Notice2021-23561
Multilayered Wood Flooring From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, Final Successor-in-Interest Determination, and Final Determination of No Shipments; 2018-2019
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 29, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. (Senmao) has not made sales of multilayered wood flooring (wood flooring) from the People's Republic of China (China) at prices below normal value during the period of review (POR) December 1, 2018, through November 30, 2019. In addition, Commerce determines that certain companies had no shipments during the POR and that Arte Mundi (Shanghai) Aesthetic Home Furnishings Co., Ltd. (Arte Mundi) is the successor-in-interest to Scholar Home (Shanghai) New Material Co., Ltd. (Scholar Home).
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<title>Federal Register, Volume 86 Issue 207 (Friday, October 29, 2021)</title>
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[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Notices]
[Pages 59987-59990]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23561]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-970]
Multilayered Wood Flooring From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review, Final
Successor-in-Interest Determination, and Final Determination of No
Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Jiangsu
Senmao Bamboo and Wood Industry Co., Ltd. (Senmao) has not made sales
of multilayered wood flooring (wood flooring) from the People's
Republic of China (China) at prices below normal value during the
period of review (POR) December 1, 2018, through November 30, 2019. In
addition, Commerce determines that certain companies had no shipments
during the POR and that Arte Mundi (Shanghai) Aesthetic Home
Furnishings Co., Ltd. (Arte Mundi) is the successor-in-interest to
Scholar Home (Shanghai) New Material Co., Ltd. (Scholar Home).
DATES: Applicable October 29, 2021.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Alexis Cherry, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: 202-482-6478 and 202-482-
0607, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of the administrative
review on April 26, 2021.\1\ For the events that occurred since
Commerce published the Preliminary Results, see the Issues and Decision
Memorandum.\2\ Commerce conducted this review in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act). On July
26, 2021, we extended the deadline for these final results to October
22, 2021.\3\
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\1\ See Multilayered Wood Flooring from the People's Republic of
China: Preliminary Results of the Antidumping Duty Administrative
Review, Preliminary Determination of No Shipments, Preliminary
Successor in-Interest Determination, and Rescission of Review, in
Part; 2018-2019, 86 FR 22016 (April 26, 2021) (Preliminary Results),
and accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum:
Antidumping Duty Administrative Review of Multilayered Wood Flooring
from the People's Republic of China; 2018-2019,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
\3\ See Memorandum, ``Multilayered Wood Flooring from the
People's Republic of China: Extension of Deadline for Final Results
of Antidumping Duty Administrative Review,'' dated July 26, 2021.
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Scope of the Order <SUP>4</SUP>
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\4\ See Multilayered Wood Flooring from the People's Republic of
China: Notice of Amended Final Affirmative Determination of Sales at
Less than Fair Value and Antidumping Duty Order, 76 FR 76690
(December 8, 2011), as amended in Multilayered Wood Flooring from
the People's Republic of China: Amended Antidumping and
Countervailing Duty Orders, 77 FR 5484 (February 3, 2012)
(collectively, Order); see also 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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The product covered by the Order is wood flooring from China. A
full description of the scope of the Order is contained in the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in the parties' briefs are addressed in the
Issues and Decision Memorandum. A list of these issues is attached to
this notice.\5\ 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
[[Page 59988]]
version of the Issues and Decision Memorandum can be accessed directly
at <a href="http://access.trade.gov/public/FRNoticesListLayout.aspx">http://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Appendix I.
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Changes From the Preliminary Results
Based on information received since the Preliminary Results, we
determine that one additional company, Kemian Wood Industry (Kunshan)
Co., Ltd., is eligible for a separate rate.\6\
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\6\ See Issues and Decision Memorandum at the ``Changes to the
Preliminary Results'' section.
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Final Determination of No Shipments
In the Preliminary Results, Commerce determined that certain
companies did not have shipments of subject merchandise during the POR.
As we received no information to contradict our preliminary
determination with respect to those companies, we continue to find that
they made no shipments of subject merchandise to the United States
during the POR. Accordingly, we will issue appropriate instructions
that are consistent with our ``automatic assessment'' clarification for
all of the companies listed in Appendix II.\7\
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Notice); see also ``Assessment Rates'' section, below.
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Final Results of Successor-in-Interest Analysis
In the Preliminary Results, Commerce determined that Arte Mundi is
the successor-in-interest to Scholar Home.\8\ No party commented on
this issue and we have not received any information to contradict our
preliminary finding. Therefore, we continue to find that Arte Mundi is
the successor-in-interest to Scholar Home.
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\8\ See Preliminary Results PDM at 9-10.
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Separate Rates
We determine that Senmao and 35 additional companies that were not
selected for individual review demonstrated their eligibility for
separate rates.\9\ We continue to find that Dalian Qianqiu Wooden
Product Co., Ltd., Fusong Jinlong Wooden Group Co., Ltd., Fusong Jinqiu
Wooden Product Co., Ltd., and Fusong Qianqiu Wooden Products Co., Ltd.
(collectively, Jinlong) is not eligible for a separate rate.\10\
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\9\ See Appendix IV.
\10\ See Issues and Decision Memorandum at Comment 1.
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Rate for Non-Examined Separate Rate Respondents
The statute and our regulations do not address the establishment of
a rate to be assigned to respondents not selected for individual
examination when we limit our examination of companies subject to the
administrative review pursuant to section 777A(c)(2)(B) of the Act.
Generally, we look to section 735(c)(5) of the Act, which provides
instructions for calculating the all-others rate in an investigation,
for guidance when calculating the rate for respondents not individually
examined in an administrative review. Under section 735(c)(5)(A) of the
Act, the all-others rate is normally ``an amount equal to the weighted
average of the estimated weighted average dumping margins established
for exporters and producers individually investigated, excluding any
zero and de minimis margins, and any margins determined entirely {on
the basis of facts available{time} .'' Accordingly, Commerce's usual
practice in determining the rate for separate-rate respondents not
selected for individual examination, has been to average the weighted-
average dumping margins of the selected companies, excluding rates that
are zero, de minimis, or based entirely on facts available.\11\
However, when the weighted-average dumping margins established for all
individually investigated respondents are zero, de minimis, or based
entirely on facts available, section 735(c)(5)(B) of the Act permits
Commerce to ``use any reasonable method to establish the estimated all-
others rate for exporters and producers not individually investigated,
including averaging the estimated weighted-average dumping margins
determined for the exporters and producers individually investigated.''
\12\
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\11\ See Longkou Haimeng Mach. Co. v. United States, 581 F.
Supp. 2d 1344, 1357-60 (CIT 2008) (affirming Commerce's
determination to assign a 4.22 percent dumping margin to the
separate-rate respondents in a segment where the three mandatory
respondents received dumping margins of 4.22 percent, 0.03 percent,
and zero percent, respectively); see also Certain Kitchen Appliance
Shelving and Racks from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 74 FR 36656, 36660
(July 24, 2009).
\12\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016).
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For the final results of this review, we continue to determine the
estimated dumping margin for Senmao to be zero. Thus, consistent with
the Preliminary Results, we are assigning this rate to the non-examined
respondents which qualify for a separate rate in this review through
use of the expected method as a ``reasonable method'' for assigning a
rate to the non-examined respondents.\13\
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\13\ See Preliminary Results PDM at 15-16; see also Issues and
Decision Memorandum at Comment 1; and section 735(c)(5)(B) of the
Act.
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The China-Wide Entity
Aside from the companies for which we made a final no-shipment
determination, Commerce considers all other companies for which a
review was requested, and which did not demonstrate separate rate
eligibility, to be part of the China-wide entity.\14\
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\14\ See Appendix III.
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Final Results of Administrative Review
For the companies subject to this administrative review which
established their eligibility for a separate rate, Commerce determines
that the following weighted-average dumping margins exist for the
period December 1, 2018, through November 30, 2019:
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\15\ See Appendix IV.
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Weighted-
average
Producer/exporter dumping margin
(percent)
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Jiangsu Senmao Bamboo and Wood Industry Co., Ltd........ 0.00
Non-Selected Companies Under Review Receiving a Separate 0.00
Rate \15\..............................................
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Disclosure
Normally, Commerce discloses to the parties in a proceeding the
calculations performed in connection with a final results of review in
accordance with 19 CFR 351.224(b). However, because Commerce made no
adjustments to the margin calculation methodology used in the
Preliminary Results, there are no calculations to disclose for the
final results of review.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with these final results of review. We intend
to issue assessment instructions to CBP no earlier than 35 days after
the date of publication of these final results. 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).
For Senmao, and the respondents which were not selected for
individual examination in this administrative review and which
qualified for a separate rate, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. For entries
that were not reported in the U.S. sales databases submitted by
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Senmao, and for the companies that did not qualify for a separate rate
in the administrative review, Commerce will instruct CBP to liquidate
such entries at the China-wide rate (i.e., 85.13 percent).\16\
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\16\ See Multilayered Wood Flooring from the People's Republic
of China: Final Results of Antidumping Duty Administrative Review
and Final Determination of No Shipments; 2016-2017, 84 FR 38002,
38003 (August 5, 2019).
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Consistent with Commerce's assessment practice in non-market
economy cases, for the companies which Commerce determined had no
shipments of the subject merchandise, any suspended entries made under
those exporters' case numbers (i.e., at the exporters' rates) will be
liquidated at the China-wide rate.\17\
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\17\ For a full discussion of this practice, see Assessment
Notice.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results for shipments of the subject
merchandise from China entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided by sections
751(a)(2)(C) of the Act: (1) For companies which were found eligible
for a separate rate in this review, the cash deposit rate will be zero;
(2) for previously investigated or reviewed Chinese and non-Chinese
exporters that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all Chinese exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the China-wide entity; and (4)
for all non-Chinese exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the Chinese exporter that supplied that non-Chinese
exporter. These cash deposit requirements, when imposed, shall remain
in effect until further notice.
Reimbursement of Duties
This notice also serves as a 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 the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, 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 sanctionable violation.
This determination is issued and published in accordance with
sections 751(a) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: October 22, 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
General Issues
Comment 1: The Separate Rate
Senmao Issues
Comment 2: Deduction of Irrecoverable Value-Added Tax (VAT)
Non-Selected Company Issues
Comment 3: Inclusion of Fine Furniture in the Current and Future
Administrative Reviews
Comment 4: Kember's Untimely-Filed Supplemental Questionnaire
Response
VI. Recommendation
Appendix II
No Shipments
Anhui Longhua Bamboo Product Co., Ltd.
Baroque Timber Industries (Zhongshan) Co., Ltd.
Benxi Flooring Factory (General Partnership)
Dalian Jaenmaken Wood Industry Co., Ltd.
Dalian Shengyu Science And Technology Development Co., Ltd.
Dalian T-Boom Wood Products Co., Ltd.
Dunhua City Dexin Wood Industry Co., Ltd.
Dunhua City Jisen Wood Industry Co., Ltd.
Fine Furniture (Fine Furniture (Shanghai) Limited and Double F
Limited)
Innomaster Home (Zhongshan) Co., Ltd.
Jiangsu Yuhui International Trade Co., Ltd.
Linyi Anying Wood Co., Ltd.
Power Dekor Group Co., Ltd.
Shandong Longteng Wood Co., Ltd.
Yekalon Industry Inc.
Yingyi-Nature (Kunshan) Wood Industry Co., Ltd.
Zhejiang Biyork Wood Co., Ltd.
Zhejiang Shiyou Timber Co., Ltd.
Zhejiang Shuimojiangnan New Material Technology Co., Ltd.
Zhejiang Simite Wooden Co., Ltd.
Appendix III
China-Wide Entity
Anhui Boya Bamboo & Wood Products Co., Ltd.
Anhui Yaolong Bamboo & Wood Products Co. Ltd.
Armstrong Wood Products (Kunshan) Co., Ltd.\18\
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\18\ These results apply only to entries where Armstrong Wood
Products (Kunshan) Co., Ltd. was the exporter but not the producer
of subject merchandise.
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Armstrong World Industries Inc.
Changzhou Hawd Flooring Co., Ltd.
Chinafloors Timber (China) Co., Ltd.
Dalian Dajen Wood Co., Ltd.
Dalian Guhua Wooden Product Co., Ltd.
Dalian Huade Wood Product Co., Ltd.
Dalian Huilong Wooden Products Co., Ltd.
Dalian Qianqiu Wooden Product Co., Ltd., Fusong Jinlong Wooden Group
Co., Ltd., Fusong Jinqiu Wooden Product Co., Ltd., and Fusong
Qianqiu Wooden Product Co., Ltd. (collectively, Jinlong)
Guangzhou Homebon Timber Manufacturing Co., Ltd.
Guangzhou Panyu Kangda Board Co., Ltd.
Guangzhou Panyu Southern Star Co., Ltd.
Hangzhou Hanje Tec Company Limited
Hangzhou Zhengtian Industrial Co., Ltd.
Hunchun Forest Wolf Wooden Industry Co., Ltd.
Jiafeng Wood (Suzhou) Co., Ltd.
Jilin Xinyuan Wooden Industry Co., Ltd.
Karly Wood Product Limited.
Kember Flooring, Inc. (a.k.a. Kember Hardwood Flooring, Inc.)
Linyi Bonn Flooring Manufacturing Co., Ltd.
Mudanjiang Bosen Wood Industry Co., Ltd.
Nakahiro Jyou Sei Furniture (Dalian) Co., Ltd.
Omni Arbor Solution Co., Ltd.
Power Dekor North America Inc.
Shanghai Lairunde Wood Co., Ltd.
Shanghaifloor Timber (Shanghai) Co., Ltd.
Shenyang Haobainian Wooden Co., Ltd.
Shenzhenshi Huanwei Woods Co., Ltd.
Xiamen Yung De Ornament Co., Ltd.
Xuzhou Antop International Trade Co., Ltd.
Xuzhou Shenghe Wood Co., Ltd.
Zhejiang Fudeli Timber Industry Co., Ltd
Zhejiang Jiechen Wood Industry Co., Ltd.
Appendix IV
Non-Selected Companies Under Review Receiving a Separate Rate
A&W (Shanghai) Woods Co., Ltd.
Arte Mundi (Shanghai) Aesthetic Home Furnishings Co., Ltd.
(successor-in-interest to Scholar Home (Shanghai) New Material Co.,
Ltd.)
Benxi Wood Company
Dalian Jiahong Wood Industry Co., Ltd.
Dalian Kemian Wood Industry Co., Ltd.
Dalian Penghong Floor Products Co., Ltd./Dalian Shumaike Floor
Manufacturing Co., Ltd.
Dongtai Fuan Universal Dynamics, LLC
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Dun Hua Sen Tai Wood Co., Ltd.
Dunhua City Hongyuan Wood Industry Co., Ltd.
Dunhua Shengda Wood Industry Co., Ltd
Hailin Linjing Wooden Products Co., Ltd.
Hunchun Xingjia Wooden Flooring Inc.
Huzhou Chenghang Wood Co., Ltd
Huzhou Fulinmen Imp. & Exp. Co., Ltd.
Huzhou Jesonwood Co., Ltd.
Huzhou Sunergy World Trade Co., Ltd.
Jiangsu Guyu International Trading Co., Ltd
Jiangsu Keri Wood Co., Ltd.
Jiangsu Mingle Flooring Co., Ltd
Jiangsu Simba Flooring Co., Ltd.
Jiashan HuiJiaLe Decoration Material Co., Ltd.
Jiashan On-Line Lumber Co., Ltd.
Jiaxing Hengtong Wood Co., Ltd.
Kemian Wood Industry (Kunshan) Co., Ltd.
Kingman Floors Co., Ltd.
Linyi Youyou Wood Co., Ltd.
Metropolitan Hardwood Floors, Inc.
Pinge Timber Manufacturing (Zhejiang) Co., Ltd.
Sino-Maple (Jiangsu) Co., Ltd.
Suzhou Dongda Wood Co., Ltd.
Tongxiang Jisheng Import and Export Co., Ltd.
Yihua Lifestyle Technology Co., Ltd. (successor-in-interest to
Guangdong Yihua Timber Industry Co., Ltd.)
Zhejiang Dadongwu Greenhome Wood Co., Ltd.
Zhejiang Fuerjia Wooden Co., Ltd
Zhejiang Longsen Lumbering Co., Ltd.
[FR Doc. 2021-23561 Filed 10-28-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 29, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.