Notice2021-28069
Multilayered Wood Flooring From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Rescission of Review, in Part; 2019-2020
Primary source
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
December 27, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. (Senmao) did not make sales of subject merchandise at less than normal value (NV), and that certain companies had no shipments of subject merchandise during the period of review (POR) December 1, 2019, through November 30, 2020. In addition, we are rescinding the review with respect to one company. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 245 (Monday, December 27, 2021)</title>
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[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Notices]
[Pages 73252-73256]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28069]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-970]
Multilayered Wood Flooring From the People's Republic of China:
Preliminary Results of the Antidumping Duty Administrative Review,
Preliminary Determination of No Shipments, and Rescission of Review, in
Part; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. (Senmao) did not
make sales of subject merchandise at less than normal value (NV), and
that certain companies had no shipments of subject merchandise during
the period of review (POR) December 1, 2019, through November 30, 2020.
In addition, we are rescinding the review with respect to one company.
We invite interested parties to comment on these preliminary results.
DATES: Applicable December 27, 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 or (202)
482-0607, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on multilayered wood flooring (MLWF) from the People's
Republic of China (China).\1\ The review covers 96 companies, including
mandatory respondent, Senmao.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 8166 (February 4, 2021); and
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 86 FR 17124 (April 1, 2021) (collectively, Initiation
Notices).
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For events that occurred since the Initiation Notice and the
analysis behind our preliminary results herein, see the Preliminary
Decision Memorandum.\2\ The Preliminary 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="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>. A list of topics
discussed in the Preliminary Decision Memorandum is included as
Appendix I to this notice.
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\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Multilayered Wood
Flooring from the People's Republic of China; 2019-2020,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order \3\
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\3\ 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, 77 FR 5484 (February 3, 2012)
(collectively, Order).
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The product covered by the Order is MLWF from China. For a complete
[[Page 73253]]
description of the scope of this administrative review, see the
Preliminary Decision Memorandum.
Partial Rescission of Review
On May 3, 2021, the American Manufacturers of Multilayered Wood
Flooring (the petitioner) and Kingman Floors Co., Ltd. (Kingman Floors)
timely withdrew their requests for review with respect to Kingman
Floors.\4\ No other parties requested a review of this company.
Accordingly, Commerce is rescinding the administrative review with
respect to Kingman Floors.\5\
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\4\ See Petitioner's Letter, ``Withdrawal of Request for
Administrative Review in Part''; and Kingman Floors' Letter,
``Withdrawal of Request for Administrative Review of the Antidumping
Duty Order,'' both dated May 3, 2021.
\5\ See 19 CFR 351.213(d)(1).
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Preliminary Determination of No Shipments
Based on an analysis of information from U.S. Customs and Border
Protection (CBP), no shipment certifications, and other record
information, we preliminarily determine that 41 companies had no
shipments of subject merchandise during the POR. Consistent with our
practice in non-market economy (NME) cases, we are not rescinding this
review with respect to these companies but, rather, intend to complete
the review and issue appropriate instructions to CBP based on the final
results of the review.\6\
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\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME
AD Assessment); see also the ``Assessment Rates'' section, below.
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Separate Rates
We preliminarily determine that, in addition to Senmao, 10
companies not individually-examined are eligible for separate rates in
this administrative review.\7\ The Tariff Act of 1930, as amended (the
Act) and Commerce's regulations do not address the establishment of a
separate rate to be applied to companies not selected for individual
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks 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 separate-rate respondents which Commerce did
not examine individually in an administrative review. For the
preliminary results of this review, Commerce has determined the
estimated dumping margin for Senmao to be zero.\8\ For the reasons
explained in the Preliminary Decision Memorandum, we are assigning this
rate to the non-examined respondents which qualify for a separate rate
in this review.
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\7\ See Appendix II; see also the Preliminary Decision
Memorandum at the ``Separate Rate Determinations'' section for more
details.
\8\ See Memorandum, ``Preliminary Results Margin Calculation for
Jiangsu Senmao Bamboo and Wood Industry Co., Ltd.,'' dated
concurrently with this notice.
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The China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\9\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity, the entity is not
under review, and the entity's rate (i.e. 85.13 percent) is not subject
to change. See the Preliminary Decision Memorandum for further
discussion.
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\9\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
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Aside from the companies for which we preliminarily find no
shipments and the company for which the review is being rescinded,
Commerce considers all other companies for which a review was requested
and did not demonstrate separate rate eligibility to be part of the
China-wide entity.\10\ For the preliminary results of this review, we
consider 43 companies to be part of the China-wide entity.
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\10\ See Initiation Notice (``All firms listed below that wish
to qualify for separate rate status in the administrative reviews
involving NME countries must complete, as appropriate, either a
separate rate application or certification, as described below.'')
Companies that are subject to this administrative review that are
considered to be part of the China-wide entity are listed in
Appendix II.
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Methodology
We are conducting this administrative review in accordance with
sections 751(a)(1)(B) of the Act and 19 CFR 351.213. We calculated
export prices for Senmao in accordance with section 772(a) of the Act.
Because China is an NME within the meaning of section 771(18) of the
Act, we calculated NV in accordance with section 773(c) of the Act.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the POR December 1, 2019, through November
30, 2020:
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Weighted-
average
Exporters dumping
margin
(percent)
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Jiangsu Senmao Bamboo and Wood Industry Co., Ltd........ 00.00
Non-Selected Companies Under Review Receiving a Separate 00.00
Rate \11\..............................................
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Disclosure and Public Comment
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\11\ See Appendix II.
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We intend to disclose to interested parties the calculations
performed for these preliminary results in accordance with 19 CFR
351.224(b). A timeline for the submission of case briefs and written
comments will be provided to interested parties at a later date.
Rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than seven days after the deadline date for case
briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this review are encouraged to
submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities. Executive
summaries should be limited to five pages total, including footnotes.
Case and rebuttal briefs should be filed using ACCESS \13\ and must be
served on interested parties.\14\ Note that Commerce has modified
certain of its requirements for serving documents containing business
proprietary information until further notice.\15\
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\12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020) (``To provide adequate time for release of case
briefs via ACCESS, E&C intends to schedule the due date for all
rebuttal briefs to be 7 days after case briefs are filed (while
these modifications remain in effect).'')
\13\ See generally 19 CFR 351.303.
\14\ See 19 CFR 351.303(f).
\15\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically via Commerce's electric records system, ACCESS. An
electronically-filed request must be received successfully in its
entirety by 5:00 p.m. Eastern Time within 30 days after the date of
[[Page 73254]]
publication of this notice.\16\ Requests should contain the party's
name, address, and telephone number, the number of participants,
whether any participant is a foreign national, and a list of the issues
to be discussed. If a request for a hearing is made, Commerce intends
to hold the hearing at a time and date to be determined.\17\ Parties
should confirm by telephone the date and time of the hearing two days
before the scheduled date.
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\16\ See 19 CFR 351.310(c)
\17\ See 19 CFR 351.310(d).
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Unless otherwise extended, we intend to issue the final results of
this administrative review, which will include the results of our
analysis of the issues raised in the case briefs, within 120 days of
publication of these preliminary results in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon for its final results. Normally,
Commerce verifies information using standard procedures, including an
on-site examination of original accounting, financial, and sales
documentation. However, due to current travel restrictions in response
to the global COVID-19 pandemic, Commerce is unable to conduct on-site
verification in this review. Accordingly, we intend to verify the
information relied upon for the final results through alternative means
in lieu of an on-site verification.
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review, in accordance with 19 CFR 351.212(b). Commerce intends
to issue assessment instructions to CBP 35 days after the publication
of the final results of this review.
If Senmao's ad valorem weighted-average dumping margin is not zero
or de minimis (i.e., less than 0.50 percent) in the final results of
this review, Commerce will calculate importer-specific assessment rates
on the basis of the ratio of the total amount of dumping calculated for
the importer's examined sales and the total quantity of those sales, in
accordance with 19 CFR 351.212(b)(1).\18\ Commerce will also calculate
(estimated) ad valorem importer-specific assessment rates with which to
assess whether the per-unit assessment rate is de minimis. We will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review when the importer-specific ad valorem assessment
rate calculated in the final results of this review is not zero or de
minimis.
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\18\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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For the respondents that were not selected for individual
examination in this administrative review that qualified for a separate
rate, the assessment rate will be the separate rate established in the
final results of this administrative review.
If, in the final results, Senmao's weighted-average dumping margin
continues to be zero or de minimis (i.e., less than 0.5 percent),
Commerce will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.\19\ For entries that were not reported in
the U.S. sales databases submitted by Senmao during this review, and
for the 43 companies that do not qualify for a separate rate, Commerce
will instruct CBP to liquidate such entries at the China-wide rate
(i.e., 85.13 percent).\20\ In addition, if we continue to find no
shipments of subject merchandise for the 41 companies for which we
preliminarily find no such shipments during the POR,\21\ any suspended
entries of subject merchandise associated with those companies will be
liquidated at the China-wide rate.\22\
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\19\ See 19 CFR 351.106(c)(2).
\20\ 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
(August 5, 2019).
\21\ See Appendix II for a list of these companies.
\22\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
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For the company for which the administrative review is rescinded,
antidumping duties shall be assessed at a rate equal to the cash
deposit of estimated antidumping duties required at the time of entry,
or withdrawal from warehouse, for consumption, in accordance with 19
CFR 351.212(c)(1)(i).
We intend to issue appropriate assessment instructions with respect
to the company for which this administrative review is rescinded to CBP
35 days after the publication of the final results in the Federal
Register. 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).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for all shipments of
the subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the companies
listed above that have a separate rate, the cash deposit rate will be
that rate established in the final results of this review (except, if
the rate is de minimis, then a cash deposit rate of zero will be
required); (2) for previously investigated or reviewed Chinese and non-
Chinese exporters for which a review was not requested and 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 the rate for the China-wide entity (i.e., 85.13 percent); and
(4) for all non-Chinese exporters of subject merchandise that have not
received their own rate, the cash deposit rate will be the rate
applicable to Chinese exporter that supplied that non-Chinese exporter.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties.
We are issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(l) and 777(i)(l) of the Act
and 19 CFR 351.221(b)(4).
[[Page 73255]]
Dated: December 17, 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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Selection of Respondents
VI. Preliminary Determination of No Shipments
VII. Discussion of the Methodology
VIII. Recommendation
Appendix II
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No Shipments:
Anhui Longhua Bamboo Product Co., Ltd.
Arte Mundi (Shanghai) Aesthetic Home Furnishings Co., Ltd.
(successor-in-interest to Scholar Home (Shanghai) New Material Co.,
Ltd.) \23\
Baroque Timber Industries (Zhongshan) Co., Ltd.
Benxi Wood Company
Dalian Deerfu Wooden Product Co., Ltd.
Dalian Jaenmaken Wood Industry Co., Ltd.
Dalian Jiahong Wood Industry Co., Ltd.
Dalian Shengyu Science And Technology Development Co., Ltd.
Dongtai Fuan Universal Dynamics, LLC
Dunhua City Dexin Wood Industry Co., Ltd.
Dunhua City Hongyuan Wood Industry Co., Ltd.
Dunhua City Jisen Wood Industry Co., Ltd.
Fine Furniture (Shanghai) Limited
HaiLin LinJing Wooden Products Co., Ltd.
Hunchun Xingjia Wooden Flooring Inc.
Huzhou Chenghang Wood Co., Ltd
Huzhou Fulinmen Imp. & Exp. Co., Ltd.
Huzhou Sunergy World Trade Co., Ltd.
Jiangsu Keri Wood Co., Ltd.
Jiangsu Mingle Flooring Co., Ltd
Jiangsu Simba Flooring Co., Ltd.
Jiangsu Yuhui International Trade Co., Ltd.
Jiashan On-Line Lumber Co., Ltd.
Jiaxing Hengtong Wood Co., Ltd.
Jilin Xinyuan Wooden Industry Co., Ltd.
Kember Flooring, Inc. (a.k.a. Kember Hardwood Flooring, Inc.)
Linyi Anying Wood Co., Ltd.
Linyi Youyou Wood Co., Ltd.
Muchsee Wood (Chuzhou) Co., Ltd.
Pinge Timber Manufacturing (Zhejiang) Co., Ltd.
Power Dekor Group Co., Ltd.
Sino-Maple (Jiangsu) Co., Ltd.
Suzhou Dongda Wood Co., Ltd.
Tongxiang Jisheng Import and Export Co., Ltd.
Yekalon Industry Inc.
Yihua Lifestyle Technology Co., Ltd. (successor-in-interest to
Guangdong Yihua Timber Industry Co., Ltd.)
Yingyi-Nature (Kunshan) Wood Industry Co., Ltd.
Zhejiang Dadongwu Greenhome Wood Co., Ltd.
Zhejiang Longsen Lumbering Co., Ltd.
Zhejiang Shiyou Timber Co., Ltd.
Zhejiang Shuimojiangnan New Material Technology Co., Ltd.
China-Wide Entity:
A & W (Shanghai) Woods Co., Ltd.
Anhui Boya Bamboo & Wood Products Co., Ltd.
Anhui Yaolong Bamboo & Wood Products Co. Ltd.
Armstrong Wood Products (Kunshan) Co., Ltd.
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 Kemian Wood Industry 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, Fusong Jinlong
Group)
Dalian T-Boom Wood Products Co., Ltd.
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.
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Hunchun Forest Wolf Wooden Industry Co., Ltd.
Huzhou Jesonwood Co., Ltd.
Innomaster Home (Zhongshan) Co., Ltd.
Jiafeng Wood (Suzhou) Co., Ltd.
Jilin Forest Industry Jinqiao Flooring Group Co., Ltd.
Karly Wood Product Limited
Kemian Wood Industry (Kunshan) Co., Ltd.
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.
Shandong Longteng Wood Co., Ltd.
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 Biyork Wood Co., Ltd.
Zhejiang Fudeli Timber Industry Co., Ltd.
Zhejiang Jiechen Wood Industry Co., Ltd.
Zhejiang Simite Wooden Co., Ltd.
Rescissions:
Kingman Floors Co., Ltd.
Non-Selected Companies Under Review Receiving a Separate Rate:
Benxi Flooring Factory (General Partnership)
Dalian Penghong Floor Products Co., Ltd./Dalian Shumaike Floor
Manufacturing Co., Ltd.
Dun Hua Sen Tai Wood Co., Ltd.
Dunhua Shengda Wood Industry Co., Ltd
Jiangsu Guyu International Trading Co., Ltd
Jiashan HuiJiaLe Decoration Material Co., Ltd.
Kingman Wood Industry Co., Ltd.
Lauzon Distinctive Hardwood Flooring, Inc.
Metropolitan Hardwood Floors, Inc.
Zhejiang Fuerjia Wooden Co., Ltd.
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\23\ Arte Mundi Group Co. Ltd. (Arte Mundi Group), submitted a
timely no shipment certification in which it reported that Arte
Mundi Shanghai changed its name to Arte Mundi Group during the POR,
however, the company did not respond to Commerce's successor-in-
interest questionnaire. Therefore, we did not make a no-shipments
determination with respect to Arte Mundi Group. See the Preliminary
Determination Memorandum for further details.
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[FR Doc. 2021-28069 Filed 12-23-21; 8:45 am]
BILLING CODE 3510-DS-P
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