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AD/CV Notices: Wood Flooring, Cement

Thursday, December 08, 2011
Sandler, Travis & Rosenberg Trade Report

AD/CV Duty Orders Issued on Chinese Wood Flooring. Effective Dec. 8, the International Trade Administration has issued antidumping and countervailing duty orders on multilayered wood flooring from China.

Description of Subject Merchandise. The wood flooring subject to these orders is composed of an assembly of two or more layers or plies of wood veneer(s) in combination with a core. The several layers, along with the core, are glued or otherwise bonded together to form a final assembled product. The flooring 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, ultraviolet 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 without regard to:

• dimension (overall thickness, thickness of face ply, thickness of back ply, thickness of core, thickness of inner plies, width and length);

• wood species used for the face, back and inner veneers;

• core composition;

• face grade;

• whether the face (or back) of the product is smooth, wire brushed, distressed by any method or multiple methods, or hand-scraped;

• whether it is manufactured with any interlocking or connecting mechanism (for example, tongue-and-groove construction or locking joints); or

• whether it 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, high-density fiberboard, 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).

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, which consists of a top wear layer sheet not made of wood, a decorative paper layer, a core layer of HDF and a stabilizing bottom layer.

Imports of subject merchandise are provided for under the following 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; 4412.31.5125; 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.

AD/CV Duty Rates. The dumping margins calculated by the ITA range from zero to 58.84%, with most reviewed exporter/producer combinations receiving a margin of 3.30%. These margins will be used to determine AD duties assessed on unliquidated entries of subject merchandise entered or withdrawn from warehouse for consumption on or after May 26, 2011, the date on which the preliminary affirmative AD duty determination was published, except with respect to entries occurring after the expiration of the provisional measures period and before the publication of the International Trade Commission’s final affirmative AD injury determination. In addition, effective on that latter date, cash deposits at these rates are required for all entries of subject merchandise.

Most of the net subsidy rates calculated by the ITA are 26.73%, with two exporters/manufacturers receiving a rate of 1.50% and a zero rate for two others. These rates will be used to determine CV duties assessed on entries of subject merchandise on or after April 6, 2011, except entries made on or after Aug. 4, 2011, and prior to the date the ITC’s final affirmative CV injury determination was published.

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