Notice2023-07085
Multilayered Wood Flooring From the People's Republic of China: Final Results of Expedited Second Sunset Review of the Countervailing Duty Order
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
April 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of this expedited second sunset review, the Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on multilayered wood flooring (MLWF) from the People's Republic of China (China) would likely lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the "Final Results of Review" section of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 65 (Wednesday, April 5, 2023)</title>
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[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20120-20121]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07085]
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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 of Expedited Second Sunset Review of the Countervailing
Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited second sunset review, the
Department of Commerce (Commerce) finds that revocation of the
countervailing duty (CVD) order on multilayered wood flooring (MLWF)
from the People's Republic of China (China) would likely lead to
continuation or recurrence of a countervailable subsidy at the levels
indicated in the ``Final Results of Review'' section of this notice.
DATES: Applicable April 5, 2023.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or Jonathan Schueler,
AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Ave. NW, Washington, DC 20230; telephone: (202) 482-5973
or (202) 482-9175, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 8, 2011, Commerce published the CVD order on MLWF from
China.\1\ On November 1, 2022, Commerce initiated the second sunset
review of the Order pursuant to section 751(c) of the Tariff Act of
1930, as amended (the Act) and 19 CFR 351.218(c).\2\ Commerce received
a notice of intent to participate in the review on behalf of the
American Manufacturers of Multilayered Wood Flooring (AMMWF), a
domestic interested party, within the deadline specified in 19 CFR
351.218(d)(1)(i).\3\ AMMWF's members include AHF Product, LLC, Cahaba
Veneer, Mohawk Industries, Inc., and Mullican Flooring, L.P. AMMWF
claimed interested party status under section 771(9)(F) of the Act, as
an association comprised of domestic producers of the domestic like
product.
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\1\ See Multilayered Wood Flooring from the People's Republic of
China: Countervailing Duty Order, 76 FR 76693 (December 8, 2011);
see also Multilayered Wood Flooring from the People's Republic of
China: Amended Antidumping and Countervailing Duty Orders, 77 FR
5484 (February 3, 2012), wherein the scope of the Order was modified
(collectively, Order).
\2\ See Initiation of Five-Year (``Sunset'') Reviews, 87 FR
73757 (December 1, 2022).
\3\ See AMMWF's Letter, ``Notice of Intent to Participate in
Sunset Review,'' dated December 13, 2022.
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Commerce received an adequate substantive response from AMMWF
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\4\
Commerce did not receive a substantive response from the Government of
China or any other respondent interested party to the proceeding, and
no hearing was requested.
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\4\ See AMMWF's Letter, ``Substantive Response to Notice of
Initiation of Sunset Review'' dated January 3, 2023.
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On January 25, 2023, Commerce notified the U.S. International Trade
[[Page 20121]]
Commission that it did not receive an adequate substantive response
from respondent interested parties.\5\ As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day) sunset review of this Order.
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\5\ See Commerce's Letter, ``Sunset Reviews Initiated on
December 1, 2022,'' dated January 25, 2022.
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Scope of the Order
The products covered by this order are certain multilayered wood
flooring which are composed of an assembly of two or more layers or
plies of wood veneer(s) \6\ in combination with a core. For a full
description of the scope, see the Issues and Decision Memorandum.\7\
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\6\ 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.
\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited Second Sunset Review of the
Countervailing Duty Order on Multilayered Wood Flooring from the
People's Republic of China,'' (Issues and Decision Memorandum) dated
concurrently with, and hereby adopted by, this notice.
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Analysis of Comments Received
All issues raised in this sunset review are addressed in the Issues
and Decision Memorandum. A list of topics discussed in the Issues and
Decision Memorandum is included as an appendix to 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 <a href="https://access.trade.gov">https://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/FRNotices/ListLayout.aspx">https://access.trade.gov/public/FRNotices/ListLayout.aspx</a>.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(b)(1) of the Act, we
determine that revocation of the CVD order on MLWF from China would be
likely to lead to continuation or recurrence of countervailable
subsidies at the rates listed below:
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Net
countervailable
Producer/exporter subsidy rate
(percent)
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Fine Furniture (Shanghai) Ltd.; Great Wood (Tonghua) 1.90
Ltd.; Fine Furniture Plantation (Shishou) Ltd.......
All-Others........................................... 18.87
124 Non-Cooperating Companies \8\.................... 43.96
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Notification Regarding Administrative Protective Order
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\8\ Commerce assigned a rate based on facts available with an
adverse inference (AFA) to 124 non-cooperating companies in the
investigation. For the full list of these companies, see
Multilayered Wood Flooring from the People's Republic of China:
Final Affirmative Countervailing Duty Determination, 76 FR 64313
(October 18, 2011).
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This notice serves as the only 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. Timely
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a violation which is subject
to sanction.
Notification to Interested Parties
Commerce is issuing and publishing these final results and notice
in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act
and 19 CFR 351.218.
Dated: March 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
a. Likelihood of Continuation or Recurrence of a Countervailable
Subsidy
b. Net Countervailable Subsidy Rates Likely to Prevail
c. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023-07085 Filed 4-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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