82 FR 18420 - Multilayered Wood Flooring from the People's Republic of China: Clarification of the Scope of the Antidumping and Countervailing Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 74 (April 19, 2017)

The Department of Commerce (the Department) has issued numerous scope determinations finding that wood flooring products consisting of only two layers are outside the scope of the antidumping and countervailing duty orders on multilayered wood flooring (MLWF) from the People's Republic of China (PRC). The products subject to these rulings typically (but not exclusively) consist of a single wood veneer layer, or ply, in combination with a base layer of various constructions and materials. Due to the large number of scope ruling requests concerning the aforementioned two-layer MLWF products since the imposition of the Orders, the Department finds it necessary to clarify the scope of the orders. Interested parties are invited to comment on this scope clarification.

[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Notices]
[Pages 18420-18421]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07910]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970; C-570-971]


Multilayered Wood Flooring from the People's Republic of China: 
Clarification of the Scope of the Antidumping and Countervailing Duty 
Orders

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

SUMMARY: The Department of Commerce (the Department) has issued 
numerous scope determinations finding that wood flooring products 
consisting of only two layers are outside the scope of the antidumping 
and countervailing duty orders on multilayered wood flooring (MLWF) 
from the People's Republic of China (PRC). The products subject to 
these rulings typically (but not exclusively) consist of a single wood 
veneer layer, or ply, in combination with a base layer of various 
constructions and materials. Due to the large number of scope ruling 
requests concerning the aforementioned two-layer MLWF products since 
the imposition of the Orders, the Department finds it necessary to 
clarify the scope of the orders. Interested parties are invited to 
comment on this scope clarification.

DATES: Effective April 19, 2017.

FOR FURTHER INFORMATION CONTACT: Jesus Saenz or Michael Bowen, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: 202-482-8184 or 202-482-
0768, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations governing the Department's scope determinations are 
found at 19 CFR 351.225. In past scope determinations,\1\ in accordance 
with 19 CFR 351.225(k)(1), the Department has relied on the description 
of the merchandise contained in the petitions, the initial 
investigations, prior scope determinations, and rulings by the ITC to 
determine that two-layer MLWF products are outside the scope of the 
Orders.\2\
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    \1\ See e.g., Department Memorandum, ``Final Scope Ruling on the 
Antidumping and Countervailing Duty Orders on Multilayered Wood 
Flooring from the People's Republic of China: Request by Dunhua 
Shengda Wood Industry Co., Ltd. dated December 14, 2016 and 
Department Memorandum, ``Final Scope Ruling on the Antidumping and 
Countervailing Duty Orders on Multilayered Wood Flooring from the 
People's Republic of China: Request by Alston, Inc.'' dated March 
12, 2013.
    \2\ 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) and 
Multilayered Wood Flooring from the People's Republic of China: 
Countervailing Duty Order, 76 FR 76693 (December 8, 2011), as 
amended, Multilayered Wood Flooring from the People's Republic of 
China: Amended Antidumping and Countervailing Duty Orders, 77 FR 
5484 (February 3, 2012) (collectively, Orders).
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Scope of the Orders

    Multilayered wood flooring is composed of an assembly of two or 
more layers or plies of wood veneer(s) in combination with a core. The 
several layers, along with the core, are glued or otherwise bonded 
together to form a final assembled product. Multilayered wood flooring 
is often referred to by other terms, e.g., ``engineered wood flooring'' 
or ``plywood flooring.'' Regardless of the particular terminology, all 
products that meet the description set forth herein are intended for 
inclusion within the definition of subject merchandise.
    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; 
4412.31.0620; 4412.31.0640; 4412.31.0660; 4412.31.2510; 4412.31.2520; 
4412.31.2610; 4412.31.2620; 4412.31.3175; 4412.31.4040; 4412.31.4050; 
4412.31.4060; 4412.31.4070; 4412.31.4075; 4412.31.4080; 4412.31.4140; 
4412.31.4160; 4412.31.4175; 4412.31.5125; 4412.31.5135; 4412.31.5155; 
4412.31.5165; 4412.31.5175; 4412.31.5225; 4412.31.6000; 4412.31.9100; 
4412.32.0520; 4412.32.0540; 4412.32.0560;

[[Page 18421]]

4412.32.0565; 4412.32.0570; 4412.32.0640; 4412.32.0665; 4412.32.2510; 
4412.32.2520; 4412.32.2525; 4412.32.2530; 4412.32.2610; 4412.32.2625; 
4412.32.3125; 4412.32.3135; 4412.32.3155; 4412.32.3165; 4412.32.3175; 
4412.32.3185; 4412.32.3225; 4412.32.5600; 4412.32.5700; 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; 4418.74.2000; 4418.74.9000; 4418.75.4000; 
4418.75.7000; 4418.79.0100; and 9801.00.2500.
    While HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the subject merchandise is 
dispositive.

Clarification of the Scope of the Orders

    The Department intends to clarify the scope language by specifying 
that MLWF products covered by the scope of the Orders are products 
composed of a minimum of three layers. We intend to revise the first 
paragraph of the scope of the order as follows:

    Multilayered wood flooring is composed of an assembly of two or 
more layers or plies of wood veneer(s) \3\ in combination with a 
core (i.e. a minimum of three layers). The several layers, along 
with the core, are glued or otherwise bonded together to form a 
final assembled product. Multilayered wood flooring is often 
referred to by other terms, e.g., ``engineered wood flooring'' or 
``plywood flooring.'' Regardless of the particular terminology, all 
products that meet the description set forth herein are intended for 
inclusion within the definition of subject merchandise.
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    \3\ A ``veneer'' is a thin slice of wood, rotary cut, sliced or 
sawed from a log, bolt or flitch. Veneer is referred to as a ply 
when assembled.

    We intend to notify U.S. Customs and Border Protection of this 
scope clarification.

Submission of Comments

    Interested parties wishing to comment on this scope clarification 
should file comments within ten days of the publication date of this 
notice. All submissions must be filed electronically using Enforcement 
and Compliance's Antidumping and Countervailing Duty Centralized 
Electronic Service System (ACCESS). An electronically-filed document 
must be received successfully in its entirety by 5 p.m., Eastern Time 
on the date comments due. Further, in accordance with 19 CFR 
51.303(f)(1)(i),\4\ a copy must be served on every party on the 
Department's scope service list by personal service or first class 
mail. All comments responding to this notice will be a matter of public 
record and will be available on ACCESS.
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    \4\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).

    Dated: April 14, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for AD/CVD Operations.
[FR Doc. 2017-07910 Filed 4-18-17; 8:45 am]
BILLING CODE 3510-DS-P