81_FR_74600 81 FR 74393 - Multilayered Wood Flooring From the People's Republic of China: Rescission of Antidumping Duty New Shipper Reviews; 2014-2015

81 FR 74393 - Multilayered Wood Flooring From the People's Republic of China: Rescission of Antidumping Duty New Shipper Reviews; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 207 (October 26, 2016)

Page Range74393-74395
FR Document2016-25901

The Department of Commerce (Department) finds that the sale made by Dongtai Zhangshi Wood Industry Co., Ltd. (Zhangshi) and the sale made by Huzhou Muyun Wood Co., Ltd. (Muyun) are non-bona fide. Therefore, we are rescinding these new shipper reviews (NSRs).

Federal Register, Volume 81 Issue 207 (Wednesday, October 26, 2016)
[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74393-74395]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25901]


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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 Reviews; 2014-2015

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

SUMMARY: The Department of Commerce (Department) finds that the sale 
made by Dongtai Zhangshi Wood Industry Co., Ltd. (Zhangshi) and the 
sale made by Huzhou Muyun Wood Co., Ltd. (Muyun) are non-bona fide. 
Therefore, we are rescinding these new shipper reviews (NSRs).

DATES: Effective October 26, 2016.

FOR FURTHER INFORMATION CONTACT: Robert Galantucci (202-482-2923) or 
Aleksandras Nakutis (202-482-3147), AD/CVD Operations, Office IV, 
Enforcement and Compliance, International Trade Administration, 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published its Preliminary Rescission of the NSRs of 
the antidumping duty order on multilayered wood flooring from the 
People's Republic of China (PRC) on May 31, 2016.\1\ We preliminarily 
found that the sale made by Zhangshi and the sale made by Muyun were 
not bona fide, and announced our preliminary intent to rescind the 
NSRs.
---------------------------------------------------------------------------

    \1\ See Multilayered Wood Flooring From the People's Republic of 
China: Preliminary Rescission of 2014-2015 Antidumping Duty New 
Shipper Reviews, 81 FR 34310 (May 31, 2016) (Preliminary 
Rescission); see also Memorandum from Robert Galantucci to Abdelali 
Elouaradia, ``Antidumping Duty New Shipper Review of Multilayered 
Wood Flooring from the People's Republic of China: Bona Fide Sale 
Analysis for Dongtai Zhangshi Wood Industry Co., Ltd.,'' dated May 
20, 2016 (Zhangshi Prelim Bona Fide Memo); Memorandum from 
Aleksandras Nakutis to Abdelali Elouaradia, ``Antidumping Duty New 
Shipper Review of Multilayered Wood Flooring from the People's 
Republic of China: Bona Fide Sale Analysis for Huzhou Muyun Wood 
Co., Ltd.,'' dated May 20, 2016 (Muyun Prelim Bona Fide Memo).
---------------------------------------------------------------------------

    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 
Antidumping Duty (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 to Ronald K. Lorentzen, 
``Multilayered Wood Flooring from the People's Republic of China: 
Issues and Decision Memorandum for the Final Rescission of the 2014-
2015 New Shipper Reviews'' 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

[[Page 74394]]

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; 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\ See Issues and Decision Memorandum. The Department has also 
issued business proprietary discussions of the comments raised, as 
many of the comments relied heavily on business proprietary 
information (BPI). See Memorandum to Abdelali Elouaradia, ``Final 
Results of the Antidumping Duty New Shipper Review--Multilayered 
Wood Flooring from the People's Republic of China: Business 
Proprietary Information Discussion of the Comments Regarding Dongtai 
Zhangshi Wood Industry Co., Ltd.,'' dated October 17, 2016 (BPI 
Discussion of Zhangshi's Comments); Memorandum to Abdelali 
Elouaradia, ``Final Results of the Antidumping Duty New Shipper 
Review--Multilayered Wood Flooring from the People's Republic of 
China: Business Proprietary Information Discussion of the Comments 
Regarding Huzhou Muyun Wood Co., Ltd.,'' dated October 17, 2016 (BPI 
Discussion of Muyun's Comments).
---------------------------------------------------------------------------

Bona Fide Analysis

    For the Preliminary Rescission, the Department analyzed the bona 
fides of Zhangshi's single sale and Muyun's single sale and 
preliminarily found that they were not bona fide sales.\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 
Zhangshi's and Muyun's sales not bona fide, and 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 with respect 
to Zhangshi based on its consideration of the totality of 
circumstances, including: The sale price, the timing of the payment, a 
comparison between the payment and the invoiced amount, the parties' 
implementation of the terms of sale, statements regarding the customer/
importer's affiliations, and the single sale. The Department reached 
this conclusion with respect to Muyun based on its consideration of the 
totality of circumstances, including: The sale price, the timing of the 
payment, and the single sale. For a complete discussion, see the Issues 
and Decision Memorandum as well as the BPI Discussion of Zhangshi's 
Comments and the BPI Discussion of Muyun's Comments.
---------------------------------------------------------------------------

    \6\ See Zhangshi Prelim Bona Fide Memo; Muyun Prelim Bona Fide 
Memo.
---------------------------------------------------------------------------

Rescission of New Shipper Reviews

    For the foregoing reasons, the Department continues to find that 
Zhangshi's sale and Muyun's sale are not bona fide, and that the sales 
do not provide a reasonable or reliable basis for calculating a dumping 
margin. Accordingly, the Department is rescinding these NSRs.

Assessment

    As the Department is rescinding these NSRs, we are not making a 
determination as to whether or not Zhangshi or Muyun qualify for a 
separate rate. Therefore, these companies remain part of the PRC-
entity. The PRC-entity is not under review in the ongoing review 
covering the 2014-2015 period. Accordingly, these companies' entries 
will be assessed at rates equal to the cash deposit of, or bond for, 
estimated antidumping duties required on their merchandise at the time 
of entry, or withdrawal from warehouse, for consumption. The Department 
intends to issue liquidation instructions for any entries during the 
relevant period made by Zhangshi and Muyun 15 days after publication of 
this rescission notice.

Cash Deposit Requirements

    Effective upon publication of this notice of final rescission of 
the NSRs of Zhangshi and Muyun, 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 Zhangshi and Muyun.\7\ Because we did not review 
Zhangshi or Muyun, we will instruct CBP to continue to collect the cash 
deposit previously ordered which was the cash deposit rate for the PRC-
wide entity of 25.62 percent. These cash deposit requirements shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.214(e).
---------------------------------------------------------------------------

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 Act and 19 CFR 351.214.

    Dated: October 17, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Background
Scope of the Order

[[Page 74395]]

Discussion of the Issues
Comment 1: Whether the Department should revise its analysis with 
respect to Zhangshi's sales price and quantity.
Comment 2: Whether the Department should revise its analysis 
regarding Zhangshi's customer's resale of the subject merchandise.
Comment 3: Whether the Department should revise its analysis 
regarding Zhangshi's implementation of the terms of sale.
Comment 4: Whether the Department should revise its analysis 
regarding the circumstances surrounding Zhangshi's receipt of 
payment.
Comment 5: Whether the Department made procedural errors in 
conducting this review.
Comment 6: Whether Muyun's sale was resold at a profit.
Comment 7: Whether the timing of Muyun's sale was consistent with 
normal commercial practices.
Comment 8: Whether Muyun's sale price was based on normal commercial 
considerations.
Comment 9: Whether the totality of the circumstances indicates that 
Muyun's sale was bona fide.
Recommendation

[FR Doc. 2016-25901 Filed 10-25-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                              Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices                                                  74393

                                                       Accordingly, it is hereby ordered:                   possessed or controlled by the Denied                 FOR FURTHER INFORMATION CONTACT:
                                                       First, from the date of this Order until             Person, or service any item, of whatever              Robert Galantucci (202–482–2923) or
                                                    August 14, 2018, Junaid Peerani, with a                 origin, that is owned, possessed or                   Aleksandras Nakutis (202–482–3147),
                                                    last known address of 1331 NW. 115th                    controlled by the Denied Person if such               AD/CVD Operations, Office IV,
                                                    Ave., Plantation, FL 33323, and when                    service involves the use of any item                  Enforcement and Compliance,
                                                    acting for or on his behalf, his                        subject to the Regulations that has been              International Trade Administration,
                                                    successors, assigns, employees, agents                  or will be exported from the United                   Department of Commerce, 1401
                                                    or representatives (the ‘‘Denied                        States. For purposes of this paragraph,               Constitution Avenue NW., Washington,
                                                    Person’’), may not, directly or indirectly,             servicing means installation,                         DC 20230.
                                                    participate in any way in any                           maintenance, repair, modification or                  SUPPLEMENTARY INFORMATION:
                                                    transaction involving any commodity,                    testing.
                                                    software or technology (hereinafter                                                                           Background
                                                                                                               Third, after notice and opportunity for
                                                    collectively referred to as ‘‘item’’)                   comment as provided in Section 766.23                    The Department published its
                                                    exported or to be exported from the                     of the Regulations, any other person,                 Preliminary Rescission of the NSRs of
                                                    United States that is subject to the                    firm, corporation, or business                        the antidumping duty order on
                                                    Regulations, including, but not limited                 organization related to Peerani by                    multilayered wood flooring from the
                                                    to:                                                     ownership, control, position of                       People’s Republic of China (PRC) on
                                                       A. Applying for, obtaining, or using                 responsibility, affiliation, or other                 May 31, 2016.1 We preliminarily found
                                                    any license, License Exception, or                      connection in the conduct of trade or                 that the sale made by Zhangshi and the
                                                    export control document;                                business may also be made subject to                  sale made by Muyun were not bona fide,
                                                       B. Carrying on negotiations                          the provisions of this Order in order to              and announced our preliminary intent
                                                    concerning, or ordering, buying,                        prevent evasion of this Order.                        to rescind the NSRs.
                                                    receiving, using, selling, delivering,                     Fourth, in accordance with Part 756 of                For a complete description of the
                                                    storing, disposing of, forwarding,                      the Regulations, Peerani may file an                  events that followed the publication of
                                                    transporting, financing, or otherwise                   appeal of this Order with the Under                   the Preliminary Rescission, see the
                                                    servicing in any way, any transaction                   Secretary of Commerce for Industry and                Issues and Decision Memorandum.2 The
                                                    involving any item exported or to be                    Security. The appeal must be filed                    Issues and Decision Memorandum is a
                                                    exported from the United States that is                 within 45 days from the date of this                  public document and is on file
                                                    subject to the Regulations, or in any                   Order and must comply with the                        electronically via Enforcement and
                                                    other activity subject to the Regulations;              provisions of Part 756 of the                         Compliance’s Antidumping Duty (AD)
                                                    or                                                      Regulations.                                          and Countervailing Duty (CVD)
                                                       C. Benefitting in any way from any                      Fifth, a copy of this Order shall be               Centralized Electronic Service System
                                                    transaction involving any item exported                 delivered to the Peerani. This Order                  (ACCESS). ACCESS is available to
                                                    or to be exported from the United States                shall be published in the Federal                     registered users at http://
                                                    that is subject to the Regulations, or in               Register.                                             access.trade.gov and in the Central
                                                    any other activity subject to the                          Sixth, this Order is effective                     Records Unit, room B8024 of the main
                                                    Regulations.                                                                                                  Department of Commerce building. In
                                                                                                            immediately and shall remain in effect
                                                       Second, no person may, directly or                                                                         addition, a complete version of the
                                                                                                            until August 14, 2018.
                                                    indirectly, do any of the following:                                                                          Issues and Decision Memorandum can
                                                       A. Export or reexport to or on behalf                  Dated: October 19, 2016.                            be accessed directly at http://
                                                    of the Denied Person any item subject to                Karen H. Nies-Vogel,                                  enforcement.trade.gov/frn/index.html.
                                                    the Regulations;                                        Director, Office of Exporter Services.                The signed Issues and Decision
                                                       B. Take any action that facilitates the              [FR Doc. 2016–25858 Filed 10–25–16; 8:45 am]          Memorandum and the electronic
                                                    acquisition or attempted acquisition by                 BILLING CODE P                                        version of the Issues and Decision
                                                    the Denied Person of the ownership,                                                                           Memorandum are identical in content.
                                                    possession, or control of any item
                                                                                                                                                                  Scope of the Order
                                                    subject to the Regulations that has been                DEPARTMENT OF COMMERCE
                                                    or will be exported from the United                                                                              The merchandise covered by the order
                                                    States, including financing or other                    International Trade Administration                    is multilayered wood flooring, which is
                                                    support activities related to a
                                                                                                                                                                     1 See Multilayered Wood Flooring From the
                                                    transaction whereby the Denied Person                   [A–570–970]
                                                                                                                                                                  People’s Republic of China: Preliminary Rescission
                                                    acquires or attempts to acquire such                                                                          of 2014–2015 Antidumping Duty New Shipper
                                                    ownership, possession or control;                       Multilayered Wood Flooring From the                   Reviews, 81 FR 34310 (May 31, 2016) (Preliminary
                                                       C. Take any action to acquire from or                People’s Republic of China:                           Rescission); see also Memorandum from Robert
                                                    to facilitate the acquisition or attempted              Rescission of Antidumping Duty New                    Galantucci to Abdelali Elouaradia, ‘‘Antidumping
                                                                                                                                                                  Duty New Shipper Review of Multilayered Wood
                                                    acquisition from the Denied Person of                   Shipper Reviews; 2014–2015                            Flooring from the People’s Republic of China: Bona
                                                    any item subject to the Regulations that                AGENCY:  Enforcement and Compliance,                  Fide Sale Analysis for Dongtai Zhangshi Wood
                                                    has been exported from the United                                                                             Industry Co., Ltd.,’’ dated May 20, 2016 (Zhangshi
                                                                                                            International Trade Administration,                   Prelim Bona Fide Memo); Memorandum from
                                                    States;                                                 Department of Commerce.                               Aleksandras Nakutis to Abdelali Elouaradia,
                                                       D. Obtain from the Denied Person in                                                                        ‘‘Antidumping Duty New Shipper Review of
                                                    the United States any item subject to the               SUMMARY: The Department of Commerce
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  Multilayered Wood Flooring from the People’s
                                                    Regulations with knowledge or reason                    (Department) finds that the sale made by              Republic of China: Bona Fide Sale Analysis for
                                                                                                            Dongtai Zhangshi Wood Industry Co.,                   Huzhou Muyun Wood Co., Ltd.,’’ dated May 20,
                                                    to know that the item will be, or is                                                                          2016 (Muyun Prelim Bona Fide Memo).
                                                    intended to be, exported from the                       Ltd. (Zhangshi) and the sale made by                     2 See Memorandum from Christian Marsh to

                                                    United States; or                                       Huzhou Muyun Wood Co., Ltd.                           Ronald K. Lorentzen, ‘‘Multilayered Wood Flooring
                                                       E. Engage in any transaction to service              (Muyun) are non-bona fide. Therefore,                 from the People’s Republic of China: Issues and
                                                    any item subject to the Regulations that                we are rescinding these new shipper                   Decision Memorandum for the Final Rescission of
                                                                                                                                                                  the 2014–2015 New Shipper Reviews’’ issued
                                                    has been or will be exported from the                   reviews (NSRs).                                       concurrently with and hereby adopted by this
                                                    United States and which is owned,                       DATES: Effective October 26, 2016.                    notice (Issues and Decision Memorandum).



                                               VerDate Sep<11>2014   18:25 Oct 25, 2016   Jkt 241001   PO 00000   Frm 00003   Fmt 4703   Sfmt 4703   E:\FR\FM\26OCN1.SGM   26OCN1


                                                    74394                       Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices

                                                    composed of an assembly of two or                        issues which parties raised is attached               Zhangshi or Muyun qualify for a
                                                    more layers or plies of wood veneers 3                   to this notice as an Appendix.                        separate rate. Therefore, these
                                                    in combination with a core.4                                                                                   companies remain part of the PRC-
                                                                                                             Bona Fide Analysis
                                                    Merchandise covered by this review is                                                                          entity. The PRC-entity is not under
                                                    classifiable under subheadings                              For the Preliminary Rescission, the                review in the ongoing review covering
                                                    4412.31.0520; 4412.31.0540;                              Department analyzed the bona fides of                 the 2014–2015 period. Accordingly,
                                                    4412.31.0560; 4412.31.2510;                              Zhangshi’s single sale and Muyun’s                    these companies’ entries will be
                                                    4412.31.2520; 4412.31.4040;                              single sale and preliminarily found that              assessed at rates equal to the cash
                                                    4412.31.4050; 4412.31.4060;                              they were not bona fide sales.6 Based on              deposit of, or bond for, estimated
                                                    4412.31.4070; 4412.31.4075;                              the Department’s complete analysis of                 antidumping duties required on their
                                                    4412.31.4080; 4412.31.5125;                              all of the information and comments on                merchandise at the time of entry, or
                                                    4412.31.5135; 4412.31.5155;                              the record of this review, the                        withdrawal from warehouse, for
                                                    4412.31.5165; 4412.31.6000;                              Department continues to find                          consumption. The Department intends
                                                    4412.31.9100; 4412.32.0520;                              Zhangshi’s and Muyun’s sales not bona                 to issue liquidation instructions for any
                                                    4412.32.0540; 4412.32.0560;                              fide, and thus not reviewable pursuant                entries during the relevant period made
                                                    4412.32.0565; 4412.32.0570;                              to section 751(a)(2)(B)(iv) of the Tariff             by Zhangshi and Muyun 15 days after
                                                    4412.32.2510; 4412.32.2520;                              Act of 1930, as amended (the Act). The                publication of this rescission notice.
                                                    4412.32.2525; 4412.32.2530;                              Department reached this conclusion
                                                                                                             with respect to Zhangshi based on its                 Cash Deposit Requirements
                                                    4412.32.3125; 4412.32.3135;
                                                    4412.32.3155; 4412.32.3165;                              consideration of the totality of                         Effective upon publication of this
                                                    4412.32.3175; 4412.32.3185;                              circumstances, including: The sale                    notice of final rescission of the NSRs of
                                                    4412.32.5600; 4412.39.1000;                              price, the timing of the payment, a                   Zhangshi and Muyun, the Department
                                                    4412.39.3000; 4412.39.4011;                              comparison between the payment and                    will instruct U.S. Customs and Border
                                                    4412.39.4012; 4412.39.4019;                              the invoiced amount, the parties’                     Protection to discontinue the option of
                                                    4412.39.4031; 4412.39.4032;                              implementation of the terms of sale,                  posting a bond or security in lieu of a
                                                    4412.39.4039; 4412.39.4051;                              statements regarding the customer/                    cash deposit for entries of subject
                                                    4412.39.4052; 4412.39.4059;                              importer’s affiliations, and the single               merchandise from Zhangshi and
                                                    4412.39.4061; 4412.39.4062;                              sale. The Department reached this                     Muyun.7 Because we did not review
                                                    4412.39.4069; 4412.39.5010;                              conclusion with respect to Muyun based                Zhangshi or Muyun, we will instruct
                                                    4412.39.5030; 4412.39.5050;                              on its consideration of the totality of               CBP to continue to collect the cash
                                                    4412.94.1030; 4412.94.1050;                              circumstances, including: The sale                    deposit previously ordered which was
                                                    4412.94.3105; 4412.94.3111;                              price, the timing of the payment, and                 the cash deposit rate for the PRC-wide
                                                    4412.94.3121; 4412.94.3131;                              the single sale. For a complete                       entity of 25.62 percent. These cash
                                                    4412.94.3141; 4412.94.3160;                              discussion, see the Issues and Decision               deposit requirements shall remain in
                                                    4412.94.3171; 4412.94.4100;                              Memorandum as well as the BPI                         effect until further notice.
                                                    4412.94.5100; 4412.94.6000;                              Discussion of Zhangshi’s Comments and
                                                                                                             the BPI Discussion of Muyun’s                         Administrative Protective Order
                                                    4412.94.7000; 4412.94.8000;
                                                    4412.94.9000; 4412.94.9500;                              Comments.                                               This notice also serves as a reminder
                                                    4412.99.0600; 4412.99.1020;                                                                                    to parties subject to Administrative
                                                                                                             Rescission of New Shipper Reviews                     Protective Order (APO) of their
                                                    4412.99.1030; 4412.99.1040;
                                                    4412.99.3110; 4412.99.3120;                                For the foregoing reasons, the                      responsibility concerning the return or
                                                    4412.99.3130; 4412.99.3140;                              Department continues to find that                     destruction of proprietary information
                                                    4412.99.3150; 4412.99.3160;                              Zhangshi’s sale and Muyun’s sale are                  disclosed under APO in accordance
                                                    4412.99.3170; 4412.99.4100;                              not bona fide, and that the sales do not              with 19 CFR 351.305, which continues
                                                    4412.99.5100; 4412.99.5105;                              provide a reasonable or reliable basis for            to govern business proprietary
                                                    4412.99.5115; 4412.99.5710;                              calculating a dumping margin.                         information in these segments of the
                                                    4412.99.6000; 4412.99.7000;                              Accordingly, the Department is                        proceeding. Timely written notification
                                                    4412.99.8000; 4412.99.9000;                              rescinding these NSRs.                                of the return or destruction of APO
                                                    4412.99.9500; 4418.71.2000;                              Assessment                                            materials, or conversion to judicial
                                                    4418.71.9000; 4418.72.2000;                                                                                    protective order, is hereby requested.
                                                                                                               As the Department is rescinding these               Failure to comply with the regulations
                                                    4418.72.9500; and 9801.00.2500 of the
                                                                                                             NSRs, we are not making a                             and terms of an APO is a violation
                                                    Harmonized Tariff Schedule of the
                                                                                                             determination as to whether or not                    which is subject to sanction.
                                                    United States (HTSUS). Although the
                                                    HTSUS subheadings are provided for                                                                               We are issuing and publishing this
                                                                                                             discussions of the comments raised, as many of the
                                                    convenience and customs purposes, our                    comments relied heavily on business proprietary
                                                                                                                                                                   notice in accordance with sections
                                                    written description of the scope of the                  information (BPI). See Memorandum to Abdelali         751(a)(2)(B) and 777(i) of the Act and 19
                                                    order is dispositive.                                    Elouaradia, ‘‘Final Results of the Antidumping Duty   CFR 351.214.
                                                                                                             New Shipper Review—Multilayered Wood Flooring
                                                                                                             from the People’s Republic of China: Business           Dated: October 17, 2016.
                                                    Analysis of Comments Received
                                                                                                             Proprietary Information Discussion of the             Ronald K. Lorentzen,
                                                      All issues raised in the case briefs by                Comments Regarding Dongtai Zhangshi Wood              Acting Assistant Secretary for Enforcement
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                                                    parties are addressed in the Issues and                  Industry Co., Ltd.,’’ dated October 17, 2016 (BPI
                                                                                                                                                                   and Compliance.
                                                    Decision Memorandum.5 A list of the                      Discussion of Zhangshi’s Comments); Memorandum
                                                                                                             to Abdelali Elouaradia, ‘‘Final Results of the        Appendix—Issues and Decision
                                                                                                             Antidumping Duty New Shipper Review—
                                                      3A   ‘‘veneer’’ is a thin slice of wood, rotary cut,   Multilayered Wood Flooring from the People’s          Memorandum
                                                    sliced or sawed from a log, bolt or flitch. Veneer is    Republic of China: Business Proprietary
                                                    referred to as a ply when assembled.                                                                           Summary
                                                                                                             Information Discussion of the Comments Regarding
                                                       4 For a complete description of the scope of the      Huzhou Muyun Wood Co., Ltd.,’’ dated October 17,
                                                                                                                                                                   Background
                                                    order, see the Issues and Decision Memorandum.           2016 (BPI Discussion of Muyun’s Comments).            Scope of the Order
                                                       5 See Issues and Decision Memorandum. The                6 See Zhangshi Prelim Bona Fide Memo; Muyun

                                                    Department has also issued business proprietary          Prelim Bona Fide Memo.                                  7 See   19 CFR 351.214(e).



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                                                                              Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices                                           74395

                                                    Discussion of the Issues                                Background                                            ‘‘Telephone Call with Counsel for
                                                    Comment 1: Whether the Department should                                                                      Ventura Coastal’’.
                                                      revise its analysis with respect to                      On September 10, 2007, the                            On September 30, 2016, Ventura
                                                      Zhangshi’s sales price and quantity.                  Department entered into an agreement                  requested, and the Department granted,
                                                    Comment 2: Whether the Department should                with S.A. San Miguel A.G.I.C.I. y F.,                 an extension of the deadline for
                                                      revise its analysis regarding Zhangshi’s              (‘‘San Miguel’’) and Citrusvil, S.A.,
                                                      customer’s resale of the subject
                                                                                                                                                                  submitting comments to October 3,
                                                                                                            Argentine producers/exporters                         2016. See September 30, 2016, letter
                                                      merchandise.                                          accounting for substantially all imports
                                                    Comment 3: Whether the Department should                                                                      from Matthew T. McGrath, re:
                                                                                                            of lemon juice from Argentina. See                    ‘‘Agreement Suspending the
                                                      revise its analysis regarding Zhangshi’s
                                                      implementation of the terms of sale.                  Suspension of Antidumping Duty                        Antidumping Duty Investigation on
                                                    Comment 4: Whether the Department should                Investigation: Lemon Juice From                       Lemon Juice from Argentina: Extension
                                                      revise its analysis regarding the                     Argentina, 72 FR 53991 (September 21,                 Request’’ and September 30, 2016, letter
                                                      circumstances surrounding Zhangshi’s                  2007) (‘‘2007 Agreement’’). On                        from Sally C. Gannon to Matthew T.
                                                      receipt of payment.                                   September 17, 2009, Citromax S.A.C.I.                 McGrath, re ‘‘Agreement Suspending
                                                    Comment 5: Whether the Department made                  acceded to the 2007 Agreement. On July                the Antidumping Investigation on
                                                      procedural errors in conducting this                  11, 2014, La Moraleja, S.A. and
                                                      review.
                                                                                                                                                                  Lemon Juice from Argentina: Extension
                                                                                                            Cooperativa de Productores Citricolas                 for Comments on Draft Agreement’’. We
                                                    Comment 6: Whether Muyun’s sale was
                                                                                                            de Tafi Viejo (‘‘COTA’’) acceded to the               received comments from COTA, San
                                                      resold at a profit.
                                                    Comment 7: Whether the timing of Muyun’s                2007 Agreement.                                       Miguel and Ventura. See October 3,
                                                      sale was consistent with normal                          On April 28, 2016, the Department                  2016, letter from Gregory S. Menegaz re:
                                                      commercial practices.                                 notified the interested parties and the               ‘‘Lemon Juice from Argentina COTA
                                                    Comment 8: Whether Muyun’s sale price was               International Trade Commission (‘‘ITC’’)              Comment Draft Suspension Agreement:
                                                      based on normal commercial                            of the intent to suspend the                          Correction of Formal Name’’ (‘‘COTA
                                                      considerations.                                       investigation on Lemon Juice from                     comments’’); October 3, 2016, letter
                                                    Comment 9: Whether the totality of the                  Argentina pursuant to section 734(c) of               from Gregory J. Spak re: ‘‘Lemon Juice
                                                      circumstances indicates that Muyun’s sale
                                                      was bona fide.
                                                                                                            the Tariff Act of 1930 (‘‘the Act’’). See             from Argentina Comments on Draft
                                                    Recommendation                                          April 28, 2016, letters from Sally C.                 Suspension Agreement’’ (‘‘San Miguel
                                                                                                            Gannon to Interested Parties and                      comments’’); and, September 30, 2016
                                                    [FR Doc. 2016–25901 Filed 10–25–16; 8:45 am]
                                                                                                            Catherine DeFillipo, re ‘‘Lemon Juice                 (filed October 3, 2016), letter from
                                                    BILLING CODE 3510–DS–P
                                                                                                            from Argentina—Intent to Suspend                      Matthew T. McGrath re: ‘‘Agreement
                                                                                                            Investigation Pursuant to Section 734(c)              Suspending the Antidumping Duty
                                                                                                            of the Act’’. On September 23, 2016, the              Investigation on Lemon Juice from
                                                    DEPARTMENT OF COMMERCE
                                                                                                            Department and Argentine lemon juice                  Argentina: Comments on Proposed New
                                                    International Trade Administration                      growers/exporters accounting for                      Suspension Agreement’’. On October 11,
                                                                                                            substantially all lemon juice imported                2016, we received additional comments
                                                    [A–357–818]                                             into the United States from Argentina                 from Ventura. See October 10, 2016,
                                                                                                            initialed a proposed agreement pursuant               letter from Matthew T. McGrath re:
                                                    Lemon Juice From Argentina:                                                                                   ‘‘Agreement Suspending the
                                                                                                            to section 734(c) of the Act to suspend
                                                    Continuation of Suspension of                                                                                 Antidumping Duty Investigation on
                                                                                                            the antidumping investigation on lemon
                                                    Antidumping Investigation                                                                                     Lemon Juice from Argentina: Additional
                                                                                                            juice from Argentina. The Department
                                                    AGENCY:  Enforcement and Compliance,                    released the proposed agreement and                   Comments on Proposed New
                                                    International Trade Administration,                     accompanying memorandum detailing                     Suspension Agreement’’ (‘‘Ventura
                                                    Department of Commerce                                  the fulfillment of the statutory                      additional comments’’).
                                                                                                            requirements to interested parties on                    The Department examined the
                                                    DATES: Effective Date: October 20, 2016.
                                                    SUMMARY: The Department of Commerce                     September 23, 2016, and afforded them                 comments and incorporated changes in
                                                                                                            an opportunity to comment on the                      the agreement text and statutory
                                                    (‘‘the Department’’) is continuing to
                                                                                                            initialed agreement and the                           memorandum, where appropriate, to
                                                    suspend the antidumping duty
                                                                                                            memorandum by September 30, 2016.                     address those comments. Specifically,
                                                    investigation on lemon juice from
                                                                                                            See September 23, 2016, Memorandum                    in its comments, in response to COTA’s
                                                    Argentina. The basis for this action is an
                                                                                                            from Sally C. Gannon to Interested                    comments we revised the company’s
                                                    agreement between the Department and
                                                                                                            Parties, re ‘‘Agreement Suspending the                name to reflect the full legal name of the
                                                    signatory producers/exporters
                                                                                                            Antidumping Duty Investigation on                     company, Cooperativa de Productores
                                                    accounting for substantially all imports
                                                                                                            Lemon Juice from Argentina’’. On                      Citricolas de Tafi Viejo, Agricola, de
                                                    of lemon juice from Argentina, wherein
                                                                                                            September 26, 2016, in accordance with                Transformacion y Comercializacion
                                                    each signatory producer/exporter has
                                                                                                            section 734(e)(2)of the Act, the                      Limitada, however we note that COTA
                                                    agreed to revise its prices to eliminate                                                                      also uses the name Cooperativa de
                                                    completely the injurious effects of                     Department consulted with the
                                                                                                            successor-in-interest to the petitioner,              Productores Citricolas de Tafi Viejo in
                                                    exports of the subject merchandise to                                                                         the ordinary course of business. See
                                                    the United States.                                      Ventura Coastal, LLC (‘‘Ventura’’),1 and
                                                                                                            explained how the agreement will be                   COTA comments. In response to
                                                    FOR FURTHER INFORMATION CONTACT:                                                                              Ventura’s comments, the definition of
                                                    Sally Craig Gannon or Julie Santoboni at                carried out and enforced and how the
                                                                                                                                                                  ‘reference price’ was revised to clarify
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                                                    (202) 482–0162 or (202) 482–3063,                       agreement will meet the requirements of
                                                                                                                                                                  that the price applies to the price of
                                                    respectively; Bilateral Agreements Unit,                sections 734(c) and (d) of the Act. See
                                                                                                                                                                  exports to the United States. Section
                                                    Office of Policy, Enforcement and                       September 29, 2016, Memorandum from
                                                                                                                                                                  VII.A.3 of the 2016 Suspension
                                                    Compliance, International Trade                         Julie H. Santoboni to The File re
                                                                                                                                                                  Agreement was revised to reflect that
                                                    Administration, U.S. Department of                                                                            the quarterly Argentine customs data
                                                                                                              1 See Lemon Juice From Argentina: Final Results
                                                    Commerce, 14th Street & Constitution                                                                          will reflect shipments, rather than sales
                                                                                                            of the Expedited First Sunset Review of the
                                                    Avenue NW., Washington, DC 20230.                       Suspended Antidumping Duty Investigation, 77 FR       data. In San Miguel’s comments it
                                                    SUPPLEMENTARY INFORMATION:                              73021 (Dec. 7, 2012).                                 requested that the Department expedite


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Document Created: 2016-10-26 02:17:54
Document Modified: 2016-10-26 02:17:54
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 October 26, 2016.
ContactRobert Galantucci (202-482-2923) or Aleksandras Nakutis (202-482-3147), AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation81 FR 74393 

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