[Federal Register Volume 78, Number 104 (Thursday, May 30, 2013)]
[Notices]
[Pages 32367-32369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12855]
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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 Antidumping Duty New Shipper Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
a new shipper review of the antidumping duty order on multilayered wood
flooring (``MLWF'') from the People's Republic of China (``PRC''). The
period of review (``POR'') is May 26, 2011 through May 31, 2012. The
review covers one exporter of subject merchandise, Power Dekor Group
Co., Ltd. (``Power Dekor''). We have preliminarily found that Power
Dekor has not made sales of subject merchandise at less than normal
value.
DATES: Effective Date: May 30, 2013.
FOR FURTHER INFORMATION CONTACT: Trisha Tran, AD/CVD Operations, Office
4, Import Administration, International Trade Administration,
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-4852.
SUPPLEMENTARY INFORMATION:
[[Page 32368]]
Scope of the Order
The merchandise covered by the order includes MLWF, subject to
certain exceptions.\1\ The subject merchandise is currently
classifiable under Harmonized Tariff Schedule of the United States
(``HTSUS'') subheadings: 4412.31.0520; 4412.31.0540; 4412.31.0560;
4412.31.2510; 4412.31.2520; 4412.31.4040; 4412.31.4050; 4412.31.4060;
4412.31.4070; 4412.31.4075; 4412.31.4080; 4412.31.5125; 4412.31.5135;
4412.31.5155; 4412.31.5165; 4412.31.6000; 4412.31.9100; 4412.32.0520;
4412.32.0540; 4412.32.0560; 4412.32.0565; 4412.32.0570; 4412.32.2510;
4412.32.2520; 4412.32.2525; 4412.32.2530; 4412.32.3125; 4412.32.3135;
4412.32.3155; 4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.5600;
4412.39.1000; 4412.39.3000; 4412.39.4011; 4412.39.4012; 4412.39.4019;
4412.39.4031; 4412.39.4032; 4412.39.4039; 4412.39.4051; 4412.39.4052;
4412.39.4059; 4412.39.4061; 4412.39.4062; 4412.39.4069; 4412.39.5010;
4412.39.5030; 4412.39.5050; 4412.94.1030; 4412.94.1050; 4412.94.3105;
4412.94.3111; 4412.94.3121; 4412.94.3131; 4412.94.3141; 4412.94.3160;
4412.94.3171; 4412.94.4100; 4412.94.5100; 4412.94.6000; 4412.94.7000;
4412.94.8000; 4412.94.9000; 4412.94.9500; 4412.99.0600; 4412.99.1020;
4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120; 4412.99.3130;
4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170; 4412.99.4100;
4412.99.5100; 4412.99.5105; 4412.99.5115; 4412.99.5710; 4412.99.6000;
4412.99.7000; 4412.99.8000; 4412.99.9000; 4412.99.9500; 4418.71.2000;
4418.71.9000; 4418.72.2000; and 4418.72.9500.
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\1\ See Memorandum from Gary Taverman, Senior Advisor for
Antidumping Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Import Administration ``Decision Memorandum
for Preliminary Results of Antidumping Duty New Shipper Review:
Multilayered Wood Flooring from the People's Republic of China,''
dated May 23, 2013 (``Preliminary Decision Memorandum'') for a full
description of the Scope of the Order.
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The HTSUS subheadings are provided for convenience and customs
purposes only; the written product description of the scope of the
order is dispositive.
Methodology
The Department is conducting this review in accordance with
sections 751(a)(1)(B) and 751(a)(2)(B) of the Tariff Act of 1930, as
amended (``the Act'') and 19 CFR 351.214. The Department calculated
export prices in accordance with section 772 of the Act. Because the
PRC is a nonmarket economy (``NME'') within the meaning of section
771(18) of the Act, the Department calculated normal value in
accordance with section 773(c) of the Act. Specifically, we valued the
respondent's factors of production using the Philippines as the
surrogate country, which is economically comparable to the PRC and a
significant producer of comparable merchandise.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, dated
concurrently with these results and hereby adopted by this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
Internet at http://www.trade.gov/ia. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of New Shipper Review
The Department preliminarily determines that the following
weighted-average dumping margin exists:
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Weighted-
average
Exporter Producer dumping margin
(percent)
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Power Dekor Group Co., Ltd..... Guangzhou Homebon 0.00
Timber Manufacturing
Co., Ltd.
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Disclosure and Public Comment
The Department will disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit written comments no later than 30 days
after the date of publication of these preliminary results of
review.\2\ Rebuttals to written comments may be filed no later than
five days after the written comments are filed.\3\
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\2\ See 19 CFR 351.309(c).
\3\ See 19 CFR 351.309(d).
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Any interested party may request a hearing within 30 days of
publication of this notice.\4\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230.\5\
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\4\ See 19 CFR 351.310(c).
\5\ See 19 CFR 351.310(d).
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The Department will issue the final results of this new shipper
review, which will include the results of its analysis of issues raised
in any such comments, within 90 days of publication of these
preliminary results, pursuant to section 751(a)(3)(A) of the Act.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for
submission of publicly available information to value factors of
production under 19 CFR 351.408(c) is 20 days after the date of
publication of the preliminary results. In accordance with 19 CFR
351.301(c)(4), if an interested party submits factual information less
than ten days before, on, or after (if the Department has extended the
deadline), the applicable deadline for submission of such factual
information, an interested party may submit factual information to
rebut, clarify, or correct the factual
[[Page 32369]]
information no later than ten days after such factual information is
served on the interested party. However, the Department generally will
not accept in the rebuttal submission additional or alternative
surrogate value information not previously on the record, if the
deadline for submission of surrogate value information has passed.\6\
Furthermore, the Department generally will not accept business
proprietary information in either the surrogate value submissions or
the rebuttals thereto, as the regulation regarding the submission of
surrogate values allows only for the submission of publicly available
information.\7\
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\6\ See, e.g., Glycine from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at Comment 2.
\7\ See 19 CFR 351.301(c)(3).
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Assessment Rates
Upon issuing the final results of the new shipper review, the
Department shall determine, and U.S. Customs and Border Protection
(``CBP'') shall assess, antidumping duties on all appropriate entries.
The Department intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of this new shipper
review. For any individually examined respondents whose weighted-
average dumping margin is above de minimis, we will calculate importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\8\
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\8\ In these preliminary results, the Department 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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We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this new shipper review when the
importer-specific assessment rate calculated in the final results of
this review is above de minimis. Where either the respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
The Department recently announced a refinement to its assessment
practice in NME cases. Pursuant to this refinement in practice, for
entries that were not reported in the U.S. sales databases submitted by
Power Dekor for this new shipper review, the Department will instruct
CBP to liquidate such entries at the PRC-wide rate. In addition, if the
Department determines that the exporter under review had no shipments
of the subject merchandise, any suspended entries that entered under
that exporter's case number (i.e., at that exporter's rate) will be
liquidated at the PRC-wide rate.\9\
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\9\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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The final results of this new shipper review shall be the basis for
the assessment of antidumping duties on entries of merchandise covered
by the final results of this review and for future deposits of
estimated duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this new shipper review for
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by sections 751(a)(2)(C) of the Act: (1) For merchandise
produced by Guangzhou Homebon Timber Manufacturing Co. Ltd. and
exported by Power Dekor, the cash deposit rate will be that established
in the final results of this review (except, if the rate is zero or de
minimis, then zero cash deposit will be required); (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
that received a separate rate in a prior segment of this proceeding,
the cash deposit rate will continue to be the existing producer/
exporter-specific combination rate; (3) for all PRC exporters of
subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be that for the PRC-wide
entity; and (4) for all non-PRC exporters of subject merchandise which
have not received their own rate, the cash deposit rate will be the
rate applicable to the PRC producer/exporter combination that supplied
that non-PRC exporter. These 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)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: May 23, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Scope of the Order
2. Bona Fide Sale Analysis
3. Non-Market Economy Country Status
4. Separate Rates
5. Surrogate Country
6. Economic Comparability
7. Significant Producer of Comparable Merchandise
8. Data Availability
9. Date of Sale
10. Fair Value Comparisons
11. Differential Pricing Analysis
12. U.S. Price
13. Normal Value
14. Factor Valuations
15. Currency Conversion
16. Section 777A(f) of the Act
[FR Doc. 2013-12855 Filed 5-29-13; 8:45 am]
BILLING CODE 3510-DS-P