Notice2022-19528
Multilayered Wood Flooring From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review
Primary source
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Published
September 9, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On July 29, 2022, the U.S. Department of Commerce (Commerce) published the preliminary results of the changed circumstances review (CCR) of the antidumping duty (AD) order on multilayered wood flooring (MLWF) from the People's Republic of China (China). Commerce preliminarily determined that MLWF that is produced and exported by Zhejiang Yuhua Timber Co. Ltd. (Yuhua) and sold through A-Timber Flooring Company Limited (A-Timber) is excluded from the AD order. For these final results, Commerce continues to find that MLWF sold through A-Timber that is produced and exported by Yuhua is excluded from the AD order.
Full Text
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<title>Federal Register, Volume 87 Issue 174 (Friday, September 9, 2022)</title>
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[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Notices]
[Pages 55395-55396]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19528]
[[Page 55395]]
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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 Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 29, 2022, the U.S. Department of Commerce (Commerce)
published the preliminary results of the changed circumstances review
(CCR) of the antidumping duty (AD) order on multilayered wood flooring
(MLWF) from the People's Republic of China (China). Commerce
preliminarily determined that MLWF that is produced and exported by
Zhejiang Yuhua Timber Co. Ltd. (Yuhua) and sold through A-Timber
Flooring Company Limited (A-Timber) is excluded from the AD order. For
these final results, Commerce continues to find that MLWF sold through
A-Timber that is produced and exported by Yuhua is excluded from the AD
order.
DATES: Applicable September 9, 2022.
FOR FURTHER INFORMATION CONTACT: Alexis Cherry or Max Goldman, 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) 482-0607 or (202)
482-3896, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 29, 2022, Commerce published the Preliminary Results \1\ of
this CCR, finding that MLWF that is produced and exported by Yuhua and
sold through A-Timber is excluded from the Order.\2\ We provided
interested parties with the opportunity to comment and request a public
hearing regarding the Preliminary Results.\3\ On August 12, 2022,
Yuhua, A-Timber, and Mullican Flooring Co. (Mullican) submitted a
letter in lieu of a case brief noting that all parties to the review
support Commerce's findings and request that Commerce affirm the
Preliminary Results.\4\ We received no other comments.
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\1\ See Multilayered Wood Flooring from the People's Republic of
China: Preliminary Results of Antidumping Duty Changed Circumstances
Review, 87 FR 45748 (July 29, 2022) (Preliminary Results).
\2\ Id.; see also Multilayered Wood Flooring from the People's
Republic of China: 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 Peoples Republic of China: Amended Antidumping and
Countervailing Duty Orders, 77 FR 5484 (February 3, 2012)
(collectively, the Order).
\3\ See Preliminary Results, 87 FR at 45750.
\4\ See Yuhua, A-Timber, and Mullican's Letter, ``Letter in Lieu
of Case Brief,'' dated August 12, 2022 (Yuhua et al.'s Letter).
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Scope of the Order
Multilayered wood flooring is composed of an assembly of two or
more layers or plies of wood veneer(s) \5\ in combination with a
core.\6\ The several layers, along with the core, are glued or
otherwise bonded together to form a final assembled product.
Multilayered wood flooring is often referred to by other terms, e.g.,
``engineered wood flooring'' or ``plywood flooring.'' Regardless of the
particular terminology, all products that meet the description set
forth herein are intended for inclusion within the definition of
subject merchandise.
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\5\ A ``veneer'' is a thin slice of wood, rotary cut, sliced or
sawed from a log, bolt or flitch. Veneer is referred to as a ply
when assembled.
\6\ Commerce Interpretive Note: Commerce interprets this
language to refer to wood flooring products with a minimum of three
layers.
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All multilayered wood flooring is included within the definition of
subject merchandise, without regard to: dimension (overall thickness,
thickness of face ply, thickness of back ply, thickness of core, and
thickness of inner plies; width; and length); wood species used for the
face, back and inner veneers; core composition; and face grade.
Multilayered wood flooring included within the definition of subject
merchandise may be unfinished (i.e., without a finally finished surface
to protect the face veneer from wear and tear) or ``prefinished''
(i.e., a coating applied to the face veneer, including, but not
exclusively, oil or oil-modified or water-based polyurethanes, ultra-
violet light cured polyurethanes, wax, epoxy-ester finishes, moisture-
cured urethanes and acid-curing formaldehyde finishes). The veneers may
be also soaked in an acrylic-impregnated finish. All multilayered wood
flooring is included within the definition of subject merchandise
regardless of whether the face (or back) of the product is smooth, wire
brushed, distressed by any method or multiple methods, or hand-scraped.
In addition, all multilayered wood flooring is included within the
definition of subject merchandise regardless of whether or not it is
manufactured with any interlocking or connecting mechanism (for
example, tongue-and-groove construction or locking joints). All
multilayered wood flooring is included within the definition of the
subject merchandise regardless of whether the product meets a
particular industry or similar standard.
The core of multilayered wood flooring may be composed of a range
of materials, including but not limited to hardwood or softwood veneer,
particleboard, medium-density fiberboard, high-density fiberboard
(HDF), stone and/or plastic composite, or strips of lumber placed edge-
to-edge.
Multilayered wood flooring products generally, but not exclusively,
may be in the form of a strip, plank, or other geometrical patterns
(e.g., circular, hexagonal). All multilayered wood flooring products
are included within this definition regardless of the actual or nominal
dimensions or form of the product. Specifically excluded from the scope
are cork flooring and bamboo flooring, regardless of whether any of the
sub-surface layers of either flooring are made from wood. Also excluded
is laminate flooring. Laminate flooring consists of a top wear layer
sheet not made of wood, a decorative paper layer, a core-layer of HDF,
and a stabilizing bottom layer.
Imports of the subject merchandise are provided for under the
following subheadings of the Harmonized Tariff Schedule of the United
States (HTSUS): \7\ 4412.31.0520; 4412.31.0540; 4412.31.0560;
4412.31.0620; 4412.31.0640; 4412.31.0660; 4412.31.2510; 4412.31.2520;
4412.31.2610; 4412.31.2620; 4412.31.3175; 4412.31.4040; 4412.31.4050;
4412.31.4060; 4412.31.4070; 4412.31.4075; 4412.31.4080; 4412.31.4140;
4412.31.4160; 4412.31.4175;
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4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.5175;
4412.31.5225; 4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540;
4412.32.0560; 4412.32.0565; 4412.32.0570; 4412.32.0640; 4412.32.0665;
4412.32.2510; 4412.32.2520; 4412.32.2525; 4412.32.2530; 4412.32.2610;
4412.32.2625; 4412.32.3125; 4412.32.3135; 4412.32.3155; 4412.32.3165;
4412.32.3175; 4412.32.3185; 4412.32.3225; 4412.32.5600; 4412.32.5700;
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; 4418.74.2000; 4418.74.9000;
4418.75.4000; 4418.75.7000; 4418.79.0100; and 9801.00.2500.
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\7\ On October 31, 2018, and March 10, 2022, we added the
following HTSUS subheadings to update the ACE Case Reference File:
4412.33.0640, 4412.33.0665, 4412.33.0670, 4412.33.2625,
4412.33.2630, 4412.33.3225, 4412.33.3235, 4412.33.3255,
4412.33.3275, 4412.33.3285, 4412.33.5700, 4412.34.2600,
4412.34.3225, 4412.34.3235, 4412.34.3255, 4412.34.3275,
4412.34.3285, 4412.34.5700, 4412.51.1030, 4412.51.1050,
4412.51.3105, 4412.51.4100, 4412.51.5100, 4412.52.1030,
4412.52.1050, 4412.52.3105, 4412.52.4100, 4412.52.5100,
4412.59.6000, 4412.59.7000, 4412.59.8000, 4412.59.9000,
4412.59.9500, 4412.91.0600, 4412.91.1030, 4412.91.1040,
4412.91.3110, 4412.91.3120, 4412.91.3130, 4412.91.3140,
4412.91.3160, 4412.91.3170, 4412.91.5105, 4412.92.0700,
4412.92.1130, 4412.92.1140, 4412.92.3120, 4412.92.3160,
4412.92.3170, 4412.92.4200, 4412.92.5205, 4412.99.5800,
4412.99.6100, 4412.99.7100, 4412.99.8100, 4412.99.9100,
4412.99.9700, 4418.74.2000, 4412.74.9000, 4418.75.4000, and
4418.75.7000. See Memoranda ``Request from Customs and Border
Protection to Update the ACE AD/CVD Case Reference File,'' dated
October 31, 2018; and ``Request from Customs and Border Protection
to Update the ACE AD/CVD Case Reference File,'' dated March 10,
2022.
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While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the subject merchandise is
dispositive.
Final Results of Review
Based on the comments received \8\ and finding no information or
evidence on the record that calls into question the Preliminary
Results, we continue to find that MLWF that is produced and exported by
Yuhua and sold through A-Timber is excluded from the Order.\9\
Consequently, Commerce will instruct U.S. Customs and Border Protection
(CBP) that when Yuhua is the producer and exporter of MLWF sold through
(i.e., invoiced by) A-Timber, Yuhua's exclusion from the Order applies
to entries of such merchandise. That is, the exclusion would not apply
to MLWF produced and/or exported by a Chinese entity other than Yuhua
and sold through A-Timber. We will also instruct CBP to terminate any
suspension of liquidation on MLWF produced and exported by Yuhua and
sold through A-Timber, and retroactively apply this determination to
all unliquidated entries of such merchandise. We note that draft
instructions to CBP were released to interested parties on July 28,
2022, and we received no comments.\10\ Accordingly, we intend to issue
assessment instructions to CBP no sooner 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).
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\8\ See Yuhua et al.'s Letter.
\9\ See Preliminary Results, 87 FR at 45750.
\10\ See Memorandum, ``Draft Customs Instructions,'' dated July
28, 2022.
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Administrative Protective Order (APO)
This notice serves as a final reminder to parties subject to an APO
of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/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.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(b)(1) and 777(i) of the Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.216 and 351.221(c)(3)(i).
Dated: August 25, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-19528 Filed 9-8-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 9, 2022.
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