Notice2023-11473
Multilayered Wood Flooring From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 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
May 31, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) continues to determine that the mandatory respondents, Riverside Plywood Corporation (Riverside) and Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. (Jiangsu Senmao), and 18 other 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, 2020, through December 31, 2020.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 104 (Wednesday, May 31, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Notices]
[Pages 34828-34830]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11473]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-971]
Multilayered Wood Flooring From the People's Republic of China:
Final Results of Countervailing Duty Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) continues to
determine that the mandatory respondents, Riverside Plywood Corporation
(Riverside) and Jiangsu Senmao Bamboo and Wood Industry Co., Ltd.
(Jiangsu Senmao), and 18 other 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, 2020, through December 31, 2020.
DATES: Applicable May 31, 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 Avenue NW, Washington, DC 20230; telephone: (202) 482-5973
or (202) 482-9175, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review in the Federal Register on December 22, 2022, and invited
interested parties to comment.\1\ On January 30, 2023, we received case
briefs from the following interested parties: Riverside,\2\ Jiangsu
Senmao, Lumber Liquidators Services, LLC (including various Chinese
exporters and producers) (Lumber Liquidators and Foreign Exporters/
Producers), the Government of the People's Republic of China (GOC), and
the American Manufacturers of Multilayered Wood Flooring (the
petitioner).\3\ Fine Furniture (Shanghai) Limited and Double F Limited
(collectively, Fine Furniture); and Zhejiang Longsen Lumbering Co.,
Ltd., Huzhou Chenghang Wood Co., Ltd., Hunchun Xingjia Wooden Flooring
Inc., Huzhou Fulinmen Imp. & Exp. Co., Ltd., Zhejiang Fuerjia Wooden
Co., Ltd, and Dun Hua Sen Tai Wood Co., Ltd, (collectively, CTL Group)
submitted letters in lieu of case briefs on January 30, 2023,
concurring with the arguments of other respondent parties.\4\ On
February 13, 2023, we received rebuttal briefs from Riverside, Jiangsu
Senmao, and the petitioner.\5\ Fine Furniture and Lumber Liquidators
and Foreign Exporters/Producers submitted letters in lieu of a rebuttal
case brief on February 13, 2023, incorporating the rebuttal comments of
other respondent parties.\6\ On May 3, 2023, we held a public hearing
to discuss the interested parties' comments.\7\
---------------------------------------------------------------------------
\1\ See Multilayered Wood Flooring from the People's Republic of
China: Preliminary Results and Partial Rescission of Countervailing
Duty Administrative Review; 2020, 87 FR 78644 (December 22, 2022)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ Cross-owned affiliates are Baroque Timber Industries
(Baroque Timber), Suzhou Times Flooring Co., Ltd., and Zhongshan
Lianjia Flooring Co., Ltd.
\3\ See Petitioner's Letter, ``Case Brief,'' dated January 30,
2023; see also GOC's Letter, ``Case Brief,'' dated January 30, 2023;
Riverside's Letter, ``Administrative Case Brief,'' dated January 30,
2023; Jiangsu Senmao's Letter, ``Case Brief,'' dated January 30,
2023; and Lumber Liquidators' Letter, ``Case Brief,'' dated January
30, 2023.
\4\ See Fine Furniture's Letter, ``Letter in Lieu of Case
Brief;'' dated January 30, 2023; see also CTL Group's Letter,
``Letter in Lieu of Case Brief,'' dated January 30, 2023.
\5\ See Petitioner's Letter, ``Rebuttal Brief,'' dated February
13, 2023; see also Riverside's Letter, ``Rebuttal Brief,'' dated
February 13, 2023; and Jiangsu Senmao's Letter, ``Rebuttal Brief,''
dated February 13, 2023.
\6\ See Fine Furniture's Letter, ``Letter in Lieu of Rebuttal
Brief,'' dated February 13, 2023; see also Lumber Liquidators and
Foreign Exporters/Producers Letter, ``Letter in Lieu of Rebuttal
Brief,'' dated February 13, 2023.
\7\ See Memorandum, ``Scheduling of Public Hearing,'' dated
April 17, 2023; see also Submission of Neal R. Gross and Co.,
Transcript of Public Hearing, filed May 10, 2023.
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order \8\ is multilayered wood flooring
from China.
[[Page 34829]]
For a complete description of the scope of the Order, see the Issues
and Decision Memorandum.\9\
---------------------------------------------------------------------------
\8\ 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).
\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020 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).
---------------------------------------------------------------------------
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="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/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 to the recipient, and that the subsidy is
specific.\10\ 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.
---------------------------------------------------------------------------
\10\ 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.
---------------------------------------------------------------------------
Rate for Non-Selected Companies Under Review
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides the basis for calculating the all-
others rate in an investigation. Section 705(c)(5)(A)(i) of the Act
instructs Commerce, as a general rule, to calculate the all-others rate
equal to the weighted average of the countervailable subsidy rates
established for exporters and producers individually investigated,
excluding any zero or de minimis countervailable subsidy rates, and any
rates determined entirely on the basis of facts available.
There are 18 companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross-owned with a mandatory respondent. For these non-
selected companies, because the rates calculated for the participating
mandatory respondents in this review, Riverside and Jiangsu Senmao,
were above de minimis and not entirely based on facts available, 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.\11\
---------------------------------------------------------------------------
\11\ See Memorandum, ``Calculation of the Non-Selected Rate for
the Final Results,'' dated concurrently with this notice.
\12\ Cross-owned affiliates are Baroque Timber (Zhongshan)
Industries, Suzhou Times Flooring Co., Ltd., and Zhongshan Lianjia
Flooring Co., Ltd.
\13\ See Appendix II.
---------------------------------------------------------------------------
This is the same methodology Commerce applied in the Preliminary
Results for determining a rate for companies not selected for
individual examination. However, due to changes in the calculations for
Riverside and Jiangsu Senmao, we revised the non-selected rate
accordingly. Consequently, for the 18 non-selected companies for which
a review was requested and not rescinded, we are applying an ad valorem
subsidy rate of 13.04 percent.
Final Results of Administrative Review
We determine the countervailable subsidy rates for the mandatory
and non-selected respondents under review for the period of January 1,
2020, through December 31, 2020, are as follows:
------------------------------------------------------------------------
Subsidy rate
Producer/exporter (percent)
------------------------------------------------------------------------
Riverside Plywood Corporation and its Cross-Owned 17.06
Affiliates \12\........................................
Jiangsu Senmao Bamboo and Wood Industry Co., Ltd........ 3.26
Non-Selected Companies Under Review \13\................ 13.04
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations and analysis
performed for these final results of review within five days of the
date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
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).
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 Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information
[[Page 34830]]
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.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 23, 2023.
Lisa W. Wang,
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. Non-Selected Companies Under Review
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 to Apply Adverse Facts Available Regarding
the Countervailability of the Provision of Electricity for Less Than
Adequate Remuneration
Comment 3: Whether to Apply Adverse Facts Available to
Specificity Regarding the Countervailability of the Provision of
Inputs for Less Than Adequate Remuneration
Comment 4: Whether Individually-Owned Suppliers Are Government
Authorities
Comment 5: Whether Commerce Should Treat Pine Integrated Boards
as Veneers
Comment 6: Whether Commerce Should Weight International Tropical
Timber Organization Pricing Data Differently for the Wood Input
Benchmarks
Comment 7: Whether to Include Certain Harmonized Schedule
Subheadings in the Glue, Paint, and Plywood Benchmark Price
Calculations
A. Wood Glue and Adhesives Benchmark: Whether to Include 3906.10
B. Paint, Primer, and Stain Benchmark: Whether to Exclude
3208.10; 3208.90; and 3209.90
C. Plywood Benchmark: Whether to Exclude All UN Comtrade Data
and Use ITTO Prices for Specific Grades
Comment 8: Whether to Include UN Comtrade Data for China and
ASEAN in the Input for Less Than Adequate Remuneration Benchmarks
Comment 9: Whether to Include Domestic ITTO Pricing Data in Tier
Two World Market Benchmark Prices
Comment 10: Whether to Rely on Certain Ocean Freight Benchmark
Data Used to Calculate the Ocean Freight Benchmarks
Comment 11: Whether to Use the Respondents' Inland Freight Costs
for the Inland Freight Benchmark
Comment 12: Whether Commerce Correctly Calculated Baroque
Timber's Backboard Veneer Benefit
Comment 13: Whether Commerce Made Ministerial Errors in the
Subsidy Rate Calculations Pertaining to Various Provision of Inputs
for Less Than Adequate Remuneration Programs
XI. Recommendation
Appendix II--Non-Selected Companies Under Review
1. Benxi Flooring Factory (General Partnership)
2. Dalian Kemian Wood Industry Co., Ltd.
3. Dalian Penghong Floor Products Co., Ltd.
4. Dalian Qianqiu Wooden Product Co., Ltd.
5. Dalian Shumaike Floor Manufacturing Co., Ltd.
6. Dun Hua Sen Tai Wood Co., Ltd.
7. Dunhua Shengda Wood Industry Co., Ltd.
8. Fine Furniture (Shanghai) Limited
9. Fusong Jinlong Wooden Group Co., Ltd.
10. Fusong Jinqiu Wooden Product Co., Ltd.
11. Fusong Qianqiu Wooden Product Co., Ltd.
12. Huzhou Jesonwood Co., Ltd
13. Jiangsu Guyu International Trading Co., Ltd.
14. Jiashan HuiJiaLe Decoration Material Co., Ltd.
15. Kingman Wood Industry Co., Ltd.
16. Metropolitan Hardwood Floors, Inc.
17. Samling Elegant Living Trading (Labuan) Ltd.
18. Zhejiang Fuerjia Wooden Co., Ltd.
[FR Doc. 2023-11473 Filed 5-30-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on May 31, 2023.
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.