81_FR_95815 81 FR 95566 - Multilayered Wood Flooring From the People's Republic of China; Preliminary Results and Partial Rescission of Antidumping Duty New Shipper Reviews; 2014-2015

81 FR 95566 - Multilayered Wood Flooring From the People's Republic of China; Preliminary Results and Partial Rescission of Antidumping Duty New Shipper Reviews; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 249 (December 28, 2016)

Page Range95566-95568
FR Document2016-31354

The Department of Commerce (``the Department'') is conducting new shipper reviews (``NSR'') of the antidumping duty order on multilayered wood flooring (``MLWF'') from the People's Republic of China (``PRC''). The review covers two exporters of subject merchandise, Jiangsu Keri Wood Co., Ltd. (``Keri Wood'') and Zhejiang Simite Wooden Co., Ltd. (``Simite Wooden''). The Department preliminarily determines that Keri Wood did not make sales of subject merchandise at less than normal value. The period of review (``POR'') is December 1, 2014, through November 30, 2015. The Department also preliminarily determines that Simite Wooden's sale to the United States is not bona fide, as required by section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (``the Act''). Therefore, we are preliminarily rescinding the NSR with respect to Simite Wooden. Interested parties are invited to comment on the preliminary results of these reviews.

Federal Register, Volume 81 Issue 249 (Wednesday, December 28, 2016)
[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Notices]
[Pages 95566-95568]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31354]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Multilayered Wood Flooring From the People's Republic of China; 
Preliminary Results and Partial Rescission of Antidumping Duty New 
Shipper Reviews; 2014-2015

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

SUMMARY: The Department of Commerce (``the Department'') is conducting 
new shipper reviews (``NSR'') of the antidumping duty order on 
multilayered wood flooring (``MLWF'') from the People's Republic of 
China (``PRC''). The review covers two exporters of subject 
merchandise, Jiangsu Keri Wood Co., Ltd. (``Keri Wood'') and Zhejiang 
Simite Wooden Co., Ltd. (``Simite Wooden''). The Department 
preliminarily determines that Keri Wood did not make sales of subject 
merchandise at less than normal value. The period of review (``POR'') 
is December 1, 2014, through November 30, 2015. The Department also 
preliminarily determines that Simite Wooden's sale to the United States 
is not bona fide, as required by section 751(a)(2)(B)(iv) of the Tariff 
Act of 1930, as amended (``the Act''). Therefore, we are preliminarily 
rescinding the NSR with respect to Simite Wooden. Interested parties 
are invited to comment on the preliminary results of these reviews.

DATES: Effective December 28, 2016.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Robert Bolling, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-5831 or (202) 482-3434, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 27, 2016, the Department published a notice of 
initiation of two new shipper reviews of the antidumping duty order on 
MLWF from the PRC.\1\ The Department subsequently issued antidumping 
duty questionnaires, and supplemental questionnaires, to Keri Wood and 
Simite Wooden and received timely responses thereto. Also, Keri Wood 
and Simite Wooden submitted comments on surrogate country and surrogate 
value selection.\2\ No other party submitted surrogate country or 
surrogate value comments. On June 23, 2016, the Department extended the 
time period for issuing the preliminary results of these reviews by 120 
days, until November 20, 2016.\3\ On November 15, 2016, the Department 
aligned these NSRs with the fourth administrative review of MLWF from 
the PRC.\4\ On November 20, 2014, the Department extended the 
preliminary results until December 20, 2016, to align with the fourth 
administrative review of this proceeding.\5\
---------------------------------------------------------------------------

    \1\ See Multilayered Wood Flooring from the People's Republic of 
China: Initiation of Antidumping Duty New Shipper Reviews, 81 FR 
4612 (January 27, 2016) (``Initiation Notice'').
    \2\ See ``See Simite Wooden's Letter to the Department, 
Multilayered Wood Flooring from the People's Republic of China; A-
570-970; Surrogate Values for the Preliminary Results, dated May 10, 
2016; see also Keri Wood's Letter to the Department, Multilayered 
Wood Flooring rom the People's Republic of China: Comments Regarding 
Surrogate Value Selection, dated May 23, 2016.
    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Maisha Cryor, Office IV, Antidumping and Countervailing Duty 
Operations, entitled, ``Multilayered Wood Flooring from the People's 
Republic of China: Extension of Deadline for Preliminary Results of 
Antidumping Duty New Shipper Reviews'' dated June 23, 2016.
    \4\ See Memorandum to the File, regarding ``Alignment of the New 
Shipper Reviews of the Antidumping Duty Order on Multilayered Wood 
Flooring from the People's Republic of China with the Concurrent 
Administrative Review of Multilayered Wood Flooring from the 
People's Republic of China'' (November 15, 2016).
    \5\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Maisha Cryor, Office IV, Antidumping and Countervailing Duty 
Operations, entitled, ``Multilayered Wood Flooring from the People's 
Republic of China: Extension of Deadline for Preliminary Results of 
Antidumping Duty New Shipper Reviews'' dated June 23, 2016; see also 
Memorandum to the File, regarding ``Extension of Deadline for the 
Preliminary Results of the New Shipper Reviews of Multilayered Wood 
Flooring from the People's Republic of China'' (November 20, 2016).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is multilayered wood flooring, 
which is composed of an assembly of two or more layers or plies of wood 
veneers \6\ in combination with a core.\7\ 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

[[Page 95567]]

written description of the scope of the order is dispositive.
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    \6\ 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.
    \7\ For a complete description of the scope of the order, see 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, entitled 
``Preliminary Rescission of the 2013-2014 Antidumping Duty New 
Shipper Review: Multilayered Wood Flooring from the People's 
Republic of China'' issued concurrently with and hereby adopted by 
this notice (``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------

Methodology

    The Department is conducting these reviews in accordance with 
section 751(a)(2)(B) of the Act and 19 CFR 351.214. Export prices have 
been calculated in accordance with section 772 of the Act. Because the 
PRC is a non-market economy within the meaning of section 771(18) of 
the Act, NV has been calculated in accordance with section 773(c) of 
the Act. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of topics 
discussed in the Preliminary Decision Memorandum is in the attached 
Appendix to this notice.
    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's centralized 
electronic service system (ACCESS). ACCESS is available to registered 
users at http://access.trade.gov, and it is available to all parties in 
the Department's Central Records Unit, B8024 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of New Shipper Review

    As discussed in Bona Fide Sales Analysis Memorandum,\8\ the 
Department preliminarily finds that the sale made by Simite Wooden to 
the United States is not a bona fide sale. \9\ Because the non-bona 
fide sale was the only reported sale of subject merchandise by Simite 
Wooden during the POR, and thus there are no other reviewable 
transactions for Simite Wooden, we are preliminarily rescinding its 
NSR. Because much of the factual information used in our analysis of 
Simite Wooden's sale involves business proprietary information, a full 
discussion of the basis for our preliminary determination regarding 
Simite Wooden is set forth in the Bona Fide Sales Analysis Memoranda, 
which is on the record of this proceeding.
---------------------------------------------------------------------------

    \8\ See Memorandum from Maisha Cryor, Office IV AD/CVD 
Operations, to Abdelali Elouaradia, Director, Enforcement and 
Compliance, Office IV entitled ``Antidumping Duty New Shipper Review 
of Multilayered Wood Flooring from the People's Republic of China: 
Preliminary Bona Fide Sale Analysis for Jiangsu Keri Wood Co., Ltd., 
dated concurrently with and hereby adopted by this notice; see also 
See Memorandum from Maisha Cryor, Office IV AD/CVD Operations, to 
Abdelali Elouaradia, Director, Enforcement and Compliance, Office IV 
entitled ``Antidumping Duty New Shipper Review of Multilayered Wood 
Flooring from the People's Republic of China: Preliminary Bona Fide 
Sale Analysis for Zhejiang Simite Wooden Co., Ltd., dated 
concurrently with and hereby adopted by this notice (``Bona Fide 
Sales Analysis Memoranda'').
    \9\ On February 24, 2016, the President of the United States 
signed into law the Trade Facilitation and Trade Enforcement Act of 
2015, Public Law 114-125 (Feb. 24, 2016), which made amendments to 
section 751(a)(2)(B) of the Act. These amendments apply to this 
determination.
---------------------------------------------------------------------------

    The Department preliminarily determines that the following 
weighted-average dumping margin exists for Keri Wood for the POR from 
December 1, 2014, through November 30, 2015:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
             Exporter                     Producer        dumping margin
                                                             (percent)
------------------------------------------------------------------------
Jiangsu Keri Wood Co., Ltd........  Jiangsu Keri Wood               0.00
                                     Co., Ltd.
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose the analysis performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit case briefs by no later than 30 days 
after the date of publication of these preliminary results of 
review.\10\ Rebuttals, limited to issues raised in the case briefs, may 
be filed by no later than five days after the case briefs are 
filed.\11\
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    \10\ See 19 CFR 351.309(c).
    \11\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice.\12\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\13\
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.310(c).
    \13\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    Unless the deadline is extended pursuant to section 
751(a)(2)(B)(iii), the Department intends to issue the final results of 
this new shipper review, which will include the results of its analysis 
of all issues raised in the case and rebuttal briefs, within 90 days of 
publication of these preliminary results, pursuant to section 
751(a)(2)(B)(iv) of the Act.

Assessment Rates

    If the Department proceeds to a final rescission of Simite Wooden's 
NSR, the assessment rate to which Simite Wooden shipments will be 
subject will remain unchanged. However, for Keri Wood, and if the 
Department continues to find that Keri Wood did not make sales of 
subject merchandise at less than normal value, upon issuance of the 
final results, pursuant to 19 CFR 351.212(b), the Department intends to 
determine, and the U.S. Customs and Border Protection (``CBP'') shall 
assess, antidumping duties on all appropriate entries.\14\ The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of the final results of this new shipper 
review.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    If the respondent's weighted average dumping margin is not zero or 
de minimis (i.e., less than 0.50 percent) in the final results, the 
Department intends to calculate importer-specific assessment rates on 
the basis of the ratio of the total amount of dumping calculated for 
each importer's examined sales to the total entered value of those 
sales, in accordance with 19 CFR 351.212(b)(1). Where an importer-
specific ad valorem rate is not zero or de minimis, the Department 
intends to instruct CBP to collect the appropriate antidumping duties 
at the time of liquidation.\15\ Where either a respondent's weighted 
average dumping margin is zero or de minimis, or an importer-specific 
ad valorem rate is zero or de minimis, the Department intends to 
instruct CBP to liquidate appropriate

[[Page 95568]]

entries without regard to antidumping duties.\16\
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.212(b)(1).
    \16\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For entries that were not reported in the U.S. sales data submitted 
by Keri Wood or Simite Wooden (if applicable), the Department intends 
to instruct CBP to liquidate such entries at the rate for the PRC-wide 
entity.\17\ The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future cash deposits of 
estimated antidumping duties, where applicable.
---------------------------------------------------------------------------

    \17\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    Effective upon publication of the final rescission of Simite 
Wooden's NSR, the Department will instruct CBP to discontinue the 
option of posting a bond or security in lieu of a cash deposit for 
entries of subject merchandise by Simite Wooden. If the Department 
proceeds to a final rescission of Simite Wooden's new shipper review, 
the cash deposit rate will continue to be the PRC-wide rate because the 
Department will not have determined individual dumping margins of for 
Simite Wooden. If the Department issues final results for Simite 
Wooden's NSR, the Department intends to instruct CBP to collect cash 
deposits, effective upon the publication of the final results, at the 
rates established therein.
    However, for Keri Wood, the following cash deposit requirements 
will be effective upon publication of the final results of the new 
shipper reviews for shipments of the subject merchandise from the PRC 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date, as provided by section 751(a)(2)(C) of the Act: (1) 
For subject merchandise produced and exported by Keri Wood,, the cash 
deposit rate will be that rate established in the final results of this 
new shipper review (except, if the rate is zero or de minimis, then a 
zero cash deposit will be required); (2) for previously investigated or 
reviewed PRC and non-PRC exporters not listed above that received a 
separate rate in a prior segment of this proceeding, the cash deposit 
rate will continue to be the existing exporter-specific combination 
rate; (3) for all PRC exporters of subject merchandise that have not 
been found to be entitled to a separate rate, the cash deposit rate 
will be that for the PRC-wide entity; and (4) for all non-PRC exporters 
of subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC producer/exporter 
combination that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a violation 
subject to sanction.

Notification to Interested Parties

    These preliminary results are issued and published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.214 and 
351.221(b)(4).

    Dated: December 20, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Bona Fide Sale Analysis
6. Non-Market Economy Country Status
7. Separate Rates
8. Absence of De Jure Control
9. Absence of De Facto Control
10. Surrogate Country
11. Economic Comparability
12. Significant Producer of Comparable Merchandise
13. Data Availability
14. Date of Sale
15. Determination of the Comparison Method
16. Results of the Differential Pricing Analysis
17. Fair Value Comparisons
18. U.S. Price
19. Value Added Tax
20. Normal Value
21. Factor Valuations
22. Currency Conversion
23. Section 777A(f) of the Act
24. Recommendation

[FR Doc. 2016-31354 Filed 12-27-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                95566                    Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices

                                                Board’s Executive Secretary as to                       (202) 482–5831 or (202) 482–3434,                     composed of an assembly of two or
                                                significant new contracts with                          respectively.                                         more layers or plies of wood veneers 6
                                                appropriate information concerning                      SUPPLEMENTARY INFORMATION:                            in combination with a core.7
                                                foreign purchases otherwise dutiable, so                                                                      Merchandise covered by this review is
                                                that the FTZ Board may consider                         Background                                            classifiable under subheadings
                                                whether any foreign dutiable items are                     On January 27, 2016, the Department                4412.31.0520; 4412.31.0540;
                                                being imported for manufacturing in the                 published a notice of initiation of two               4412.31.0560; 4412.31.2510;
                                                zone primarily because of FTZ                           new shipper reviews of the antidumping                4412.31.2520; 4412.31.4040;
                                                procedures and whether the FTZ Board                    duty order on MLWF from the PRC.1                     4412.31.4050; 4412.31.4060;
                                                should consider requiring customs                       The Department subsequently issued                    4412.31.4070; 4412.31.4075;
                                                duties to be paid on such items.                        antidumping duty questionnaires, and                  4412.31.4080; 4412.31.5125;
                                                  Dated: December 19, 2016.                             supplemental questionnaires, to Keri                  4412.31.5135; 4412.31.5155;
                                                Andrew McGilvray,                                       Wood and Simite Wooden and received                   4412.31.5165; 4412.31.6000;
                                                                                                        timely responses thereto. Also, Keri                  4412.31.9100; 4412.32.0520;
                                                Executive Secretary.
                                                                                                        Wood and Simite Wooden submitted                      4412.32.0540; 4412.32.0560;
                                                [FR Doc. 2016–31402 Filed 12–27–16; 8:45 am]
                                                                                                        comments on surrogate country and                     4412.32.0565; 4412.32.0570;
                                                BILLING CODE 3510–DS–P
                                                                                                        surrogate value selection.2 No other                  4412.32.2510; 4412.32.2520;
                                                                                                        party submitted surrogate country or                  4412.32.2525; 4412.32.2530;
                                                                                                        surrogate value comments. On June 23,                 4412.32.3125; 4412.32.3135;
                                                DEPARTMENT OF COMMERCE                                  2016, the Department extended the time                4412.32.3155; 4412.32.3165;
                                                International Trade Administration                      period for issuing the preliminary                    4412.32.3175; 4412.32.3185;
                                                                                                        results of these reviews by 120 days,                 4412.32.5600; 4412.39.1000;
                                                [A–570–970]                                             until November 20, 2016.3 On                          4412.39.3000; 4412.39.4011;
                                                                                                        November 15, 2016, the Department                     4412.39.4012; 4412.39.4019;
                                                Multilayered Wood Flooring From the                     aligned these NSRs with the fourth                    4412.39.4031; 4412.39.4032;
                                                People’s Republic of China;                             administrative review of MLWF from                    4412.39.4039; 4412.39.4051;
                                                Preliminary Results and Partial                         the PRC.4 On November 20, 2014, the                   4412.39.4052; 4412.39.4059;
                                                Rescission of Antidumping Duty New                      Department extended the preliminary                   4412.39.4061; 4412.39.4062;
                                                Shipper Reviews; 2014–2015                              results until December 20, 2016, to align
                                                                                                                                                              4412.39.4069; 4412.39.5010;
                                                                                                        with the fourth administrative review of
                                                AGENCY:   Enforcement and Compliance,                                                                         4412.39.5030; 4412.39.5050;
                                                                                                        this proceeding.5
                                                International Trade Administration,                                                                           4412.94.1030; 4412.94.1050;
                                                Department of Commerce.                                 Scope of the Order                                    4412.94.3105; 4412.94.3111;
                                                SUMMARY: The Department of Commerce                        The merchandise covered by the order               4412.94.3121; 4412.94.3131;
                                                (‘‘the Department’’) is conducting new                  is multilayered wood flooring, which is               4412.94.3141; 4412.94.3160;
                                                shipper reviews (‘‘NSR’’) of the                                                                              4412.94.3171; 4412.94.4100;
                                                antidumping duty order on multilayered                     1 See Multilayered Wood Flooring from the          4412.94.5100; 4412.94.6000;
                                                wood flooring (‘‘MLWF’’) from the                       People’s Republic of China: Initiation of             4412.94.7000; 4412.94.8000;
                                                                                                        Antidumping Duty New Shipper Reviews, 81 FR           4412.94.9000; 4412.94.9500;
                                                People’s Republic of China (‘‘PRC’’).                   4612 (January 27, 2016) (‘‘Initiation Notice’’).
                                                The review covers two exporters of                         2 See ‘‘See Simite Wooden’s Letter to the          4412.99.0600; 4412.99.1020;
                                                subject merchandise, Jiangsu Keri Wood                  Department, Multilayered Wood Flooring from the       4412.99.1030; 4412.99.1040;
                                                Co., Ltd. (‘‘Keri Wood’’) and Zhejiang                  People’s Republic of China; A–570–970; Surrogate      4412.99.3110; 4412.99.3120;
                                                                                                        Values for the Preliminary Results, dated May 10,     4412.99.3130; 4412.99.3140;
                                                Simite Wooden Co., Ltd. (‘‘Simite                       2016; see also Keri Wood’s Letter to the
                                                Wooden’’). The Department                               Department, Multilayered Wood Flooring rom the        4412.99.3150; 4412.99.3160;
                                                preliminarily determines that Keri                      People’s Republic of China: Comments Regarding        4412.99.3170; 4412.99.4100;
                                                                                                        Surrogate Value Selection, dated May 23, 2016.        4412.99.5100; 4412.99.5105;
                                                Wood did not make sales of subject                         3 See Memorandum to Christian Marsh, Deputy
                                                merchandise at less than normal value.                  Assistant Secretary for Antidumping and
                                                                                                                                                              4412.99.5115; 4412.99.5710;
                                                The period of review (‘‘POR’’) is                       Countervailing Duty Operations, from Maisha           4412.99.6000; 4412.99.7000;
                                                December 1, 2014, through November                      Cryor, Office IV, Antidumping and Countervailing      4412.99.8000; 4412.99.9000;
                                                                                                        Duty Operations, entitled, ‘‘Multilayered Wood        4412.99.9500; 4418.71.2000;
                                                30, 2015. The Department also                           Flooring from the People’s Republic of China:
                                                preliminarily determines that Simite                    Extension of Deadline for Preliminary Results of      4418.71.9000; 4418.72.2000;
                                                Wooden’s sale to the United States is                   Antidumping Duty New Shipper Reviews’’ dated          4418.72.9500; and 9801.00.2500 of the
                                                                                                        June 23, 2016.                                        Harmonized Tariff Schedule of the
                                                not bona fide, as required by section                      4 See Memorandum to the File, regarding
                                                751(a)(2)(B)(iv) of the Tariff Act of 1930,                                                                   United States (‘‘HTSUS’’). Although the
                                                                                                        ‘‘Alignment of the New Shipper Reviews of the
                                                as amended (‘‘the Act’’). Therefore, we                 Antidumping Duty Order on Multilayered Wood           HTSUS subheadings are provided for
                                                are preliminarily rescinding the NSR                    Flooring from the People’s Republic of China with     convenience and customs purposes, our
                                                                                                        the Concurrent Administrative Review of
                                                with respect to Simite Wooden.                          Multilayered Wood Flooring from the People’s
                                                Interested parties are invited to                       Republic of China’’ (November 15, 2016).
                                                                                                                                                                 6 A ‘‘veneer’’ is a thin slice of wood, rotary cut,

                                                comment on the preliminary results of                      5 See Memorandum to Christian Marsh, Deputy        sliced or sawed from a log, bolt or flitch. Veneer is
                                                                                                        Assistant Secretary for Antidumping and               referred to as a ply when assembled.
                                                these reviews.                                                                                                   7 For a complete description of the scope of the
                                                                                                        Countervailing Duty Operations, from Maisha
                                                DATES: Effective December 28, 2016.                                                                           order, see Memorandum from Christian Marsh,
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                                                                                                        Cryor, Office IV, Antidumping and Countervailing
                                                                                                        Duty Operations, entitled, ‘‘Multilayered Wood        Deputy Assistant Secretary for Antidumping and
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        Flooring from the People’s Republic of China:         Countervailing Operations, to Paul Piquado,
                                                Maisha Cryor or Robert Bolling, AD/                     Extension of Deadline for Preliminary Results of      Assistant Secretary for Enforcement and
                                                CVD Operations, Office IV, Enforcement                  Antidumping Duty New Shipper Reviews’’ dated          Compliance, entitled ‘‘Preliminary Rescission of the
                                                and Compliance, International Trade                     June 23, 2016; see also Memorandum to the File,       2013–2014 Antidumping Duty New Shipper
                                                                                                        regarding ‘‘Extension of Deadline for the             Review: Multilayered Wood Flooring from the
                                                Administration, U.S. Department of                      Preliminary Results of the New Shipper Reviews of     People’s Republic of China’’ issued concurrently
                                                Commerce, 1401 Constitution Avenue                      Multilayered Wood Flooring from the People’s          with and hereby adopted by this notice
                                                NW., Washington, DC 20230; telephone:                   Republic of China’’ (November 20, 2016).              (‘‘Preliminary Decision Memorandum’’).



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                                                                             Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices                                                                    95567

                                                written description of the scope of the                         is on file electronically via Enforcement                       sale made by Simite Wooden to the
                                                order is dispositive.                                           and Compliance’s centralized electronic                         United States is not a bona fide sale. 9
                                                                                                                service system (ACCESS). ACCESS is                              Because the non-bona fide sale was the
                                                Methodology
                                                                                                                available to registered users at http://                        only reported sale of subject
                                                   The Department is conducting these                           access.trade.gov, and it is available to                        merchandise by Simite Wooden during
                                                reviews in accordance with section                              all parties in the Department’s Central                         the POR, and thus there are no other
                                                751(a)(2)(B) of the Act and 19 CFR                              Records Unit, B8024 of the main                                 reviewable transactions for Simite
                                                351.214. Export prices have been                                Department of Commerce building. In                             Wooden, we are preliminarily
                                                calculated in accordance with section                           addition, a complete version of the                             rescinding its NSR. Because much of the
                                                772 of the Act. Because the PRC is a                            Preliminary Decision Memorandum can                             factual information used in our analysis
                                                non-market economy within the                                   be accessed directly on the Internet at                         of Simite Wooden’s sale involves
                                                meaning of section 771(18) of the Act,                          http://enforcement.trade.gov/frn/. The                          business proprietary information, a full
                                                NV has been calculated in accordance                            signed Preliminary Decision                                     discussion of the basis for our
                                                with section 773(c) of the Act. For a full                      Memorandum and the electronic                                   preliminary determination regarding
                                                description of the methodology                                  versions of the Preliminary Decision                            Simite Wooden is set forth in the Bona
                                                underlying our conclusions, see the                             Memorandum are identical in content.                            Fide Sales Analysis Memoranda, which
                                                Preliminary Decision Memorandum. A                                                                                              is on the record of this proceeding.
                                                                                                                Preliminary Results of New Shipper
                                                list of topics discussed in the                                                                                                    The Department preliminarily
                                                                                                                Review
                                                Preliminary Decision Memorandum is                                                                                              determines that the following weighted-
                                                in the attached Appendix to this notice.                          As discussed in Bona Fide Sales                               average dumping margin exists for Keri
                                                   The Preliminary Decision                                     Analysis Memorandum,8 the                                       Wood for the POR from December 1,
                                                Memorandum is a public document and                             Department preliminarily finds that the                         2014, through November 30, 2015:

                                                                                                                                                                                                                          Weighted-
                                                                                                                                                                                                                           average
                                                                                   Exporter                                                                             Producer                                          dumping
                                                                                                                                                                                                                           margin
                                                                                                                                                                                                                          (percent)

                                                Jiangsu Keri Wood Co., Ltd .......................................................   Jiangsu Keri Wood Co., Ltd .......................................................          0.00



                                                Disclosure and Public Comment                                   Constitution Avenue NW., Washington,                            entries.14 The Department intends to
                                                                                                                DC 20230.13                                                     issue assessment instructions to CBP 15
                                                   The Department intends to disclose                             Unless the deadline is extended                               days after the date of publication of the
                                                the analysis performed for these                                pursuant to section 751(a)(2)(B)(iii), the                      final results of this new shipper review.
                                                preliminary results to the parties within                       Department intends to issue the final
                                                five days of the date of publication of                                                                                            If the respondent’s weighted average
                                                                                                                results of this new shipper review,                             dumping margin is not zero or de
                                                this notice in accordance with 19 CFR                           which will include the results of its
                                                351.224(b). Interested parties may                                                                                              minimis (i.e., less than 0.50 percent) in
                                                                                                                analysis of all issues raised in the case
                                                submit case briefs by no later than 30                                                                                          the final results, the Department intends
                                                                                                                and rebuttal briefs, within 90 days of
                                                days after the date of publication of                                                                                           to calculate importer-specific
                                                                                                                publication of these preliminary results,
                                                these preliminary results of review.10                          pursuant to section 751(a)(2)(B)(iv) of                         assessment rates on the basis of the ratio
                                                Rebuttals, limited to issues raised in the                      the Act.                                                        of the total amount of dumping
                                                case briefs, may be filed by no later than                                                                                      calculated for each importer’s examined
                                                                                                                Assessment Rates                                                sales to the total entered value of those
                                                five days after the case briefs are filed.11
                                                                                                                  If the Department proceeds to a final                         sales, in accordance with 19 CFR
                                                   Any interested party may request a                                                                                           351.212(b)(1). Where an importer-
                                                                                                                rescission of Simite Wooden’s NSR, the
                                                hearing within 30 days of publication of                                                                                        specific ad valorem rate is not zero or
                                                                                                                assessment rate to which Simite
                                                this notice.12 Hearing requests should                                                                                          de minimis, the Department intends to
                                                                                                                Wooden shipments will be subject will
                                                contain the following information: (1)                          remain unchanged. However, for Keri                             instruct CBP to collect the appropriate
                                                The party’s name, address, and                                  Wood, and if the Department continues                           antidumping duties at the time of
                                                telephone number; (2) the number of                             to find that Keri Wood did not make                             liquidation.15 Where either a
                                                participants; and (3) a list of the issues                      sales of subject merchandise at less than                       respondent’s weighted average dumping
                                                to be discussed. Oral presentations will                        normal value, upon issuance of the final                        margin is zero or de minimis, or an
                                                be limited to issues raised in the briefs.                      results, pursuant to 19 CFR 351.212(b),                         importer-specific ad valorem rate is zero
                                                If a request for a hearing is made, parties                     the Department intends to determine,                            or de minimis, the Department intends
                                                will be notified of the time and date for                       and the U.S. Customs and Border                                 to instruct CBP to liquidate appropriate
                                                the hearing to be held at the U.S.                              Protection (‘‘CBP’’) shall assess,
                                                Department of Commerce, 1401                                    antidumping duties on all appropriate
                                                  8 See Memorandum from Maisha Cryor, Office IV                 Elouaradia, Director, Enforcement and Compliance,               114–125 (Feb. 24, 2016), which made amendments
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                                                AD/CVD Operations, to Abdelali Elouaradia,                      Office IV entitled ‘‘Antidumping Duty New Shipper               to section 751(a)(2)(B) of the Act. These
                                                Director, Enforcement and Compliance, Office IV                 Review of Multilayered Wood Flooring from the                   amendments apply to this determination.
                                                entitled ‘‘Antidumping Duty New Shipper Review                  People’s Republic of China: Preliminary Bona Fide                 10 See 19 CFR 351.309(c).
                                                of Multilayered Wood Flooring from the People’s                 Sale Analysis for Zhejiang Simite Wooden Co., Ltd.,               11 See 19 CFR 351.309(d).
                                                Republic of China: Preliminary Bona Fide Sale                   dated concurrently with and hereby adopted by this                12 See 19 CFR 351.310(c).
                                                Analysis for Jiangsu Keri Wood Co., Ltd., dated                 notice (‘‘Bona Fide Sales Analysis Memoranda’’).
                                                                                                                                                                                  13 See 19 CFR 351.310(d).
                                                concurrently with and hereby adopted by this                      9 On February 24, 2016, the President of the
                                                                                                                                                                                  14 See 19 CFR 351.212(b)(1).
                                                notice; see also See Memorandum from Maisha                     United States signed into law the Trade Facilitation
                                                Cryor, Office IV AD/CVD Operations, to Abdelali                 and Trade Enforcement Act of 2015, Public Law                     15 See 19 CFR 351.212(b)(1).




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                                                95568                    Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices

                                                entries without regard to antidumping                   cash deposit rate will be the rate                    18. U.S. Price
                                                duties.16                                               applicable to the PRC producer/exporter               19. Value Added Tax
                                                   For entries that were not reported in                combination that supplied that non-PRC                20. Normal Value
                                                the U.S. sales data submitted by Keri                   exporter. These deposit requirements,                 21. Factor Valuations
                                                Wood or Simite Wooden (if applicable),                                                                        22. Currency Conversion
                                                                                                        when imposed, shall remain in effect                  23. Section 777A(f) of the Act
                                                the Department intends to instruct CBP                  until further notice.                                 24. Recommendation
                                                to liquidate such entries at the rate for
                                                the PRC-wide entity.17 The final results                Notification to Importers                             [FR Doc. 2016–31354 Filed 12–27–16; 8:45 am]
                                                of this review shall be the basis for the                  This notice also serves as a reminder              BILLING CODE 3510–DS–P

                                                assessment of antidumping duties on                     to importers of their responsibility
                                                entries of merchandise covered by the                   under 19 CFR 351.402(f)(2) to file a
                                                final results of this review and for future             certificate regarding the reimbursement               DEPARTMENT OF COMMERCE
                                                cash deposits of estimated antidumping                  of antidumping duties prior to                        National Oceanic and Atmospheric
                                                duties, where applicable.                               liquidation of the relevant entries                   Administration
                                                Cash Deposit Requirements                               during the POR. Failure to comply with
                                                                                                        this requirement could result in the                  RIN 0648–XF112
                                                   Effective upon publication of the final              Department’s presumption that
                                                rescission of Simite Wooden’s NSR, the                  reimbursement of antidumping duties                   Pacific Fishery Management Council;
                                                Department will instruct CBP to                         occurred and the subsequent assessment                Public Meetings and Hearings
                                                discontinue the option of posting a bond                of double antidumping duties.                         AGENCY:  National Marine Fisheries
                                                or security in lieu of a cash deposit for
                                                                                                        Notification Regarding Administrative                 Service (NMFS), National Oceanic and
                                                entries of subject merchandise by Simite
                                                                                                        Protective Orders                                     Atmospheric Administration (NOAA),
                                                Wooden. If the Department proceeds to
                                                                                                                                                              Commerce.
                                                a final rescission of Simite Wooden’s                      This notice serves as a reminder to
                                                new shipper review, the cash deposit                                                                          ACTION: Notice of availability of reports;
                                                                                                        parties subject to an administrative
                                                rate will continue to be the PRC-wide                                                                         public meetings, and hearings.
                                                                                                        protective order (APO) of their
                                                rate because the Department will not                    responsibility concerning the                         SUMMARY:   The Pacific Fishery
                                                have determined individual dumping                      disposition of proprietary information                Management Council (Pacific Council)
                                                margins of for Simite Wooden. If the                    disclosed under APO in accordance                     has begun its annual preseason
                                                Department issues final results for                     with 19 CFR 351.305(a)(3). Timely                     management process for the 2017 ocean
                                                Simite Wooden’s NSR, the Department                     written notification of the return or                 salmon fisheries. This document
                                                intends to instruct CBP to collect cash                 destruction of APO materials, or                      announces the availability of Pacific
                                                deposits, effective upon the publication                conversion to judicial protective order,              Council documents as well as the dates
                                                of the final results, at the rates                      is hereby requested. Failure to comply                and locations of Pacific Council
                                                established therein.                                    with the regulations and the terms of an              meetings and public hearings
                                                   However, for Keri Wood, the                          APO is a violation subject to sanction.
                                                following cash deposit requirements                                                                           comprising the Pacific Council’s
                                                will be effective upon publication of the               Notification to Interested Parties                    complete schedule of events for
                                                final results of the new shipper reviews                                                                      determining the annual proposed and
                                                                                                          These preliminary results are issued                final modifications to ocean salmon
                                                for shipments of the subject                            and published in accordance with
                                                merchandise from the PRC entered, or                                                                          fishery management measures. The
                                                                                                        sections 751(a)(1) and 777(i)(1) of the               agendas for the March and April 2017
                                                withdrawn from warehouse, for                           Act and 19 CFR 351.214 and
                                                consumption on or after the publication                                                                       Pacific Council meetings will be
                                                                                                        351.221(b)(4).                                        published in subsequent Federal
                                                date, as provided by section 751(a)(2)(C)
                                                of the Act: (1) For subject merchandise                   Dated: December 20, 2016.                           Register documents prior to the actual
                                                produced and exported by Keri Wood,,                    Paul Piquado,                                         meetings.
                                                the cash deposit rate will be that rate                 Assistant Secretary for Enforcement and               DATES: Written comments on the salmon
                                                established in the final results of this                Compliance.                                           management alternatives must be
                                                new shipper review (except, if the rate                 Appendix I                                            received by 5:00 p.m. Pacific Time,
                                                is zero or de minimis, then a zero cash                                                                       March 31, 2017.
                                                deposit will be required); (2) for                      List of Topics Discussed in the Preliminary           ADDRESSES: Documents will be available
                                                previously investigated or reviewed PRC                 Decision Memorandum
                                                                                                                                                              from, and written comments should be
                                                and non-PRC exporters not listed above                  1. Summary                                            sent to Mr. Herb Pollard, Chair, Pacific
                                                that received a separate rate in a prior                2. Background                                         Fishery Management Council, 7700 NE
                                                segment of this proceeding, the cash                    3. Scope of the Order
                                                                                                                                                              Ambassador Place, Suite 101, Portland,
                                                                                                        4. Discussion of the Methodology
                                                deposit rate will continue to be the                                                                          OR 97220–1384, telephone: (503) 820–
                                                                                                        5. Bona Fide Sale Analysis
                                                existing exporter-specific combination                  6. Non-Market Economy Country Status                  2280 (voice) or (503) 820–2299 (fax).
                                                rate; (3) for all PRC exporters of subject              7. Separate Rates                                     Comments can also be submitted via
                                                merchandise that have not been found                    8. Absence of De Jure Control                         email at PFMC.comments@noaa.gov or
                                                to be entitled to a separate rate, the cash             9. Absence of De Facto Control                        through the internet at the Federal
                                                deposit rate will be that for the PRC-                  10. Surrogate Country                                 Rulemaking Portal: http://
                                                wide entity; and (4) for all non-PRC                    11. Economic Comparability
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                                                                                                                                                              www.regulations.gov. Follow the
                                                exporters of subject merchandise which                  12. Significant Producer of Comparable                instructions for submitting comments,
                                                have not received their own rate, the                      Merchandise
                                                                                                                                                              and include the I.D. number in the
                                                                                                        13. Data Availability
                                                                                                        14. Date of Sale                                      subject line of the message. For specific
                                                  16 See19 CFR 351.106(c)(2).
                                                  17 For                                                15. Determination of the Comparison Method            meeting and hearing locations, see
                                                        a full discussion of this practice, see Non-
                                                                                                        16. Results of the Differential Pricing               SUPPLEMENTARY INFORMATION.
                                                Market Economy Antidumping Proceedings:
                                                Assessment of Antidumping Duties, 76 FR 65694              Analysis                                              Council address: Pacific Fishery
                                                (October 24, 2011).                                     17. Fair Value Comparisons                            Management Council, 7700 NE


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Document Created: 2016-12-28 02:17:07
Document Modified: 2016-12-28 02:17:07
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 December 28, 2016.
ContactMaisha Cryor or Robert Bolling, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5831 or (202) 482-3434, respectively.
FR Citation81 FR 95566 

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