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Enforcement and Compliance, International Trade Administration, Commerce.
On December 27, 2016, the Department of Commerce (the Department) published the preliminary results of the fourth administrative review (AR) of the antidumping duty (AD) order on multilayered wood flooring (MLWF) from the People's Republic of China (PRC). The period of review (POR) for the AR is December 1, 2014, through November 30, 2015. The AR covers 111 companies. The review covers two mandatory respondents, Dalian Penghong Floor Products Co., Ltd. (Penghong) and Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. (Senmao). We received comments from interested parties on our Preliminary Results. Based on our analysis of the comments received, we made changes to the margin calculations for the Final Results of this administrative review. The final dumping margins are listed below in the “Final Results” section of this notice.
Effective June 5, 2017.
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FOR FURTHER INFORMATION CONTACT:
William Horn or Aleksandras Nakutis, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2615, and (202) 482-3147, respectively.
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Start Supplemental Information
On December 27, 2016, the Department published in the Federal Register the preliminary results of the 2014-2015 administrative review of the antidumping duty order on wood flooring from the PRC.
On January 26, 2017, the Department received case briefs from multiple interested parties.
Additionally, on January 26, 2017, we received from Power Dekor Group Co., Ltd. a letter in lieu of case brief. On February 6, 2017, the Department received rebuttal briefs from Fine Furniture, Old Master Products Inc. (Old Master), Senmao and the HB Respondents, and CAHP. Also, on January 26, 2017, the Department received requests for a hearing from CAHP and Penghong. All parties later withdrew their requests for a hearing.
On March 31, 2017, we extended the time period for issuing the Final Results of this review by 30 days, until May 26, 2017.
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 Harmonized Tariff Schedule of the United States (HTSUS): 4412.31.0520; 4412.31.0540; 4412.31.0560; 4412.31.2510; 4412.31.2520; 4412.31.3175; 4412.31.4040; 4412.31.4050; 4412.31.4060; 4412.31.4070; 4412.31.4075; 4412.31.4080; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.5175; 4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540; 4412.32.0560; 4412.32.0565; 4412.32.0570; 4412.32.2510; 4412.32.2520; 4412.32.2525; 4412.32.2530; 4412.32.3125; 4412.32.3135; 4412.32.3155; 4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.5600; 4412.39.1000; 4412.39.3000; 4412.39.4011; 4412.39.4012; 4412.39.4019; 4412.39.4031; 4412.39.4032; 4412.39.4039; 4412.39.4051; 4412.39.4052; 4412.39.4059; 4412.39.4061; 4412.39.4062; 4412.39.4069; 4412.39.5010; 4412.39.5030; 4412.39.5050; 4412.94.1030; 4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121; 4412.94.3131; 4412.94.3141; 4412.94.3160; 4412.94.3171; 4412.94.4100; 4412.94.5100; 4412.94.6000; 4412.94.7000; 4412.94.8000; 4412.94.9000; 4412.94.9500; 4412.99.0600; 4412.99.1020; 4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120; 4412.99.3130; 4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170; 4412.99.4100; 4412.99.5100; 4412.99.5105; 4412.99.5115; 4412.99.5710; 4412.99.6000; 4412.99.7000; 4412.99.8000; 4412.99.9000; 4412.99.9500; 4418.71.2000; 4418.71.9000; 4418.72.2000; 4418.72.9500; and 9801.00.2500.
While HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise is dispositive.
The Department has conducted this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Export prices and constructed export prices have been calculated in accordance with section 772 of the Act. Because the PRC is a non-market economy (NME) within the meaning of section 771(18) of the Act, normal value (NV) has been calculated in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our conclusions, please see Issues and Decision Memorandum, hereby adopted by 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. The Issues and Decision Memorandum is also available in the Central Records Unit, Start Printed Page 25767Room 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/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content.
Final Determination of No Shipments
In the Preliminary Results, we found that nine companies had no shipments during the POR.
Power Dekor submitted comments stating the Department made an inadvertent error in the Preliminary Results by not recognizing Power Dekor's timely filed no-shipment letter.
We have reviewed Power Dekor's comments and no-shipment letter and have found that Power Dekor had no shipments during this POR.
Therefore, for these Final Results, we find that a total of ten companies had no shipments during the POR.
Consistent with our “automatic assessment” clarification, we will issue appropriate instructions with respect to these companies to CBP based on our Final Results.
In addition, as discussed below, these companies will maintain their rate from the most recent segment in which they participated.
Changes Since the Preliminary Results
- We granted Power Dekor no shipment status during the POR.
- We assigned a separate rate to the Fusong Jinlong Group, which includes all four members of the group: Fusong Jinlong Wooden Group Co., Ltd., Fusong Qianqiu Wooden Product Co., Ltd., Dalian Qianqiu Wooden Product Co., Ltd., and Fusong Jinqiu Wooden Product Co., Ltd.
- We revised the calculation of the surrogate value for water in Penghong's margin program by converting MT to KG before applying the water surrogate value to the reported water consumption.
- We added the value of free of charge inputs to Penghong's calculation of export price as applicable.
- We corrected the surrogate values for red oak, jatoba, plastic strip, and overlaying glue that are applicable for Senmao; that were inadvertently assigned incorrect surrogate values in the Preliminary Results.
- We revised the surrogate value for plywood for Senmao to reflect Romanian Harmonized Tariff Schedule (HTS) 441232 rather than using a simple average of Romanian HTS 44123210 and 44123190.
Final Results of the Administrative Review
The Department determines that twenty companies subject to this review did not establish eligibility for a separate rate. As such, we determine they are part of the PRC-wide entity.
Because no party requested a review of the PRC-wide entity and the Department no longer considers the PRC-wide entity as an exporter conditionally subject to administrative reviews,
we did not conduct a review of the PRC-wide entity. Thus, the rate for the PRC-wide entity is not subject to change as a result of this review. For companies subject to this review that have established their entitlement to a separate rate the Department calculated a separate rate based on the expected method according to 735(c)(5)(A) of the Act. For further discussion see accompanying Issues and Decisions Memorandum at comment 3.
For companies subject to this review that have established their eligibility for a separate rate, the Department determines that the following dumping margins exist for the POR from December 1, 2014, through November 30, 2015:
|Exporter 20||Weighted- average
|Dalian Penghong Floor Products Co., Ltd./Dalian Shumaike Floor Manufacturing Co., Ltd||0.00|
|Jiangsu Senmao Bamboo and Wood Industry Co., Ltd||* 0.23|
|A&W (Shanghai) Woods Co., Ltd||0.00|
|Anhui Boya Bamboo & Wood Products Co., Ltd||0.00|
|Anhui Longhua Bamboo Product Co., Ltd||0.00|
|Baishan Huafeng Wooden Product Co., Ltd||0.00|
|Benxi Wood Company||0.00|
|Changzhou Hawd Flooring Co., Ltd||0.00|
|Chinafloors Timber (China) Co., Ltd||0.00|
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|Dalian Dajen Wood Co., Ltd||0.00|
|Dalian Huade Wood Product Co., Ltd||0.00|
|Dalian Huilong Wooden Products Co., Ltd||0.00|
|Dalian Jiahong Wood Industry Co., Ltd||0.00|
|Dalian Jiuyuan Wood Industry Co., Ltd||0.00|
|Dalian Kemian Wood Industry Co., Ltd||0.00|
|Dalian T-Boom Wood Products Co., Ltd||0.00|
|Dongtai Fuan Universal Dynamics, LLC||0.00|
|Dunhua City Hongyuan Wood Industry Co., Ltd||0.00|
|Dun Hua City Jisen Wood Industry Co., Ltd||0.00|
|Dunhua City Wanrong Wood Industry Co., Ltd||0.00|
|Dunhua City Dexin Wood Industry Co., Ltd||0.00|
|Dun Hua Sen Tai Wood Co., Ltd||0.00|
|Fine Furniture (Shanghai) Limited and Double F Limited 21||0.00|
|Fusong Jinlong Wooden Group Co., Ltd 22||0.00|
|GTP International Ltd||0.00|
|Guangdong Yihua Timber Industry Co., Ltd||0.00|
|Guangzhou Panyu Kangda Board Co., Ltd||0.00|
|Guangzhou Panyu Southern Star Co., Ltd||0.00|
|HaiLin LinJing Wooden Products Co., Ltd||0.00|
|Hangzhou Hanje Tec Co., Ltd||0.00|
|Hunchun Forest Wolf Wooden Industry Co., Ltd||0.00|
|Hunchun Xingjia Wooden Flooring Inc||0.00|
|Huzhou Chenghang Wood Co., Ltd||0.00|
|Huzhou Fulinmen Imp. & Exp. Co., Ltd||0.00|
|Huzhou Jesonwood Co., Ltd||0.00|
|Huzhou Sunergy World Trade Co., Ltd||0.00|
|Jiangsu Guyu International Trading Co., Ltd||0.00|
|Jiangsu Kentier Wood Co., Ltd||0.00|
|Jiangsu Mingle Flooring Co., Ltd||0.00|
|Jiangsu Simba Flooring Co., Ltd||0.00|
|Jiashan HuiJiaLe Decoration Material Co., Ltd||0.00|
|Jiashan On-Line Lumber Co., Ltd||0.00|
|Jiaxing Hengtong Wood Co., Ltd||0.00|
|Jilin Forest Industry Jinqiao Flooring Group Co., Ltd||0.00|
|Jilin Xinyuan Wooden Industry Co., Ltd||0.00|
|Karly Wood Product Limited||0.00|
|Kember Hardwood Flooring Inc||0.00|
|Kemian Wood Industry (Kunshan) Co., Ltd||0.00|
|Kingman Floors Co., Ltd||0.00|
|Linyi Anying Wood Co., Ltd||0.00|
|Linyi Bonn Flooring Manufacturing Co., Ltd||0.00|
|Linyi Youyou Wood Co., Ltd 23||0.00|
|Metropolitan Hardwood Floors, Inc||0.00|
|MuDanJiang Bosen Wood Industry Co., Ltd||0.00|
|Nakahiro Jyou Sei Furniture (Dalian) Co., Ltd||0.00|
|Pinge Timber Manufacturing (Zhejiang) Co., Ltd||0.00|
|Puli Trading Limited||0.00|
|Scholar Home (Shanghai) New Material Co., Ltd||0.00|
|Shanghai Lairunde Wood Co., Ltd||0.00|
|Shenyang Haobainian Wooden Co., Ltd||0.00|
|Shenzhenshi Huanwei Woods Co., Ltd||0.00|
|Sino-Maple (JiangSu) Co., Ltd||0.00|
|Suzhou Dongda Wood Co., Ltd||0.00|
|Tongxiang Jisheng Import and Export Co., Ltd||0.00|
|Xiamen Yung De Ornament Co., Ltd||0.00|
|Xuzhou Shenghe Wood Co., Ltd||0.00|
|Yingyi-Nature (Kunshan) Wood Industry Co., Ltd||0.00|
|Zhejiang Biyork Wood Co., Ltd||0.00|
|Zhejiang Dadongwu Green Home Wood Co., Ltd||0.00|
|Zhejiang Fudeli Timber Industry Co., Ltd||0.00|
|Zhejiang Fuerjia Wooden Co., Ltd||0.00|
|Zhejiang Fuma Warm Technology Co., Ltd||0.00|
|Zhejiang Jiechen Wood Industry Co., Ltd||0.00|
|Zhejiang Longsen Lumbering Co., Ltd||0.00|
|Zhejiang Shiyou Timber Co., Ltd||0.00|
|* De minimis.|
Final Partial Rescission of Antidumping Duty Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an Start Printed Page 25769administrative review, in whole or in part, if a party that requested the review withdraws its request within 90 days of the date of publication of the notice of initiation of the requested review. Jiangsu Keri Wood Co., Ltd. withdrew its respective request for an administrative review within 90 days of the date of publication of the Initiation Notice.
Accordingly, the Department rescinded this review with respect to Jiangsu Keri Wood Co., Ltd., in accordance with 19 CFR 351.213(d)(1).
The Department reviewed Jiangsu Keri Wood Co., Ltd. as part of its concurrent new shipper review and intends to issue appropriate instructions to CBP based on the results therein.
With respect to Dongtai Zhangshi Wood Industry Co., Ltd. and Huzhou Muyun Wood Co., Ltd., the Department has found each of these company's one sale during the POR to be a non-bona fide sale in a concurrent new shipper review (“NSR”).
Because the sale subject to this administrative review is the same sale found to be a non-bona fide sale in the new shipper review, and there are no other reviewable sales by either company during the POR, we are rescinding this review with respect to Dongtai Zhangshi Wood Industry Co., Ltd. and Huzhou Muyun Wood Co., Ltd.
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 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. In these Final Results, the Department applied the assessment rate calculation method adopted in the Final Modification for Reviews.
Where either the respondent's weighted-average dumping margin is zero or de minimis, or an importer- (or customer-) specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
We intend to instruct CBP to liquidate entries containing subject merchandise exported by the PRC-wide entity at the current rate for the PRC-wide entity (which, as noted above, is not subject to change in this review).
In accordance with section 751(a)(2)(C) of the Act, the Final Results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the Final Results of this review and for future deposits of estimated duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon publication of these Final Results of review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For the companies listed above the cash deposit rate will be their respective rate established in the Final Results of this review, except if the rate is zero or de minimis (i.e., less than 0.5 percent), then the cash deposit rate will be zero; (2) for previously investigated PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-wide entity; and (4) 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.
The Department intends to disclose calculations performed for these Final Results to the parties within five days of the date of publication of this notice.
Notification to Importers
This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double 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.
Notification to Interested Parties
We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: May 26, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix—List of Topics Discussed in the Issues and Decision Memorandum
3. Scope of the Order
4. List of Abbreviations and Acronyms
5. Discussion of the Issues
i. Comment 1: Surrogate country
ii. Comment 2: SC Sigstrat is at a higher level of integration than Senmao and should be rejected
iii. Comment 3: The Department must apply the “expected method” to assign Start Printed Page 25770the separate rate in this review if both mandatory respondents earn de minimis rates
iv. Comment 4: Consideration of Power Dekor's no shipment certification
v. Comment 5: Inclusion of Fine Furniture's affiliate's name in customs instructions and Federal Register Notice
vi. Comment 6: Treatment of Fusong Jinlong group as a single entity
vii. Comment 7: Overstatement of water SV
viii. Comment 8: Overstatement of NV or understatement of export price
ix. Comment 9: The Department must correct the Jatoba and Red Oak surrogate values
x. Comment 10: The Department should correct its valuation of Senmao's wood veneers
xi. Comment 11: Glue surrogate value
xii. Comment 12: Senmao's by product offset for wood scrap
xiii. Comment 13: The Department should correct the surrogate value references for plastic strip and overlaying glue in Senmao's margin calculations
xiv. Comment 14: Senmao's plywood surrogate value
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[FR Doc. 2017-11561 Filed 6-2-17; 8:45 am]
BILLING CODE 3510-DS-P