ --------------------------------------------------------------------------- \7\ See Keri Wood Initiation Request at Exhibit 1; see also Simite Wooden Initiation Request at Exhibit Req-1. --------------------------------------------------------------------------- The Department conducted U.S. Customs and Border Protection (``CBP'') database queries and confirmed that Keri Wood and Simite Wooden's shipments 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 Keri Wood and Simite Wooden entries were made during the POR specified by the Department's regulations.\8\ --------------------------------------------------------------------------- \8\ See January 15, 2016, Memoranda to the File, regarding ``U.S. Customs and Border Protection Data'' for Keri Wood and Simite Wooden; see also Memorandum to the File entitled, ``Initiation of Antidumping New Shipper Review of Multilayered Wood Flooring from the People's Republic of China: Jiangsu Keri Wood Co., Ltd. (``Keri Wood Initiation Checklist'') dated concurrently with this notice; Memorandum to the File entitled, ``Initiation of Antidumping New Shipper Review of Multilayered Wood Flooring from the People's Republic of China: Zhejiang Simite Wooden Co., Ltd.'' (``Simite Wooden Initiation Checklist'') dated concurrently with this notice. As noted in the Simite Wooden Initiation Checklist, the Department is seeking additional information regarding the entry forming the basis for Simite Wooden's new shipper review. --------------------------------------------------------------------------- Period of Review Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for the new shipper reviews of Keri Wood and Simite Wooden is December 1, 2014, through November 30, 2015. Initiation of New Shipper Reviews Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(b), and the information on the record, the Department finds that the requests submitted by Keri Wood and Simite Wooden meet the threshold requirements for initiation of new shipper reviews for the shipments of multilayered wood flooring from the PRC produced and exported by these companies.\9\ However, if the information supplied by Keri Wood and Simite Wooden 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 record. --------------------------------------------------------------------------- \9\ See Keri Wood Initiation Checklist; see also Simite Wooden Initiation Checklist. --------------------------------------------------------------------------- Pursuant to 19 CFR 351.221(c)(1)(i), the Department will publish the notice of initiation of a new shipper review no later than the last day of the month following the anniversary or semiannual anniversary month of the order. The Department intends to issue the preliminary results of these new shipper reviews 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.\10\ --------------------------------------------------------------------------- \10\ See section 751(a)(2)(B)(iv) of the Act. --------------------------------------------------------------------------- It is the Department's usual practice, in cases involving non- market economies, to require that a company seeking to establish eligibility for an AD 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 questionnaires to Keri Wood and Simite Wooden which will include a section requesting information with regard to these companies' export activities for separate rates purposes. The review of each 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. We will instruct CBP to allow, 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 Keri Wood and Simite Wooden, in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Keri Wood and Simite Wooden claimed that they produced and exported the subject merchandise, the Department will apply the bonding privilege only for subject merchandise that the respondent both produced and exported. To assist in its analysis of the bona fides of Keri Wood and Simite Wooden sales, upon initiation of this new shipper review, the Department will require Keri Wood and Simite Wooden 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 these new shipper reviews 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: January 21, 2016. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2016-01644 Filed 1-26-16; 8:45 am] BILLING CODE 3510-DS-P
![4612 Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices
Number of Respondents: 5. proposed operation and its economic PRC on December 8, 2011.1 On
Frequency of Responses: Reporting: effects because the Act and Regulations December 31, 2015, the Department
On occasion. authorize the Board to restrict or received timely new shipper review
Total Burden Hours: 2,095. prohibit operations that are detrimental requests from Keri Wood and Simite
to the public interest. Wooden, respectively, in accordance
Charlene Parker,
Affected Public: State, local or tribal with section 751(a)(2)(B)(i) of the Tariff
Departmental Information Collection governments or not-for-profit Act of 1930, as amended (‘‘the Act’’),
Clearance Officer.
institutions that are FTZ grantees, as and 19 CFR 351.214(c).2
[FR Doc. 2016–01611 Filed 1–26–16; 8:45 am] well as private companies. In their submissions, Keri Wood and
BILLING CODE 3410–15–P Frequency: As necessary to receive Simite Wooden stated that they are both
FTZ benefits. the producers and exporters of the
Respondent’s Obligation: Mandatory. subject merchandise upon which their
DEPARTMENT OF COMMERCE This information collection request respective review requests were based.3
may be viewed at reginfo.gov. Follow Pursuant to section 751(a)(2)(B)(i)(I) of
Submission for OMB Review; the instructions to view Department of the Act and 19 CFR 351.214(b)(2)(i),
Comment Request Commerce collections currently under Keri Wood and Simite Wooden certified
review by OMB. that they did not export multilayered
The Department of Commerce will
Written comments and wood flooring to the United States
submit to the Office of Management and
recommendations for the proposed during the period of investigation
Budget (OMB) for clearance the
information collection should be sent (‘‘POI’’).4 In addition, pursuant to
following proposal for collection of
within 30 days of publication of this section 751(a)(2)(B)(i)(II) of the Act and
information under the provisions of the
notice to OIRA_Submission@ 19 CFR 351.214(b)(2)(iii)(A), Keri Wood
Paperwork Reduction Act (44 U.S.C.
omb.eop.gov or fax to (202) 395–5806. and Simite Wooden certified that, since
chapter 35).
the initiation of the investigation, they
Agency: International Trade Sheleen Dumas,
have never been affiliated with any
Administration. Departmental PRA Lead, Office of the Chief producer or exporter that exported
Title: Foreign-Trade Zone Information Officer.
multilayered wood flooring to the
Applications. [FR Doc. 2016–01607 Filed 1–26–16; 8:45 am]
United States during the POI, including
OMB Control Number: 0625–0139. BILLING CODE 3510–DS–P those not individually examined during
Form Number(s): N/A. the investigation.5 As required by 19
Type of Request: Regular Submission. CFR 351.214(b)(2)(iii)(B), Keri Wood
Number of Respondents: 248. DEPARTMENT OF COMMERCE and Simite Wooden also certified that
Average Hours per Response: New their export activities were not
Zone Application, 131 hours; Subzone International Trade Administration
controlled by the central government of
Application, 4.5 hours; Reorganization/ [A–570–970] the PRC.6
Expansion Application, 99 hours; In addition to the certifications
Production Notification, 5.5 hours; Multilayered Wood Flooring From the described above, pursuant to 19 CFR
Production Application, 34 hours; People’s Republic of China: Initiation 351.214(b)(2)(iv), Keri Wood and Simite
Minor Boundary Modifications, 3.5 of Antidumping Duty New Shipper Wooden submitted documentation
hours; Waivers, 9 hours. Reviews; 2014–2015 establishing the following: (1) The date
Burden Hours: 3,128. on which each company first shipped
Needs and Uses: The Foreign-Trade AGENCY: Enforcement and Compliance,
International Trade Administration, multilayered wood flooring for export to
Zone Application is the vehicle by the United States and the date on which
which individual firms or organizations Department of Commerce.
apply for foreign-trade zone (FTZ) SUMMARY: The Department of Commerce 1 See Multilayered Wood Flooring from the
status, for subzone status, production is initiating new shipper reviews of the People’s Republic of China: Amended Final
authority, or for expansion/ antidumping duty order on multilayered Determination of Sales at Less Than Fair Value and
reorganization of an existing zone. The wood flooring from the People’s Antidumping Duty Order, 76 FR 76690 (December
Republic of China for Jiangsu Keri Wood 8, 2011) (‘‘Order’’), as amended Multilayered Wood
FTZ Act and Regulations require that an Flooring from the People’s Republic of China:
application with a description of the Co., Ltd. (‘‘Keri Wood’’) and Zhejiang Amended Antidumping and Countervailing Duty
proposed project be made to the FTZ Simite Wooden Co., Ltd. (‘‘Simite Orders, 77 FR 5484 (February 3, 2012).
Board (19 U.S.C. 81b and 81f; 15 CFR Wooden’’). The period of review 2 See Letter from Keri Wood to the Secretary of
400.24–26) before a license can be (‘‘POR’’) is December 1, 2014, through Commerce ‘‘Multilayered Wood Flooring from the
November 30, 2015. People’s Republic of China: New Shipper Review,’’
issued or a zone can be expanded. The dated December 31, 2015 (‘‘Keri Wood Initiation
Act and Regulations require that DATES: Effective Date: January 27, 2016. Request’’); see also Simite Wooden to the Secretary
applications contain detailed FOR FURTHER INFORMATION CONTACT: of Commerce ‘‘Multilayered Wood Flooring from
the People’s Republic of China; A–570–970;
information on facilities, financing, Maisha Cryor, AD/CVD Operations, Request for Antidumping Duty New Shipper
operational plans, proposed production Office 4, Enforcement and Compliance, Review,’’ dated December 31, 2015 (‘‘Simite
operations, need, and economic impact. International Trade Administration, Wooden Initiation Request’’).
Production activity in zones or U.S. Department of Commerce, 14th 3 See Keri Wood Initiation Request at 2 and
subzones, can involve issues related to Street and Constitution Avenue NW., Exhibit 2; see also Simite Wooden Initiation
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Request at 1–2.
domestic industry and trade policy Washington, DC 20230; telephone: 202– 4 See Keri Wood Initiation Request at 2 and
impact. Such applications must include 482–5831. Exhibit 2; see also Simite Wooden Initiation
specific information on the customs SUPPLEMENTARY INFORMATION: Request at 2 and Exhibit Req-3.
tariff-related savings that result from 5 See Keri Wood Initiation Request at Exhibit 2;
zone procedures and the economic Background see also Simite Wooden Initiation Request at 2–3
and Exhibit Req-3.
consequences of permitting such The Department of Commerce 6 See Keri Wood Initiation Request at Exhibit 2;
savings. The FTZ Board needs complete (‘‘Department’’) published the AD order see also Simite Wooden Initiation Request at 3 and
and accurate information on the on multilayered wood flooring from the Exhibit Req-3.
VerDate Sep<11>2014 19:41 Jan 26, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\27JAN1.SGM 27JAN1](https://thefederalregister.org/doc/81_FR_4629/page/1.svg)
![Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Notices 4613
the multilayered wood flooring was first of initiation of a new shipper review no Dated: January 21, 2016.
entered, or withdrawn from warehouse, later than the last day of the month Gary Taverman,
for consumption; (2) the volume of its following the anniversary or semiannual Associate Deputy Assistant Secretary for
first shipment; and (3) the date of its anniversary month of the order. The Antidumping and Countervailing Duty
first sale to an unaffiliated customer in Department intends to issue the Operations.
the United States.7 preliminary results of these new shipper [FR Doc. 2016–01644 Filed 1–26–16; 8:45 am]
The Department conducted U.S. reviews no later than 180 days from the BILLING CODE 3510–DS–P
Customs and Border Protection (‘‘CBP’’) date of initiation, and the final results
database queries and confirmed that no later than 90 days from the issuance
Keri Wood and Simite Wooden’s of the preliminary results.10 DEPARTMENT OF COMMERCE
shipments of subject merchandise had It is the Department’s usual practice,
entered the United States for International Trade Administration
in cases involving non-market
consumption and that liquidation of [A–570–905]
economies, to require that a company
such entries had been properly
seeking to establish eligibility for an AD
suspended for antidumping duties. The Certain Polyester Staple Fiber From
rate separate from the country-wide rate
Department also confirmed by the People’s Republic of China: Final
provide evidence of de jure and de facto
examining CBP data that Keri Wood and Results of the Antidumping Duty
absence of government control over the
Simite Wooden entries were made Administrative Review; 2013–2014
company’s export activities.
during the POR specified by the
Accordingly, the Department will issue AGENCY: Enforcement and Compliance,
Department’s regulations.8
questionnaires to Keri Wood and Simite International Trade Administration,
Period of Review Wooden which will include a section Department of Commerce.
Pursuant to 19 CFR requesting information with regard to SUMMARY: The Department of Commerce
351.214(g)(1)(i)(A), the POR for the new these companies’ export activities for (the ‘‘Department’’) has conducted an
shipper reviews of Keri Wood and separate rates purposes. The review of administrative review of the
Simite Wooden is December 1, 2014, each exporter will proceed if the antidumping duty order on certain
through November 30, 2015. response provides sufficient indication polyester staple fiber from the People’s
that it is not subject to either de jure or Republic of China (‘‘PRC’’), for the
Initiation of New Shipper Reviews de facto government control with period of review (‘‘POR’’), June 1, 2013,
Pursuant to section 751(a)(2)(B) of the respect to its export of subject to May 31, 2014. On July 22, 2015, the
Act and 19 CFR 351.214(b), and the merchandise. Department published the preliminary
information on the record, the We will instruct CBP to allow, at the results of this review, and received no
Department finds that the requests option of the importer, the posting of a comments from interested parties.
submitted by Keri Wood and Simite bond or security in lieu of a cash Therefore, the final results do not differ
Wooden meet the threshold deposit for each entry of the subject from the preliminary results. The
requirements for initiation of new merchandise from Keri Wood and Department continues to determine that
shipper reviews for the shipments of Simite Wooden, in accordance with Zhaoqing Tifo New Fibre Co., Ltd.
multilayered wood flooring from the section 751(a)(2)(B)(iii) of the Act and (‘‘Zhaoqing Tifo’’) failed to establish its
PRC produced and exported by these 19 CFR 351.214(e). Because Keri Wood eligibility for a separate rate for the
companies.9 However, if the and Simite Wooden claimed that they POR, and thus, is a part of the PRC-wide
information supplied by Keri Wood and produced and exported the subject entity, and that Takayasu Industrial
Simite Wooden is later found to be merchandise, the Department will apply (Jiangyin) Co., Ltd. (‘‘Takayasu’’) had no
incorrect or insufficient during the the bonding privilege only for subject reviewable entries during the POR.
course of this proceeding, the merchandise that the respondent both DATES: Effective Date: January 27, 2016.
Department may rescind the review or produced and exported. To assist in its FOR FURTHER INFORMATION CONTACT:
apply adverse facts available pursuant analysis of the bona fides of Keri Wood Javier Barrientos, AD/CVD Operations,
to section 776 of the Act, depending and Simite Wooden sales, upon Office V, Enforcement and Compliance,
upon the facts on record. initiation of this new shipper review, International Trade Administration,
Pursuant to 19 CFR 351.221(c)(1)(i), the Department will require Keri Wood Department of Commerce, 14th Street
the Department will publish the notice and Simite Wooden to submit on an and Constitution Avenue NW.,
ongoing basis complete transaction Washington, DC 20230; telephone,
7 See Keri Wood Initiation Request at Exhibit 1;
see also Simite Wooden Initiation Request at
information concerning any sales of 202.482.2243.
Exhibit Req-1. subject merchandise to the United SUPPLEMENTARY INFORMATION:
8 See January 15, 2016, Memoranda to the File, States that were made subsequent to the
regarding ‘‘U.S. Customs and Border Protection POR. Scope of the Order
Data’’ for Keri Wood and Simite Wooden; see also
Memorandum to the File entitled, ‘‘Initiation of Interested parties requiring access to The merchandise subject to the order
Antidumping New Shipper Review of Multilayered proprietary information in these new is certain polyester staple fiber. The
Wood Flooring from the People’s Republic of China: shipper reviews should submit product is currently classified under the
Jiangsu Keri Wood Co., Ltd. (‘‘Keri Wood Initiation applications for disclosure under Harmonized Tariff Schedule of the
Checklist’’) dated concurrently with this notice;
Memorandum to the File entitled, ‘‘Initiation of administrative protective order in United States (‘‘HTSUS’’) numbers
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Antidumping New Shipper Review of Multilayered accordance with 19 CFR 351.305 and 19 5503.20.0045 and 5503.20.0065.
Wood Flooring from the People’s Republic of China: CFR 351.306. Although the HTSUS numbers are
Zhejiang Simite Wooden Co., Ltd.’’ (‘‘Simite provided for convenience and customs
Wooden Initiation Checklist’’) dated concurrently This initiation and notice are in
with this notice. As noted in the Simite Wooden accordance with section 751(a)(2)(B) of purposes, the written description of the
Initiation Checklist, the Department is seeking the Act and 19 CFR 351.214 and 19 CFR scope of the order remains dispositive.1
additional information regarding the entry forming
the basis for Simite Wooden’s new shipper review.
351.221(c)(1)(i). 1 For a full description of the scope, see Decision
9 See Keri Wood Initiation Checklist; see also Memorandum from Christian Marsh, Deputy
Simite Wooden Initiation Checklist. 10 See section 751(a)(2)(B)(iv) of the Act. Continued
VerDate Sep<11>2014 19:41 Jan 26, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\27JAN1.SGM 27JAN1](https://thefederalregister.org/doc/81_FR_4629/page/2.svg)
Document Created: 2018-02-02 12:39:55
Document Modified: 2018-02-02 12:39:55
| 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: January 27, 2016. | |
| Contact | Maisha Cryor, 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. | |
| FR Citation | 81 FR 4612 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR