Enforcement and Compliance, International Trade Administration, Department of Commerce.
On January 9, 2015, the Department of Commerce (“the Department”) published the preliminary results of a new shipper review (“NSR”) and the second administrative review (“AR”) of the antidumping duty (“AD”) order on multilayered wood flooring (“MLWF”) from the People's Republic of China (“the PRC”), in accordance with sections 751(a)(1)(B) and 751(a)(2)(B) of the Tariff Act of 1930, as amended (“the Act”).
The period of review (“POR”) for the AR and NSR is December 1, 2012, through November 30, 2013. The NSR covers one producer/exporter of subject merchandise: Linyi Anying Wood Co., Ltd., (“Anying”).
The AR covers 69 companies. The mandatory respondents in this review are: (1) Dalian Dajen Wood Co., Ltd. (“Dajen”) and (2) Jiangsu Senmao Bamboo and Wood Products Co., Ltd. (“Senmao”). We invited interested parties to comment on our NSR Preliminary Results and Preliminary Results. No parties commented on the NSR Preliminary Results. Accordingly, we continue to find that Anying has not made sales of subject merchandise at less than normal value. For the AR, we received comments from interested parties. Based on our analysis of the comments received, we made changes to the margin calculations for the final results of the AD AR. The final dumping margins are listed below in the “Final Results” section of this notice.
Effective date: July 15, 2015.
Start Further Info
FOR FURTHER INFORMATION CONTACT:
Lilit Astvatsatrian, Maisha Cryor, or William Horn, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6412, (202) 482-5831, or (202) 482-2615, respectively.
As noted above, on January 9, 2015, the Department published its NSR Preliminary Results and Preliminary Results. The Department invited parties to submit case briefs and hearing requests related to the NSR Preliminary Results and Preliminary Results. No briefs or hearing requests were received regarding the NSR Preliminary Results. On February 9, 2015, regarding the Preliminary Results, the Department received case briefs from Old Master Products Inc. (“Old Master”); Lumber Liquidators Services, LLC (“Lumber Liquidators”); Linyi Bonn Flooring Manufacturing Co., Ltd. (“Linyi Bonn”); Baishan Huafeng Wood Product Co. Ltd.,. (collectively, “Baishan”);
Fine Furniture (Shanghai) Limited (“Fine Furniture”); Dajen, Senmao, and various separate rate applicants (collectively, “Dajen/Senmao”); Armstrong Wood Products (Kunshan) Co. Ltd. and Armstrong World Industries (collectively, “Armstrong”); the Alliance for Free Choice and Jobs in Flooring; 
and the Coalition for American Hardwood Parity (“CAHP”).
On February 18, 2015, the Department received rebuttal briefs from Fine Furniture, Dajen/Senmao, and CAHP. On February 25, 2015 the Department received the resubmission of its February 18 rebuttal brief from Lumber Liquidators. On February 9, 2015 the Department received requests for a hearing from Fine Furniture, CAHP, Old Master, and Dajen/Senmao regarding the second administrative review. Various interested parties participated in a public hearing on April 1, 2015. On April 22, 2015, we extended the time period for issuing the final results of the AR and NSR by 60 days, until July 8, 2015.
Scope of the Order
The merchandise covered by the order includes MLWF, subject to certain exceptions.
Imports of the subject merchandise are provided for under the following subheadings of the HTSUS: 4412.31.0520; 4412.31.0540; 4412.31.0560; 4412.31.2510; 4412.31.2520; 4412.31.4040; 4412.31.4050; 4412.31.4060; 4412.31.4070; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540; 4412.32.0560; 4412.32.2510; 4412.32.2520; 4412.32.3125; 4412.32.3135; 4412.32.3155; 4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.5600; 4412.39.1000; 4412.39.3000; 4412.39.4011; 4412.39.4012; 4412.39.4019; 4412.39.4031; 4412.39.4032; 4412.39.4039; 4412.39.4051; 4412.39.4052; 4412.39.4059; 4412.39.4061; 4412.39.4062; 4412.39.4069; 4412.39.5010; 4412.39.5030; 4412.39.5050; 4412.94.1030; 4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121; 4412.94.3131; 4412.94.3141; 4412.94.3160; 4412.94.3171; 4412.94.4100; 4412.94.5100; 4412.94.6000; 4412.94.7000; 4412.94.8000; 4412.94.9000; 4412.94.9500; 4412.99.0600; 4412.99.1020; 4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120; 4412.99.3130; 4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170; 4412.99.4100; 4412.99.5100; 4412.99.5710; Start Printed Page 414774412.99.6000; 4412.99.7000; 4412.99.8000; 4412.99.9000; 4412.99.9500; 4418.71.2000; 4418.71.9000; 4418.72.2000; 4418.72.9500; and 9801.00.2500.
While HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise is dispositive.
Final Determination of No Shipments
In the Preliminary Results, we found that Anhui Longhua Bamboo Product Co., Ltd., Benxi Wood Company, Guangzhou Homebon Timber Manufacturing Co., Ltd., Jiaxing Brilliant Import & Export Co. Ltd., Pinge Timber Manufacturing (Zhejiang) Co., Ltd., Power Dekor Group Co., Ltd., and Shenyang Senwang Wooden Industry Co., Ltd. had no shipments during the POR.
Additionally, we found that Dalian Huade Wood Product Co., Ltd. and Zhejiang Fuerjia Wooden Co., Ltd. did not have any qualifying shipments for the Department to review, due to their certification that their only POR shipments underwent review during their respective NSRs. We did not receive comments with respect to any of these companies. Thus, for these final results of review, we continue to find that those companies had no shipments during the POR. Consistent with our “automatic assessment” clarification, we will issue appropriate instructions with respect to these companies to U.S. Customs and Border Protection (“CBP”) based on our final results.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties in the AR are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues that parties raised and to which we responded in the Issues and Decision Memorandum follows as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (“ACCESS”). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The paper copy and electronic version of the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we made revisions to the margin calculations for Dajen and Senmao.
These changes are discussed in the relevant sections of the Issues and Decision Memorandum and company-specific analysis memoranda, as appropriate.
Separate Rates and Partial Rescission
In our Preliminary Results, we determined that eight separate rate applicant companies and 60 separate rate certifier companies demonstrated their eligibility for separate rate status.
Subsequent to the publication of the Preliminary Results, we received comments from Baroque Timber Industries (Zhongshan) Co., Ltd., Riverside Plywood Corporation, Samling Elegant Living Trading (Labuan) Limited, and Samling Riverside Co. Limited (collectively, the “Samling Group”) noting that the Samling Group was recognized in the final results of the first administrative review to be excluded from the AD order on MLWF pursuant to court order.
Samling Group further requested rescission of its administrative review for the second review period as its entries are not subject to the AD order.
The Department agrees that Samling Group and another company subject to this review, Zhejiang Layo Wood Industry Co., Ltd. (“Layo Wood”), have been excluded from the AD order on MLWF as a result of litigation.
Further, both Samling Group and Layo Wood certified for this review that they did not export subject merchandise to the United States other than from the manufacturer/exporter combination specifically excluded from the order following the investigation, and the shipment data that we examined did not show U.S. entries of subject merchandise during the POR from other producer/exporter combinations.
Therefore, we are rescinding the review with respect to the Samling Group and Layo Wood. No other changes have been made for the separate rate companies listed in the Preliminary Results.
Final Results of the New Shipper Review and AR
Regarding the NSR Preliminary Results, no interested parties filed case briefs in response to the Department's invitation to comment on the NSR Preliminary Results. Therefore, because the record contains no other information or evidence that calls into question our NSR Preliminary Results, for these final results, the Department has made no changes to its calculations announced in the NSR Preliminary Results. Therefore, for the final results of the NSR, the Department continues to determine that the following weighted-average dumping margin exists for the POR from December 1, 2012, through November 30, 2013:
|Linyi Anying Wood Co., Ltd||Linyi Anying Wood Co., Ltd||0.00|
Regarding the AR, we determine that the following weighted-average dumping margins exist for the POR from December 1, 2012, through November 30, 2013:
Start Printed Page 41478
|Dalian Dajen Wood Co., Ltd||0.00|
|Jiangsu Senmao Bamboo and Wood Industry Co., Ltd||13.74|
|A&W (Shanghai) Woods Co., Ltd||13.74|
|Armstrong Wood Products (Kunshan) Ltd||13.74|
|Baishan Huafeng Wood Product Co., Ltd||13.74|
|Changbai Mountain Development and Protection Zone Hongtu Wood Industrial Co., Ltd||13.74|
|Changzhou Hawd Flooring Co., Ltd||13.74|
|Chinafloors Timber (China) Co., Ltd||13.74|
|Dalian Huilong Wooden Products Co., Ltd||13.74|
|Dalian Jiuyuan Wood Industry Co., Ltd||13.74|
|Dalian Kemian Wood Industry Co., Ltd||13.74|
|Dalian Penghong Floor Products Co., Ltd||13.74|
|Dalian T-Boom Wood Products Co., Ltd||13.74|
|Dasso Industrial Group Co., Ltd 15||13.74|
|Dongtai Fuan Universal Dynamics, LLC||13.74|
|Dunhua City Dexin Wood Industry Co., Ltd||13.74|
|Dunhua City Hongyuan Wood Industry Co., Ltd||13.74|
|Dun Hua City Jisen Wood Industry Co., Ltd||13.74|
|Dunhua City Wanrong Wood Industry Co., Ltd||13.74|
|Dun Hua Sen Tai Wood Co., Ltd||13.74|
|Fine Furniture (Shanghai) Limited or Double F Limited||13.74|
|Fusong Jinlong Wooden Group 16||13.74|
|GTP International Ltd||13.74|
|Guangdong Yihua Timber Industry Co., Ltd||13.74|
|Guangzhou Panyu Kangda Board Co., Ltd||13.74|
|Guangzhou Panyu Southern Star Co., Ltd||13.74|
|HaiLin LinJing Wooden Products, Ltd||13.74|
|Hangzhou Hanje Tec Co., Ltd||13.74|
|Hangzhou Zhengtian Industrial Co., Ltd||13.74|
|Hunchun Forest Wolf Wooden Industry Co., Ltd||13.74|
|Huzhou Chenghang Wood Co., Ltd||13.74|
|Huzhou Fulinmen Imp. & Exp. Co., Ltd||13.74|
|Huzhou Jesonwood Co., Ltd||13.74|
|Huzhou Sunergy World Trade Co., Ltd||13.74|
|Jianfeng Wood (Suzhou) Co., Ltd||13.74|
|Jiangsu Guyu International Trading Co., Ltd||13.74|
|Jiangsu Kentier Wood Co., Ltd||13.74|
|Jiangsu Mingle Flooring Co., Ltd||13.74|
|Jiangsu Simba Flooring Co., Ltd||13.74|
|Jiashan HuiJiaLe Decoration Material Co., Ltd||13.74|
|Jilin Forest Industry Jinqiao Flooring Group Co., Ltd||13.74|
|Jilin Xinyuan Wooden Industry Co., Ltd||13.74|
|Karly Wood Product Limited||13.74|
|Kemian Wood Industry (Kunshan) Co., Ltd||13.74|
|Shanghai Lizhong Wood Products Co., Ltd./The Lizhong Wood Industry Limited Company of Shanghai/Linyi Youyou Wood Co., Ltd 17||13.74|
|Metropolitan Hardwood Floors, Inc||13.74|
|Mudanjiang Bosen Wood Industry Co., Ltd||13.74|
|Nakahiro Jyou Sei Furniture (Dalian) Co., Ltd||13.74|
|Nanjing Minglin Wooden Industry Co., Ltd||13.74|
|Puli Trading Limited||13.74|
|Shanghai Eswell Timber Co., Ltd||13.74|
|Shanghai Lairunde Wood Co., Ltd||13.74|
|Shanghai New Sihe Wood Co., Ltd||13.74|
|Shanghai Shenlin Corp||13.74|
|Shenyang Haobainian Wooden Co., Ltd||13.74|
|Shenzhenshi Huanwei Woods Co., Ltd||13.74|
|Suzhou Dongda Wood Co., Ltd||13.74|
|Tongxiang Jisheng Import and Export Co., Ltd||13.74|
|Xiamen Yung De Ornament Co., Ltd||13.74|
|Xuzhou Shenghe Wood Co., Ltd||13.74|
|Yingyi-Nature (Kunshan) Wood Industry Co., Ltd||13.74|
|Yixing Lion-King Timber Industry Co., Ltd||13.74|
|Zhejiang Biyork Wood Co., Ltd||13.74|
|Zhejiang Dadongwu Greenhome Wood Co., Ltd||13.74|
|Zhejiang Fudeli Timber Industry Co., Ltd||13.74|
|Zhejiang Fuma Warm Technology Co., Ltd||13.74|
|Zhejiang Longsen Lumbering Co., Ltd||13.74|
|Zhejiang Shiyou Timber Co., Ltd||13.74|
|Zhejiang Tianzhen Bamboo & Wood Development Co., Ltd||13.74|
|PRC-Wide Entity 18||58.84|
The Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of these final results of this review. In accordance with 19 CFR 351.212(b)(1), we are calculating importer- (or customer-) specific assessment rates for the merchandise subject to this review. For any individually examined respondent whose weighted-average dumping margin is above de minimis (i.e., 0.50 percent), the Department will calculate importer- (or customer)-specific assessment rates for merchandise subject to this review. Where appropriate, we calculated an ad valorem rate for each importer (or customer) by dividing the total dumping margins for reviewed sales to that party by the total entered values associated with those transactions. For duty-assessment rates calculated on this basis, we will direct CBP to assess the resulting ad valorem rate against the entered customs values for the subject merchandise. Where appropriate, we calculated a per-unit rate for each importer (or customer) by dividing the total dumping margins for reviewed sales to that party by the total sales quantity associated with those transactions. For duty-assessment rates calculated on this basis, we will direct CBP to assess the resulting per-unit rate against the entered quantity of the subject merchandise.
We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate is above de minimis. Where either the respondent's weighted-average dumping margin is zero or de minimis, or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the Start Printed Page 41479appropriate entries without regard to antidumping duties. For Anying, whose weighted average dumping margin is zero, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.
We intend to instruct CBP to liquidate entries of subject merchandise exported by the PRC-wide entity at the PRC-wide rate.
If the Department determines that an exporter under review had no shipments of subject merchandise, any suspended entries that entered under that exporter's case number will be liquidated at the PRC-wide rate.
For the companies not selected for individual examination, we will instruct CBP to apply the rate listed above to the entries of subject merchandise exported by such companies and entered during the period from December 1, 2012 through November 30, 2013. This rate is the same as the rate for the one mandatory respondent with a weighted-average dumping margin that is above de minimis.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon publication of the final results of these reviews for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date in the Federal Register of the final results of review, as provided by section 751(a)(2)(C) of the Act. First, with respect to Anying, the new shipper respondent, the Department established a combination cash deposit rate for this company, consistent with its practice, as follows: (1) For subject merchandise produced and exported by Anying, a zero cash deposit will be required; (2) for subject merchandise exported by Anying, but not produced by Anying, the cash deposit rate will be the rate for the PRC-wide entity; (3) for subject merchandise produced by Anying, but not exported by Anying, the cash deposit rate will be the rate applicable to the exporter. For Dajen, Senmao, and the non-examined, separate rate respondents, the cash deposit rate will be equal to their weighted-average dumping margins established in the final results of this review, except if the rate is zero or de minimis, then no cash deposit will be required. For Anhui Longhua Bamboo Product Co., Ltd., Benxi Wood Company, Guangzhou Homebon Timber Manufacturing Co., Ltd., Jiaxing Brilliant Import & Export Co. Ltd., Pinge Timber Manufacturing (Zhejiang) Co., Ltd., Power Dekor Group Co., Ltd., and Shenyang Senwang Wooden Industry Co., Ltd., which claimed no shipments, the cash deposit rate will remain unchanged from their rate assigned in the most recently completed review of the company. Likewise, for Dalian Huade Wood Product Co., Ltd. and Zhejiang Fuerjia Wooden Co., Ltd., the cash deposit rate will remain unchanged from the rate assigned in the recently completed new shipper reviews of these companies. For previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the most-recently established exporter-specific rate. For all PRC exporters of subject merchandise that have not been found to be entitled a separate rate, the cash deposit rate will be that for the PRC-wide entity established in the final determination of the less than fair value investigation (i.e., 58.84 percent). For all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice.
We intend to disclose the calculations performed regarding these AR final results within five days of the date of publication of this notice in this proceeding in accordance with 19 CFR 351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties has occurred and the subsequent assessment of doubled antidumping duties.
Administrative Protective Order (“APO”)
This notice also serves as a final reminder to parties subject to APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.
We are issuing and publishing this AR, NSR, and notice in accordance with sections 751(a)(1), 751(a)(2)(B), and 777(i) of the Act.
Dated: July 8, 2015.
Lynn M. Fischer Fox,
Deputy Assistant Secretary for Policy & Negotiation.
Appendix—Issues and Decision Memorandum
Scope of the Order
List of Abbreviations and Acronyms
Discussion of the Issues
Comment 1: Differential Pricing
1.A Cohen's D Test
1.B Denial of Offsets with the Average-to-Transaction Comparison Method
Comment 2: Whether the VAT Adjustment is Correctly Applied
Comment 3: Fine Furniture's Status as a Voluntary Respondent
Comment 4: Whether Fine Furniture's Liquidation Instructions Should Include the Name of Its Affiliate Listed on the Import Documentation Submitted to U.S. CBP
Comment 5: Whether the Department Correctly Applied the PRC-Wide Rate to Linyi Bonn
Comment 6: Paint and Pigments
Comment 7: Surrogate Financial Ratios
Comment 8: Wood Input Conversion Factors
Comment 9: Truck Freight and Handling Surrogate Values
Comment 10: Surrogate Value for Electricity
Comment 11: Plywood
B: Simple Average AUV
C: Exclude Aberrational Imports from Taiwan and the United States
D: Surrogate Value for Plywood
Comment 12: Surrogate Value for Wood Scrap
Comment 13: Surrogate Value for HDF
Comment 14: Surrogate Value for Glue
Comment 15: Senmao's Domestic Truck Freight Costs on Wood Inputs
Comment 16: Whether to Deny Senmao's By-Product Offset
Comment 17: Separate Rate Calculation
Table of Shortened Citations
Litigation Cite Table
End Further Info
[FR Doc. 2015-17368 Filed 7-14-15; 8:45 am]
BILLING CODE 3510-DS-P