82 FR 13092 - Multilayered Wood Flooring From the People's Republic of China: Final Results of Expedited First Sunset Review of Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 45 (March 9, 2017)

As a result of this sunset review, the Department of Commerce (``the Department'') finds that revocation of the antidumping duty (``AD'') order on multilayered wood flooring (``MLWF'') from the People's Republic of China (``PRC'') would be likely to lead to continuation or recurrence of dumping at the level identified in the ``Final Results of Review'' section of this notice.

[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Notices]
[Pages 13092-13094]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04640]


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DEPARTMENT OF COMMERCE

International Trade Administation

[A-570-970]


Multilayered Wood Flooring From the People's Republic of China: 
Final Results of Expedited First Sunset Review of Antidumping Duty 
Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of this sunset review, the Department of Commerce 
(``the Department'') finds that revocation

[[Page 13093]]

of the antidumping duty (``AD'') order on multilayered wood flooring 
(``MLWF'') from the People's Republic of China (``PRC'') would be 
likely to lead to continuation or recurrence of dumping at the level 
identified in the ``Final Results of Review'' section of this notice.

DATES: Effective March 9, 2017.

FOR FURTHER INFORMATION CONTACT: Maliha Khan, 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) 482-0895.

SUPPLEMENTARY INFORMATION: 
    On December 8, 2011, the Department published the AD Order on MLWF 
from the PRC.\1\ On November 1, 2016, the Department initiated the 
first sunset review of the AD Order, pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (``the Act'').\2\ On November 16, 2016, 
the Department received a notice of intent to participate in this 
review from Coalition for American Hardwood Parity (``CAHP''), an ad 
hoc association of domestic manufacturers of MLWF, within the deadline 
specified in 19 CFR 351.218(d)(1)(i).\3\ CAHP claimed interested party 
status under sections 771(9)(C) and (F) of the Act as a manufacturer in 
the United States of a domestic like product as well as an association 
whose members are interested parties. On December 1, 2016, the 
Department received a complete and adequate substantive response from 
CAHP within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i).\4\ The Department received no substantive responses 
from respondent interested parties with respect to the AD Order. As a 
result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), the Department conducted an expedited (120-
day) sunset review of the AD Order.
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    \1\ See Multilayered Wood Flooring from the People's Republic of 
China: Amended Final Determination of Sales at Less Than Fair Value 
and Antidumping Duty Order, 76 FR 76690 (December 8, 2011) (``AD 
Order'').
    \2\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 75808 
(November 1, 2016).
    \3\ See Letter from CAHP to the Department, ``Petitioners' 
Notice of Intent to Participate: Five-Year (``Sunset'') Review: 
Multilayered Wood Flooring from the People's Republic of China'' 
(November 16, 2016).
    \4\ See Letter from CAHP to the Department, ``Petitioners' 
Substantive Response: Five-Year (``Sunset'') Review: Multilayered 
Wood Flooring from the People's Republic of China'' (December 1, 
2016) (``CAHP Substantive Response'').
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Scope of the Order

    The products covered by the AD Order are multilayered wood flooring 
composed of an assembly of two or more layers or plies of wood 
veneer(s) in combination with a core. All multilayered wood flooring is 
included within the definition of subject merchandise, without regard 
to: Dimension (overall thickness, thickness of face ply, thickness of 
back ply, thickness of core, and thickness of inner plies; width; and 
length); wood species used for the face, back, and inner veneers; core 
composition; and face grade. Multilayered wood flooring included within 
the definition of subject merchandise may be unfinished (i.e., without 
a finally finished surface to protect the face veneer from wear and 
tear) or ``prefinished'' (i.e., a coating applied to the face veneer, 
including, but not exclusively, oil or oil-modified or water-based 
polyurethanes, ultra-violet light cured polyurethanes, wax, epoxy-ester 
finishes, moisture-cured urethanes and acid-curing formaldehyde 
finishes). The veneers may be also soaked in an acrylic-impregnated 
finish. All multilayered wood flooring is included within the 
definition of subject merchandise regardless of whether the face (or 
back) of the product is smooth, wire brushed, distressed by any method 
or multiple methods, or hand-scraped. In addition, all multilayered 
wood flooring is included within the definition of subject merchandise 
regardless of whether or not it is manufactured with any interlocking 
or connecting mechanism (for example, tongue-and-groove construction or 
locking joints). All multilayered wood flooring is included within the 
definition of the subject merchandise regardless of whether the product 
meets a particular industry or similar standard.
    The core of multilayered wood flooring may be composed of a range 
of materials, including but not limited to hardwood or softwood veneer, 
particleboard, medium-density fiberboard, high-density fiberboard 
(``HDF''), stone and/or plastic composite, or strips of lumber placed 
edge-to-edge.
    Multilayered wood flooring products generally, but not exclusively, 
may be in the form of a strip, plank, or other geometrical patterns 
(e.g., circular, hexagonal). All multilayered wood flooring products 
are included within this definition regardless of the actual or nominal 
dimensions or form of the product.
    Specifically excluded from the scope are cork flooring and bamboo 
flooring, regardless of whether any of the sub-surface layers of either 
flooring are made from wood. Also excluded is laminate flooring. 
Laminate flooring consists of a top wear layer sheet not made of wood, 
a decorative paper layer, a core-layer of HDF, and a stabilizing bottom 
layer.
    Imports of the subject merchandise are provided for under the 
following subheadings of the Harmonized Tariff Schedule of the United 
States (``HTSUS''): 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.\5\
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    \5\ See Letter to the File from Lilit Astvatsatrian, Case 
Analyst, Enforcement and Compliance, Office IV, regarding 
``Multilayered Wood Flooring from the PRC, Modification of the Case 
Reference File in ACE'' (November 18, 2013).
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    While HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the subject merchandise is 
dispositive.

Analysis of Comments Received

    A complete discussion of all issues raised in this review, 
including the likelihood of continuation or recurrence

[[Page 13094]]

of dumping in the event of revocation of the AD Order and the magnitude 
of the margins likely to prevail if the order were revoked, is provided 
in the accompanying Issues and Decision Memorandum, which is hereby 
adopted by this notice.\6\ The Issues and Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov and to all parties 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 on the Internet at http://enforcement.trade.gov/frnl. The signed Issues and Decision Memorandum and the electronic 
version of the Issues and Decision Memorandum are identical in content.
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    \6\ See Memorandum from James Maeder, Senior Director, Office I, 
Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Issues and Decision Memorandum for the Expedited First 
Sunset Review of the Antidumping Duty Order on Multilayered Wood 
Flooring from the People's Republic of China,'' dated concurrently 
with this notice (Issues and Decision Memorandum).
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Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
the Department determines that revocation of the AD Order would be 
likely to lead to continuation or recurrence of dumping, and that the 
magnitude of the dumping margins likely to prevail would be weighted-
average margins up to 25.62 percent.

Notification to Interested Parties

    This notice serves as the only 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. 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 these results and notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, 19 
CFR 351.218, and 19 CFR 351.221(c)(5)(ii).

    Dated: March 1, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Margins Likely To Prevail
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2017-04640 Filed 3-8-17; 8:45 am]
 BILLING CODE 3510-DS-P