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)
International Trade Administration
Federal Register Volume 82, Issue 45 (March 9, 2017)
| Page Range | 13092-13094 | |
| FR Document | 2017-04640 |
[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] ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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''). --------------------------------------------------------------------------- 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\ --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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
![13092 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices
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slide presentation by directly visiting Multilayered Wood Flooring From the
Place: The meeting on March 14, People’s Republic of China: Final
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
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&p=1534864&t=c. the public may listen to the meeting by
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FirstNet, 12201 Sunrise Valley Drive, slide presentation, the public may visit Department of Commerce.
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Kuwana@firstnet.gov. Please direct Number PWXW3143798 and audio (‘‘the Department’’) finds that revocation
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![13094 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices
of dumping in the event of revocation of Dated: March 1, 2017. at less than fair value (‘‘LTFV’’).1 On
the AD Order and the magnitude of the Ronald K. Lorentzen, March 2, 2017, the ITC notified the
margins likely to prevail if the order Acting Assistant Secretary for Enforcement Department of its final affirmative
were revoked, is provided in the and Compliance. determination that an industry in the
accompanying Issues and Decision United States is materially injured by
Appendix
Memorandum, which is hereby adopted reason of LTFV imports and subsidized
by this notice.6 The Issues and Decision List of Topics Discussed in the Issues and imports of ammonium sulfate from the
Memorandum is a public document and Decision Memorandum PRC, within the meaning of sections
is on file electronically via Enforcement I. Summary 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the
and Compliance’s Antidumping and II. Background Act.2
Countervailing Duty Centralized III. Scope of the Order
IV. History of the Order Scope of the Orders
Electronic Service System (ACCESS). V. Legal Framework
ACCESS is available to registered users The merchandise covered by these
VI. Discussion of the Issues orders is ammonium sulfate in all
at https://access.trade.gov and to all 1. Likelihood of Continuation or
parties in the Central Records Unit, physical forms, with or without
Recurrence of Dumping
2. Magnitude of the Margins Likely To additives such as anti-caking agents.
Room B8024 of the main Department of
Prevail Ammonium sulfate, which may also be
Commerce building. In addition, a
VII. Final Results of Sunset Review spelled as ammonium sulphate, has the
complete version of the Issues and
VIII. Recommendation chemical formula (NH4)2SO4.
Decision Memorandum can be accessed The scope includes ammonium
[FR Doc. 2017–04640 Filed 3–8–17; 8:45 am]
directly on the Internet at http:// sulfate that is combined with other
enforcement.trade.gov/frnl. The signed BILLING CODE 3510–DS–P
products, including by, for example,
Issues and Decision Memorandum and blending (i.e., mixing granules of
the electronic version of the Issues and ammonium sulfate with granules of one
DEPARTMENT OF COMMERCE
Decision Memorandum are identical in or more other products), compounding
content. International Trade Administration (i.e., when ammonium sulfate is
Final Results of Sunset Review compacted with one or more other
[A–570–049, C–570–050] products under high pressure), or
Pursuant to sections 751(c)(1) and granulating (incorporating multiple
752(c)(1) and (3) of the Act, the Ammonium Sulfate From the People’s products into granules through, e.g., a
Department determines that revocation Republic of China: Antidumping Duty slurry process). For such combined
of the AD Order would be likely to lead and Countervailing Duty Orders products, only the ammonium sulfate
to continuation or recurrence of component is covered by the scope of
dumping, and that the magnitude of the AGENCY: Enforcement and Compliance, these orders.
dumping margins likely to prevail International Trade Administration, Ammonium sulfate that has been
would be weighted-average margins up Department of Commerce. combined with other products is
to 25.62 percent. SUMMARY: Based on affirmative final included within the scope regardless of
determinations by the Department of whether the combining occurs in
Notification to Interested Parties Commerce (‘‘Department’’) and the countries other than China.
International Trade Commission Ammonium sulfate that is otherwise
This notice serves as the only subject to these orders is not excluded
reminder to parties subject to (‘‘ITC’’), the Department is issuing
antidumping duty (‘‘AD’’) and when commingled (i.e., mixed or
administrative protective order (APO) of combined) with ammonium sulfate from
their responsibility concerning the countervailing duty (‘‘CVD’’) orders on
ammonium sulfate from the People’s sources not subject to these orders. Only
return or destruction of proprietary the subject component of such
information disclosed under APO in Republic of China (‘‘PRC’’).
commingled products is covered by the
accordance with 19 CFR 351.305. DATES: Effective March 9, 2017. scope of these orders.
Timely written notification of the return FOR FURTHER INFORMATION CONTACT: Tom The Chemical Abstracts Service
or destruction of APO materials, or Martin (AD) at (202) 482–3936 or Robert (‘‘CAS’’) registry number for ammonium
conversion to judicial protective order, Galantucci (CVD) at (202) 482–2923, sulfate is 7783–20–2.
is hereby requested. Failure to comply AD/CVD Operations, Office IV, The merchandise covered by these
with the regulations and terms of an Enforcement and Compliance, U.S. orders is currently classifiable under
APO is a violation which is subject to Department of Commerce, 1401 Harmonized Tariff Schedule of the
sanction. Constitution Avenue NW., Washington,
We are issuing and publishing these DC 20230. 1 See Ammonium Sulfate from the People’s
Republic of China: Final Affirmative Countervailing
results and notice in accordance with SUPPLEMENTARY INFORMATION: Duty Determination, 82 FR 4850 (January 17, 2017)
sections 751(c), 752(c), and 777(i)(1) of (‘‘CVD Final Determination’’); Ammonium Sulfate
the Act, 19 CFR 351.218, and 19 CFR Background from the People’s Republic of China: Final
Affirmative Determination of Sales at Less Than
351.221(c)(5)(ii). In accordance with sections 705(d) Fair Value, 82 FR 8403 (January 25, 2017) (‘‘AD
and 735(d) of the Tariff Act of 1930, as Final Determination’’).
asabaliauskas on DSK3SPTVN1PROD with NOTICES
6 See Memorandum from James Maeder, Senior amended (the ‘‘Act’’), on January 17, 2 See Letter to Ronald Lorentzen, Acting Assistant
Director, Office I, Antidumping and Countervailing 2017, and January 25, 2017, Secretary of Commerce for Enforcement and
Duty Operations, to Ronald K. Lorentzen, Acting Compliance, from Rhonda K. Schmidtlein,
Assistant Secretary for Enforcement and
respectively, the Department published Chairman of the U.S. International Trade
Compliance, ‘‘Issues and Decision Memorandum for its affirmative final determination that Commission, regarding antidumping and
the Expedited First Sunset Review of the countervailable subsidies are being countervailing duty investigations concerning
Antidumping Duty Order on Multilayered Wood provided to producers and exporters of imports of ammonium sulfate from the People’s
Flooring from the People’s Republic of China,’’ Republic of China (Investigation Nos 701–TA–562
dated concurrently with this notice (Issues and
ammonium sulfate from the PRC and its and 731–TA–1329), dated March 2, 2017 (‘‘ITC
Decision Memorandum). affirmative final determination of sales Letter’’).
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Document Created: 2017-03-09 04:59:01
Document Modified: 2017-03-09 04:59:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective March 9, 2017. | |
| 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. | |
| FR Citation | 82 FR 13092 |
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