81 FR 46906 - Multilayered Wood Flooring From the People's Republic of China: Rescission of Antidumping Duty New Shipper Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 138 (July 19, 2016)
International Trade Administration
Federal Register Volume 81, Issue 138 (July 19, 2016)
| Page Range | 46906-46907 | |
| FR Document | 2016-17050 |
[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)] [Notices] [Pages 46906-46907] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17050] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-970] Multilayered Wood Flooring From the People's Republic of China: Rescission of Antidumping Duty New Shipper Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (``Department'') published its Preliminary Rescission for the new shipper review (``NSR'') of the antidumping duty order on multilayered wood flooring from the People's Republic of China (``PRC'') on June 2, 2016.\1\ The period of review (``POR'') is December 1, 2013 through November 30, 2014. As discussed below, we preliminarily found that the sale made by Qingdao Barry Flooring Co., Ltd. (``Qingdao Barry'') is not bona fide, and announced our preliminary intent to rescind its NSR. For the final results of this review, we continue to find Qingdao Barry's sale to be non-bona fide. Therefore, we are rescinding this NSR. --------------------------------------------------------------------------- \1\ See Multilayered Wood Flooring From the People's Republic of China: Preliminary Rescission of 2013-2014 Antidumping Duty New Shipper Review, 81 FR 35306 (June 2, 2016) (``Preliminary Rescission''); see also 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 May 24, 2016 (``Prelim Bona Fide Memo''). --------------------------------------------------------------------------- DATES: Effective Date: July 19, 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 For a complete description of the events that followed the publication of the Preliminary Rescission, see the Issues and Decision Memorandum.\2\ The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's AD and Countervailing Duty (``CVD'') 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 Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \2\ See Memorandum from Christian Marsh, Deputy Assistant Secretary, Antidumping and Countervailing Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, entitled ``Multilayered Wood Flooring From the People's Republic of China: Issues and Decision Memorandum for the Final Rescission of the 2013-2014 New Shipper Review'' issued concurrently with and hereby adopted by this notice (``Issues and Decision Memorandum''). --------------------------------------------------------------------------- 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 \3\ in combination with a core.\4\ 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; 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; [[Page 46907]] 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. --------------------------------------------------------------------------- \3\ 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. \4\ For a complete description of the scope of the order, see the Issues and Decision Memorandum. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case briefs by parties are addressed in the Issues and Decision Memorandum.\5\ A list of the issues which parties raised is attached to this notice as an Appendix. --------------------------------------------------------------------------- \5\ Id. --------------------------------------------------------------------------- Bona Fide Analysis For the Preliminary Rescission, the Department analyzed the bona fides of Qingdao Barry's single sale and preliminarily found it was not a bona fide sale.\6\ Based on the Department's complete analysis of all of the information and comments on the record of this review, the Department continues to find Qingdao Barry's sale is not a bona fide sale, and it thus not reviewable pursuant to section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (``the Act''). The Department reached this conclusion based on its consideration of the totality of circumstances, including: (a) The atypical nature of the sale price; (b) Qingdao Barry's failure to demonstrate that its first unaffiliated customer resold the merchandise at a profit; (c) the nature of the relationship between Qingdao Barry and its U.S. customer; and (d) unusual circumstances concerning payment.\7\ For a complete discussion, see the Prelim Bona Fide Memo and the Issues and Decision Memorandum. --------------------------------------------------------------------------- \6\ See Prelim Bona Fide Memo. \7\ See Issues and Decision Memorandum. --------------------------------------------------------------------------- Rescission of New Shipper Review For the foregoing reasons, the Department continues to find that Qingdao Barry's sale is not a bona fide sale and that this sale does not provide a reasonable or reliable basis for calculating a dumping margin. Because this sale was Qingdao Barry's only sale of subject merchandise during the POR, the Department is rescinding this NSR. Assessment As the Department is rescinding this NSR, we have not calculated a company-specific dumping margin for Qingdao Barry. Qingdao Barry remains part of the PRC-wide entity and, accordingly, its entry will be assessed at the PRC-wide rate. Cash Deposit Requirements Effective upon publication of this notice of final rescission of the NSR of Qingdao Barry, the Department will instruct U.S. Customs and Border Protection to discontinue the option of posting a bond or security in lieu of a cash deposit for entries of subject merchandise from Qingdao Barry. Because we did not calculate a dumping margin for Qingdao Barry or otherwise find that Qingdao Barry is eligible for a separate rate in this review, Qingdao Barry continues to be part of the PRC-wide entity. The cash deposit rate for the PRC-wide entity is 25.62 percent. These cash deposit requirements shall remain in effect until further notice. Administrative Protective Order This notice also serves as a reminder to parties subject to Administrative Protective Order (``APO'') of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in these segments of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing this notice in accordance with sections 751(a)(2)(B) and 777(i) of the Tariff Act of 1930, as amended, and 19 CFR 351.214. Dated: July 12, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix--Issues and Decision Memorandum Summary Background Scope of the Order Discussion of the Issues Comment 1: Whether the Department Used The Correct Time Period for Data Comparison Purposes Comment 2: Whether the Department Properly Evaluated the Price Differential Comment 3: Whether the Department Properly Considered Whether the Sale was Resold at a Profit and the Arms-Length Nature of the Sale Comment 4: Whether the Department Properly Analyzed Other Factors in Its Bona Fide Analysis Recommendation [FR Doc. 2016-17050 Filed 7-18-16; 8:45 am] BILLING CODE 3510-DS-P
![46906 Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Notices
Administrative Protective Order DEPARTMENT OF COMMERCE electronically via Enforcement and
Compliance’s AD and Countervailing
This notice serves as a reminder to International Trade Administration Duty (‘‘CVD’’) Centralized Electronic
parties subject to administrative Service System (‘‘ACCESS’’). ACCESS is
[A–570–970]
protective order (APO) of their available to registered users at http://
responsibility concerning the Multilayered Wood Flooring From the access.trade.gov and in the Central
disposition of proprietary information People’s Republic of China: Records Unit, Room B8024 of the main
disclosed under APO in accordance Rescission of Antidumping Duty New Department of Commerce building. In
with 19 CFR 351.305(a)(3). Timely Shipper Review; 2013–2014 addition, a complete version of the
written notification of destruction of Issues and Decision Memorandum can
APO materials or conversion to judicial AGENCY: Enforcement and Compliance, be accessed directly at http://
protective order is hereby requested. International Trade Administration, enforcement.trade.gov/frn/index.html.
Failure to comply with the regulations Department of Commerce. The signed Issues and Decision
and the terms of an APO is a SUMMARY: The Department of Commerce Memorandum and the electronic
sanctionable violation. (‘‘Department’’) published its version of the Issues and Decision
Preliminary Rescission for the new Memorandum are identical in content.
We are issuing and publishing these shipper review (‘‘NSR’’) of the
results in accordance with sections antidumping duty order on multilayered Scope of the Order
751(a)(1) and 777(i)(1) of the Act. wood flooring from the People’s The merchandise covered by the order
Dated: July 12, 2016. Republic of China (‘‘PRC’’) on June 2, is multilayered wood flooring, which is
Ronald K. Lorentzen, 2016.1 The period of review (‘‘POR’’) is composed of an assembly of two or
Acting Assistant Secretary for Enforcement
December 1, 2013 through November more layers or plies of wood veneers 3
and Compliance. 30, 2014. As discussed below, we in combination with a core.4
preliminarily found that the sale made Merchandise covered by this review is
Appendix I—List of Topics Discussed in by Qingdao Barry Flooring Co., Ltd. classifiable under subheadings
the Issues and Decision Memorandum (‘‘Qingdao Barry’’) is not bona fide, and 4412.31.0520; 4412.31.0540;
announced our preliminary intent to 4412.31.0560; 4412.31.2510;
I. Summary
rescind its NSR. For the final results of 4412.31.2520; 4412.31.4040;
II. Period of Review
III. Scope of the Order
this review, we continue to find 4412.31.4050; 4412.31.4060;
IV. Subsidies Valuation Information
Qingdao Barry’s sale to be non-bona 4412.31.4070; 4412.31.4075;
V. Benchmarks and Discount Rates
fide. Therefore, we are rescinding this 4412.31.4080; 4412.31.5125;
VI. Use of Facts Otherwise Available and NSR. 4412.31.5135; 4412.31.5155;
Adverse Inferences DATES: Effective Date: July 19, 2016. 4412.31.5165; 4412.31.6000;
VII. Analysis of Programs FOR FURTHER INFORMATION CONTACT: 4412.31.9100; 4412.32.0520;
VIII. Final Results of Review Maisha Cryor, AD/CVD Operations, 4412.32.0540; 4412.32.0560;
IX. Analysis of Comments Office IV, Enforcement and Compliance, 4412.32.0565; 4412.32.0570;
Comment 1: Usage of Export Buyer’s Credit International Trade Administration, 4412.32.2510; 4412.32.2520;
Program Department of Commerce, 1401 4412.32.2525; 4412.32.2530;
Comment 2: Selection of AFA Rate for Constitution Avenue NW., Washington, 4412.32.3125; 4412.32.3135;
Export Buyer’s Credit Program DC 20230; telephone: (202) 482–5831. 4412.32.3155; 4412.32.3165;
Comment 3: Specificity of Aluminum 4412.32.3175; 4412.32.3185;
SUPPLEMENTARY INFORMATION:
Extrusion for LTAR Program 4412.32.5600; 4412.39.1000;
Comment 4: Polysilicon Market Distortions Background 4412.39.3000; 4412.39.4011;
Comment 5: Polysilicon Benchmark 4412.39.4012; 4412.39.4019;
For a complete description of the
Comment 6: Solar Glass Benchmark 4412.39.4031; 4412.39.4032;
events that followed the publication of
Comment 7: Ocean Freight Benchmark 4412.39.4039; 4412.39.4051;
the Preliminary Rescission, see the
Comment 8: Inclusion of VAT in LTAR 4412.39.4052; 4412.39.4059;
Issues and Decision Memorandum.2 The
Benchmarks 4412.39.4061; 4412.39.4062;
Issues and Decision Memorandum is a
Comment 9: Electricity Benchmarks 4412.39.4069; 4412.39.5010;
public document and is on file
Comment 10: Electricity Benefit 4412.39.5030; 4412.39.5050;
Calculation 1 See Multilayered Wood Flooring From the 4412.94.1030; 4412.94.1050;
Comment 11: Application of People’s Republic of China: Preliminary Rescission 4412.94.3105; 4412.94.3111;
Uncreditworthy Discount Rates to of 2013–2014 Antidumping Duty New Shipper 4412.94.3121; 4412.94.3131;
Variable Loans Review, 81 FR 35306 (June 2, 2016) (‘‘Preliminary 4412.94.3141; 4412.94.3160;
Comment 12: Application of Rescission’’); see also Memorandum from Maisha
Cryor, Office IV AD/CVD Operations, to Abdelali
4412.94.3171; 4412.94.4100;
Uncreditworthy Discount Rates to Elouaradia, Director, Enforcement and Compliance, 4412.94.5100; 4412.94.6000;
Imported Equipment Purchases Office IV entitled ‘‘Antidumping Duty New Shipper 4412.94.7000; 4412.94.8000;
Comment 13: Minor Corrections Review of Multilayered Wood Flooring from the 4412.94.9000; 4412.94.9500;
X. Recommendation People’s Republic of China: Preliminary Bona Fide
Sale Analysis for Qingdao Barry Flooring Co., Ltd.,’’
4412.99.0600; 4412.99.1020;
[FR Doc. 2016–17064 Filed 7–18–16; 8:45 am] dated May 24, 2016 (‘‘Prelim Bona Fide Memo’’). 4412.99.1030; 4412.99.1040;
2 See Memorandum from Christian Marsh, Deputy 4412.99.3110; 4412.99.3120;
mstockstill on DSK3G9T082PROD with NOTICES
BILLING CODE 3510–DS–P
Assistant Secretary, Antidumping and 4412.99.3130; 4412.99.3140;
Countervailing Operations, to Ronald K. Lorentzen, 4412.99.3150; 4412.99.3160;
Acting Assistant Secretary for Enforcement and
Compliance, entitled ‘‘Multilayered Wood Flooring
3 A ‘‘veneer’’ is a thin slice of wood, rotary cut,
From the People’s Republic of China: Issues and
Decision Memorandum for the Final Rescission of sliced or sawed from a log, bolt or flitch. Veneer is
the 2013–2014 New Shipper Review’’ issued referred to as a ply when assembled.
concurrently with and hereby adopted by this 4 For a complete description of the scope of the
notice (‘‘Issues and Decision Memorandum’’). order, see the Issues and Decision Memorandum.
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![Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Notices 46907
4412.99.3170; 4412.99.4100; company-specific dumping margin for Recommendation
4412.99.5100; 4412.99.5105; Qingdao Barry. Qingdao Barry remains [FR Doc. 2016–17050 Filed 7–18–16; 8:45 am]
4412.99.5115; 4412.99.5710; part of the PRC-wide entity and, BILLING CODE 3510–DS–P
4412.99.6000; 4412.99.7000; accordingly, its entry will be assessed at
4412.99.8000; 4412.99.9000; the PRC-wide rate.
4412.99.9500; 4418.71.2000; DEPARTMENT OF COMMERCE
Cash Deposit Requirements
4418.71.9000; 4418.72.2000;
4418.72.9500; and 9801.00.2500 of the Effective upon publication of this National Telecommunications and
Harmonized Tariff Schedule of the notice of final rescission of the NSR of Information Administration
United States (‘‘HTSUS’’). Although the Qingdao Barry, the Department will [Docket Number: 160706588–6588–01]
HTSUS subheadings are provided for instruct U.S. Customs and Border
convenience and customs purposes, our Protection to discontinue the option of RIN 0660–XC027
written description of the scope of the posting a bond or security in lieu of a
cash deposit for entries of subject State Alternative Plan Program (SAPP)
order is dispositive.
merchandise from Qingdao Barry. and the First Responder Network
Analysis of Comments Received Because we did not calculate a dumping Authority Nationwide Public Safety
All issues raised in the case briefs by margin for Qingdao Barry or otherwise Broadband Network
parties are addressed in the Issues and find that Qingdao Barry is eligible for a AGENCY: National Telecommunications
Decision Memorandum.5 A list of the separate rate in this review, Qingdao and Information Administration, U.S.
issues which parties raised is attached Barry continues to be part of the PRC- Department of Commerce.
to this notice as an Appendix. wide entity. The cash deposit rate for ACTION: Notice and request for
the PRC-wide entity is 25.62 percent. comments.
Bona Fide Analysis These cash deposit requirements shall
For the Preliminary Rescission, the remain in effect until further notice. SUMMARY: The National
Department analyzed the bona fides of Telecommunications and Information
Qingdao Barry’s single sale and Administrative Protective Order
Administration (NTIA) publishes this
preliminarily found it was not a bona This notice also serves as a reminder Notice to provide preliminary guidance
fide sale.6 Based on the Department’s to parties subject to Administrative concerning how a qualified state may
complete analysis of all of the Protective Order (‘‘APO’’) of their apply to NTIA for authority to enter into
information and comments on the responsibility concerning the return or a spectrum capacity lease with the First
record of this review, the Department destruction of proprietary information Responder Network Authority (FirstNet)
continues to find Qingdao Barry’s sale is disclosed under APO in accordance and receive a grant to construct its radio
not a bona fide sale, and it thus not with 19 CFR 351.305, which continues access network (RAN) should it opt to
reviewable pursuant to section to govern business proprietary do so as allowed under the Middle Class
751(a)(2)(B)(iv) of the Tariff Act of 1930, information in these segments of the Tax Relief and Job Creation Act of 2012
as amended (‘‘the Act’’). The proceeding. Timely written notification (Pub. L. 112–96, Title VI, 126 Stat. 256
Department reached this conclusion of the return or destruction of APO (codified at 47 U.S.C. 1401 et seq.) (Act).
based on its consideration of the totality materials, or conversion to judicial NTIA also seeks public comment on this
of circumstances, including: (a) The protective order, is hereby requested. preliminary guidance through this
atypical nature of the sale price; (b) Failure to comply with the regulations Notice.
Qingdao Barry’s failure to demonstrate and terms of an APO is a violation
DATES: Submit written comments on or
that its first unaffiliated customer resold which is subject to sanction.
before August 18, 2016.
the merchandise at a profit; (c) the We are issuing and publishing this
notice in accordance with sections ADDRESSES: The public may submit
nature of the relationship between
751(a)(2)(B) and 777(i) of the Tariff Act written comments on issues addressed
Qingdao Barry and its U.S. customer;
of 1930, as amended, and 19 CFR in this Notice. Written comments may
and (d) unusual circumstances
351.214. be submitted electronically via email to:
concerning payment.7 For a complete
sapp-comments@ntia.doc.gov or by mail
discussion, see the Prelim Bona Fide Dated: July 12, 2016. to: Office of Public Safety
Memo and the Issues and Decision Ronald K. Lorentzen, Communications, National
Memorandum. Acting Assistant Secretary for Enforcement Telecommunications and Information
Rescission of New Shipper Review and Compliance. Administration, U.S. Department of
For the foregoing reasons, the Appendix—Issues and Decision Commerce, 1401 Constitution Avenue
Department continues to find that Memorandum NW., Room 4078, Washington, DC
Qingdao Barry’s sale is not a bona fide 20230. Comments submitted by email
Summary
sale and that this sale does not provide should be machine-readable and should
Background
a reasonable or reliable basis for Scope of the Order not be copy-protected. Commenters
calculating a dumping margin. Because Discussion of the Issues should include the name of the person
this sale was Qingdao Barry’s only sale Comment 1: Whether the Department Used or organization filing the comment, as
of subject merchandise during the POR, The Correct Time Period for Data well as a page number on each page of
the Department is rescinding this NSR.
Comparison Purposes their submissions. Paper submissions
Comment 2: Whether the Department should also include a CD or DVD with
mstockstill on DSK3G9T082PROD with NOTICES
Assessment Properly Evaluated the Price Differential an electronic version of the document,
Comment 3: Whether the Department
As the Department is rescinding this which should be labeled with the name
Properly Considered Whether the Sale
NSR, we have not calculated a was Resold at a Profit and the Arms- and organization of the filer. All
Length Nature of the Sale comments received are a part of the
5 Id. Comment 4: Whether the Department public record and will generally be
6 See Prelim Bona Fide Memo. Properly Analyzed Other Factors in Its posted to the NTIA Web site (http://
7 See Issues and Decision Memorandum. Bona Fide Analysis www.ntia.doc.gov) without change. All
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Document Created: 2016-07-19 01:11:00
Document Modified: 2016-07-19 01:11:00
| 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 | |
| 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. | |
| FR Citation | 81 FR 46906 |
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