Notice2023-28782
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; 2021-2022
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 29, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. 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, 2021, through November 30, 2022. 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 88 Issue 249 (Friday, December 29, 2023)</title>
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[Federal Register Volume 88, Number 249 (Friday, December 29, 2023)]
[Notices]
[Pages 90164-90167]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28782]
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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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2021, through
November 30, 2022. 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 29, 2023.
FOR FURTHER INFORMATION CONTACT: Rebecca Trainor, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; phone: (202) 482-4007.
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 48 companies, including
mandatory respondent, Senmao.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 7060 (February 2, 2023) (Initiation
Notice).
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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; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order <SUP>3</SUP>
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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
description of the scope of this administrative review, see the
Preliminary Decision Memorandum.
Partial Rescission of Review
On May 1, 2023, Kahrs International Inc. (Kahrs) timely withdrew
its request for review of the Fusong Jinlong Group (Jinlong).\4\ No
other parties requested a review of this company.\5\ Accordingly,
Commerce is rescinding the
[[Page 90165]]
administrative review with respect to Jinlong.\6\
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\4\ See Kahrs' Letter, ``Notice of Withdrawal of Request for
2021-2022 Administrative Review,'' dated May 1, 2023.
\5\ Jinlong consists of the following companies: Fusong Jinlong
Wooden Group Co., Ltd.; Fusong Qianqiu Wooden Product Co., Ltd.;
Dalian Qianqiu Wooden Product Co., Ltd.; and Fusong Jinqiu Wooden
Product Co., Ltd.
\6\ 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 23 companies had no
shipments of subject merchandise during the POR. For a listing of these
companies, see Appendix II of this notice. 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.\7\
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see
also the ``Assessment Rates'' section, below.
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Separate Rates
We preliminarily determine that, in addition to Senmao, two
companies not individually-examined are eligible for separate rates in
this administrative review, Dalian Deerfu Wooden Product Co., Ltd.
(Deerfu) and Dalian Jaenmaken Wood Industry Co., Ltd. (Jaenmaken).\8\
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.\9\ For the reasons explained in the Preliminary
Decision Memorandum, we are assigning this rate to Deerfu and
Jaenmaken, i.e., the non-examined respondents which qualify for a
separate rate in this review.
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\8\ See Preliminary Decision Memorandum at the ``Separate Rate
Determinations'' section for more details.
\9\ See Memorandum, ``Preliminary Results Margin Calculation for
Jiangsu Senmao Bamboo and Wood Industry Co., Assessment 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.\10\ 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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\10\ 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.\11\ For the preliminary results of this review, we
consider 21 companies to be part of the China-wide entity. For a
listing of these companies, see Appendix II of this notice.
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\11\ 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 country 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, 2021, through November
30, 2022:
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Weighted-
average
Exporters dumping margin
(percent)
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Jiangsu Senmao Bamboo and Wood Industry Co., Ltd........ 00.00
Dalian Deerfu Wooden Product Co., Ltd................... 00.00
Dalian Jaenmaken Wood Industry Co., Ltd................. 00.00
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties with an Administrative
Protective Order within five days after the date of publication of
these preliminary results.\12\
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\12\ See 19 CFR 351.224(b).
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Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs no later than 30 days after the date of publication of this
notice.\13\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\14\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\15\ As provided under 19
CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged
interested parties to provide an executive summary of their brief that
should be limited to five pages total, including footnotes. In this
administrative review, we instead request that interested parties
provide at the beginning of their briefs a public, executive summary
for each issue raised in their briefs.\16\ Further, we request that
interested parties limit their executive summary of each issue to no
more than 450 words, not including citations. We intend to use the
executive summaries as the basis of the comment summaries included in
the issues and decision memorandum that will accompany the final
results in this administrative review. We request that interested
parties include footnotes for relevant citations in the executive
summary of each issue. Note that Commerce has amended certain of its
requirements pertaining to the service of documents in 19 CFR
351.303(f).\17\
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\13\ See also 19 CFR 351.303 (for general filing requirements).
\14\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\15\ See 19 351.309(c)(2) and (d)(2).
\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a
[[Page 90166]]
hearing must submit a written request to the Assistant Secretary for
Enforcement and Compliance, filed electronically via ACCESS. Requests
should contain: (1) the party's name, address, and telephone number;
(2) the number of participants; and (3) a list of the issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case briefs. An electronically-filed hearing request
must be received successfully in its entirety by Commerce's electronic
system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of
publication of this notice.\18\
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\18\ See 19 CFR 351.310(c)
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Final Results
Unless the deadline is 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).
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).
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).\19\ 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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\19\ 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 Deerfu and Jaenmaken, i.e., 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, the respondents' weighted-average dumping
margins continue 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.\20\
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\20\ See 19 CFR 351.106(c)(2).
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For entries that were not reported in the U.S. sales databases
submitted by Senmao during this review, and for the 21 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).\21\ In addition, if we continue to find no shipments of
subject merchandise for the 23 companies for which we preliminarily
find no such shipments during the POR,\22\ any suspended entries of
subject merchandise associated with those companies will be liquidated
at the China-wide rate.\23\
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\21\ 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).
\22\ See Appendix II for a list of these companies.
\23\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
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For Jinlong, i.e., 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 Jinlong, i.e., the company for which this administrative review is
rescinded, to CBP 35 days after the publication of the preliminary
results in the Federal Register. For all other companies that continue
to be subject to review, we intend to issue appropriate assessment
instructions 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
the 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, and/or increase in the amount of antidumping duties by the
amount of the countervailing duties.
Notification to Interested Parties
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).
Dated: December 19, 2023
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
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
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VI. Preliminary Determination of No Shipments
VII. Discussion of the Methodology
VIII. Recommendation
Appendix II
No Shipments
Anhui Longhua Bamboo Product Co., Ltd.
Benxi Flooring Factory (General Partnership)
Dalian Shengyu Science and Technology Development Co., Ltd.
Dongtai Fuan Universal Dynamics, LLC
Dun Hua Sen Tai Wood Co., Ltd.
Dunhua City Dexin Wood Industry Co., Ltd.
Dunhua Shengda Wood Industry Co., Ltd.
HaiLin LinJing Wooden Products Co., Ltd.
Hunchun Xingjia Wooden Flooring Inc.
Huzhou Sunergy World Trade Co., Ltd.
Jiangsu Keri Wood Co., Ltd.
Jiangsu Mingle Flooring Co., Ltd.
Jiangsu Simba Flooring Co., Ltd.
Jiashan On-Line Lumber Co., Ltd.
Kingman Wood Industry Co., Ltd.
Linyi Youyou Wood Co., Ltd.
Pinge Timber Manufacturing (Zhejiang) Co., Ltd.
Power Dekor Group Co., Ltd.
Sino-Maple (Jiangsu) Co., Ltd.
Suzhou Dongda Wood Co., Ltd.
Zhejiang Dadongwu Greenhome Wood Co., Ltd.
Zhejiang Longsen Lumbering Co., Ltd.
Zhejiang Shiyou Timber Co., Ltd.
China-Wide Entity
Benxi Wood Company
Dalian Jiahong Wood Industry Co., Ltd.
Dalian Penghong Floor Products Co., Ltd./Dalian Shumaike Floor
Manufacturing Co., Ltd.
Dunhua City Hongyuan Wood Industry Co., Ltd.
Huzhou Chenghang Wood Co., Ltd.
Huzhou Fulinmen Imp. & Exp. Co., Ltd.
Jiangsu Guyu International Trading Co., Ltd.
Jiangsu Yuhui International Trade Co., Ltd.
Jiashan HuiJiaLe Decoration Material Co., Ltd.
Jiaxing Hengtong Wood Co., Ltd.
Lauzon Distinctive Hardwood Flooring, Inc.
Linyi Anying Wood Co., Ltd.
Metropolitan Hardwood Floors, Inc.
Muchsee Wood (Chuzhou) 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 Fuerjia Wooden Co., Ltd.
Zhejiang Shuimojiangnan New Material Technology Co., Ltd.
Zhejiang Simite Wooden Co., Ltd.
Rescissions
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)
[FR Doc. 2023-28782 Filed 12-28-23; 8:45 am]
BILLING CODE 3510-DS-P
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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.