83_FR_35360 83 FR 35217 - Multilayered Wood Flooring From the People's Republic of China: Notice of Court Decision Not in Harmony With the Second Amended Final Determination and Notice of Third Amended Final Determination of the Antidumping Duty Investigation

83 FR 35217 - Multilayered Wood Flooring From the People's Republic of China: Notice of Court Decision Not in Harmony With the Second Amended Final Determination and Notice of Third Amended Final Determination of the Antidumping Duty Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 143 (July 25, 2018)

Page Range35217-35219
FR Document2018-15878

On July 3, 2018, the United States Court of International Trade (CIT or Court) entered its final judgment in Changzhou Hawd Flooring Co., et al. v. United States, sustaining, in part, the final results of remand redetermination pursuant to court order by the Department of Commerce (Commerce) pertaining to the less-than-fair- value (LTFV) investigation on multilayered wood flooring from the People's Republic of China (China). Commerce is notifying the public that the final judgment in this case is not in harmony with Commerce's final determination in the LTFV investigation of multilayered wood flooring from China. Pursuant to the CIT's final judgment, Dunhua City Jisen Wood Industry Co., Ltd., Fine Furniture (Shanghai) Limited, and Armstrong Wood Products (Kunshan) Co., Ltd. are being excluded from the order.

Federal Register, Volume 83 Issue 143 (Wednesday, July 25, 2018)
[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Notices]
[Pages 35217-35219]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15878]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Multilayered Wood Flooring From the People's Republic of China: 
Notice of Court Decision Not in Harmony With the Second Amended Final 
Determination and Notice of Third Amended Final Determination of the 
Antidumping Duty Investigation

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

SUMMARY: On July 3, 2018, the United States Court of International 
Trade (CIT or Court) entered its final judgment in Changzhou Hawd 
Flooring Co., et al. v. United States, sustaining, in part, the final 
results of remand redetermination pursuant to court order by the 
Department of Commerce (Commerce) pertaining to the less-than-fair-
value (LTFV) investigation on multilayered wood flooring from the 
People's Republic of China (China). Commerce is notifying the public 
that the final judgment in this case is not in harmony with Commerce's 
final determination in the LTFV investigation of multilayered wood 
flooring from China. Pursuant to the CIT's final judgment, Dunhua City 
Jisen Wood Industry Co., Ltd., Fine Furniture (Shanghai) Limited, and 
Armstrong Wood Products (Kunshan) Co., Ltd. are being excluded from the 
order.

DATES: Applicable July 13, 2018.

FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis, Office IV, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-3147.

SUPPLEMENTARY INFORMATION:

Background

    The litigation in this case relates to Commerce's final 
determination in the antidumping duty investigation covering 
multilayered wood flooring from China,\1\ which was later amended.\2\ 
In the First Amended Final Determination and Order, Commerce assigned a 
rate of 3.30 percent to all separate rate respondents.\3\ Commerce 
derived this rate by averaging the rates of the two individually 
investigated respondents with weighted-average margins above de 
minimis, pursuant to section 735(c)(5)(A) of the Tariff Act of 1930, as 
amended (the Act). Pursuant to a series of remand orders issued by the 
Court that resulted in five remand redeterminations, Commerce (1) 
revised its calculation of dumping margins for two mandatory 
respondents and the China-wide entity; and, (2) made certain findings 
regarding the dumping margins that were calculated for eight separate 
rate respondents that were plaintiffs in the litigation.
---------------------------------------------------------------------------

    \1\ See Multilayered Wood Flooring from the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value, 76 FR 
64318 (October 18, 2011) (Final Determination).
    \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) (First 
Amended Final Determination and Order).
    \3\ Id.
---------------------------------------------------------------------------

    Regarding the dumping margins for two mandatory respondents in the 
investigation, on April 23, 2014, the Court granted a consent motion 
for severance and entered final judgment in Baroque Timber Industries 
(Zhongshan) Company, Limited v. United States with respect to Layo Wood 
and the Samling Group.\4\ Consistent with the decision of the United 
States Court of Appeals for the Federal Circuit (CAFC) in Timken Co. v. 
United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), as clarified by 
Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. 
Cir. 2010) (Diamond Sawblades), Commerce gave notice of this decision, 
as well as the amended dumping margins of zero percent calculated for 
Layo Wood and Samling Group.\5\ Further, because Commerce changed the 
surrogate values in its first remand redetermination for mandatory 
respondents Layo Wood and Samling Group,\6\ the highest calculated 
transaction-specific rate on the record became 25.62 percent, which 
Commerce assigned to the China-wide entity.\7\ The CIT sustained 
Commerce's remand redetermination as it pertained to Layo

[[Page 35218]]

Wood and Samling Group\.8\ Consequently, pursuant to section 735(a)(4) 
of the Act and 19 CFR 351.204(e)(1), Commerce excluded Layo Wood and 
Samling Group from the Order.\9\
---------------------------------------------------------------------------

    \4\ The full names of those companies are Zheijiang Layo Wood 
Industry Co. Ltd. (Layo Wood) and Baroque Timber Industries 
(Zhongshan) Co., Ltd., Riverside Plywood Corporation, Samling 
Elegant Living Trading (Labuan) Limited, Samling Global USA, Inc., 
Samling Riverside Co., Ltd., and Suzhou Times Flooring Co., Ltd. 
(collectively Samling Group).
    \5\ See Multilayered Wood Flooring from the People's Republic of 
China: Notice of Court Decision Not in Harmony With the Final 
Determination and Amended Final Determination of the Antidumping 
Duty Investigation, 79 FR 25109 (May 2, 2014) (Second Amended Final 
Determination).
    \6\ See Final Results of Redetermination Pursuant to Court 
Order, Baroque Timber Industries (Zhongshan) Company, Limited, et 
al. v. United States, dated November 14, 2013 (First Remand 
Redetermination), at 2-3.
    \7\ Id.
    \8\ See also Baroque Timber Indus. (Zhongshan) Co. v. United 
States, 971 F.Supp.2d 1333, 1336 (Ct. Int'l Trade 2014).
    \9\ See First Remand Redetermination, dated November 14, 2013. 
On May 23, 2014, Commerce provided liquidation instructions to U.S. 
Customs and Border Protection (CBP) for both Layo Wood and Samling 
Group explaining that Commerce has determined that merchandise 
produced and exported by Layo Wood and Samling Group are ``excluded 
from the antidumping duty order on multilayered wood flooring from 
{China{time} ''. See CBP Message from Commerce, ``Liquidation 
instructions for multilayered wood flooring from the People's 
Republic of China (``PRC'') produced and exported by Zhejiang Layo 
Wood Industry Co., Ltd. (A-570-970-001),'' dated May 23, 3014, 
Message Number 4143303; see also CBP Message from Commerce, 
``Liquidation instructions for multilayered wood flooring from the 
People's Republic of China (``PRC'') produced and exported by the 
Samling Group (A-570-970-002),'' dated May 23, 3014, Message Number 
4143304.
---------------------------------------------------------------------------

    Commerce was subsequently remanded by the CIT \10\ and the CAFC 
\11\ to revise its determination of the separate rate. Specifically, in 
its third remand redetermination, Commerce assigned seven of the eight 
separate rate respondents, which were plaintiffs in the litigation, an 
unspecified above de-minimis rate.\12\ In the fourth remand 
redetermination, Commerce assigned the eighth separate rate plaintiff, 
Changzhou Hawd Flooring Co., a cash deposit rate consistent with the 
other separate rate plaintiffs, until Changzhou Hawd's' new cash 
deposit and assessment rate was established in the final results of the 
second administrative review.\13\
---------------------------------------------------------------------------

    \10\ See Changzhou Hawd Flooring Co. v. United States, 77 F. 
Supp. 3d 1351 (Ct. Int'l Trade 2015) (Changzhou Hawd 2015).
    \11\ See Changzhou Hawd Flooring Co. v. United States, 848 F.3d 
1006, 1008 (Fed. Cir. 2017) (Changzhou Hawd 2017).
    \12\ See Final Results of Redetermination Pursuant to Court 
Order, Changzhou Hawd Flooring Co., Ltd., et al. v. United States, 
dated October 16, 2014 (Third Remand Redetermination). Commerce 
inferred that the margins of the separate rate plaintiffs were 
above-de minimis in the second remand redetermination. Commerce 
based this inference on two primary considerations. First, Commerce 
observed that 110 companies did not respond to the quantity and 
value questionnaire, that certain of those companies could have been 
selected as mandatory respondents, and that it is reasonable to 
infer those companies would have received above-de minimis rates. 
Second, Commerce corroborated this inference using the intervening 
results of the first administrative review, where Commerce found 
continued dumping. See Final Results of Redetermination Pursuant to 
Court Order, Baroque Timber Industries (Zhongshan) Company, Limited, 
et al. v. United States, dated May 30, 2014 (Second Remand 
Redetermination).
    \13\ See Final Results of Redetermination Pursuant to Court 
Order, Changzhou Hawd Flooring Co., Ltd., et al. v. United States, 
dated March 24, 2015 (Fourth Remand Redetermination).
---------------------------------------------------------------------------

    The CIT sustained Commerce's determinations; however, the CAFC 
vacated the CIT's judgment and remanded back to the CIT with 
instructions to remand to Commerce to revise its determination of the 
separate rate and apply the ``expected method'' under section 735(c)(5) 
of the Act, or to justify any departure.\14\ In its fifth remand 
redetermination, Commerce was unable to make the necessary findings to 
justify departure from the expected method, and thus applied the 
expected method for the separate rate, averaging the calculated rates 
for the mandatory respondents, resulting in a zero rate.\15\ Commerce 
further determined that the relevant statutory and regulatory 
provision, section 735(a)(4) of the Act and 19 CFR 351.204(e)(1), did 
not provide a basis for excluding from the order producers that were 
not individually investigated and assigned individual dumping margins. 
Commerce also denied a request to terminate the order completely for 
lack of any individually calculated dumping margins above de minimis.
---------------------------------------------------------------------------

    \14\ See Changzhou Hawd 2015, 77 F. Supp. 3d 1351; Changzhou 
Hawd 2017, 848 F.3d 1006, 1008.
    \15\ See Final Results of Redetermination Pursuant to Court 
Order, Court No. 12-00020, dated February 15, 2017 (Fifth Remand 
Redetermination).
---------------------------------------------------------------------------

    On July 3, 2018, the CIT sustained, in part, Commerce's fifth 
remand redetermination.\16\ The CIT sustained Commerce's determination 
not to terminate the order because the order was imposed, in part, 
based on indirect evidence of dumping by the China-wide entity, a 
finding which was not challenged.\17\ With respect to the separate rate 
plaintiffs, the CIT ordered exclusion from the order for three separate 
respondents that sought voluntary examination in the investigation, but 
were denied: Dunhua City Jisen Wood Industry Co., Ltd., Fine Furniture 
(Shanghai) Limited, and Armstrong Wood Products (Kunshan) Co., Ltd. The 
CIT held that Commerce's application of the exclusion regulation, 19 
CFR 351.204(e)(1), was arbitrary with respect to these respondents.\18\
---------------------------------------------------------------------------

    \16\ See Changzhou Hawd Flooring Co., et al. v. United States, 
Ct. No. 12-20, Slip Op. 18-82 (Ct. Int'l Trade July 3, 2018).
    \17\ Id. at 11-12.
    \18\ Id. at 16.
---------------------------------------------------------------------------

Timken Notice

    In its decision in Timken, as clarified by Diamond Sawblades, the 
CAFC held that, pursuant to section 516A(e) of the Act, Commerce must 
publish a notice of a court decision that is not ``in harmony'' with 
Commerce's determination and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The CIT's July 3, 2018, final 
judgment affirming the Fifth Remand Redetermination,\19\ sustaining the 
recalculated separate rate of zero (applicable to the separate rate 
plaintiffs), and ordering the exclusion of Dunhua City Jisen Wood 
Industry Co., Ltd., Fine Furniture (Shanghai) Limited, and Armstrong 
Wood Products (Kunshan) Co., Ltd. from the order constitutes a final 
decision of that court that is not in harmony with the Second Amended 
Final Determination. This notice is published in fulfillment of the 
publication requirements of Timken.
---------------------------------------------------------------------------

    \19\ Id.
---------------------------------------------------------------------------

Third Amended Final Determination

    There is now a final court decision with respect to the Second 
Amended Final Determination as it concerns the eight separate rate 
respondents listed below. As of the date of this notice, all eight 
companies have received updated cash deposit rates, and their rates 
will not change as a result of this litigation. Accordingly, Commerce 
is amending the Second Amended Final Determination. The revised 
weighted-average dumping margins for these companies are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Changzhou Hawd Flooring Co..............................            0.00
Dunhua City Jisen Wood Industry Co., Ltd................            0.00
Dunhua City Dexin Wood Industry Co., Ltd................            0.00
Dalian Huilong Wooden Products Co., Ltd.................            0.00
Kunshan Yingy-Nature Wood Industry Co., Ltd.............            0.00

[[Page 35219]]

 
Karly Wood Product Limited..............................            0.00
Fine Furniture (Shanghai) Limited.......................            0.00
Armstrong Wood Products (Kunshan) Co., Ltd..............            0.00
------------------------------------------------------------------------

    Further, pursuant to the CIT's July 3, 2018, final judgment, 
Commerce is also excluding Dunhua City Jisen Wood Industry Co., Ltd., 
Fine Furniture (Shanghai) Limited, and Armstrong Wood Products 
(Kunshan) Co., Ltd., from the order. Section 735(c)(2)(A)-(B) of the 
Act instructs Commerce to terminate suspension of liquidation and to 
release any bond or other security, and refund any cash deposit, in the 
event of a negative determination. Here, suspension of liquidation must 
continue during the pendency of the appeals process (in accordance with 
Timken and as discussed above), and, therefore, we will continue to 
instruct CBP at this time to (A) continue suspension at a cash deposit 
rate of zero percent until instructed otherwise; and (B) release any 
bond or other security, and refund any cash deposit made pursuant to 
the order by Dunhua City Jisen Wood Industry Co., Ltd., Fine Furniture 
(Shanghai) Limited, and Armstrong Wood Products (Kunshan) Co., Ltd. In 
the event that the CIT's ruling is not appealed, or appealed and upheld 
by the CAFC, Commerce will instruct CBP to terminate the suspension of 
liquidation and to liquidate those unliquidated entries of subject 
merchandise without regard to antidumping duties.

Notification to Interested Parties

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of the APO is a violation subject to 
sanction.
    This notice is issued and published in accordance with sections 
516A(e)(1), 735, and 777(i)(1) of the Act.

    Dated: July 18, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-15878 Filed 7-24-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                            Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices                                                   35217

                                               38. HoneyBear Growers LLC, Brewster, WA                  DEPARTMENT OF COMMERCE                                separate rate respondents.3 Commerce
                                               39. Honey Bear Tree Fruit Co LLC,                                                                              derived this rate by averaging the rates
                                                 Wenatchee, WA                                          International Trade Administration                    of the two individually investigated
                                               40. Hood River Cherry Company, Hood River,
                                                                                                        [A–570–970]                                           respondents with weighted-average
                                                 OR
                                               41. Ice Lakes LLC, East Wenatchee, WA                                                                          margins above de minimis, pursuant to
                                               42. JackAss Mt. Ranch, Pasco, WA                         Multilayered Wood Flooring From the                   section 735(c)(5)(A) of the Tariff Act of
                                               43. Jenks Bros Cold Storage & Packing, Royal             People’s Republic of China: Notice of                 1930, as amended (the Act). Pursuant to
                                                 City, WA                                               Court Decision Not in Harmony With                    a series of remand orders issued by the
                                               44. Kershaw Fruit & Cold Storage, Co.,                   the Second Amended Final                              Court that resulted in five remand
                                                 Yakima, WA                                             Determination and Notice of Third                     redeterminations, Commerce (1) revised
                                               45. L & M Companies, Union Gap, WA                       Amended Final Determination of the                    its calculation of dumping margins for
                                               46. Larson Fruit Co., Selah, WA                          Antidumping Duty Investigation                        two mandatory respondents and the
                                               47. Legacy Fruit Packers LLC, Wapato, WA
                                               48. Manson Growers Cooperative, Manson,                  AGENCY:   Enforcement and Compliance,                 China-wide entity; and, (2) made certain
                                                 WA                                                     International Trade Administration,                   findings regarding the dumping margins
                                               49. Matson Fruit Company, Selah, WA                      Department of Commerce.                               that were calculated for eight separate
                                               50. McDougall & Sons, Inc., Wenatchee, WA                                                                      rate respondents that were plaintiffs in
                                                                                                        SUMMARY: On July 3, 2018, the United
                                               51. Monson Fruit Co., Selah, WA                                                                                the litigation.
                                                                                                        States Court of International Trade (CIT
                                               52. Morgan’s of Washington dba Double                                                                             Regarding the dumping margins for
                                                 Diamond Fruit, Quincy, WA
                                                                                                        or Court) entered its final judgment in
                                               53. Naumes, Inc., Medford, OR                            Changzhou Hawd Flooring Co., et al. v.                two mandatory respondents in the
                                               54. Northern Fruit Company, Inc.,                        United States, sustaining, in part, the               investigation, on April 23, 2014, the
                                                 Wenatchee, WA                                          final results of remand redetermination               Court granted a consent motion for
                                               55. Olympic Fruit Co., Moxee, WA                         pursuant to court order by the                        severance and entered final judgment in
                                               56. Oneonta Trading Corp., Wenatchee, WA                 Department of Commerce (Commerce)                     Baroque Timber Industries (Zhongshan)
                                               57. Orchard View Farms, Inc., The Dalles, OR             pertaining to the less-than-fair-value                Company, Limited v. United States with
                                               58. Pacific Coast Cherry Packers, LLC,                   (LTFV) investigation on multilayered                  respect to Layo Wood and the Samling
                                                 Yakima, WA                                             wood flooring from the People’s                       Group.4 Consistent with the decision of
                                               59. Peshastin Hi-Up Growers, Peshastin, WA               Republic of China (China). Commerce is                the United States Court of Appeals for
                                               60. Piepel Premium Fruit Packing LLC, East               notifying the public that the final
                                                 Wenatchee, WA                                                                                                the Federal Circuit (CAFC) in Timken
                                                                                                        judgment in this case is not in harmony               Co. v. United States, 893 F.2d 337 (Fed.
                                               61. Pine Canyon Growers LLC, Orondo, WA
                                                                                                        with Commerce’s final determination in                Cir. 1990) (Timken), as clarified by
                                               62. Polehn Farms, Inc., The Dalles, OR
                                               63. Price Cold Storage & Packing Co., Inc.,
                                                                                                        the LTFV investigation of multilayered                Diamond Sawblades Mfrs. Coalition v.
                                                 Yakima, WA                                             wood flooring from China. Pursuant to                 United States, 626 F.3d 1374 (Fed. Cir.
                                               64. Pride Packing Company LLC, Wapato,                   the CIT’s final judgment, Dunhua City
                                                                                                                                                              2010) (Diamond Sawblades), Commerce
                                                 WA                                                     Jisen Wood Industry Co., Ltd., Fine
                                                                                                                                                              gave notice of this decision, as well as
                                               65. Quincy Fresh Fruit Co., Quincy, WA                   Furniture (Shanghai) Limited, and
                                                                                                                                                              the amended dumping margins of zero
                                               66. Rainier Fruit Company, Selah, WA                     Armstrong Wood Products (Kunshan)
                                               67. Roche Fruit, Ltd., Yakima, WA                        Co., Ltd. are being excluded from the                 percent calculated for Layo Wood and
                                               68. Sage Fruit Company, L.L.C., Yakima, WA               order.                                                Samling Group.5 Further, because
                                               69. Smith & Nelson, Inc., Tonasket, WA                                                                         Commerce changed the surrogate values
                                               70. Stadelman Fruit, L.L.C., Milton-                     DATES:   Applicable July 13, 2018.                    in its first remand redetermination for
                                                 Freewater, OR, and Zillah, WA                          FOR FURTHER INFORMATION CONTACT:                      mandatory respondents Layo Wood and
                                               71. Stemilt Growers, LLC, Wenatchee, WA                  Aleksandras Nakutis, Office IV,                       Samling Group,6 the highest calculated
                                               72. Strand Apples, Inc., Cowiche, WA                     Enforcement and Compliance,                           transaction-specific rate on the record
                                               73. Symms Fruit Ranch, Inc., Caldwell, ID                International Trade Administration,                   became 25.62 percent, which Commerce
                                               74. The Dalles Fruit Company, LLC,                       U.S. Department of Commerce, 1401
                                                 Dallesport, WA
                                                                                                                                                              assigned to the China-wide entity.7 The
                                                                                                        Constitution Avenue NW, Washington,                   CIT sustained Commerce’s remand
                                               75. Underwood Fruit & Warehouse Co.,                     DC 20230; telephone: (202) 482–3147.
                                                 Bingen, WA                                                                                                   redetermination as it pertained to Layo
                                               76. Valicoff Fruit Company Inc., Wapato, WA              SUPPLEMENTARY INFORMATION:
                                               77. Washington Cherry Growers, Peshastin,                Background
                                                 WA                                                                                                             3 Id.

                                               78. Washington Fruit & Produce Co., Yakima,                 The litigation in this case relates to               4 The full names of those companies are Zheijiang

                                                 WA                                                     Commerce’s final determination in the                 Layo Wood Industry Co. Ltd. (Layo Wood) and
                                               79. Western Sweet Cherry Group, LLC,                     antidumping duty investigation                        Baroque Timber Industries (Zhongshan) Co., Ltd.,
                                                                                                                                                              Riverside Plywood Corporation, Samling Elegant
                                                 Yakima, WA                                             covering multilayered wood flooring                   Living Trading (Labuan) Limited, Samling Global
                                               80. Whitby Farms, Inc. dba: Farm Boy Fruit               from China,1 which was later amended.2                USA, Inc., Samling Riverside Co., Ltd., and Suzhou
                                                 Snacks LLC, Mesa, WA                                   In the First Amended Final                            Times Flooring Co., Ltd. (collectively Samling
                                               81. WP Packing LLC, Wapato, WA                           Determination and Order, Commerce                     Group).
                                               82. Yakima Fresh, Yakima, WA                                                                                     5 See Multilayered Wood Flooring from the
                                                                                                        assigned a rate of 3.30 percent to all                People’s Republic of China: Notice of Court
                                               83. Yakima Fruit & Cold Storage Co., Yakima,
                                                 WA                                                                                                           Decision Not in Harmony With the Final
                                               84. Zirkle Fruit Company, Selah, WA
                                                                                                           1 See Multilayered Wood Flooring from the          Determination and Amended Final Determination
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                        People’s Republic of China: Final Determination of    of the Antidumping Duty Investigation, 79 FR 25109
                                                                                                        Sales at Less Than Fair Value, 76 FR 64318            (May 2, 2014) (Second Amended Final
                                                 Dated: July 20, 2018.                                                                                        Determination).
                                                                                                        (October 18, 2011) (Final Determination).
                                               Joseph Flynn,                                               2 See Multilayered Wood Flooring from the            6 See Final Results of Redetermination Pursuant

                                               Director, Office of Trade and Economic                   People’s Republic of China: Amended Final             to Court Order, Baroque Timber Industries
                                               Analysis, International Trade Administration.            Determination of Sales at Less Than Fair Value and    (Zhongshan) Company, Limited, et al. v. United
                                                                                                        Antidumping Duty Order, 76 FR 76690 (December         States, dated November 14, 2013 (First Remand
                                               [FR Doc. 2018–15925 Filed 7–24–18; 8:45 am]              8, 2011) (First Amended Final Determination and       Redetermination), at 2–3.
                                               BILLING CODE 3510–DR–P                                   Order).                                                 7 Id.




                                          VerDate Sep<11>2014   18:50 Jul 24, 2018   Jkt 244001   PO 00000   Frm 00016   Fmt 4703   Sfmt 4703   E:\FR\FM\25JYN1.SGM     25JYN1


                                               35218                                Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices

                                               Wood and Samling Group.8                                              the calculated rates for the mandatory                                that, pursuant to section 516A(e) of the
                                               Consequently, pursuant to section                                     respondents, resulting in a zero rate.15                              Act, Commerce must publish a notice of
                                               735(a)(4) of the Act and 19 CFR                                       Commerce further determined that the                                  a court decision that is not ‘‘in
                                               351.204(e)(1), Commerce excluded Layo                                 relevant statutory and regulatory                                     harmony’’ with Commerce’s
                                               Wood and Samling Group from the                                       provision, section 735(a)(4) of the Act                               determination and must suspend
                                               Order.9                                                               and 19 CFR 351.204(e)(1), did not                                     liquidation of entries pending a
                                                  Commerce was subsequently                                          provide a basis for excluding from the                                ‘‘conclusive’’ court decision. The CIT’s
                                               remanded by the CIT 10 and the CAFC 11                                order producers that were not                                         July 3, 2018, final judgment affirming
                                               to revise its determination of the                                    individually investigated and assigned                                the Fifth Remand Redetermination,19
                                               separate rate. Specifically, in its third                             individual dumping margins. Commerce
                                                                                                                                                                                           sustaining the recalculated separate rate
                                               remand redetermination, Commerce                                      also denied a request to terminate the
                                                                                                                                                                                           of zero (applicable to the separate rate
                                               assigned seven of the eight separate rate                             order completely for lack of any
                                                                                                                     individually calculated dumping                                       plaintiffs), and ordering the exclusion of
                                               respondents, which were plaintiffs in                                                                                                       Dunhua City Jisen Wood Industry Co.,
                                               the litigation, an unspecified above de-                              margins above de minimis.
                                                                                                                       On July 3, 2018, the CIT sustained, in                              Ltd., Fine Furniture (Shanghai) Limited,
                                               minimis rate.12 In the fourth remand                                                                                                        and Armstrong Wood Products
                                               redetermination, Commerce assigned                                    part, Commerce’s fifth remand
                                                                                                                     redetermination.16 The CIT sustained                                  (Kunshan) Co., Ltd. from the order
                                               the eighth separate rate plaintiff,                                                                                                         constitutes a final decision of that court
                                                                                                                     Commerce’s determination not to
                                               Changzhou Hawd Flooring Co., a cash
                                                                                                                     terminate the order because the order                                 that is not in harmony with the Second
                                               deposit rate consistent with the other
                                                                                                                     was imposed, in part, based on indirect                               Amended Final Determination. This
                                               separate rate plaintiffs, until Changzhou
                                                                                                                     evidence of dumping by the China-wide                                 notice is published in fulfillment of the
                                               Hawd’s’ new cash deposit and
                                                                                                                     entity, a finding which was not                                       publication requirements of Timken.
                                               assessment rate was established in the
                                                                                                                     challenged.17 With respect to the
                                               final results of the second                                                                                                                 Third Amended Final Determination
                                                                                                                     separate rate plaintiffs, the CIT ordered
                                               administrative review.13
                                                                                                                     exclusion from the order for three                                      There is now a final court decision
                                                  The CIT sustained Commerce’s                                       separate respondents that sought
                                               determinations; however, the CAFC                                                                                                           with respect to the Second Amended
                                                                                                                     voluntary examination in the
                                               vacated the CIT’s judgment and                                                                                                              Final Determination as it concerns the
                                                                                                                     investigation, but were denied: Dunhua
                                               remanded back to the CIT with                                         City Jisen Wood Industry Co., Ltd., Fine                              eight separate rate respondents listed
                                               instructions to remand to Commerce to                                 Furniture (Shanghai) Limited, and                                     below. As of the date of this notice, all
                                               revise its determination of the separate                              Armstrong Wood Products (Kunshan)                                     eight companies have received updated
                                               rate and apply the ‘‘expected method’’                                Co., Ltd. The CIT held that Commerce’s                                cash deposit rates, and their rates will
                                               under section 735(c)(5) of the Act, or to                             application of the exclusion regulation,                              not change as a result of this litigation.
                                               justify any departure.14 In its fifth                                 19 CFR 351.204(e)(1), was arbitrary with                              Accordingly, Commerce is amending
                                               remand redetermination, Commerce was                                  respect to these respondents.18                                       the Second Amended Final
                                               unable to make the necessary findings to                                                                                                    Determination. The revised weighted-
                                               justify departure from the expected                                   Timken Notice                                                         average dumping margins for these
                                               method, and thus applied the expected                                   In its decision in Timken, as clarified                             companies are as follows:
                                               method for the separate rate, averaging                               by Diamond Sawblades, the CAFC held

                                                                                                                                                                                                                                         Weighted-
                                                                                                                                                                                                                                          average
                                                                                                                                    Exporter                                                                                             dumping
                                                                                                                                                                                                                                          margin
                                                                                                                                                                                                                                         (percent)

                                               Changzhou Hawd Flooring Co ............................................................................................................................................................          0.00
                                               Dunhua City Jisen Wood Industry Co., Ltd .........................................................................................................................................               0.00
                                               Dunhua City Dexin Wood Industry Co., Ltd ........................................................................................................................................                0.00
                                               Dalian Huilong Wooden Products Co., Ltd .........................................................................................................................................                0.00
                                               Kunshan Yingy-Nature Wood Industry Co., Ltd ..................................................................................................................................                   0.00

                                                  8 See also Baroque Timber Indus. (Zhongshan)                          10 See Changzhou Hawd Flooring Co. v. United                       review, where Commerce found continued
                                               Co. v. United States, 971 F.Supp.2d 1333, 1336 (Ct.                   States, 77 F. Supp. 3d 1351 (Ct. Int’l Trade 2015)                    dumping. See Final Results of Redetermination
                                               Int’l Trade 2014).                                                    (Changzhou Hawd 2015).                                                Pursuant to Court Order, Baroque Timber Industries
                                                  9 See First Remand Redetermination, dated                             11 See Changzhou Hawd Flooring Co. v. United                       (Zhongshan) Company, Limited, et al. v. United
                                               November 14, 2013. On May 23, 2014, Commerce                          States, 848 F.3d 1006, 1008 (Fed. Cir. 2017)                          States, dated May 30, 2014 (Second Remand
                                               provided liquidation instructions to U.S. Customs                     (Changzhou Hawd 2017).                                                Redetermination).
                                               and Border Protection (CBP) for both Layo Wood                           12 See Final Results of Redetermination Pursuant                      13 See Final Results of Redetermination Pursuant
                                               and Samling Group explaining that Commerce has
                                                                                                                     to Court Order, Changzhou Hawd Flooring Co., Ltd.,                    to Court Order, Changzhou Hawd Flooring Co., Ltd.,
                                               determined that merchandise produced and
                                                                                                                     et al. v. United States, dated October 16, 2014                       et al. v. United States, dated March 24, 2015
                                               exported by Layo Wood and Samling Group are
                                                                                                                     (Third Remand Redetermination). Commerce                              (Fourth Remand Redetermination).
                                               ‘‘excluded from the antidumping duty order on
                                               multilayered wood flooring from {China}’’. See CBP                    inferred that the margins of the separate rate                           14 See Changzhou Hawd 2015, 77 F. Supp. 3d

                                               Message from Commerce, ‘‘Liquidation instructions                     plaintiffs were above-de minimis in the second                        1351; Changzhou Hawd 2017, 848 F.3d 1006, 1008.
                                               for multilayered wood flooring from the People’s                      remand redetermination. Commerce based this                              15 See Final Results of Redetermination Pursuant
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                                               Republic of China (‘‘PRC’’) produced and exported                     inference on two primary considerations. First,                       to Court Order, Court No. 12–00020, dated February
                                               by Zhejiang Layo Wood Industry Co., Ltd. (A–570–                      Commerce observed that 110 companies did not                          15, 2017 (Fifth Remand Redetermination).
                                               970–001),’’ dated May 23, 3014, Message Number                        respond to the quantity and value questionnaire,                         16 See Changzhou Hawd Flooring Co., et al. v.
                                               4143303; see also CBP Message from Commerce,                          that certain of those companies could have been
                                                                                                                     selected as mandatory respondents, and that it is                     United States, Ct. No. 12–20, Slip Op. 18–82 (Ct.
                                               ‘‘Liquidation instructions for multilayered wood
                                                                                                                     reasonable to infer those companies would have                        Int’l Trade July 3, 2018).
                                               flooring from the People’s Republic of China                                                                                                   17 Id. at 11–12.
                                               (‘‘PRC’’) produced and exported by the Samling                        received above-de minimis rates. Second,
                                                                                                                                                                                              18 Id. at 16.
                                               Group (A–570–970–002),’’ dated May 23, 3014,                          Commerce corroborated this inference using the
                                               Message Number 4143304.                                               intervening results of the first administrative                          19 Id.




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                                                                                     Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices                                                                                   35219

                                                                                                                                                                                                                                             Weighted-
                                                                                                                                                                                                                                              average
                                                                                                                                      Exporter                                                                                               dumping
                                                                                                                                                                                                                                              margin
                                                                                                                                                                                                                                             (percent)

                                               Karly Wood Product Limited ................................................................................................................................................................          0.00
                                               Fine Furniture (Shanghai) Limited .......................................................................................................................................................            0.00
                                               Armstrong Wood Products (Kunshan) Co., Ltd ...................................................................................................................................                       0.00



                                                  Further, pursuant to the CIT’s July 3,                                Dated: July 18, 2018.                                                 Communications, National Oceanic and
                                               2018, final judgment, Commerce is also                                 Gary Taverman,                                                          Atmospheric Administration; telephone:
                                               excluding Dunhua City Jisen Wood                                       Deputy Assistant Secretary for Antidumping                              202–482–6090.
                                               Industry Co., Ltd., Fine Furniture                                     and Countervailing Duty Operations,
                                                                                                                      performing the non-exclusive functions and                              SUPPLEMENTARY INFORMATION:      The
                                               (Shanghai) Limited, and Armstrong                                                                                                              National Oceanic and Atmospheric
                                                                                                                      duties of the Assistant Secretary for
                                               Wood Products (Kunshan) Co., Ltd.,                                                                                                             Administration (NOAA) has several
                                                                                                                      Enforcement and Compliance.
                                               from the order. Section 735(c)(2)(A)–(B)                                                                                                       initiatives underway to support the
                                                                                                                      [FR Doc. 2018–15878 Filed 7–24–18; 8:45 am]
                                               of the Act instructs Commerce to                                                                                                               Department of Commerce (DOC) 2018–
                                                                                                                      BILLING CODE 3510–DS–P
                                               terminate suspension of liquidation and                                                                                                        2022 Strategic Plan. NOAA will address
                                               to release any bond or other security,                                                                                                         the priority of reducing extreme weather
                                               and refund any cash deposit, in the                                    DEPARTMENT OF COMMERCE                                                  impacts through the implementation of
                                               event of a negative determination. Here,                                                                                                       the Weather Research and Forecasting
                                               suspension of liquidation must continue                                National Oceanic and Atmospheric                                        Innovation Act (Act). Among other
                                               during the pendency of the appeals                                     Administration                                                          requirements, the Act directs NOAA to
                                               process (in accordance with Timken and                                                                                                         improve seasonal and sub-seasonal
                                                                                                                      RIN 0648–XG367
                                               as discussed above), and, therefore, we                                                                                                        forecasts, an area of forecasting that
                                               will continue to instruct CBP at this                                  NOAA’s Implementation of the                                            presents significant opportunity for
                                               time to (A) continue suspension at a                                   Department of Commerce 2018–2022                                        improvement. NOAA is also interested
                                               cash deposit rate of zero percent until                                Strategic Plan; Public Meetings                                         in ideas to expand marine aquaculture
                                               instructed otherwise; and (B) release                                                                                                          across the United States as a means of
                                               any bond or other security, and refund                                 AGENCY: National Oceanic and
                                                                                                                                                                                              creating quality jobs in coastal
                                               any cash deposit made pursuant to the                                  Atmospheric Administration (NOAA),
                                                                                                                                                                                              communities and reducing the seafood
                                               order by Dunhua City Jisen Wood                                        Commerce.
                                                                                                                                                                                              trade deficit. Other aspects to support
                                               Industry Co., Ltd., Fine Furniture                                     ACTION: Notice of public meeting.
                                                                                                                                                                                              domestic fisheries include reducing
                                               (Shanghai) Limited, and Armstrong                                      SUMMARY:    The Office of Under Secretary                               regulatory burden for wild-caught
                                               Wood Products (Kunshan) Co., Ltd. In                                   of Commerce (USEC) for Oceans and                                       fisheries, implementing and enforcing
                                               the event that the CIT’s ruling is not                                 Atmosphere is holding multiple                                          recent regulations that establish
                                               appealed, or appealed and upheld by                                    listening sessions to provide                                           minimum standards for imported
                                               the CAFC, Commerce will instruct CBP                                   information and receive stakeholder                                     seafood, and increasing foreign market
                                               to terminate the suspension of                                         input regarding implementation of the                                   access for U.S. seafood products. NOAA
                                               liquidation and to liquidate those                                     Department of Commerce’s 2018–2022                                      is also interested in pursuing efforts to
                                               unliquidated entries of subject                                        Strategic Plan. Focal topics will be                                    support commerce through expanding
                                               merchandise without regard to                                          implementation of the Weather                                           precision maritime navigation products,
                                               antidumping duties.                                                    Research and Forecasting Innovation                                     ecotourism through the National Marine
                                                                                                                      Act of 2017, reducing the seafood trade                                 Sanctuaries Program, and harnessing the
                                               Notification to Interested Parties                                                                                                             deep sea through ocean exploration.
                                                                                                                      deficit, supporting maritime commerce,
                                                 This notice serves as a reminder to                                  fisheries, recreation and tourism. The                                  NOAA also intends to re-energize the
                                               parties subject to administrative                                      listening sessions will include                                         National Oceanographic Partnership
                                               protective order (APO) of their                                        presentations and time for stakeholder                                  Program—a federal program that
                                               responsibility concerning the                                          input into the development of priority                                  facilitates public-private partnerships to
                                               disposition of proprietary information                                 objectives. The meeting topics are                                      fund marine research.
                                                                                                                      described under the SUPPLEMENTARY                                          For the listening sessions, the Office
                                               disclosed under APO in accordance
                                                                                                                      INFORMATION section of the notice.                                      of Under Secretary of Commerce (USEC)
                                               with 19 CFR 351.305(a)(3). Timely
                                               written notification of the destruction of                             DATES: The meetings will be held                                        for Oceans and Atmosphere will present
                                               APO materials or conversion to judicial                                between August and November 2018.                                       background on these ideas and solicit
                                               protective order is hereby requested.                                  For specific dates and times, see                                       comment from stakeholders. The focus
                                                                                                                      SUPPLEMENTARY INFORMATION.                                              of each public meeting and structure of
                                               Failure to comply with the regulations
                                               and the terms of the APO is a violation                                ADDRESSES: Meeting address: The                                         public comment will be at the discretion
                                               subject to sanction.                                                   meetings will be held in Norman, OK;                                    of the presenters and NOAA staff. The
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                                                                                                                      Juneau, AK; St. Petersburg, FL;                                         USEC schedule, location, and agenda for
                                                 This notice is issued and published in                               Madison, WI; Charleston, SC; Seattle,                                   the following eight meetings are as
                                               accordance with sections 516A(e)(1),                                   WA; San Diego, CA and Durham, NC.                                       follows with exact times and locations
                                               735, and 777(i)(1) of the Act.                                         For specific locations, see                                             to be released at least 14 days in
                                                                                                                      SUPPLEMENTARY INFORMATION.                                              advance of the events at http://
                                                                                                                      FOR FURTHER INFORMATION CONTACT: Julie                                  www.noaa.gov/stories/noaa-starts-
                                                                                                                      Kay Roberts, Director of                                                nationwide-listening-sessions:


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Document Created: 2018-07-25 00:44:37
Document Modified: 2018-07-25 00:44:37
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
DatesApplicable July 13, 2018.
ContactAleksandras Nakutis, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3147.
FR Citation83 FR 35217 

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