82_FR_27915 82 FR 27799 - Multilayered Wood Flooring From the People's Republic of China: Final Clarification of the Scope of the Antidumping and Countervailing Duty Orders

82 FR 27799 - Multilayered Wood Flooring From the People's Republic of China: Final Clarification of the Scope of the Antidumping and Countervailing Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 116 (June 19, 2017)

Page Range27799-27801
FR Document2017-12674

On April 19, 2017, the Department of Commerce (Department) published a proposed clarification of the scope of the antidumping and countervailing duty orders on multilayered wood flooring (wood flooring) from the People's Republic of China (PRC). Based on comments from interested parties, the Department has further clarified the scope of this order.

Federal Register, Volume 82 Issue 116 (Monday, June 19, 2017)
[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Notices]
[Pages 27799-27801]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12674]


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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: 
Final Clarification of the Scope of the Antidumping and Countervailing 
Duty Orders

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

SUMMARY: On April 19, 2017, the Department of Commerce (Department) 
published a proposed clarification of the scope of the antidumping and 
countervailing duty orders on multilayered wood flooring (wood 
flooring) from the People's Republic of China (PRC). Based on comments 
from interested parties, the Department has further clarified the scope 
of this order.

DATES: Effective June 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 scope 
language, along with descriptions of the merchandise contained in the 
petitions, the initial investigations, prior scope determinations, and 
rulings by the International Trade Commission (ITC) to determine that 
two-layer wood flooring products are outside the scope of the 
Orders.\2\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    On April 19, 2017, the Department published the Proposed Scope 
Clarification \3\ to provide notice that the Department intends to 
clarify the scope of the Orders due to the large number of scope ruling 
requests concerning wood flooring products consisting of only two 
layers. Interested parties were invited to comment on the intended 
clarification.
---------------------------------------------------------------------------

    \3\ See Multilayered Wood Flooring from the People's Republic of 
China: Clarification of the Scope of the Antidumping and 
Countervailing Duty Orders, 82 FR 18420 (April 19, 2017) (Proposed 
Scope Clarification).
---------------------------------------------------------------------------

Comments on the Proposed Scope Clarification

    The Department received two comment submissions from two groups of 
interested parties during the comment period.\4\ The first group agrees 
that the Department has received a large number of scope ruling 
requests concerning two-layer wood flooring products, and notes that 
the requests are being filed not because the order language is 
ambiguous, but, rather, because of concern that U.S. Customs and Border 
Protection (CBP) officials may not always distinguish between two-ply 
and subject merchandise.\5\ This group, therefore, does not believe 
that the Proposed Scope Clarification will necessarily eliminate the 
number of scope ruling requests received by the Department, and 
proposes, as an alternative, that the Department work more closely with 
CBP to ensure CBP knows the difference between subject and non-subject 
merchandise.\6\ Nonetheless, to the extent the clarification language 
is merely meant to reiterate the scope rulings that have already been 
issued, and is not intended to change the scope of the Orders, this 
group does not object.\7\
---------------------------------------------------------------------------

    \4\ See Letter from Anhui Boya Bamboo &Wood Products Co., Ltd., 
et al., ``Multilayered Wood Flooring from the People's Republic of 
China: Comments on Scope Clarification'', dated May 1, 2017 (Anhui 
Boya Bamboo & Wood Products Co., Ltd., et al., Comments); and Letter 
from Zhejiang Dandongwu GreenHome Wood Co., Ltd., et. al., 
``Multilayered Wood Flooring form the People's Republic of China: 
Comments on the Department's Proposed Scope Clarification, dated May 
1, 2017 (Zheijiang Dadongwu GreenHome Wood Co., Ltd., et al., 
Comments).
    \5\ Anhui Boya Bamboo & Wood Products Co., Ltd., et al., 
Comments at 1.
    \6\ Id. at 1-2.
    \7\ Id. at 2.
---------------------------------------------------------------------------

    The second group agrees with the Proposed Scope Clarification and 
deems the language necessary to reflect more definitively that two-
layer wood flooring products are excluded from the scope of the Orders, 
as it will expedite

[[Page 27800]]

handling of entries by CBP and eliminate the need for further scope 
rulings.\8\ This group also proposes that the Department insert 
additional clarifying language to the exclusion section of the existing 
written scope description in order to emphasize the exclusion of two-
layer wood flooring products from the scope of the Orders as follows: 
``Also excluded is wood flooring composed of two layers. Two layered 
flooring typically consists of a single wood veneer, or ply, in 
combination with a base layer of various constructions and materials, 
which may include wood.'' \9\
---------------------------------------------------------------------------

    \8\ Zheijiang Dadongwu GreenHome Wood Co., Ltd., et al., 
Comments at 2.
    \9\ Id. at 2-3.
---------------------------------------------------------------------------

    No other parties, including the petitioner, commented on the 
Proposed Scope Clarification.

Final Scope Clarification

    The Proposed Scope Clarification is meant to clarify the 
Department's interpretation of the scope of the Orders, as provided in 
numerous past scope determinations, that the wood flooring products 
covered by the Orders are composed of a minimum of three layers. This 
clarification is not intended to change the scope of wood flooring 
products covered by the Orders, but is merely meant to clarify and 
inform the public and CBP that the Department has consistently 
interpreted the scope of the Orders to cover wood flooring products 
composed of a minimum of three layers. Further, this clarification will 
expedite CBP's processing of entries of both subject and non-subject 
wood flooring products, and reduce the need for further scope rulings 
with respect to two-layer wood flooring products.
    However, in light of the comments received, and to further 
reiterate that the clarification is not intended to change the scope of 
wood flooring products covered by the Orders, but is merely meant to 
clarify the Department's interpretation, for purposes of this final 
scope clarification we are including an interpretive note as a footnote 
to the scope language, rather than add clarifying language to the scope 
itself. See Scope of the Orders section below at note 11. We are 
adopting this clarification for all segments of the proceeding under 
the Orders for which a determination is made on or after the effective 
date of this notice. We intend to notify CBP of this final scope 
clarification.
    Lastly, although certain parties propose changing the existing 
scope by adding language specifically excluding two-layered flooring, 
we have not adopted this change. We find that the changes adopted 
herein are sufficient to accomplish the goals of the clarification, and 
that further language regarding a specific exclusion for two-layered 
flooring is not necessary.

Scope of the Orders

    Multilayered wood flooring is composed of an assembly of two or 
more layers or plies of wood veneer(s) \10\ in combination with a 
core.\11\ 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.
---------------------------------------------------------------------------

    \10\ 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.
    \11\ Department of Commerce Interpretive Note: The Department 
interprets this language to refer to wood flooring products with a 
minimum of three layers.
---------------------------------------------------------------------------

    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; 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;

[[Page 27801]]

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.

     Dated: June 13, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-12674 Filed 6-16-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                   Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices                                                   27799

                                                       Webcast: The public hearing will be                  DEPARTMENT OF COMMERCE                                   On April 19, 2017, the Department
                                                    available live via webcast. Registration                                                                       published the Proposed Scope
                                                    is not required to view the hearing via                 International Trade Administration                     Clarification 3 to provide notice that the
                                                    webcast. No log-in information is                                                                              Department intends to clarify the scope
                                                                                                            [A–570–970; C–570–971]
                                                    required. Please visit: www.bis.doc.gov/                                                                       of the Orders due to the large number
                                                    232AluminumHearing to be directed to                    Multilayered Wood Flooring From the                    of scope ruling requests concerning
                                                    the live webcast.                                       People’s Republic of China: Final                      wood flooring products consisting of
                                                                                                            Clarification of the Scope of the                      only two layers. Interested parties were
                                                       Visitor Access Requirement: For                                                                             invited to comment on the intended
                                                    participants attending in person, please                Antidumping and Countervailing Duty
                                                                                                            Orders                                                 clarification.
                                                    note that federal agencies can only
                                                    accept a state-issued driver’s license or                                                                      Comments on the Proposed Scope
                                                                                                            AGENCY:  Enforcement and Compliance,
                                                    identification card for access to federal                                                                      Clarification
                                                                                                            International Trade Administration,
                                                    facilities if such license or identification            Department of Commerce.                                   The Department received two
                                                    card is issued by a state that is                       SUMMARY: On April 19, 2017, the
                                                                                                                                                                   comment submissions from two groups
                                                    compliant with the REAL ID Act of 2005                  Department of Commerce (Department)                    of interested parties during the
                                                    (Pub. L. 109–13), or by a state that has                published a proposed clarification of the              comment period.4 The first group agrees
                                                    an extension for REAL ID compliance.                    scope of the antidumping and                           that the Department has received a large
                                                    The main entrance of the Department of                  countervailing duty orders on                          number of scope ruling requests
                                                    Commerce is on 14th Street NW.,                                                                                concerning two-layer wood flooring
                                                                                                            multilayered wood flooring (wood
                                                    between Pennsylvania Avenue and                                                                                products, and notes that the requests are
                                                                                                            flooring) from the People’s Republic of
                                                                                                                                                                   being filed not because the order
                                                    Constitution Avenue, across from the                    China (PRC). Based on comments from
                                                                                                                                                                   language is ambiguous, but, rather,
                                                    Ronald Reagan Building. Upon entering                   interested parties, the Department has
                                                                                                                                                                   because of concern that U.S. Customs
                                                    the building, please go through security                further clarified the scope of this order.
                                                                                                                                                                   and Border Protection (CBP) officials
                                                    and check in at the guard’s desk. BIS                   DATES: Effective June 19, 2017.                        may not always distinguish between
                                                    staff will meet and escort visitors to the              FOR FURTHER INFORMATION CONTACT:                       two-ply and subject merchandise.5 This
                                                    auditorium. Admittance to the                           Jesus Saenz or Michael Bowen, AD/CVD                   group, therefore, does not believe that
                                                    auditorium for the hearing will be                      Operations, Office VIII, Enforcement                   the Proposed Scope Clarification will
                                                    available beginning at 9:00 a.m. (EST)                  and Compliance, International Trade                    necessarily eliminate the number of
                                                    on June 22, 2017 and the hearing will                   Administration, U.S. Department of                     scope ruling requests received by the
                                                    start promptly at 10:00 a.m. (EST).                     Commerce, 1401 Constitution Avenue                     Department, and proposes, as an
                                                       Non U.S. Citizens Please Note: All                   NW., Washington, DC 20230; telephone:                  alternative, that the Department work
                                                    foreign national visitors who do not                    202–482–8184 or 202–482–0768,                          more closely with CBP to ensure CBP
                                                    have permanent resident status must                     respectively.                                          knows the difference between subject
                                                    register to attend the hearing at                       SUPPLEMENTARY INFORMATION:
                                                                                                                                                                   and non-subject merchandise.6
                                                                                                                                                                   Nonetheless, to the extent the
                                                    www.bis.doc.gov/232aluminumhearing
                                                                                                            Background                                             clarification language is merely meant to
                                                    and must fax a copy of their passport to
                                                                                                              The regulations governing the                        reiterate the scope rulings that have
                                                    (202) 482–5361 by 5:00 p.m. (EST),                                                                             already been issued, and is not intended
                                                    Tuesday, June 20, 2017. Please also                     Department’s scope determinations are
                                                                                                            found at 19 CFR 351.225. In past scope                 to change the scope of the Orders, this
                                                    bring a copy of your passport on the day                                                                       group does not object.7
                                                    of the hearing to serve as identification.              determinations,1 in accordance with 19
                                                                                                                                                                      The second group agrees with the
                                                    Failure to provide this information prior               CFR 351.225(k)(1), the Department has
                                                                                                                                                                   Proposed Scope Clarification and deems
                                                    to arrival will result, at a minimum, in                relied on the scope language, along with
                                                                                                                                                                   the language necessary to reflect more
                                                                                                            descriptions of the merchandise
                                                    significant delays in entering the                                                                             definitively that two-layer wood
                                                                                                            contained in the petitions, the initial
                                                    facility. Authority to gather this                                                                             flooring products are excluded from the
                                                                                                            investigations, prior scope
                                                    information is derived from United                                                                             scope of the Orders, as it will expedite
                                                                                                            determinations, and rulings by the
                                                    States Department of Commerce                           International Trade Commission (ITC) to
                                                    Department Administrative Order                         determine that two-layer wood flooring
                                                                                                                                                                   People’s Republic of China: Amended Antidumping
                                                                                                                                                                   and Countervailing Duty Orders, 77 FR 5484
                                                    (DAO) number 207–12. Please visit                       products are outside the scope of the                  (February 3, 2012) (collectively, Orders).
                                                    www.bis.doc.gov/232AluminumHearing                      Orders.2                                                  3 See Multilayered Wood Flooring from the

                                                    to register and for more details regarding                                                                     People’s Republic of China: Clarification of the
                                                    this requirement.                                          1 See e.g., Department Memorandum, ‘‘Final          Scope of the Antidumping and Countervailing Duty
                                                                                                            Scope Ruling on the Antidumping and                    Orders, 82 FR 18420 (April 19, 2017) (Proposed
                                                      Dated: June 6, 2017.                                  Countervailing Duty Orders on Multilayered Wood        Scope Clarification).
                                                                                                                                                                      4 See Letter from Anhui Boya Bamboo &Wood
                                                    Matthew S. Borman,                                      Flooring from the People’s Republic of China:
                                                                                                            Request by Dunhua Shengda Wood Industry Co.,           Products Co., Ltd., et al., ‘‘Multilayered Wood
                                                    Deputy Assistant Secretary for Export                   Ltd., dated December 14, 2016; and Department          Flooring from the People’s Republic of China:
                                                    Administration.                                         Memorandum, ‘‘Final Scope Ruling on the                Comments on Scope Clarification’’, dated May 1,
                                                    [FR Doc. 2017–12729 Filed 6–16–17; 8:45 am]             Antidumping and Countervailing Duty Orders on          2017 (Anhui Boya Bamboo & Wood Products Co.,
                                                                                                                                                                   Ltd., et al., Comments); and Letter from Zhejiang
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            Multilayered Wood Flooring from the People’s
                                                    BILLING CODE 3510–33–P                                                                                         Dandongwu GreenHome Wood Co., Ltd., et. al.,
                                                                                                            Republic of China: Request by Alston, Inc.,’’ dated
                                                                                                            March 12, 2013.                                        ‘‘Multilayered Wood Flooring form the People’s
                                                                                                               2 See Multilayered Wood Flooring from the           Republic of China: Comments on the Department’s
                                                                                                            People’s Republic of China: Amended Final              Proposed Scope Clarification, dated May 1, 2017
                                                                                                            Determination of Sales at Less Than Fair Value and     (Zheijiang Dadongwu GreenHome Wood Co., Ltd.,
                                                                                                            Antidumping Duty Order, 76 FR 76690 (December          et al., Comments).
                                                                                                                                                                      5 Anhui Boya Bamboo & Wood Products Co., Ltd.,
                                                                                                            8, 2011) and Multilayered Wood Flooring from the
                                                                                                            People’s Republic of China: Countervailing Duty        et al., Comments at 1.
                                                                                                                                                                      6 Id. at 1–2.
                                                                                                            Order, 76 FR 76693 (December 8, 2011), as
                                                                                                            amended, Multilayered Wood Flooring from the              7 Id. at 2.




                                               VerDate Sep<11>2014   17:09 Jun 16, 2017   Jkt 241001   PO 00000   Frm 00018   Fmt 4703   Sfmt 4703   E:\FR\FM\19JNN1.SGM   19JNN1


                                                    27800                          Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices

                                                    handling of entries by CBP and                          adopted this change. We find that the                     regardless of whether the product meets
                                                    eliminate the need for further scope                    changes adopted herein are sufficient to                  a particular industry or similar
                                                    rulings.8 This group also proposes that                 accomplish the goals of the clarification,                standard.
                                                    the Department insert additional                        and that further language regarding a                        The core of multilayered wood
                                                    clarifying language to the exclusion                    specific exclusion for two-layered                        flooring may be composed of a range of
                                                    section of the existing written scope                   flooring is not necessary.                                materials, including but not limited to
                                                    description in order to emphasize the                                                                             hardwood or softwood veneer,
                                                                                                            Scope of the Orders                                       particleboard, medium-density
                                                    exclusion of two-layer wood flooring
                                                    products from the scope of the Orders                      Multilayered wood flooring is                          fiberboard, high-density fiberboard
                                                    as follows: ‘‘Also excluded is wood                     composed of an assembly of two or                         (‘‘HDF’’), stone and/or plastic
                                                    flooring composed of two layers. Two                    more layers or plies of wood veneer(s) 10                 composite, or strips of lumber placed
                                                    layered flooring typically consists of a                in combination with a core.11 The                         edge-to-edge.
                                                    single wood veneer, or ply, in                          several layers, along with the core, are                     Multilayered wood flooring products
                                                    combination with a base layer of various                glued or otherwise bonded together to                     generally, but not exclusively, may be in
                                                    constructions and materials, which may                  form a final assembled product.                           the form of a strip, plank, or other
                                                    include wood.’’ 9                                       Multilayered wood flooring is often                       geometrical patterns (e.g., circular,
                                                       No other parties, including the                      referred to by other terms, e.g.,                         hexagonal). All multilayered wood
                                                    petitioner, commented on the Proposed                   ‘‘engineered wood flooring’’ or                           flooring products are included within
                                                    Scope Clarification.                                    ‘‘plywood flooring.’’ Regardless of the                   this definition regardless of the actual or
                                                                                                            particular terminology, all products that                 nominal dimensions or form of the
                                                    Final Scope Clarification                               meet the description set forth herein are                 product. Specifically excluded from the
                                                       The Proposed Scope Clarification is                  intended for inclusion within the                         scope are cork flooring and bamboo
                                                    meant to clarify the Department’s                       definition of subject merchandise.                        flooring, regardless of whether any of
                                                    interpretation of the scope of the Orders,                 All multilayered wood flooring is                      the sub-surface layers of either flooring
                                                    as provided in numerous past scope                      included within the definition of subject                 are made from wood. Also excluded is
                                                    determinations, that the wood flooring                  merchandise, without regard to:                           laminate flooring. Laminate flooring
                                                    products covered by the Orders are                      Dimension (overall thickness, thickness                   consists of a top wear layer sheet not
                                                    composed of a minimum of three layers.                  of face ply, thickness of back ply,                       made of wood, a decorative paper layer,
                                                    This clarification is not intended to                   thickness of core, and thickness of inner                 a core-layer of HDF, and a stabilizing
                                                    change the scope of wood flooring                       plies; width; and length); wood species                   bottom layer.
                                                    products covered by the Orders, but is                  used for the face, back and inner                            Imports of the subject merchandise
                                                    merely meant to clarify and inform the                  veneers; core composition; and face                       are provided for under the following
                                                    public and CBP that the Department has                  grade. Multilayered wood flooring                         subheadings of the Harmonized Tariff
                                                    consistently interpreted the scope of the               included within the definition of subject                 Schedule of the United States
                                                    Orders to cover wood flooring products                  merchandise may be unfinished (i.e.,                      (‘‘HTSUS’’): 4412.31.0520;
                                                    composed of a minimum of three layers.                  without a finally finished surface to                     4412.31.0540; 4412.31.0560;
                                                    Further, this clarification will expedite               protect the face veneer from wear and                     4412.31.0620; 4412.31.0640;
                                                    CBP’s processing of entries of both                     tear) or ‘‘prefinished’’ (i.e., a coating                 4412.31.0660; 4412.31.2510;
                                                    subject and non-subject wood flooring                   applied to the face veneer, including,                    4412.31.2520; 4412.31.2610;
                                                    products, and reduce the need for                       but not exclusively, oil or oil-modified                  4412.31.2620; 4412.31.3175;
                                                    further scope rulings with respect to                   or water-based polyurethanes, ultra-                      4412.31.4040; 4412.31.4050;
                                                    two-layer wood flooring products.                       violet light cured polyurethanes, wax,                    4412.31.4060; 4412.31.4070;
                                                       However, in light of the comments                    epoxy-ester finishes, moisture-cured                      4412.31.4075; 4412.31.4080;
                                                    received, and to further reiterate that the             urethanes and acid-curing formaldehyde                    4412.31.4140; 4412.31.4160;
                                                    clarification is not intended to change                 finishes). The veneers may be also                        4412.31.4175; 4412.31.5125;
                                                    the scope of wood flooring products                     soaked in an acrylic-impregnated finish.                  4412.31.5135; 4412.31.5155;
                                                    covered by the Orders, but is merely                    All multilayered wood flooring is                         4412.31.5165; 4412.31.5175;
                                                    meant to clarify the Department’s                       included within the definition of subject                 4412.31.5225; 4412.31.6000;
                                                    interpretation, for purposes of this final              merchandise regardless of whether the                     4412.31.9100; 4412.32.0520;
                                                    scope clarification we are including an                 face (or back) of the product is smooth,                  4412.32.0540; 4412.32.0560;
                                                    interpretive note as a footnote to the                  wire brushed, distressed by any method                    4412.32.0565; 4412.32.0570;
                                                    scope language, rather than add                         or multiple methods, or hand-scraped.                     4412.32.0640; 4412.32.0665;
                                                    clarifying language to the scope itself.                In addition, all multilayered wood                        4412.32.2510; 4412.32.2520;
                                                    See Scope of the Orders section below                   flooring is included within the                           4412.32.2525; 4412.32.2530;
                                                    at note 11. We are adopting this                        definition of subject merchandise                         4412.32.2610; 4412.32.2625;
                                                    clarification for all segments of the                   regardless of whether or not it is                        4412.32.3125; 4412.32.3135;
                                                    proceeding under the Orders for which                   manufactured with any interlocking or                     4412.32.3155; 4412.32.3165;
                                                    a determination is made on or after the                 connecting mechanism (for example,                        4412.32.3175; 4412.32.3185;
                                                    effective date of this notice. We intend                tongue-and-groove construction or                         4412.32.3225; 4412.32.5600;
                                                    to notify CBP of this final scope                       locking joints). All multilayered wood                    4412.32.5700; 4412.39.1000;
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                                                    clarification.                                          flooring is included within the                           4412.39.3000; 4412.39.4011;
                                                       Lastly, although certain parties                     definition of the subject merchandise                     4412.39.4012; 4412.39.4019;
                                                    propose changing the existing scope by                                                                            4412.39.4031; 4412.39.4032;
                                                    adding language specifically excluding                     10 A ‘‘veneer’’ is a thin slice of wood, rotary cut,   4412.39.4039; 4412.39.4051;
                                                    two-layered flooring, we have not
                                                                                                            sliced or sawed from a log, bolt or flitch. Veneer is     4412.39.4052; 4412.39.4059;
                                                                                                            referred to as a ply when assembled.                      4412.39.4061; 4412.39.4062;
                                                                                                               11 Department of Commerce Interpretive Note:
                                                      8 Zheijiang Dadongwu GreenHome Wood Co.,
                                                                                                            The Department interprets this language to refer to
                                                                                                                                                                      4412.39.4069; 4412.39.5010;
                                                    Ltd., et al., Comments at 2.                            wood flooring products with a minimum of three            4412.39.5030; 4412.39.5050;
                                                      9 Id. at 2–3.                                         layers.                                                   4412.94.1030; 4412.94.1050;


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                                                                                   Federal Register / Vol. 82, No. 116 / Monday, June 19, 2017 / Notices                                                   27801

                                                    4412.94.3105; 4412.94.3111;                                i. FERC Contact: Steven Sachs, (202)                take, the Commission will consider all
                                                    4412.94.3121; 4412.94.3131;                             502–8666, Steven.Sachs@ferc.gov.                       protests or other comments filed, but
                                                    4412.94.3141; 4412.94.3160;                                j. Deadline for filing comments,                    only those who file a motion to
                                                    4412.94.3171; 4412.94.4100;                             motions to intervene, and protests is 30               intervene in accordance with the
                                                    4412.94.5100; 4412.94.6000;                             days from the issuance of this notice by               Commission’s Rules may become a
                                                    4412.94.7000; 4412.94.8000;                             the Commission. The Commission                         party to the proceeding. Any comments,
                                                    4412.94.9000; 4412.94.9500;                             strongly encourages electronic filing.                 motions to intervene, or protests must
                                                    4412.99.0600; 4412.99.1020;                             Please file comments, motions to                       be received on or before the specified
                                                    4412.99.1030; 4412.99.1040;                             intervene, and protests using the
                                                                                                                                                                   comment date for the particular
                                                    4412.99.3110; 4412.99.3120;                             Commission’s eFiling system at http://
                                                                                                                                                                   application.
                                                    4412.99.3130; 4412.99.3140;                             www.ferc.gov/docs-filing/efiling.asp.
                                                    4412.99.3150; 4412.99.3160;                             Commenters can submit brief comments                      o. Filing and Service of Responsive
                                                    4412.99.3170; 4412.99.4100;                             up to 6,000 characters, without prior                  Documents: Any filing must (1) bear in
                                                    4412.99.5100; 4412.99.5105;                             registration, using the eComment system                all capital letters the title COMMENTS,
                                                    4412.99.5115; 4412.99.5710;                             at http://www.ferc.gov/doc-sfiling/                    MOTION TO INTERVENE, or PROTEST
                                                    4412.99.6000; 4412.99.7000;                             ecomment.asp. You must include your                    as applicable; (2) set forth in the
                                                    4412.99.8000; 4412.99.9000;                             name and contact information at the end                heading the name of the applicant and
                                                    4412.99.9500; 4418.71.2000;                             of your comments. For assistance,                      the project number of the application to
                                                    4418.71.9000; 4418.72.2000;                             please contact FERC Online Support at                  which the filing responds; (3) furnish
                                                    4418.72.9500; 4418.74.2000;                             FERCOnlineSupport@ferc.gov, (866)                      the name, address, and telephone
                                                    4418.74.9000; 4418.75.4000;                             208–3676 (toll free), or (202) 502–8659                number of the person protesting or
                                                    4418.75.7000; 4418.79.0100; and                         (TTY). In lieu of electronic filing, please            intervening; and (4) otherwise comply
                                                    9801.00.2500.                                           send a paper copy to: Secretary, Federal               with the requirements of 18 CFR
                                                      While HTSUS subheadings are                           Energy Regulatory Commission, 888
                                                                                                                                                                   385.2001 through 385.2005. All
                                                    provided for convenience and customs                    First Street NE., Washington, DC 20426.
                                                                                                                                                                   comments, motions to intervene, or
                                                    purposes, the written description of the                The first page of any filing should
                                                                                                            include docket number P–2444–031.                      protests must set forth their evidentiary
                                                    subject merchandise is dispositive.                                                                            basis and otherwise comply with the
                                                                                                               k. Description of Request: The
                                                      Dated: June 13, 2017.                                 applicant proposes to replace one of the               requirements of 18 CFR 4.34(b). All
                                                    Ronald K. Lorentzen,                                    two turbine-generator units at the                     comments, motions to intervene, or
                                                    Acting Assistant Secretary for Enforcement              project. The new turbine-generator unit                protests should relate to project works
                                                    and Compliance.                                         would increase the total authorized                    which are the subject of the temporary
                                                    [FR Doc. 2017–12674 Filed 6–16–17; 8:45 am]             installed capacity of the project from 1               variance request. Agencies may obtain
                                                    BILLING CODE 3510–DS–P                                  to 1.2 megawatts, and would raise the                  copies of the application directly from
                                                                                                            hydraulic capacity of the project from                 the applicant. A copy of any protest or
                                                                                                            280 to 350 cubic feet per second. The                  motion to intervene must be served
                                                    DEPARTMENT OF ENERGY                                    applicant does not propose any changes                 upon each representative of the
                                                                                                            to project operation.                                  applicant specified in the particular
                                                    Federal Energy Regulatory                                  l. Locations of the Applications: A                 application. If an intervener files
                                                    Commission                                              copy of the application is available for               comments or documents with the
                                                                                                            inspection and reproduction at the                     Commission relating to the merits of an
                                                    [P–2444–031]
                                                                                                            Commission’s Public Reference Room,                    issue that may affect the responsibilities
                                                    Northern States Power Company;                          located at 888 First Street NE., Room
                                                                                                                                                                   of a particular resource agency, they
                                                    Notice of Application Accepted for                      2A, Washington, DC 20426, or by calling
                                                                                                                                                                   must also serve a copy of the document
                                                    Filing and Soliciting Comments,                         (202) 502–8371. The filing may also be
                                                                                                            viewed on the Commission’s Web site at                 on that resource agency. A copy of all
                                                    Motions To Intervene, and Protests                                                                             other filings in reference to this
                                                                                                            http://www.ferc.gov/docs-filing/
                                                      Take notice that the following                        elibrary.asp. Enter the docket number                  application must be accompanied by
                                                    hydroelectric application has been filed                excluding the last three digits in the                 proof of service on all persons listed in
                                                    with the Commission and is available                    docket number field to access the                      the service list prepared by the
                                                    for public inspection.                                  document. You may also register online                 Commission in this proceeding, in
                                                      a. Type of Application: Non-capacity                  at http://www.ferc.gov/docs-filing/                    accordance with 18 CFR 4.34(b) and
                                                    amendment of license.                                   esubscription.asp to be notified via                   385.2010.
                                                      b. Project No.: 2444–031.                             email of new filings and issuances                       Dated: June 13, 2017.
                                                      c. Date Filed: April 28, 2017, and                    related to this or other pending projects.             Kimberly D. Bose,
                                                    supplemented June 12, 2017.                             For assistance, call 1–866–208–3676 or
                                                      d. Applicant: Northern States Power                   email FERCOnlineSupport@ferc.gov, for                  Secretary.
                                                    Company.                                                TTY, call (202) 502- 8659.                             [FR Doc. 2017–12668 Filed 6–16–17; 8:45 am]
                                                      e. Name of Project: White River                          m. Individuals desiring to be included              BILLING CODE 6717–01–P
                                                    Hydroelectric Project.                                  on the Commission’s mailing list should
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                                                      f. Location: The project is located on                so indicate by writing to the Secretary
                                                    the White River in Ashland County,                      of the Commission.
                                                    Wisconsin.                                                 n. Comments, Motions to Intervene, or
                                                      g. Filed Pursuant to: Federal Power                   Protests: Anyone may submit
                                                    Act, 16 U.S.C. 791 (a)–825(r).                          comments, a motion to intervene, or a
                                                      h. Applicant Contact: Mr. William P.                  protest in accordance with the
                                                    Zawacki, Director of Hydro Plants, 1414                 requirements of Rules of Practice and
                                                    W. Hamilton Ave., P.O. Box 8, Eau                       Procedure, 18 CFR 385.210, .211, .214.
                                                    Claire, WI 54702, (715) 737–1136.                       In determining the appropriate action to


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Document Created: 2017-06-17 01:47:51
Document Modified: 2017-06-17 01:47:51
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 June 19, 2017.
ContactJesus 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.
FR Citation82 FR 27799 

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