Notice2025-18134
Multilayered Wood Flooring From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 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
September 19, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain 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, 2022, through December 31, 2022.
Full Text
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<title>Federal Register, Volume 90 Issue 180 (Friday, September 19, 2025)</title>
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[Federal Register Volume 90, Number 180 (Friday, September 19, 2025)]
[Notices]
[Pages 45183-45185]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18134]
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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 Countervailing Duty Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain 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,
2022, through December 31, 2022.
DATES: Applicable September 19, 2025.
FOR FURTHER INFORMATION CONTACT: Jonathan Schueler or Laurel Smalley,
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) 482-9175
or (202) 482-3456, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review in the Federal Register on March 20, 2025, and invited
interested parties to comment.\1\ On June 18, 2025, Commerce extended
the final results of this review. For a complete description of the
events that followed the Preliminary Results, see the Issues and
Decision Memorandum.\2\
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\1\ See Multilayered Wood Flooring from the People's Republic of
China: Preliminary Results and Partial Rescission of Countervailing
Duty Administrative Review; 2022, 90 FR 13142 (March 20, 2025)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Countervailing Duty Administrative Review of
Multilayered Wood Flooring from the People's Republic of China;
2022,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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[[Page 45184]]
Scope of the Order
The product covered by the Order \3\ is multilayered wood flooring
from China. For a complete description of the scope of the Order, see
the Issues and Decision Memorandum.\4\
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\3\ 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); 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) (collectively, Order).
\4\ See Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised in in the interested party's brief are addressed
in the Issues and Decision Memorandum. A list of the issues addressed
is attached 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/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 to Riverside's
countervailable subsidy calculations 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.\5\ 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.
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\5\ 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.
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Rate for Non-Responsive Companies
As explained in the Preliminary Results, Huzhou Fulinmen Imp. &
Exp. Co., Ltd (Huzhou Fulinmen) and Tongxiang Jisheng Import and Export
Co., Ltd (Tongxiang Jisheng) were selected as mandatory respondents in
this review, however, neither company responded to Commerce's
countervailing duty (CVD) questionnaire. We continue to find that by
not responding to Commerce's requests for information, these companies
withheld requested information and significantly impeded this
proceeding. Thus, in reaching our final results, pursuant to sections
776(a)(2)(A) and (C) of the Act, we continue to base the CVD subsidy
rates for these non-responsive companies on facts otherwise available.
Further, we continue to determine that an adverse inference is
warranted, pursuant to section 776(b) of the Act. By failing to submit
responses to Commerce's CVD questionnaire, these two non-responsive
companies did not cooperate to the best of their ability in this
review. Accordingly, we continue to find that an adverse inference is
warranted to ensure that the non-responsive companies will not obtain a
more favorable result than if they had fully complied with Commerce's
request for information. Our application of adverse facts available to
these two non-responsive companies has not changed since the
Preliminary Results. For more information, see ``Use of Facts Otherwise
Available and Adverse Inferences'' in the Preliminary Results PDM.
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 two companies (i.e., Benxi Wood Company and Dalian
Jaenmaken Wood Industry Co., Ltd.) which remain subject to this review
and which were not selected as mandatory respondents or found to be
cross-owned with a mandatory respondent. Because only the rate
calculated for mandatory respondent Riverside Plywood Corporation
(Riverside) is above de minimis and not based entirely on facts
available, we assigned the subsidy rate calculated for Riverside to
Benxi Wood Company and Dalian Jaenmaken Wood Industry Co., Ltd. This
methodology is consistent with our practice for establishing an all-
others subsidy rate pursuant to section 705(c)(5)(A) of the Act.
Final Results of Administrative Review
We determine the counteravailable subsidy rates for the mandatory
and non-selected respondents under review for the period of January 1,
2022, through December 31, 2022 are as follows
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\6\ Cross-owned affiliates are Baroque Timber (Zhongshan)
Industries, Suzhou Times Flooring Co., Ltd., and Zhongshan Lianjia
Flooring Co., Ltd.
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Subsidy rate (percent
Producer/exporter ad valorem)
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Riverside Plywood Corporation and Its Cross- 10.51
Owned Affiliate \6\...........................
Huzhou Fulinmen Imp. & Exp. Co., Ltd........... 430.38
Tongxiang Jisheng Import and Export Co., Ltd... 430.38
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Review Specific Rate for Non-Examined Companies
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Benxi Wood Company............................. 10.51
Dalian Jaenmaken Wood Industry Co., Ltd........ 10.51
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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 has determined, and U.S.
Customs and Border Protection (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. We intend to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of these final results of review 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 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.\7\ 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.
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\7\ See, e.g., Honey from Argentina: Results of Countervailing
Duty Administrative Review, 69 FR 29518 (May 24, 2004), and
accompanying IDM at Issue 4.
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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 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, and 19 CFR
351.221(b)(5).
Dated: September 12, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. Non-Selected Companies Under Review
V. Subsidies Valuation Information
VI. Changes Since the Preliminary Results
VII. Use of Facts Otherwise Available
VIII. Analysis of Programs
IX. Discussion of the Issues
Comment 1: Whether Commerce Should Grant Riverside Plywood an
Entered Value Adjustment
Comment 2: Whether Commerce Erroneously Applied Adverse Facts
Available to Find That Input Suppliers are Government Authorities
Comment 3: Whether Commerce Made Certain Errors in its
Preliminary Calculations
X. Recommendation
[FR Doc. 2025-18134 Filed 9-18-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 19, 2025.
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