Final Determinations of Sales at Less than Fair Value:
Federal Register Volume 76, Number 201 (Tuesday, October 18, 2011)
Notices
Pages 64318-64325
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
FR Doc No: 2011-26932
DEPARTMENT OF COMMERCE
International Trade Administration
A-570-970
Multilayered Wood Flooring From the People's Republic of China:
Final Determination of Sales at Less Than Fair Value
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 18, 2011.
SUMMARY: On May 26, 2011, the Department of Commerce (``Department'') published its preliminary determination of sales at less than fair value (``LTFV'') in the antidumping investigation of multilayered wood flooring from the People's Republic of China (``PRC'').\1\ On June 27, 2011, the Department published its amended preliminary determination of sales at LTFV in the antidumping investigation of multilayered wood flooring from the PRC.\2\ The Department invited interested parties to comment on the Preliminary Determination. Based on the Department's analysis of the comments received, the Department has made changes from the Preliminary Determination. The Department determines that multilayered wood flooring from the PRC is being, or is likely to be, sold in the United States at LTFV, as provided in section 735 of the
Tariff Act of 1930, as amended (the ``Act''). The final dumping margins for this investigation are listed in the ``Final Determination'' section below.
\1\ See Multilayered Wood Flooring from the People's Republic of
China: Preliminary Determination of Sales at Less Than Fair Value, 76 FR 30656 (May 26, 2011) (``Preliminary Determination'').
\2\ See Multilayered Wood Flooring from the People's Republic of
China: Amended Preliminary Determination of Sales at Less Than Fair
Value, 76 FR 37316 (June 27, 2011) (``Amended Preliminary
Determination'').
FOR FURTHER INFORMATION CONTACT: Charles Riggle, John Hollwitz, Brandon
Petelin or Erin Kearney, AD/CVD Operations, Office 4, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-0650, (202) 482-2336, (202) 482-8173 or
(202) 482-0167, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published its Preliminary Determination of sales at
LTFV and postponement of the final determination on May 26, 2011. On
May 31, 2011, Riverside Plywood Corporation, Samling Elegant Living
Trading (Labuan) Limited, Baroque Timber Industries (Zhongshan) Co.
Ltd., Samling Global USA, Inc., Samling Riverside Co., Ltd. and Suzhou
Times Flooring Co., Ltd.(collectively, the ``Samling Group'') and
Vicwood Industry (Suzhou) Co., Ltd. (``Vicwood'') submitted timely ministerial error allegations. The Department published its Amended
Preliminary Determination of sales at LTFV on June 27, 2011. Following the release of Amended Preliminary Determination, on June 23, 2011,
Shanghai Lizhong Wood Products Co., Ltd. (``Lizhong'') filed a submission requesting to correct Shanghai Lizhong Wood Products Co.,
Ltd.'s name as specified in its Separate Rate Application, or at minimum to instruct U.S Customs and Border Protection (``CBP'') of the correct name for Lizhong. See Separate Rate section below.
Between June 2, 2011 and July 1, 2011, the Department conducted verification of mandatory respondents Zhejiang Yuhua Timber Co., Ltd.
(``Yuhua''), Zhejiang Layo Wood Industry Co., Ltd. (``Layo Wood''), and the Samling Group.\3\ On July 6, 2011, the Department received a supplemental questionnaire response from Vicwood.
\3\ See the ``Verification'' section below.
The Coalition for American Hardwood Parity (``Petitioner''), Style
Limited, Shanghai Lizhong Wood Products Co., Ltd/The Lizhong Wood
Industry Limited Company of Shanghai (``Lizhong''), Lumber Liquidators
Services, LLC (``Lumber Liquidators''), Home Legend LLC (``Home
Legend''), Armstrong Wood Products (Kunshan) Co., Ltd. (``Armstrong
Kunshan''), Fine Furniture (Shanghai) Limited (``Fine Furniture''),
Chinafloors Timber (China) Co., Ltd. (``Chinafloors''), the Government of the People's Republic of China (``GOC''), Yuhua, Samling Group, and
Layo Wood submitted case briefs on August 4, 2011. On August 9, 2011,
Petitioner, Style Limited, Lumber Liquidators, Home Legend, Armstrong
Kunshan, Fine Furniture, Yuhua, Samling Group, and Layo Wood filed rebuttal briefs. In addition, on August 15, 2011, respondent Layo Wood resubmitted its August 4, 2011 case brief.\4\ The Department conducted a public hearing on August 24, 2011.
\4\ Letter from Zhejiang Layo Wood Industry Co., Ltd. to
Secretary of Commerce, ``Multilayered Wood Flooring From the
People's Republic of China: Resubmission of August 5, 2011 Case
Brief'' (Aug. 15, 2011).
Period of Investigation
The period of investigation (``POI'') is April 1, 2010, through
September 30, 2010. This period corresponds to the two most recent fiscal quarters prior to the month of the filing of the petition, which was October 2010.\5\
\5\ See 19 CFR 351.204(b)(1).
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to this investigation, as well as comments received pursuant to the
Department's requests are addressed in the Issues and Decisions
Memorandum.\6\ A list of the issues which the parties raised and to which the Department responds in the Issues and Decision Memorandum is attached to this notice as Appendix I. The Issues and 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). Access to IA ACCESS is available in the Central Records Unit (CRU), room 7046 of the main Department of
Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the Internet at http://www.trade.gov/ia/. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content.
\6\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Deputy Assistant Secretary for Import
Administration, ``Issues and Decision Memorandum for the Final
Determination in the Antidumping Duty Investigation of Wood Flooring from the People's Republic of China'' (October 11, 2011) (``Issues and Decision Memorandum'').
Changes Since the Preliminary Determination
Changes Applicable to Multiple Companies 1. The Department changed the surrogate value (``SV'') of non- coniferous, non-tropical core veneer inputs from Philippine Harmonized
Tariff Schedule (``HTS'') 4408.90.10 to Philippine HTS 4408.90.90.\7\
\7\ See Issues and Decision Memorandum at Comment 16; see also
Memorandum regarding: Antidumping Duty Investigation of Multilayered
Wood Flooring from the People's Republic of China: Final Surrogate
Value Memorandum dated concurrently with this memorandum (``Final
Surrogate Value Memorandum'').
Page 64319
-
The Department changed the SV for high density fiberboard inputs from Philippine HTS 4411.19 to a simple average of Philippine HTS 4411.11 and Philippine HTS 4411.21.\8\
\8\ See Issues and Decision Memorandum at Comment 20; see also
Final Surrogate Value Memorandum.
-
To value plywood, the Department is relying on the Philippines
Department of Environment and Natural Resources, Forest Management
Bureau (``FMB'')'s 2009 price data for lauan plywood, inflated to the
POI. In doing so, the Department is averaging the prices of 4.7625 millimeter (mm) thick, 6.35 mm thick, and 12.7 mm thick plywood for all of 2009.\9\
\9\ See Issues and Decision Memorandum at Comment 13; see also
Final Surrogate Value Memorandum.
-
The Department is valuing the Samling Group's finish inputs
(i.e., top coat and base coat) and Layo Wood's paint inputs using POI
Philippine National Statistics Office (``NSO'') data from the eight- digit Philippine HTS category 3208.20.90.\10\
\10\ See Issues and Decision Memorandum at Comment 19; see
Memorandum regarding: Antidumping Duty Investigation of Multilayered
Wood Flooring from the People's Republic of China: Final
Determination Analysis Memorandum for the Samling Group, dated concurrently with this memorandum (``Samling's Final Analysis
Memo''); see Memorandum regarding: Antidumping Duty Investigation of
Multilayered Wood Flooring from the People's Republic of China:
Final Determination Analysis Memorandum for Layo Wood, dated concurrently with this memorandum (``Layo Wood's Final Analysis
Memo'').
-
The Department changed the data it relied upon to calculate a surrogate labor rate from 2006 ``compensation of employees'' data to 2002 ``labor cost'' data.\11\
\11\ See Issues and Decision Memorandum at Comment 6; see also
Final Surrogate Value Memorandum.
-
The Department changed the financial statements used to calculate financial ratios from four 2009 statements of Philippine plywood producers to three 2010 statements of Philippine plywood producers.\12\
\12\ See Issues and Decision Memorandum at Comment 1; see also
Final Surrogate Value Memorandum.
-
The Department changed the source of information it used to calculate the truck rate from Indian truck rate data to the
Confederation of Truckers Association of the Philippines, Inc.\13\
\13\ See Issues and Decision Memorandum at Comment 18; see also
Final Surrogate Value Memorandum.
-
The Department stated in its Preliminary Surrogate Value
Memorandum that it was relying upon the International Monetary Fund's
(``IMF'') Wholesale Price Index (``WPI'') for the Philippines and India to reflect inflation or deflation of non-contemporaneous surrogate values.\14\ The Department, instead, inadvertently used the IMF's
Consumer Price Index (``CPI'') for the Philippines and India in its surrogate value calculations. Although no parties commented on this issue, the Department has changed the indices it used in inflation and deflation calculations for the final determination, to reflect its originally intended methodology. Due to changes in IMF index reporting terminology, the Department finds that the closest available index for the Philippines and India is the Producer Price Index (``PPI'').
Therefore, the Department has calculated the inflation or deflation of non-contemporaneous surrogate values for the final determination based on PPI.\15\
\14\ See Memorandum regarding: Antidumping Duty Investigation of
Multilayered Wood Flooring from the People's Republic of China:
Preliminary Surrogate Value Memorandum, dated May 19, 2011,
(``Preliminary Surrogate value Memorandum'') at 2-3.
\15\ See Final Surrogate Value Memorandum.
-
In the Preliminary Determination, the Department used an electricity rate with an effective date of 2009, and inflated it to the
POI. For the final determination, the Department finds that inflating the electricity rate does not represent the best available information because utility rates generally represent the current rate as of the listed effective date. Therefore, the Department did not inflate the electricity value to the POI for the final determination.\16\
\16\ See Final Surrogate Value Memorandum.
-
For the final determination the Department we have valued Layo
Wood's byproducts using a simple average of the surrogate values for
Layo Wood's wood veneer and wood core inputs.
Changes Specific to Yuhua
We made changes based on verification findings.\17\
\17\ See Yuhua's Verification Report; see Memorandum Regarding:
Antidumping Duty Investigation of Multilayered Wood Flooring from the People's Republic of China: Final Determination Analysis
Memorandum for Yuhua, dated concurrently with this memorandum
(``Yuhua's Final Analysis Memo'').
Changes Specific to Layo Wood 1. The Department changed the SV for Layo Wood's glue inputs from
Philippine HTS 3506.99 to Philippine HTS 3909.20.90.\18\
\18\ See Issues and Decision Memorandum at Comment 25; see Layo
Wood's Final Analysis Memo.
-
The Department changed the rate used to calculate the density of
Layo Wood's packing fiberboard inputs from 740 kg per cubic meter to 650 kg per cubic meter.\19\
\19\ See Issues and Decision Memorandum at Comment 30; see Layo
Wood's Final Analysis Memo.
Changes Specific to Samling Group 1. The Department is valuing the Samling Group's glue input using
POI NSO data from the eight-digit Philippine HTS category 3909.10.90,
``other; urea formaldehyde adhesive.'' \20\
\20\ See Issues and Decision Memorandum at Comment 32; see
Samling's Final Analysis Memo.
-
The Department is valuing certain Samling veneers using 2009 NSO data for Philippine HTS category 4408.39.90, which covers tropical wood veneers.\21\
\21\ See Issues and Decision Memorandum at Comment 31; see
Samling's Final Analysis Memo.
-
The Department is valuing the Samling Group's corrugated cardboard inputs using POI NSO data from the six-digit Philippine HTS category 4808.10, ``Corrugated paper and paperboard, whether or not perforated.'' \22\
\22\ See Issues and Decision Memorandum at Comment 35; see also
Samling's Final Analysis Memo.
-
The Department is valuing the Samling Group's label inputs using
POI NSO data from the six-digit Philippine HTS category 4811.41,
``Self-adhesive.'' \23\
\23\ See Issues and Decision Memorandum at Comment 33; see also
Samling's Final Analysis Memo.
-
The Department is valuing certain market economy purchases using the corrected values reported by the Samling Group at the verification of Baroque Timber Industries (Zhongshan) Co., Ltd.\24\
\24\ See Samling's Final Analysis Memo.
-
The Department has reduced the Samling Group's reported gross unit U.S. price by Samling's costs associated with U.S. inland freight from the warehouse to customer (i.e., we reduced the reported gross unit price by the INLFWCU field).\25\
\25\ See Issues and Decision Memorandum at Comment 38; see
Samling's Final Analysis Memo.
-
The Department is treating freight revenue as an offset to freight costs rather than as an addition to U.S. price.\26\
\26\ See Issues and Decision Memorandum at Comment 39; see
Samling's Final Analysis Memo.
-
The Department adjusted the Samling Group's indirect selling expense ratio to include the POI total reserve for bad debt expense.\27\
\27\ See Issues and Decision Memorandum at Comment 40; see
Samling's Final Analysis Memo.
Page 64320
Scope of the Investigation \28\
\28\ See Memorandum to Christian Marsh through Susan Kuhbach and
Nancy Decker from Joshua Morris ``Multilayered Wood Flooring from the People's Republic of China; Scope,'' dated May 19, 2011.
Multilayered wood flooring is composed of an assembly of two or more layers or plies of wood veneer(s) \29\ in combination with a core.
The several layers, along with the core, are glued or otherwise bonded together to form a final assembled product. Multilayered wood flooring is often referred to by other terms, e.g., ``engineered wood flooring'' or ``plywood flooring.'' Regardless of the particular terminology, all products that meet the description set forth herein are intended for inclusion within the definition of subject merchandise.
\29\ A ``veneer'' is a thin slice of wood, rotary cut, sliced or sawed from a log, bolt or flitch. Veneer is referred to as a ply when assembled.
All multilayered wood flooring is included within the definition of subject merchandise, without regard to: dimension (overall thickness, thickness of face ply, thickness of back ply, thickness of core, and thickness of inner plies; width; and length); wood species used for the face, back and inner veneers; core composition; and face grade.
Multilayered wood flooring included within the definition of subject merchandise may be unfinished (i.e., without a finally finished surface to protect the face veneer from wear and tear) or ``prefinished''
(i.e., a coating applied to the face veneer, including, but not exclusively, oil or oil-modified or water-based polyurethanes, ultra- violet light cured polyurethanes, wax, epoxy-ester finishes, moisture- cured urethanes and acid-curing formaldehyde finishes). The veneers may be also soaked in an acrylic-impregnated finish. All multilayered wood flooring is included within the definition of subject merchandise regardless of whether the face (or back) of the product is smooth, wire brushed, distressed by any method or multiple methods, or hand-scraped.
In addition, all multilayered wood flooring is included within the definition of subject merchandise regardless of whether or not it is manufactured with any interlocking or connecting mechanism (for example, tongue-and-groove construction or locking joints). All multilayered wood flooring is included within the definition of the subject merchandise regardless of whether the product meets a particular industry or similar standard.
The core of multilayered wood flooring may be composed of a range of materials, including but not limited to hardwood or softwood veneer, particleboard, medium-density fiberboard (``MDF''), high-density fiberboard (``HDF''), stone and/or plastic composite, or strips of lumber placed edge-to-edge.
Multilayered wood flooring products generally, but not exclusively, may be in the form of a strip, plank, or other geometrical patterns
(e.g., circular, hexagonal). All multilayered wood flooring products are included within this definition regardless of the actual or nominal dimensions or form of the product.
Specifically excluded from the scope are cork flooring and bamboo flooring, regardless of whether any of the sub-surface layers of either flooring are made from wood. Also excluded is laminate flooring.
Laminate flooring consists of a top wear layer sheet not made of wood, a decorative paper layer, a core-layer of high-density fiberboard, and a stabilizing bottom layer.
Imports of the subject merchandise are provided for under the following subheadings of the Harmonized Tariff Schedule of the United
States (``HTSUS''): 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; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.3175; 4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540; 4412.32.0560; 4412.32.2510; 4412.32.2520; 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; 4412.99.5710; 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.
In addition, imports of subject merchandise may enter the United
States under the following HTSUS subheadings: 4409.10.0500; 4409.10.2000; 4409.29.0515; 4409.29.0525; 4409.29.0535; 4409.29.0545; 4409.29.0555; 4409.29.0565; 4409.29.2530; 4409.29.2550; 4409.29.2560; 4418.71.1000; 4418.79.0000; and 4418.90.4605.
While HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise is dispositive.
Scope Comments
Scope Comments
Following the Preliminary Determination, on May 19, 2011, the
Department issued a decision memorandum addressing multiple scope issues in this and the concurrent CVD investigation of wood flooring from the PRC. See Memorandum to Christian Marsh, ``Scope'' (May 19, 2011) (``Scope Memo''). We sought comments on the scope in both the AD and CVD cases. See Letter to All Interested Parties from Nancy Decker,
Program Manager, Office 1, AD/CVD Operations, Import Administration,
``RE: Antidumping and Countervailing Duty Investigations: Multilayered
Wood Flooring from the People's Republic of China,'' (May 25, 2011).
In response, interested parties filed scope-related comments in submissions on June 6, 2011, June 14, 2011, and June 15, 2011, as well as in case briefs on August 4, 2011, and rebuttal briefs on August 8, 2011, and August 9, 2011. Additionally, a scope-related submission was received the same day the Scope Memo was released and, therefore, was not analyzed in the Scope Memo, but is addressed in this final determination. Based on our analysis of all the comments, we have changed the scope to eliminate references to certain HTSUS numbers. For a complete discussion of this change, as well as a summary of the parties' comments and the Department's positions, see the Issues and
Decision Memorandum.
Verification
As provided in section 782(i) of the Act, the Department verified the information submitted by Yuhua, Layo Wood, and the Samling Group for use in its final determination. The Department used standard verification procedures, including examination of relevant accounting and production records and
Page 64321
original source documents provided by the respondents.\30\
\30\ See Memorandum from Brandon Petelin, International Trade
Analyst, AD/CVD Operations, Office 4, to the File, Verification of
Constructed Export Sales (``CEP'') for Baroque Timber Industries
(Zhongshan) Co., Ltd. (``BTI''), Riverside Plywood Corporation
(``RPC''), Samling Elegant Living Trading (Labuan) Limited
(``SELT''), Samling Riverside Co., Ltd.(``SR''), and Suzhou Times
Flooring Co., Ltd. (``STF'') (collectively, the ``Samling Group'') at the headquarters of its U.S. affiliate (July 22, 2011);
Memorandum from Robert Greger, Senior International Trade
Accountant, AD/CVD Operations, Office 4, to the File, Verification of Constructed Export Sales (``CEP'') for Baroque Timber Industries
(Zhongshan) Co., Ltd. (``BTI''), Riverside Plywood corporation
(``RPC''), Samling Elegant Living Trading (Labuan) Limited
(``SELT''), Samling Riverside Co., Ltd. (``SR''), and Suzhou Times
Flooring Co., Ltd. (``STF'') (collectively, the ``Samling Group'') at Samling Global USA, Inc. (``SGUSA'') (July 22, 2011); Memorandum from Brandon Farlander, Senior International Trade Analyst, AD/CVD
Operations, Office 4, to the File, Verification of the Questionnaire
Responses of Zhejiang Yuhua Timber Co., Ltd (``Yuhua'') (July 21, 2011) (``Yuhua's Verification Report''); Memorandum from Brandon
Farlander, Senior International Trade Analyst, AD/CVD Operations,
Office 4, to the File, Verification of the Sales and Factors
Response of Zhejiang Layo Wood Industry Co., Ltd., in Less than Fair
Value Investigation of Multilayered Wood Flooring from the People's
Republic of China (July 22, 2011); Memorandum from Brandon Petelin,
International Trade Analyst, AD/CVD Operations, Office 4, to the
File, Verification of Sales and Factors Response of Baroque Timber
Industries (Zhongshan) Co., Ltd. (``BTI'') and Samling Elegant
Living Trading (Labuan) Limited (``SELT'') in the Less-than-Fair-
Value Investigation of Multilayered Wood Flooring (``Wood
Flooring'') from the People's Republic of China (``PRC'') (July 22, 2011); Memorandum from Brandon Petelin, International Trade Analyst,
AD/CVD Operations, Office 4, to the File, Verification of Sales and
Factors Response of Riverside Plywood Corporation (``RPC'') and
Samling Riverside Co., Ltd. (``SR'') in the Less-than-Fair-Value
Investigation of Multilayered Wood Flooring (``Wood Flooring'') from the People's Republic of China (``PRC'') (July 22, 2011).
Non-Market Economy Country
The Department considers the PRC to be a non-market economy
(``NME'') country. In accordance with section 771(18)(C)(i) of the Act, any determination that a foreign country is an NME country shall remain in effect until revoked by the administering authority. The Department has not revoked the PRC's status as an NME country. No party has challenged the designation of the PRC as an NME country in this investigation. Therefore, the Department continues to treat the PRC as an NME for purposes of this final determination.
Surrogate Country
In the preliminary determination, the Department stated that it selected the Philippines as the appropriate surrogate country to use in this investigation pursuant to section 773(c)(4) of the Act based on the following: (1) It is at a similar level of economic development;
(2) it is a significant producer of comparable merchandise; and (3) we have reliable data from the Philippines that we can use to value the
FOPs.\31\ The Department has not made changes to findings with respect to the selection of a surrogate country for the final determination.
\31\ See Memorandum to Abdelali Elouaradia from Drew Jackson,
Multilayered Wood Flooring from the People's Republic of China:
Surrogate Country Memorandum (May 19, 2011).
Separate Rate Companies
In proceedings involving NME countries, the Department holds a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assessed a single antidumping duty rate. It is the Department's policy to assign all exporters of the subject merchandise in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate.\32\
\32\ See Notice of Final Determination of Sales at Less Than
Fair Value: Sparklers from the People's Republic of China, 56 FR 20588 (May 6, 1991), and accompanying Issues and Decision Memorandum at Cmt. 1; as further developed in Notice of Final Determination of
Sales at less Than Fair Value Silicon Carbide from the People's
Republic of China, 59 FR 22585, 22587 (May 2, 1994).
In the instant investigation, the Department received timely-filed separate rate applications (``SRAs'') from 74 companies (``Separate
Rate Applicants'').\33\ In the Preliminary Determination, the
Department found that twelve wholly foreign-owned companies,\34\ demonstrated eligibility for separate rate status.\35\ In addition, the
Department found that sixty-two of the separate-rate companies that are either joint ventures between Chinese and foreign companies or are wholly Chinese-owned companies demonstrated eligibility for separate rate status. Since the publication of the Preliminary Determination, no party has commented on the eligibility of the Separate Rate Applicants for separate-rate status. However, the Department corrected the name of one of the separate rate applicants. The Department has changed the incorrect name of ``Shanghai Lizhong Wood Products Co., Ltd.
(``Lizhong'')'' to the correct name of ``Shanghai Lizhong Wood Products
Co., Ltd. also known as The Lizhong Wood Industry Limited Company of
Shanghai (``Lizhong'').'' \36\
\33\ The 74 separate-rate applicants are: (1) MuDanJiang Bosen
Wood Industry Co., Ltd., (2) Huzhou Chenghang Wood Co., Ltd., (3)
Hangzhou Hanje Tec Co., Ltd., (4) Nakahiro Jyou Sei Furniture
(Dalian) Co., Ltd., (5) Shenyang Haobainian Wooden Co., Ltd., (6)
Dalian Dajen Wood Co., Ltd., (7) HaiLin LinJing Wooden Products,
Ltd., (8) Dun Hua Sen Tai Wood Co., Ltd., (9) Dunhua Jisheng Wood
Industry Co., Ltd., (10) Hunchun Forest Wolf Industry Co., Ltd.,
(11) Guangzhou Panyu Southern Star Co., Ltd., (12) Nanjing Minglin
Wooden Industry Co., Ltd., (13) Zhejiang Fudeli Timber Industry Co.,
Ltd., (14) Suzhou Dongda Wood Co., Ltd., (15) Guangzhou Pan Yu Kang
Da Board Co., Ltd., (16) Kornbest Enterprises Ltd., (17)
Metropolitan Hardwood Floors, Inc., (18) Zhejiang Longsen Lumbering
Co., Ltd., (19) Xinyuan Wooden Industry Co., Ltd., (20) Dasso
Industrial Group Co., Ltd., (21) Hong Kong Easoon Wood Technology
Co., Ltd., (22) Armstrong Wood Products (Kunshan) Co., Ltd., (23)
Baishan Huafeng Wooden Product Co., Ltd., (24) Changbai Mountain
Development and Protection Zone Hongtu Wood Industry Co., Ltd., (25)
Changzhou Hawd Flooring Co., Ltd., (26) Dalian Jiuyuan Wood Industry
Co., Ltd., (27) Dalian Penghong Floor Products Co., Ltd., (28)
Dongtai Fuan Universal Dynamics LLC, (29) Dunhua City Dexin Wood
Industry Co., Ltd., (30) Dunhua City Hongyuan Wood Industry Co.,
Ltd., (31) Dunhua City Jisen Wood Industry Co., Ltd., (32) Dunhua
City Wanrong Wood Industry Co., Ltd., (33) Fusong Jinlong Wooden
Group Co., Ltd., (34) Fusong Qianqiu Wooden Product Co., Ltd., (35)
GTP International, (36) Guangdong Yihua Timber Industry Co., Ltd.,
(37) HaiLin LinJing Wooden Products, Ltd., (38) Huzhou Fulinmen Imp
& Exp. Co., Ltd., (39) Huzhou Fuma Wood Bus. Co., Ltd., (40) Jiafeng
Wood (Suzhou) Co., Ltd., (41) Jiashan Hui Jia Le Decoration Material
Co., Ltd., (42) Jilin Forest Industry Jinqiao Flooring Group Co.,
Ltd., (43) Karly Wood Product Limited, (44) Kunshan Yingyi-Nature
Wood Industry Co., Ltd., (45) Puli Trading Limited, (46) Shanghai
Eswell Timber Co. Ltd., (47) Shanghai Lairunde Wood Co., Ltd., (48)
Shanghai New Sihe Wood Co., Ltd., (49) Shanghai Shenlin Corporation,
(50) Shenzhenshi Huanwei Woods Co., Ltd., (51) Vicwood Industry
(Suzhou) Co., Ltd., (52) Xiamen Yung De Ornament Co., Ltd., (53)
Xuzhou Shenghe Wood Co., Ltd., (54) Yixing Lion-King Timber Industry
Co., Ltd., (55) Jiangsu Simba Flooring Industry Co., Ltd, (56)
Zhejiang Biyork Wood Co., Ltd., (57) Zhejiang Dadongwu GreenHome
Wood Co., Ltd., (58) Zhejiang Desheng Wood Industry Co., Ltd., (59)
Zhejiang Shiyou Timber Co., Ltd., (60) Zhejiang Tianzhen Bamboo &
Wood Development Co., Ltd., (61) Chinafloors Timber (China) Co.
Ltd., (62) Shanghai Lizhong Wood Products Co., Ltd., (63) Fine
Furniture (Shanghai) Limited, (64) Huzhou Sunergy World Trade Co.
Ltd., (65) Huzhou Jesonwood Co., Ltd., (66) A&W (Shanghai) Woods
Co., Ltd., (67) Fu Lik Timber (HK) Company Limited, (68) Yekalon
Industry, Inc./Sennorwell International Group (Hong Kong) Limited,
(69) Kemian Wood Industry (Kunshan) Co., Ltd., (70) Dalian Kemian
Wood Industry Co., Ltd., (71) Dalian Huilong Wooden Products Co.,
Ltd., (72) Jiangsu Senmao Bamboo and Wood Industry Co., Ltd., and
(73) Real Wood Floors, LLC.
\34\ The wholly foreign-owned Separate Rate Applicants are: (1)
Jianfeng Wood (Suzhou) Co, Ltd; (2) Fu Lik Timber (HK) Company
Limited; (3) Xiamen Yung De Ornament Co., Ltd; (4) Metropolitan
Hardwood Floors, Inc.; (5) A&W (Shanghai) Woods Co., Ltd.; (6)
Vicwood Industry (Suzhou) Co., Ltd.; (7) Armstrong Wood Products
(Kunshan) Co., Ltd.; (8) Kunshan Yingyi-Nature Wood Industry Co.,
Ltd.; (9) Dongtai Fuan Universal Dynamics LLC; (10) Yixing Lion-King
Timber Industry Co., Ltd.; (11) Chinafloors Timber (China) Co.,
Ltd.; and (12) Fine Furniture (Shanghai) Limited.
\35\ See Preliminary Determination, 76 FR at 30661.
\36\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Trisha Tran, International Trade Analyst, Office 4, Multilayered
Wood Flooring from the People's Republic of China: Request to Modify
Customs Instructions. (July 28, 2011).
Page 64322
For the final determination, the Department continues to find that the evidence placed on the record of this investigation by the Separate
Rate Applicants demonstrates both de jure and de facto absence of government control with respect to each company's respective exports of the merchandise under investigation. Thus, the Department continues to find that the Separate Rate Applicants are eligible for separate-rate status.
The separate rate is normally determined based on the weighted- average of the estimated dumping margins established for exporters and producers individually investigated, excluding zero and de minimis margins or margins based entirely on adverse facts available
(``AFA'').\37\ In this investigation, two of the individually investigated companies, Layo Wood, and the Samling Group, have estimated weighted-average dumping margins which are above de minimis and which are not based on total AFA. Therefore, because there are only two relevant weighted-average dumping margins for this final determination, using a weighted-average risks disclosure of business proprietary information. Accordingly, the Department has calculated the separate rate using a simple-average of these two margins, which is 3.31 percent.\38\
\37\ See section 735(c)(5)(A) of the Act.
\38\ See Certain Cased Pencils From the People's Republic of
China: Final Results of the Antidumping Duty Administrative Review, 75 FR 38980 (July 2010) at Comment 4.
Use of Facts Available and Adverse Facts Available
Section 776(a) of the Act provides that the Department shall apply facts available (``FA'') if (1) necessary information is not on the record, or (2) an interested party or any other person (A) withholds information that has been requested, (B) fails to provide information within the deadlines established, or in the form and manner requested by the Department, subject to subsections (c)(1) and (e) of section 782 of the Act, (C) significantly impedes a proceeding, or (D) provides information that cannot be verified as provided by section 782(i) of the Act.
Section 776(b) of the Act further provides that the Department may use an adverse inference in applying FA when a party has failed to cooperate by not acting to the best of its ability to comply with a request for information. Such an adverse inference may include reliance on information derived from the petition, the final determination, a previous administrative review, or other information placed on the record.
PRC-Wide Entity
In the Preliminary Determination, the Department determined that certain PRC exporters/producers did not respond to the Department's requests for information including information pertaining to whether they were separate from the PRC-wide entity.\39\ Thus, the Department has found that these PRC exporters/producers are part of the PRC-wide entity and the PRC-wide entity has not responded to our requests for information.\40\ No additional information was placed on the record with respect to any of these companies after the preliminary determination. Because the PRC-wide entity did not provide the
Department with requested information, pursuant to section 776(a)(2)(A) of the Act, the Department continues to find it appropriate to base the
PRC-wide rate on FA.
\39\ See Preliminary Determination, 76 FR at 30661.
\40\ Id.
The Department determines that, because the PRC-wide entity did not respond to our request for information, the PRC-wide entity has failed to cooperate to the best of its ability. Therefore, pursuant to section 776(b) of the Act, the Department finds that, in selecting from among the FA, an adverse inference is appropriate for the PRC-wide entity.
Because the Department begins with the presumption that all companies within an NME country are subject to government control, and because only the mandatory respondents and the Separate Rate Applicants have overcome that presumption, the Department is applying a single antidumping rate to all other exporters of subject merchandise from the
PRC. Such companies have not demonstrated entitlement to a separate rate.\41\ Accordingly, the PRC-wide entity rate applies to all entries of subject merchandise except for entries from Yuhua, Layo Wood, the
Samling Group, and the Separate Rate Applicants.
\41\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Market Value: Synthetic Indigo From the People's Republic of China, 65 FR 25706, 25707 (May 2, 2000).
Selection of the AFA Rate for the PRC-Wide Entity
In selecting a rate for AFA, the Department selects a rate that is sufficiently adverse ``as to effectuate the purpose of the adverse facts available rule to induce respondents to provide the Department with complete and accurate information in a timely manner.'' \42\
Further, it is the Department's practice to select a rate that insures
``that the party does not obtain a more favorable result by failing to cooperate than if it had cooperated fully.'' \43\ It is the
Department's practice to select as AFA the higher of the (a) highest margin alleged in the petition or (b) the highest calculated rate of any respondent in the investigation.\44\ In order to determine the probative value of the margins in the petition for use as AFA for purposes of this final determination, we analyzed the U.S. prices and normal values for each of the individually investigated parties. Based on this analysis, we determined that while there were U.S. prices within the range of the prices contained in the petition, the normal value information contained in the petition does not have probative value for purposes of this final determination. The Department does not find the highest calculated rate of the mandatory respondents to be sufficiently adverse to act as the AFA rate. With respect to AFA, for the final determination, we have assigned the PRC-wide entity the rate of 58.84 percent, the highest calculated transaction-specific rate among mandatory respondents. No corroboration of this rate is necessary because we are relying on information obtained in the course of this investigation, rather than secondary information.\45\
\42\ See Notice of Final Determination of Sales at Less than
Fair Value: Static Random Access Memory Semiconductors From Taiwan, 63 FR 8909, 8932 (Feb. 23, 1998).
\43\ See Brake Rotors from the People's Republic of China: Final
Results and Partial Rescission of the Seventh Administrative Review;
Final Results of the Eleventh New Shipper Review, 70 FR 69937, 69939
(Nov. 18, 2005)(quoting the Statement of Administrative Action accompanying the Uruguay Round Agreements Act, H. Doc. No. 316, 103d
Cong., 2d Session at 870 (1994)).
\44\ See, e.g., Seamless Refined Copper Pipe and Tube From the
People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 75 FR 60725, 60729 (October 1, 2010).
\45\ See 19 CFR 351.308(c) and (d) and section 776(c) of the
Act; see also Final Determination of Sales at Less Than Fair Value and Affirmative Determination of Critical Circumstances, in Part:
Light-Walled Rectangular Pipe and Tube from the People's Republic of
China, 73 FR 35652, 35653 (June 24, 2008), and accompanying Issues and Decision Memorandum at 1.
The dumping margin for the PRC-wide entity applies to all entries of the merchandise under investigation except for entries of merchandise under investigation from the exporter/manufacturer combinations listed in the chart in the ``Final Determination'' section below.
Combination Rates
In the Initiation Notice, the Department stated that it would calculate combination rates for respondents that are eligible for a
Page 64323
separate rate in this investigation.\46\ This practice is described in
Policy Bulletin 05.1, available at http://www.trade.gov/ia. In the
Amended Preliminary Determination, the Department stated that it did not grant separate combination rates to Tak Wah Building Material
(Suzhou) Co. Ltd. (``Tak Wah'') and Tech Wood International Ltd.
(``Tech Wood''), the affiliated exporters on whose behalf Vicwood submitted a separate rate application, due to incomplete and conflicting information in Vicwood's previous responses.\47\ On July 6, 2011, the Department received supplemental questionnaire responses from
Vicwood supplying the clarifying information requested by the
Department. As a result, the department is granting separate combination rates to exporters Tak Wah and Tech Wood for merchandise produced by Vicwood.
\46\ See Initiation Notice, 75 FR at 22113-14.
\47\ See Memorandum to Abdelali Elouaradia, Director, AD/CVD
Operations, Office 4, through Charles Riggle, from Brandon Petelin and Erin Kearney, Preliminary Determination of Antidumping Duty
Investigation on Multilayered Wood Flooring from the People's
Republic of China: Allegations of Ministerial Errors, dated June 20, 2011, at 4-5.
Final Determination
The Department determines that the following dumping margins exist for the period April 1, 2010, through September 30, 2010:
Weighted
Exporter
Producer
average margin
Zhejiang Layo Wood Industry Co., Zhejiang Layo Wood
3.98
Ltd.
Industry Co., Ltd.
The Samling Group **............. The Samling Group **....
2.63
Zhejiang Yuhua Timber Co., Ltd... Zhejiang Yuhua Timber
0.00
Co., Ltd.
Jiaxing Brilliant Import & Export Zhejiang Layo Wood
3.31
Co., Ltd.
Industry Co., Ltd.
MuDanJiang Bosen Wood Industry
MuDanJiang Bosen Wood
3.31
Co., Ltd.
Industry Co., Ltd.
MuDanJiang Bosen Wood Industry
Dun Hua Sen Tai Wood
3.31
Co., Ltd.
Co., Ltd.
Huzhou Chenghang Wood Co., Ltd... Huzhou Chenghang Wood
3.31
Co., Ltd.
Hangzhou Hanje Tec Co., Ltd...... Zhejiang Jiechen Wood
3.31
Industry Co., Ltd.
Nakahiro Jyou Sei Furniture
Nakahiro Jyou Sei
3.31
(Dalian) Co., Ltd.
Furniture (Dalian) Co.,
Ltd.
Shenyang Haobainian Wooden Co.,
Shenyang Sende Wood Co.,
3.31
Ltd.
Ltd.
Shenyang Haobainian Wooden Co.,
Shenyang Haobainian
3.31
Ltd.
Wooden Co., Ltd.
Shenyang Haobainian Wooden Co.,
Shanghai Demeijia Wooden
3.31
Ltd.
Co., Ltd.
Dalian Dajen Wood Co., Ltd....... Dalian Dajen Wood Co.,
3.31
Ltd.
HaiLin LinJing Wooden Products,
HaiLin LinJing Wooden
3.31
Ltd.
Products, Ltd.
Dun Hua Sen Tai Wood Co., Ltd.... Dun Hua Sen Tai Wood
3.31
Co., Ltd.
Dunhua Jisheng Wood Industry Co., Dunhua Jisheng Wood
3.31
Ltd.
Industry Co., Ltd.
Hunchun Forest Wolf Industry Co., Hunchun Forest Wolf
3.31
Ltd.
Industry Co., Ltd.
Guangzhou Panyu Southern Star
Guangzhou Jiasheng
3.31
Co., Ltd.
Timber Industry Co.,
Ltd.
Nanjing Minglin Wooden Industry
Nanjing Minglin Wooden
3.31
Co., Ltd.
Industry Co., Ltd.
Zhejiang Fudeli Timber Industry
Zhejiang Fudeli Timber
3.31
Co., Ltd.
Industry Co., Ltd.
Suzhou Dongda Wood Co., Ltd...... Suzhou Dongda Wood Co.,
3.31
Ltd.
Guangzhou Pan Yu Kang Da Board
Guangzhou Pan Yu Kang Da
3.31
Co., Ltd.
Board Co., Ltd.
Kornbest Enterprises Ltd......... Guangzhou Pan Yu Kang Da
3.31
Board Co., Ltd.
Metropolitan Hardwood Floors, Inc Dalian Huilong Wooden
3.31
Products Co., Ltd.
Metropolitan Hardwood Floors, Inc Mudanjiang Bosen Wood
3.31
Co., Ltd.
Metropolitan Hardwood Floors, Inc Nakahiro Jyou Sei
3.31
Furniture (Dalian) Co.,
Ltd.
Metropolitan Hardwood Floors, Inc Hunchun Forest Wolf
3.31
Wooden Industry Co.,
Ltd.
Metropolitan Hardwood Floors, Inc Kemian Wood Industry
3.31
(Kunshan) Co., Ltd.
Metropolitan Hardwood Floors, Inc Shenyang Haobainian
3.31
Wooden Co., Ltd.
Zhejiang Longsen Lumbering Co.,
Zhejiang Longsen
3.31
Ltd.
Lumbering Co., Ltd.
Xinyuan Wooden Industry Co., Ltd. Xinyuan Wooden Industry
3.31
Co., Ltd.
Dasso Industrial Group Co., Ltd.. Dasso Industrial Group
3.31
Co., Ltd.
Hong Kong Easoon Wood Technology Dasso Industrial Group
3.31
Co., Ltd.
Co., Ltd.
Armstrong Wood Products (Kunshan) Armstrong Wood Products
3.31
Co., Ltd.
(Kunshan) Co., Ltd.
Baishan Huafeng Wooden Product
Baishan Huafeng Wooden
3.31
Co., Ltd.
Product Co., Ltd.
Changbai Mountain Development and Changbai Mountain
3.31
Protection Zone Hongtu Wood
Development and
Industry Co., Ltd.
Protection Zone Hongtu
Wood Industry Co., Ltd.
Changzhou Hawd Flooring Co., Ltd. Changzhou Hawd Flooring
3.31
Co., Ltd.
Dalian Jiuyuan Wood Industry Co., Dalian Jiuyuan Wood
3.31
Ltd.
Industry Co., Ltd.
Dalian Penghong Floor Products
Dalian Penghong Floor
3.31
Co., Ltd.
Products Co., Ltd.
Dongtai Fuan Universal Dynamics
Dongtai Fuan Universal
3.31
LLC.
Dynamics LLC.
Dunhua City Dexin Wood Industry
Dunhua City Dexin Wood
3.31
Co., Ltd.
Industry Co., Ltd.
Dunhua City Hongyuan Wood
Dunhua City Hongyuan
3.31
Industry Co., Ltd.
Wood Industry Co., Ltd.
Dunhua City Jisen Wood Industry
Dunhua City Jisen Wood
3.31
Co., Ltd.
Industry Co., Ltd.
Dunhua City Wanrong Wood Industry Dunhua City Wanrong Wood
3.31
Co., Ltd.
Industry Co., Ltd.
Fusong Jinlong Wooden Group Co., Fusong Jinlong Wooden
3.31
Ltd.
Group Co., Ltd.
Fusong Qianqiu Wooden Product
Fusong Qianqiu Wooden
3.31
Co., Ltd.
Product Co., Ltd.
GTP International................ Jiangsu Senmao Bamboo
3.31 and Wood Industry Co.,
Ltd.
GTP International................ Jiafeng Wood (Suzhou)
3.31
Co., Ltd.
GTP International................ Suzhou Dongda Wood Co.,
3.31
Ltd.
GTP International................ Kemian Wood Industry
3.31
(Kunshan) Co., Ltd.
Guangdong Yihua Timber Industry
Guangdong Yihua Timber
3.31
Co., Ltd.
Industry Co., Ltd.
HaiLin LinJing Wooden Products,
HaiLin LinJing Wooden
3.31
Ltd.
Products, Ltd.
Huzhou Fulinmen Imp & Exp. Co.,
Huzhou Fulinmen Wood
3.31
Ltd.
Floor Co., Ltd.
Huzhou Fuma Wood Bus. Co., Ltd... Huzhou Fuma Wood Bus.
3.31
Co., Ltd.
Jiafeng Wood (Suzhou) Co., Ltd... Jiafeng Wood (Suzhou)
3.31
Co., Ltd.
Page 64324
Jiashan Hui Jia Le Decoration
Jiashan Hui Jia Le
3.31
Material Co., Ltd.
Decoration Material
Co., Ltd.
Jilin Forest Industry Jinqiao
Jilin Forest Industry
3.31
Flooring Group Co., Ltd.
Jinqiao Flooring Group
Co., Ltd.
Karly Wood Product Limited....... Karly Wood Product
3.31
Limited.
Kunshan Yingyi-Nature Wood
Kunshan Yingyi-Nature
3.31
Industry Co., Ltd.
Wood Industry Co., Ltd.
Puli Trading Ltd................. Baiying Furniture
3.31
Manufacturer Co., Ltd.
Shanghai Eswell Timber Co. Ltd... Shanghai Eswell Timber
3.31
Co. Ltd.
Shanghai Lairunde Wood Co., Ltd.. Shanghai Lairunde Wood
3.31
Co., Ltd.
Shanghai New Sihe Wood Co., Ltd.. Shanghai New Sihe Wood
3.31
Co., Ltd.
Shanghai Shenlin Corporation..... Shanghai Shenlin
3.31
Corporation.
Shenzhenshi Huanwei Woods Co.,
Shenzhenshi Huanwei
3.31
Ltd.
Woods Co., Ltd.
Tak Wah Building Material
Vicwood Industry
3.31
(Suzhou) Co. Ltd.
(Suzhou) Co., Ltd.
Tech Wood International Ltd...... Vicwood Industry
3.31
(Suzhou) Co., Ltd.
Xiamen Yung De Ornament Co., Ltd. Xiamen Yung De Ornament
3.31
Co., Ltd.
Xuzhou Shenghe Wood Co., Ltd..... Xuzhou Shenghe Wood Co.,
3.31
Ltd.
Yixing Lion-King Timber Industry Yixing Lion-King Timber
3.31
Co., Ltd.
Industry Co., Ltd.
Jiangsu Simba Flooring Industry
Yixing Lion-King Timber
3.31
Co., Ltd.
Industry Co., Ltd.
Zhejiang Biyork Wood Co., Ltd.... Zhejiang Biyork Wood
3.31
Co., Ltd.
Zhejiang Dadongwu GreenHome Wood Zhejiang Dadongwu
3.31
Co., Ltd.
GreenHome Wood Co., Ltd.
Zhejiang Desheng Wood Industry
Zhejiang Desheng Wood
3.31
Co., Ltd.
Industry Co., Ltd.
Zhejiang Shiyou Timber Co., Ltd.. Zhejiang Shiyou Timber
3.31
Co., Ltd.
Zhejiang Tianzhen Bamboo & Wood
Zhejiang Tianzhen Bamboo
3.31
Development Co., Ltd.
& Wood Development Co.,
Ltd.
Chinafloors Timber (China) Co.
Chinafloors Timber
3.31
Ltd.
(China) Co. Ltd.
Shanghai Lizhong Wood Products
Shanghai Lizhong Wood
3.31
Co., Ltd., also known as The
Products Co., Ltd.,
Lizhong Wood Industry Limited
also known as The
Company of Shanghai.
Lizhong Wood Industry
Limited Company of
Shanghai.
Fine Furniture (Shanghai) Limited Fine Furniture
3.31
(Shanghai) Limited.
Huzhou Sunergy World Trade Co.
Zhejiang Haoyun Wood
3.31
Ltd.
Co., Ltd.
Huzhou Sunergy World Trade Co.
Nanjing Minglin Wooden
3.31
Ltd.
Industry Co., Ltd.
Huzhou Sunergy World Trade Co.
Zhejiang AnJi XinFeng
3.31
Ltd.
Bamboo & Wood Co., Ltd.
Huzhou Jesonwood Co., Ltd........ Zhejiang Jeson Wood Co.,
3.31
Ltd.
Huzhou Jesonwood Co., Ltd........ Huzhou Jesonwood Co.,
3.31
Ltd.
A&W (Shanghai) Woods Co., Ltd.... A&W (Shanghai) Woods
3.31
Co., Ltd.
A&W (Shanghai) Woods Co., Ltd.... Suzhou Anxin Weiguang
3.31
Timber Co., Ltd.
Fu Lik Timber (HK) Company
Guangdong Fu Lin Timber
3.31
Limited.
Technology Limited.
Yekalon Industry, Inc./Sennorwell Jilin Xinyuan Wooden
3.31
International Group (Hong Kong)
Industry Co., Ltd.
Limited.
Kemian Wood Industry (Kunshan)
Kemian Wood Industry
3.31
Co., Ltd.
(Kunshan) Co., Ltd.
Dalian Kemian Wood Industry Co., Dalian Kemian Wood
3.31
Ltd.
Industry Co., Ltd.
Dalian Huilong Wooden Products
Dalian Huilong Wooden
3.31
Co., Ltd.
Products Co., Ltd.
Jiangsu Senmao Bamboo and Wood
Jiangsu Senmao Bamboo
3.31
Industry Co., Ltd.
and Wood Industry Co.,
Ltd.
PRC-wide Entity.................. ........................
58.84
* de minimis.
** The Samling Group consists of the following companies: Baroque Timber
Industries (Zhongshan) Co., Ltd., Riverside Plywood Corporation,
Samling Elegant Living Trading (Labuan) Limited, Samling Riverside
Co., Ltd., and Suzhou Times Flooring Co., Ltd.
Disclosure
We intend to disclose the calculations performed to parties in this proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department will instruct CBP to continue to suspend liquidation of all appropriate entries of multilayered wood flooring from the PRC as described in the
``Scope of Investigation'' section, entered, or withdrawn from warehouse, for consumption on or after May 26, 2011, the date of publication of the Preliminary Determination in the Federal Register.
The Department will instruct CBP to require a cash deposit or the posting of a bond equal to the weighted-average amount by which the normal value exceeds U.S. price, as indicated above.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (``ITC'') of the final affirmative determination of sales at LTFV. As the Department's final determination is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of multilayered wood flooring, or sales
(or the likelihood of sales) for importation, of the subject merchandise. If the ITC determines that such injury does exist, the
Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation.
Notification Regarding APO
This notice also serves as a reminder to the parties subject to administrative protective order (``APO'') of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of 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.
This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act.
Page 64325
Dated: October 11, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
Issues for Final Determination
General Issues
Comment 1: Financial Ratios
Comment 2: Adjustments to the Petitioner's Surrogate Ratio
Calculations
Comment 3: Department's Rejection of Surrogate Value Submissions
Comment 4: Targeted Dumping
Comment 5: Double Remedy
Comment 6: Labor Cost
Comment 7: Whether To Add Domestic Brokerage and Handling Expenses to Material Inputs That Were Valued Using a Market Economy Purchase
Price
Comment 8: Brokerage & Handling Adjustments To Account for Letter of
Credit Costs
Comment 9: Certain Information Submitted by Petitioner in Surrogate
Value Submission
Comment 10: Appropriateness of Countries Within a ``GNI band'' as
Surrogate Value Sources
Comment 11: Separate-Rate Margin
Comment 12: Scope Related Issues
Comment 12.A: Exclusion Requests for Plywood Panels or Veneer
Comment 12.B: Strand-Woven Lignocellulosic Flooring
Comment 12.C: Scope Language Regarding HTSUS Subheadings
Comment 12.D: Continued Requests for Certain Exclusions
General Surrogate Value Issues
Comment 13: Surrogate Value for Plywood
Comment 14: Surrogate Value for Tropical Face Veneer
Comment 15: Surrogate Value for Non-Coniferous, Non-Tropical
(``NCNT'') Face Veneer
Comment 16: Surrogate Value for NCNT Core Veneer
Comment 17: Surrogate Value for NCNT Logs and Tropical Logs
Comment 18: Domestic Truck Rate
Comment 19: Surrogate Value for Paint Inputs--the Samling Group and
Layo Wood
Comment 20: Surrogate Value for HDF
Mandatory Respondent Specific Issues
Yuhua
Comment 21: Yuhua Affiliation
Layo Wood
Comment 22: Layo Wood-Jiaxing Brilliant Affiliation
Comment 23: Whether the Wood Scrap Offset for Layo Wood Should Be
Denied
Comment 24: Surrogate Value for Layo Wood's Byproducts
Comment 25: Surrogate Value for Layo Wood's Glue
Comment 26: Surrogate Value for Pigment
Comment 27: Surrogate Value for Printing Ink
Comment 28: Surrogate Value for Paper Manual
Comment 29: Surrogate Value for Tape
Comment 30: Density Conversion for Layo Wood's Packing Fiberboard
The Samling Group
Comment 31: Value of Certain of the Samling Group's Veneer Inputs
Comment 32: Surrogate Value for the Samling Group's Glue Input
Comment 33: Surrogate Value for Labels
Comment 34: Surrogate Value for Cellophane Tape
Comment 35: Surrogate Value for Corrugated Cardboard Carton
Comment 36: Post-Verification Adjustments to the Samling Group's
Reported U.S. Sales Data
Comment 36.A: Adjustment to Gross Unit Price
Comment 36.B: U.S. Duties
Comment 37: SGUSA's Transportation Expenses
Comment 38: Inland Freight--Warehouse to Customer
Comment 39: Other Revenue for U.S. Inland Freight
Comment 40: Indirect Selling Expense Ratio of Affiliated Reseller
Comment 41: SGUSA's Indirect Selling Expense Ratio
Other Issues
Comment 42: Correction of Lizhong's Name
Comment 43: Whether the Department Should Have Selected Fine
Furniture as a Voluntary Respondent
FR Doc. 2011-26932 Filed 10-17-11; 8:45 am
BILLING CODE 3510-DS-P
