[Federal Register Volume 90, Number 53 (Thursday, March 20, 2025)]
[Notices]
[Pages 13142-13145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04708]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-971]
Multilayered Wood Flooring From the People's Republic of China:
Preliminary Results and Partial Rescission of Countervailing Duty
Administrative Review; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of multilayered wood flooring (wood flooring)
from the People's Republic of China (China). The period of review (POR)
is January 1, 2022, through December 31, 2022. Interested parties are
invited to comment on these preliminary results of review.
DATES: Applicable March 20, 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) 482-1955, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 13143]]
Background
On December 8, 2011, Commerce issued a countervailing duty order on
wood flooring from China.\1\ The American Manufacturers of Multilayered
Wood Flooring (the petitioner) and other interested parties requested
that Commerce conduct an administrative review of the Order. On
February 8, 2024, Commerce published in the Federal Register a notice
of initiation of an administrative review of the Order.\2\ We initiated
an administrative review with respect to 14 producers/exporters of wood
flooring from China for the POR.
---------------------------------------------------------------------------
\1\ See Multilayered Wood Flooring from the People's Republic of
China: Countervailing Duty Order, 76 FR 76693 (December 8, 2011);
and Multilayered Wood Flooring from the People's Republic of China:
Amended Antidumping and Countervailing Duty Orders, 77 FR 5484
(February 3, 2012), wherein the scope of the order was modified
(collectively, Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 8641 (February 8, 2024) (Initiation
Notice).
---------------------------------------------------------------------------
On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\3\ On August 2, 2024, Commerce
postponed the preliminary results of this review until December 13,
2024, in accordance with section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(2).\4\ Additionally, on December 9, 2024, Commerce tolled
the deadline to issue the preliminary results in this administrative
review by 90 days.\5\ The deadline for issuing these preliminary
results is now March 13, 2025.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated August
2, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
---------------------------------------------------------------------------
For events that occurred since the Initiation Notice, see the
Preliminary Decision Memorandum.\6\ 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
https://access.trade.gov. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of topics
discussed in the Preliminary Decision Memorandum is included as
Appendix I to this notice.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results in 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
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is wood flooring from China. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Final Rescission of Review, In Part
On April 9, 2024, Commerce notified interested parties that we
intended to rescind this administrative review with respect to the nine
companies listed in Appendix II, in the absence of suspended entries
during the POR.\7\ No party commented on our Intent to Rescind
Memorandum. Therefore, we find that there are no reviewable entries of
subject merchandise by the companies listed in Appendix II based on our
review of the CBP data on the record. As a result, we are rescinding
this review, in part, with respect to the nine companies listed in
Appendix II, pursuant to 19 CFR 351.213(d)(3) and (4).
---------------------------------------------------------------------------
\7\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated April 9, 2024 (Intent to Rescind Memorandum).
---------------------------------------------------------------------------
In addition, the following parties submitted no-shipment
certifications: Benxi Flooring Factory (General Partnership); Dongtai
Fuan Universal Dynamics, LLC; HaiLin LinJing Wooden Products Co., Ltd.;
Jiashan On-Line Lumber Co., Ltd.; Pinge Timber Manufacturing (Zhejiang)
Co., Ltd. (Pinge Timber); Suzhou Dongda Wood Co., Ltd.; Zhejiang Shiyou
Timber Co., Ltd. All of these companies were included in the Intent to
Rescind Memorandum, with the exception of Pinge Timber.\8\ We did not
initiate a review with respect to Pinge Timber, thus it is not subject
to this review. Therefore, as explained above, we are rescinding the
review with regard to all these companies, with the exception of Pinge
Timber because it is not under review.
---------------------------------------------------------------------------
\8\ See Intent to Rescind 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 to be countervailable, we preliminarily
determine that there is a subsidy, i.e., a financial contribution by an
``authority'' that confers a benefit to the recipient, and that the
subsidy is specific.\9\ For a full description of the methodology
underlying our preliminary conclusions, including our reliance, in
part, on adverse facts available pursuant to sections 776(a) and (b) of
the Act, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\9\ 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
As discussed above, Commerce initiated this administrative review
with respect to 14 producers/exporters. We are rescinding the review
for nine companies listed in Appendix II that had no suspended entries
during the POR. As discussed above, this group includes six companies
that certified no shipments during the POR. In addition, Commerce
selected three mandatory respondents, Riverside Plywood Corp.
(Riverside Plywood), Tongxiang Jisheng Import and Export Co., Ltd.,
(Tongxiang Jisheng) and Huzhou Fulinmen Imp. & Exp. Co., Ltd. (Huzhou
Fulinmen) for individual examination.\10\ For the remaining two
companies subject to this review, but not selected for individual
examination (i.e., Benxi Wood Company and Dalian Jaenmaken Wood
Industry Co., Ltd.), because only the rate calculated for mandatory
respondent Riverside Plywood is above de minimis and not based entirely
on facts available, we assigned the subsidy rate calculated for
Riverside Plywood to Benxi Wood Company and Dalian Jaenmaken Wood
Industry Co., Ltd. For further information on the calculation of the
non-selected respondent rate, see Preliminary Decision Memorandum at
section entitled ``Non-Selected Companies Under Review.''
---------------------------------------------------------------------------
\10\ See Memoranda, ``Respondent Selection,'' dated March 14,
2024, and ``Selection of Additional Mandatory Respondent,'' dated
April 16, 2024.
---------------------------------------------------------------------------
Rate for Non-Responsive Companies
As noted above, Huzhou Fulinmen, and Tongxiang Jisheng were
selected as mandatory respondents in this review, however, neither
company responded to Commerce's initial CVD questionnaires. We 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 preliminary results, pursuant to
sections 776(a)(2)(A) and (C) of the Act, we are basing the CVD subsidy
rates for these non-responsive companies on facts otherwise available.
Further, we preliminarily determine that an adverse inference is
warranted, pursuant to section 776(b) of the Act. By failing to submit
responses to Commerce's initial CVD questionnaire,
[[Page 13144]]
these two non-responsive companies did not cooperate to the best of
their ability in this review. Accordingly, we preliminarily 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. For more
information on the application of adverse facts available to these two
non-responsive companies, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memorandum.
Preliminary Results of the Review
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily find
the following net countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
rate
Producer/exporter (percent ad
valorem)
------------------------------------------------------------------------
Riverside Plywood Corp. and its Cross-Owned Affiliates \11\ 11.17
Huzhou Fulinmen Imp. & Exp. Co., Ltd....................... * 430.38
Tongxiang Jisheng Import and Export Co., Ltd............... * 430.38
Benxi Wood Company......................................... 11.17
Dalian Jaenmaken Wood Industry Co., Ltd.................... 11.17
------------------------------------------------------------------------
* Rate based entirely on facts available with adverse inferences.
Disclosure and Public Comment
---------------------------------------------------------------------------
\11\ Cross-owned affiliates are: Baroque Timber Industries
(Zhongshan) Co., Ltd.; Suzhou Times Flooring Co., Ltd.; and
Zhongshan Lianjia Flooring Co., Ltd.
---------------------------------------------------------------------------
We intend to disclose the calculations performed to parties within
five days after the date of publication of this notice.\12\ Case briefs
or other written comments may be submitted to the Assistant Secretary
for Enforcement and Compliance. Pursuant to 19 CFR 351.309(c)(1)(ii),
we have modified the deadline for interested parties to submit case
briefs to Commerce to no later than 21 days after the date of the
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\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.224(b).
\13\ See 19 CFR 351.309.
\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 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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 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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a 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
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. If a request for a hearing
is made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm the date and time of the hearing two
days before the scheduled date. Parties are reminded that all briefs
and hearing requests must be filed electronically using ACCESS \18\ and
must be served on interested parties.\19\ Electronically filed
documents must be received successfully in their entirety by 5:00 p.m.
Eastern Time within 30 days after the date of publication of this
notice.
---------------------------------------------------------------------------
\18\ See 19 CFR 351.303.
\19\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------
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
In accordance with 19 CFR 351.221(b)(4)(i), we are preliminarily
assigning subsidy rates in the amounts shown above for the producer/
exporters subject to review. Upon completion of the administrative
review, consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, and CBP shall assess,
countervailing duties on all appropriate entries covered by this
review.
For the companies for which this review is rescinded, Commerce will
instruct CBP to assess countervailing duties on all appropriate entries
at a rate equal to the cash deposit of estimated countervailing duties
required at the time of entry, or withdrawal from warehouse, for
consumption, during the period January 1, 2022, through December 31,
2022, in accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to
issue assessment instructions to CBP no earlier than 35 days after the
date of publication of the preliminary results of this review in the
Federal Register.
For the companies for which this review is not rescinded, Commerce
intends to issue assessment instructions to CBP no earlier than 35 days
after the date of publication of the final results of this 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 Requirements
In accordance with section 751(a)(1) of the Act, Commerce intends,
upon publication of the final results, to instruct CBP to collect cash
deposits of estimated countervailing duties in the amounts shown for
each of the respective companies listed above and in Appendix III 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, we
will instruct CBP to continue to collect cash deposits at the most
recent company-specific or all-others rate applicable to the company.
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Interested Parties
These preliminary results are issued and published pursuant to
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
[[Page 13145]]
Dated: March 13, 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 I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Non-Selected Companies Under Review
IV. Scope of the Order
V. Diversification of China's Economy
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Subsidies Valuation
VIII. Interest Rate Benchmarks, Discount Rates, Inputs, Land-Use
Benchmarks, and Electricity Benchmarks
IX. Analysis of Programs
X. Recommendation
Appendix II
Companies for Which Commerce Is Rescinding the Review
1. Benxi Flooring Factory (General Partnership)
2. Dongtai Fuan Universal Dynamics, LLC
3. HaiLin LinJing Wooden Products Co., Ltd.
4. Hunchun Xingjia Wooden Flooring Inc.
5. Jiangsu Mingle Flooring Co., Ltd.
6. Jiashan On-Line Lumber Co., Ltd.
7. Suzhou Dongda Wood Co., Ltd.
8. Zhejiang Longsen Lumbering Co., Ltd.
9. Zhejiang Shiyou Timber Co., Ltd.
[FR Doc. 2025-04708 Filed 3-19-25; 8:45 am]
BILLING CODE 3510-DS-P