Notice2021-23373
Multilayered Wood Flooring From the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2018
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Published
October 27, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) continues to determine that Riverside Plywood Corporation (Riverside) and its cross-owned affiliates Baroque Timber Industries (Baroque Timber) and Suzhou Times Flooring Co., Ltd., and Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. (Jiangsu Senmao), producers and/or exporters of multilayered wood flooring (wood flooring) from the People's Republic of China (China), received countervailable subsidies during the period of review (POR) January 1, 2018, through December 31, 2018.
Full Text
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<title>Federal Register, Volume 86 Issue 205 (Wednesday, October 27, 2021)</title>
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[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59362-59364]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23373]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-971]
Multilayered Wood Flooring From the People's Republic of China:
Final Results and Partial Rescission of Countervailing Duty
Administrative Review; 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) continues to determine
that Riverside Plywood Corporation (Riverside) and its cross-owned
affiliates Baroque Timber Industries (Baroque Timber) and Suzhou Times
Flooring Co., Ltd., and Jiangsu Senmao Bamboo and Wood Industry Co.,
Ltd. (Jiangsu Senmao), producers and/or exporters of multilayered wood
flooring (wood flooring) from the People's Republic of China (China),
received countervailable subsidies during the period of review (POR)
January 1, 2018, through December 31, 2018.
DATES: Applicable October 27, 2021.
FOR FURTHER INFORMATION CONTACT: Dennis McClure, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5973.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review in the Federal Register on April 23, 2021,\1\ and invited
interested parties to comment.
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\1\ See Multilayered Wood Flooring from the People's Republic of
China: Preliminary Results of Countervailing Duty Administrative
Review, and Intent to Rescind Review, in Part; 2018, 86 FR 21693
(April 23, 2021) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
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On June 1, 2021, we received case briefs from the following
interested parties: Riverside, Jiangsu Senmao, Fine Furniture
(Shanghai) Limited and Double F Limited (collectively, Fine Furniture),
Lumber Liquidators Services, LLC (including various Chinese exporters
and producers), the Government of the People's Republic of China (GOC),
and the American Manufacturers of Multilayered Wood Flooring. On June
15, 2021, we received rebuttal briefs from Riverside, Jiangsu Senmao,
and the American Manufacturers of Multilayered Wood Flooring. For a
complete description of the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\2\
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\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2018 Countervailing Duty Administrative Review
of Multilayered Wood Flooring from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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On July 29, 2021, we extended the deadline for these final results
to October 20, 2021.\3\
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\3\ See Memorandum, ``Administrative Review of the
Countervailing Duty Order on Multilayered Wood Flooring from the
People's Republic of China: Extension of Deadline for Final
Results,'' dated July 29, 2021.
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Scope of the Order
The product covered by the Order \4\ is multilayered wood flooring
from China. For a complete description of the scope of the Order, see
the Issues and Decision Memorandum.
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\4\ See Multilayered Wood Flooring from the People's Republic of
China: Countervailing Duty Order, 76 FR 76693 (December 8, 2011)
(Order); see also Multilayered Wood Flooring from the People's
Republic of China: Amended Antidumping and Countervailing Duty
Orders, 77 FR 5484 (February 3, 2012) (Amended Order); and
Multilayered Wood Flooring from the People's Republic of China:
Final Clarification of the Scope of the Antidumping and
Countervailing Duty Orders, 82 FR 27799 (June 19, 2017).
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Analysis of Comments Received
All issues raised in the parties' briefs are addressed in the
Issues and Decision Memorandum. A list of the issues addressed is
attached to this notice at Appendix I. 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our analysis of the case and rebuttal briefs and the
evidence on the record, we made certain changes from the Preliminary
Results. These changes are explained in the Issues and Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we find that there is a
subsidy, i.e., a government-provided financial contribution that gives
rise to a benefit
[[Page 59363]]
to the recipient, and that the subsidy is specific.\5\ The Issues and
Decision Memorandum contains a full description of the methodology
underlying Commerce's conclusions, including any determination that
relied upon the use of adverse facts available pursuant to sections
776(a) and (b) of the Act.
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\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Partial Rescission of Administrative Review
As noted in the Preliminary Results, Commerce timely received no-
shipment certifications from Innomaster Home (Zhongshan) Co., Ltd.;
Jiangsu Yuhui International Trade Co., Ltd.; Jiashan On-Line Lumber
Co., Ltd.; and Shandong Longteng Wood Co., Ltd. We inquired with U.S.
Customs and Border Protection (CBP) whether these companies had shipped
merchandise to the United States during the POR, and CBP provided no
evidence to contradict the claims of no shipments made by these
companies. Accordingly, in the Preliminary Results, Commerce stated its
intention to rescind the review with respect to these companies in the
final results. As the facts in this regard are unchanged since the
Preliminary Results, we are rescinding the administrative review of
these companies, pursuant to 19 CFR 351.213(d)(3).
Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(5), we calculated a final
countervailable subsidy rate for each of the mandatory respondents,
Riverside and Jiangsu Senmao. For the companies subject to this review
that were not selected for individual examination, we followed Commerce
practice, which is to base the subsidy rates on an average of the
subsidy rates calculated for those companies selected for individual
examination, excluding de minimis rates or rates based entirely on
adverse facts available. In this case, for the non-selected companies,
we calculated a rate by weight-averaging the calculated subsidy rates
of Riverside and Jiangsu Senmao using their publicly-ranged sales data
for exports of subject merchandise to the United States during the POR.
We find the countervailable subsidy rates for the producers/exporters
under review to be as follows:
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Subsidy
Producer/exporter rate
(percent)
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Riverside Plywood Corporation and its Cross-Owned Affiliates 9.18
\6\.........................................................
Jiangsu Senmao Bamboo and Wood Industry Co., Ltd............. 5.81
Non-Selected Companies Under Review \7\...................... 8.17
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Assessment Rates
Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and CBP
shall assess, countervailing duties on all appropriate entries of
subject merchandise in accordance with the final results of this
review, for the above-listed companies at the applicable ad valorem
assessment rates listed. We intend to issue assessment instructions to
CBP 35 days after the date of publication of these final results of
review. If a timely summons is filed at the U.S. Court of International
Trade, the assessment instructions will direct CBP not to liquidate
relevant entries until the time for parties to file a request for a
statutory injunction has expired (i.e., within 90 days of publication).
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\6\ Cross-owned affiliates are Baroque Timber Industries and
Suzhou Times Flooring Co., Ltd.
\7\ See Appendix II.
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For the companies for which this review is rescinded, Commerce will
instruct CBP to assess countervailing duties on all appropriate entries
at a rate equal to the cash deposit of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption, during the POR in accordance with 19 CFR 351.212(c)(l)(i).
Cash Deposit Instructions
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for each of the respective
companies listed above on shipments of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this administrative review. For all
non-reviewed firms subject to the Order, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific or all-others rate applicable to the
company, as appropriate. These cash deposit requirements, effective
upon publication of these final results, shall remain in effect until
further notice.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable
violation.
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 20, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Final Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of the Review, In Part
V. Period of Review
VI. Subsidies Valuation Information
VII. Changes Since the Preliminary Results
VIII. Use of Facts Otherwise Available
IX. Analysis of Programs
X. Discussion of Comments
Comment 1: Whether To Apply Adverse Facts Available to the
Export Buyer's Credit Program
Comment 2: Whether There Is a Basis to Apply Adverse Facts
Available Regarding the Countervailability of the Provision of
Electricity for Less Than Adequate Remuneration
Comment 3: Whether the Electricity Rate Benchmark Selected for
Adverse Facts Available Is Flawed
Comment 4: Whether There Is a Basis to Apply Adverse Facts
Available to Specificity Regarding the Countervailability of the
Provision of Inputs for Less Than Adequate Remuneration
Comment 5: Whether Individually-Owned Suppliers Are Government
Authorities
Comment 6: Whether Commerce Should Include International
Tropical Timber Organization Data in the Plywood Benchmark Price for
the Provision of Plywood for Less Than Adequate Remuneration
Comment 7: Whether Commerce Should Revise its Benchmark Prices
to Properly Value Multiple Sources of Data
Comment 8: Whether Commerce Should Apply Partial Adverse Facts
Available to Riverside and Baroque Timber for Failing to Fully
Report Purchases of Backboard Veneers
Comment 9: Whether Backboards Are Properly Defined as Veneers
[[Page 59364]]
Comment 10: Whether to Use Riverside's and Baroque Timber's
Density Estimates Based on Actual Purchases or Density Figures from
the 2017 Administrative Review in the Provision of Fiberboard and
Veneers for Less Than Adequate Remuneration Calculations
Comment 11: Whether Commerce Incorrectly Calculated Baroque
Timber's Unit Price for Fiberboard and Veneers
Comment 12: Whether to Include a Specific Harmonized Tariff
Schedule Subheading in the Veneer Benchmark Calculation
Comment 13: Whether Commerce Should Adjust the Value-Added Tax
Used to Calculate Benchmark Prices for the Provision of Inputs for
Less Than Adequate Remuneration Calculations
Comment 14: Whether Commerce Should Revise Inland Freight Costs
Used To Calculate Benchmark Prices for the Provision of Inputs for
Less Than Adequate Remuneration Calculations
A. Domestic Transportation and Border Fees
B. Jiangsu Senmao's Inland Freight Distance
C. Jiangsu Senmao's Domestic Transportation Rate
Comment 15: Whether Commerce Should Include Negative Less Than
Adequate Remuneration Calculations in Benefits
Comment 16: Whether Commerce's Decision to Countervail ``Other
Subsidies'' Is Contrary to Law
Comment 17: Whether Commerce Should Assign Kember Flooring a
Countervailable Duty Subsidy Rate
Comment 18: Whether Commerce Should Revise the U.S. Customs and
Border Protection Instructions
XI. Recommendation
Appendix II
Non-Selected Companies Under Review
1. Anhui Boya Bamboo & Wood Products Co., Ltd.
2. Anhui Longhua Bamboo Product Co., Ltd.
3. Anhui Yaolong Bamboo & Wood Products Co., Ltd.
4. Armstrong Wood Products (Kunshan) Co., Ltd.
5. Benxi Flooring Factory (General Partnership)
6. Benxi Wood Company
7. Changzhou Hawd Flooring Co., Ltd.
8. Dalian Huilong Wooden Products Co., Ltd.
9. Dalian Jaenmaken Wood Industry Co., Ltd.
10. Dalian Jiahong Wood Industry Co., Ltd.
11. Dalian Kemian Wood Industry Co., Ltd.
12. Dalian Penghong Floor Products Co., Ltd.
13. Dalian Qianqiu Wooden Product Co., Ltd.
14. Dalian Shengyu Science and Technology Development Co.
15. Dalian Shumaike Floor Manufacturing Co., Ltd.
16. Dalian T-Boom Wood Products Co., Ltd.
17. Dongtai Fuan Universal Dynamics, LLC
18. Dun Hua Sen Tai Wood Co., Ltd.
19. Dunhua City Dexin Wood Industry Co., Ltd.
20. Dunhua City Hongyuan Wood Industry Co., Ltd.
21. Dunhua City Jisen Wood Industry Co., Ltd.
22. Dunhua Shengda Wood Industry Co., Ltd.
23. Fine Furniture (Shanghai) Limited
24. Fusong Jinlong Wooden Group Co., Ltd.
25. Fusong Jinqiu Wooden Product Co., Ltd.
26. Fusong Qianqiu Wooden Product Co., Ltd.
27. Guangzhou Homebon Timber Manufacturing Co., Ltd.
28. HaiLin LinJing Wooden Products Co., Ltd.
29. Hangzhou Hanje Tec Company Limited
30. Hangzhou Zhengtian Industrial Co., Ltd.
31. Hunchun Forest Wolf Wooden Industry Co., Ltd.
32. Hunchun Xingjia Wooden Flooring Inc.
33. Huzhou Chenghang Wood Co., Ltd.
34. Huzhou Fulinmen Imp. & Exp. Co., Ltd.
35. Huzhou Jesonwood Co., Ltd.
36. Huzhou Sunergy World Trade Co., Ltd.
37. Jiangsu Guyu International Trading Co., Ltd.
38. Jiangsu Keri Wood Co., Ltd.
39. Jiangsu Mingle Flooring Co., Ltd.
40. Jiangsu Simba Flooring Co., Ltd.
41. Jiashan HuiJiaLe Decoration Material Co., Ltd.
42. Jiaxing Hengtong Wood Co., Ltd.
43. Jilin Xinyuan Wooden Industry Co., Ltd.
44. Karly Wood Product Limited
45. Kember Flooring, Inc. (aka Kember Hardwood Flooring, Inc.)
46. Kemian Wood Industry (Kunshan) Co., Ltd.
47. Kingman Floors Co., Ltd.
48. Linyi Anying Wood Co., Ltd.
49. Linyi Youyou Wood Co., Ltd. (successor-in-interest to Shanghai
Lizhong Wood Products Co., Ltd.) (aka, The Lizhong Wood Industry
Limited Company of Shanghai)
50. Pinge Timber Manufacturing (Zhejiang) Co., Ltd.
51. Power Dekor Group Co. Ltd.
52. Scholar Home (Shanghai) New Material Co. Ltd.
53. Shanghaifloor Timber (Shanghai) Co., Ltd.
54. Sino-Maple (Jiangsu) Co., Ltd.
55. Suzhou Dongda Wood Co., Ltd.
56. Tongxiang Jisheng Import and Export Co., Ltd.
57. Xiamen Yung De Ornament Co., Ltd.
58. Xuzhou Shenghe Wood Co., Ltd.
59. Yekalon Industry, Inc.
60. Yihua Lifestyle Technology Co., Ltd.
61. Yingyi-Nature (Kunshan) Wood Industry Co., Ltd.
62. Zhejiang Dadongwu Greenhome Wood Co., Ltd.
63. Zhejiang Fuerjia Wooden Co., Ltd.
64. Zhejiang Jiechen Wood Industry Co., Ltd.
65. Zhejiang Longsen Lumbering Co., Ltd.
66. Zhejiang Shiyou Timber Co., Ltd.
67. Zhejiang Shuimojiangnan New Material Technology Co., Ltd.
68. Zhejiang Simite Wooden Co., Ltd.
[FR Doc. 2021-23373 Filed 10-26-21; 8:45 am]
BILLING CODE 3510-DS-P
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