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)

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. ---------------------------------------------------------------------------

[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]


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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.
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    \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'').

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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.
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    \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'').
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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.
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    \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.
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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.
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    \5\ Id.
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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.
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    \6\ See Prelim Bona Fide Memo.
    \7\ See Issues and Decision Memorandum.
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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