- Effective Date: Apr 09, 2022
- Period of Review: May 26, 2011 to Nov 30, 2012
- Notice of Lifting of Suspension Date: May 10, 2022
- Cite as: 79 FR 35316
Cite date: Jun 20, 2014
1.
This is a correction to message 2130405, dated 05/10/2022, to correct paragraph 1 of that message and to remove superseded information.
2.
Paragraph 1 of message 2130405 contains incorrect information about the injunction messages affected by the liquidation instructions.
Specifically, message number 4281304 (dated 10/08/2014), which is not referenced in this paragraph, should be included in this paragraph, and message 4209303 (dated 07/28/2014) should be omitted from this paragraph. The injunction referenced in message 4209303 (dated 07/28/2014) dissolved on 09/01/2020, see message 0258401 (dated 09/14/2020). In addition, the first sentence in the body of message 2130405 referenced an incorrect paragraph.
The information in that sentence is superseded by this correction; thus, the sentence has been deleted.
Below is the fully corrected message.
3.
On 02/07/2022, the U.S. Court of International Trade issued a final decision in the case of Fine Furniture (Shanghai) Limited, et al. v. United States (Consol. Court No. 14-00135). As a result of this decision, the injunctions to which messages 4206307 (dated 07/25/2014), 4209306 (dated 07/28/2014), 4218301 (dated 08/06/2014), 4281304 (dated 10/08/2014) enjoined entries which are subject to the antidumping duty order on multilayered wood flooring from the People's Republic of China for the period 05/26/2011 through 11/30/2012 exported by the companies identified in paragraph 4 below dissolved on 04/08/2022.
4.
For all shipments of multilayered wood flooring from China exported by the companies below, and entered, or withdrawn from warehouse, for consumption during the period 05/26/2011 through 11/30/2012, assess an antidumping liability equal to the percentages listed below of the entered value:
Exporter:
Dalian Kemian Wood Industry Co., Ltd.
Case Number:
A-570-970-108
Final rate:
0.00%
Exporter:
Dalian Penghong Floor Products Co., Ltd.
Case Number:
A-570-970-109
Final rate:
0.00%
Exporter:
Huzhou Chenghang Wood Co., Ltd.
Case Number:
A-570-970-122
Final rate:
0.00%
Exporter:
Huzhou Fulinmen Imp. & Exp. Co., Ltd.
Case Number:
A-570-970-123
Final rate:
0.00%
Exporter:
Jiangsu Senmao Bamboo and Wood Industry Co., Ltd.
Case Number:
A-570-970-127
Final rate:
0.00%
Exporter:
Jiangsu Simba Flooring Co., Ltd.
Case Number:
A-570-970-128
Final rate:
0.00%
Exporter:
Jiashan HuiJiaLe Decoration Material Co., Ltd.
Case Number:
A-570-970-130
Final rate:
0.00%
Exporter:
Suzhou Dongda Wood Co., Ltd.
Case Number:
A-570-970-149
Final rate:
0.00%
Exporter:
Zhejiang Shiyou Timber Co., Ltd.
Case Number:
A-570-970-212
Final rate:
0.00%
Exporter:
Dunhua City Wanrong Wood Industry Co., Ltd.
Case Number:
A-570-970-225
Final rate:
0.00%
Exporter:
Metropolitan Hardwood Floors, Inc.
Case Number:
A-570-970-137
Final rate:
0.00%
Exporter:
Baishan Huafeng Wood Product Co., Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Dalian Dajen Wood Co., Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Dasso Industrial Group Co., Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Dongtai Fuan Universal Dynamics, LLC
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Dunhua City Hongyuan Wood Industry Co., Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Fujian Wuyishan Werner Green Industry Co., Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Fusong Jinlong Wooden Group Co., Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
GTP International Limited
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Guangzhou Panyu Kangda Board Co., Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Guangzhou Panyu Southern Star Co., Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Hangzhou Hanje Tec Co., Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Hunchun Forest Wolf Wooden Industry Co., Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Jiafeng Wood (Suzhou) Co., Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Jilin Forest Industry Jinqiao Flooring Group Co., Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Kemian Wood Industry (Kunshan) Co., Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Mudanjiang Bosen Wood Industry Co., Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Nakahiro Jyou Sei Furniture (Dalian) Co., Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Puli Trading Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Shanghai Eswell Timber Co., Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Shanghai Lizhong Wood Products Co., Ltd. / The Lizhong Wood Industry Limited Company of Shanghai
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Shanghai Shenlin Corporation
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Shenzhenshi Huanwei Woods Co., Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Xuzhou Shenghe Wood Co., Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Zhejiang Fudeli Timber Industry Co., Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
Exporter:
Zhejiang Fuma Warm Technology Co., Ltd.
Case Number:
A-570-970-000
Final rate:
0.00%
5.
If a cash deposit was collected as security for an estimated antidumping duty for any shipment of merchandise described in paragraph 4 that was entered, or withdrawn from warehouse, for consumption during the period 05/26/2011 through 11/21/2011, assess antidumping liabilities equal to the amount resulting from application of paragraph 4 or equal to the amount of the cash deposit, whichever is less.
6.
Message 2130405 constitutes the notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 4.
Accordingly, notice of the lifting of suspension occurred on 05/10/2022, the date of message 2130405.
Unless instructed otherwise, for all other shipments of multilayered wood flooring from China, you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.
7.
There are no injunctions applicable to the entries covered by this instruction.
8.
The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated antidumping duties. The interest provisions are not applicable to cash posted as estimated antidumping duties before the date of publication of the antidumping duty order. Interest shall be calculated from the date payment of estimated antidumping duties is required through the date of liquidation. The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period.
9.
Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement certification in accordance with 19 CFR 351.402(f)(2) and as described under this paragraph:
a.
The importer must certify with CBP prior to liquidation (except as provided below) whether the importer has or has not been reimbursed or entered into any agreement or understanding for the payment or for the refunding to the importer by the manufacturer, producer, seller, or exporter for all or any part of the antidumping and/or countervailing duties, as appropriate. Such certification should identify the commodity and country and contain the information necessary to link the certification to the relevant entry or entry line number(s).
b.
The certification may be filed either electronically or in paper in accordance with CBP's requirements, as applicable.
c.
If an importer does not provide its certification prior to liquidation, CBP may accept the certification in accordance with its protest procedures under 19 U.S.C. 1514, unless otherwise directed.
d.
Certifications are required for entries of the relevant commodity that have been imported on or after the date of publication of the antidumping notice in the Federal Register that first suspended liquidation in that proceeding.
e.
Consistent with 19 CFR 351.402(f)(3), if an importer fails to file the certification, Commerce may presume that the importer was paid or reimbursed the antidumping or countervailing duties. Therefore, if the importer does not provide the certification prior to liquidation (or as provided above), reimbursement of the duties shall be presumed. Accordingly, if there is no certification with respect to the antidumping duty, CBP shall increase the antidumping duty by the amount of the antidumping duty. In addition, if there is no certification with respect to any applicable countervailing duty, CBP shall increase the antidumping duty by the amount of the countervailing duty. Further, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall increase the antidumping duty by the amount of the antidumping duty. In addition, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed any applicable countervailing duties, CBP shall increase the antidumping duty by the amount of the countervailing duty.
10.
This instruction to liquidate entries covered by this message does not limit CBP's independent authority, including its authority to suspend, continue to suspend, or extend liquidation of entries addressed by this message. Accordingly, CBP should examine all entries for which this message directs liquidation to determine whether any such entries are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's independent authority (e.g., Enforce and Protect Act under section 517 of the Tariff Act of 1930, as amended). If entries of subject merchandise covered by this message are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's own authority, CBP port officials should follow CBP's internal procedures with respect to continuing any suspension, the lifting of suspension, and/or continuing any extension of liquidation for such entries.
11.
If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by O4:DJ.)
12.
There are no restrictions on the release of this information.
Alexander Amdur