Notice2025-19030
Multilayered Wood Flooring From the People's Republic of China: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results
Primary source
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Published
September 30, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On September 15, 2025, the U.S. Court of International Trade (CIT) issued its final judgment in Jiangsu Senmao Bamboo and Wood Industry Co. et al. v. United States, Court No. 22-00190, sustaining the U.S. Department of Commerce's (Commerce) third remand results pertaining to the administrative review of antidumping duty (AD) order on multilayered wood flooring (MLWF) from the People's Republic of China (China) covering the period 12/1/2019 through 11/30/2020. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results of the administrative review, and that Commerce is amending the final results with respect to the dumping margin assigned to Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. (Jiangsu Senmao).
Full Text
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<title>Federal Register, Volume 90 Issue 187 (Tuesday, September 30, 2025)</title>
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[Federal Register Volume 90, Number 187 (Tuesday, September 30, 2025)]
[Notices]
[Pages 46786-46787]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19030]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-970]
Multilayered Wood Flooring From the People's Republic of China:
Notice of Court Decision Not in Harmony With the Results of Antidumping
Administrative Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On September 15, 2025, the U.S. Court of International Trade
(CIT) issued its final judgment in Jiangsu Senmao Bamboo and Wood
Industry Co. et al. v. United States, Court No. 22-00190, sustaining
the U.S. Department of Commerce's (Commerce) third remand results
pertaining to the administrative review of antidumping duty (AD) order
on multilayered wood flooring (MLWF) from the People's Republic of
China (China) covering the period 12/1/2019 through 11/30/2020.
Commerce is notifying the public that the CIT's final judgment is not
in harmony with Commerce's final results of the administrative review,
and that Commerce is amending the final results with respect to the
dumping margin assigned to Jiangsu Senmao Bamboo and Wood Industry Co.,
Ltd. (Jiangsu Senmao).
DATES: Applicable September 25, 2025.
FOR FURTHER INFORMATION CONTACT: Faris Montgomery, 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) 482-1537.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2022, Commerce published its Final Results in the 2019-
2020 antidumping administrative review of MLWF from China.\1\ Commerce
calculated a weighted average dumping margin of 39.27 percent, using
Malaysian import data as surrogate values (SVs) for certain types of
logs, using Brazilian data for the remainder of Jiangsu Semao's
reported factors of production, and using adjusted Brazilian import
data as the basis for the SV for plywood because Commerce determined
the Spanish import data in the dataset was erroneous.
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\1\ See Multilayered Wood Flooring from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2019-2020, 87 FR 39464 (July 1,
2022) (Final Results), and accompanying Issues and Decision
Memorandum (IDM) at Comment 5.
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Jiangsu Senmao et al. challenged Commerce's Final Results. On
August 25, 2023, the CIT remanded the Final Results to Commerce,
stating that: (1) Commerce failed to provide substantial evidence to
support its determination that Brazil's SVs were sufficiently
unreliable to warrant a departure from the primary surrogate country
practice; (2) Commerce failed to justify its departure from its normal
practice by using two separate SVs instead of one; and (3) Commerce
failed to include on the record the document which it relied on to
adjust the Brazilian plywood SVs.\2\
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\2\ See Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. et al.
v. United States, Court No. 22-00190, Slip Op. 23-126 (CIT August
25, 2023).
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In its first remand redetermination, issued in October 2023,
Commerce reconsidered the SVs used for certain inputs and recalculated
Jiangsu Senmao's margin. Commerce further provided the documentation
requested by the Court and additional explanation for Commerce's
determination to revise the Brazilian SV for plywood.\3\ The CIT
remanded Commerce's decision a second time, finding that Commerce
failed to support the legality of selecting multiple surrogate
countries and the adjustment to plywood SVs was not supported by
substantial evidence.\4\
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\3\ See Final Results of Redetermination Pursuant to Remand
Order, Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. et al. v.
United States, Court No. 22-00190, Slip Op. 23-126, dated August 25,
2023 (First Remand Redetermination), available at <a href="https://access.trade.gov/public/FinalRemandRedetermination.aspx">https://access.trade.gov/public/FinalRemandRedetermination.aspx</a>.
\4\ See Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. et al.
v. United States, Court No. 22-00190, Slip Op. 24-47 (CIT April 19,
2024).
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[[Page 46787]]
In its second remand redetermination, issued in June 2024, Commerce
addressed the CIT's ruling by further explaining record evidence
demonstrating that two separate countries' SV data were viable and
justifiable.\5\ Additionally, Commerce clarified that its adjustment to
the SV data for plywood did not impact the overall calculation.\6\ The
CIT remanded Commerce for a third time, stating that Commerce must
obtain accurate data regarding the correct SVs for plywood.\7\ The CIT
additionally sustained Commerce regarding Commerce's selection of
certain SVs, explaining that Commerce correctly articulated its
analysis under its statutory obligation to consider the ``best
available information'' when determining surrogate inputs. In this
case, ``best available information'' was applied to justify the need to
use both countries' SVs.\8\
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\5\ See Final Results of Redetermination Pursuant to Remand
Order, Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. et al v.
United States, Court No. 22-00190, Slip Op. 24-47, dated April 19,
2024, (Second Remand Redetermination), available at <a href="https://access.trade.gov/public/FinalRemandRedetermination.aspx">https://access.trade.gov/public/FinalRemandRedetermination.aspx</a>.
\6\ Id.
\7\ See Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. et al.
v. United States, Court No. 22-00190, Slip Op. 25-16 (CIT February
18, 2025).
\8\ Id.
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In its third remand redetermination, issued in May 2025, Commerce
reconsidered its determination on SVs for plywood, replacing Brazilian
data with Malaysian data for plywood. As a result of this analysis,
Commerce revised Jiangsu Senmao's weighted-average dumping margin to
14.35 percent.\9\ On September 15, 2025, the CIT sustained Commerce's
third remand redetermination.\10\
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\9\ See Final Results of Redetermination Pursuant to Remand
Order, Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. et al. v.
United States, Court No. 22-00190, Slip Op. 25-16, dated May 9, 2025
(Third Remand Redetermination), available at <a href="https://access.trade.gov/public/FinalRemandRedetermination.aspx">https://access.trade.gov/public/FinalRemandRedetermination.aspx</a>.
\10\ See Jiangsu Senmao Bamboo and Wood Industry Co., Ltd. et
al. v. United States, Court No. 22-00190, Slip Op. 25-122 (CIT
September 15, 2025).
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Timken Notice
In its decision in Timken,\11\ as clarified by Diamond
Sawblades,\12\ the U.S. Court of Appeals for the Federal Circuit held
that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as
amended (the Act), Commerce must publish a notice of court decision
that is not ``in harmony'' with a Commerce determination and must
suspend liquidation of entries pending a ``conclusive'' court decision.
The CIT's September 15, 2025, judgment constitutes a final decision of
the CIT that is not in harmony with Commerce's Final Results. Thus,
this notice is published in fulfillment of the publication requirements
of Timken.
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\11\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\12\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to Jiangsu Senmao as follows:
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Weighted-average
Exporter dumping margin
(percent)
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Jiangsu Senmao Bamboo and Wood Industry Co., Ltd.... 14.35
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Cash Deposit Requirements
Because Jiangsu Senmao has a superseding cash deposit rate, i.e.,
there have been final results published in a subsequent administrative
review, we will not issue revised cash deposit instructions to U.S.
Customs and Border Protection (CBP). This notice will not affect the
current cash deposit rate.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that were exported by Jiangsu Senmao, and were
entered, or withdrawn from warehouse, for consumption during the period
from 12/01/2019 through 11/30/2020. These entries will remain enjoined
pursuant to the terms of the injunction during the pendency of any
appeals process.
In the event the CIT's ruling is not appealed, or, if appealed,
upheld by a final and conclusive court decision, Commerce intends to
instruct CBP to assess antidumping duties on unliquidated entries of
subject merchandise exported by Jiangu Senmao in accordance with 19 CFR
351.212(b). We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
ad valorem assessment rate is not zero or de minimis. Where an import-
specific ad valorem assessment rate is zero or de minimis,\13\ we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
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\13\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: September 25, 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.
[FR Doc. 2025-19030 Filed 9-29-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 30, 2025.
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