China Wood Flooring: CV Rates Reduced for Most in Final Determination
The International Trade Administration has issued its final affirmative determination that countervailable subsidies are being provided to producers and exporters of multilayered wood flooring from China (C-570-971). The countervailing duty rates for affected companies have been reduced for all firms but two, the China-wide rate has been revised, and 14 tariff numbers have been dropped from the scope of the investigation. Although this final CV determination takes effect October 18, 2011, ITA will only require CV cash deposits of estimated CV duties if it issues a CV duty order.
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(The ITA has also issued a final determination in the companion antidumping (AD) duty investigation. See ITT’s Online Archives 11101736 for summary.)
Amended Scope
The scope has been amended in the final determination to eliminate references to 14 “additional” Harmonized Tariff Schedule numbers.1
CV Susp/Cash Deposit thru Aug 3
The ITA has instructed U.S. Customs and Border Protection to continue the suspension of liquidation for CV duty purposes of entries of subject merchandise from April 6, 2011 through August 3, 2011.
CV Liq Reinstated and No CV Cash/Bond as of Aug 4
The ITA has also instructed CBP to discontinue the suspension of liquidation for CV duty purposes and the collection of CV duty cash deposits or bonds for subject merchandise entered on or after August 4, 2011.
CV Liq to be Suspended Again, CV Cash Deposit, if Order Issued
The ITA will issue a CV order, reinstate the CV suspension of liquidation, and require a cash deposit of estimated CV duties for entries of subject merchandise at the revised CV duty rates listed below if the International Trade Commission issues a final affirmative injury determination:2
(Note that there is no CV duty liability during the “gap period” of August 4 until the date an ITC final affirmative injury determination is published in the Federal Register.)
| Exporter/Manufacturer | Final CV Rate (Not Yet in Effect) |
|---|---|
| Fine Furniture (Shanghai) Ltd.; Great Wood (Tonghua) Ltd.; Fine Furniture Plantation (Shishou) Ltd. | 1.50% (from 2.25%) |
| Zhejiang Layo Wood Industry Co., Ltd.; Jiaxing Brilliant Import & Export Co., Ltd. (Layo) | 0.33% (from 0.00%) (de minimis3) |
| Zhejiang Yuhua Timber Co., Ltd. (Yuhua) | 0.47% (from 0.00%) (de minimis3) |
| 9 Miles Oak Flooring (China) | 26.73% (from 27.01%)4 |
| Anhui Hupo Wood Industry Co., Ltd. | 26.73% (from 27.01%) |
| Anji Tianpeng Bamboo & Wooden Floor Co., Ltd. | 26.73% (from 27.01%) |
| Anlian Wood Co., Ltd. | 26.73% (from 27.01%) |
| Beijing Forever Strong Construction & Decoration Material Co., Ltd. | 26.73% (from 27.01%) |
| Beijing New Building Material (Group) Co., Ltd. | 26.73% (from 27.01%) |
| Beijing W.A Wood Co., Ltd. | 26.73% (from 27.01%) |
| Cairun Floor Building Material Co., Ltd. | 26.73% (from 27.01%) |
| Changchun Zhongyi Wood Co., Ltd. | 26.73% (from 27.01%) |
| Changzhou Credit International Trade Co., Ltd. | 26.73% (from 27.01%) |
| Changzhou Green Spot Wood Industry Co., Ltd. | 26.73% (from 27.01%) |
| Changzhou Jiahao Wood Trade Co., Ltd. | 26.73% (from 27.01%) |
| Changzhou Leili Wood Industry Co., Ltd. | 26.73% (from 27.01%) |
| Changzhou Opls Decoration Materials Co., Ltd. | 26.73% (from 27.01%) |
| Chaohu Great Mainland Flooring Co., Ltd. | 26.73% (from 27.01%) |
| Chaohu Vgreen Timber Co., Ltd. | 26.73% (from 27.01%) |
| China Xuzhou Tengmao Wood Co., Ltd. | 26.73% (from 27.01%) |
| Chuangfu Wood Flooring Cld., Co. | 26.73% (from 27.01%) |
| Complete Flooring Supply Corporation | 26.73% (from 27.01%) |
| Dalian Brilliant Future International Trade Co., Ltd. | 26.73% (from 27.01%) |
| Dalian Hongjia Imp. & Exp. Co., Ltd. | 26.73% (from 27.01%) |
| Dalian Luming Group | 26.73% (from 27.01%) |
| Dalian Maruni Wood Works Co., Ltd. | 26.73% (from 27.01%) |
| Dalian Ontime International Trade Co. | 26.73% (from 27.01%) |
| Dalian Taiyangshi International Trading Co., Ltd. | 26.73% (from 27.01%) |
| Dalian Turuss Wood Industry Co., Ltd. | 26.73% (from 27.01%) |
| Dongguan Forest Century Wooden Co., Ltd. | 26.73% (from 27.01%) |
| Elegant Living Corporation | 26.73% (from 27.01%) |
| Foshan Linguan Wood Products Co., Ltd. | 26.73% (from 27.01%) |
| Foshan Pengbang Wood Manufacturer Co., Ltd. | 26.73% (from 27.01%) |
| Foshan Shunde Hechengchuangzhan Wood Co., Ltd. | 26.73% (from 27.01%) |
| Foshan Tocho Timber Co., Ltd. | 26.73% (from 27.01%) |
| Fujian Jianou Huayu Bamboo Industry Co., Ltd. | 26.73% (from 27.01%) |
| Fuzhou Floors China Co., Ltd. | 26.73% (from 27.01%) |
| Gao’an City Kangli Bamboo And Wooden Products Co., Ltd. | 26.73% (from 27.01%) |
| Giant Flooring | 26.73% (from 27.01%) |
| Glassical Industrial Limited | 26.73% (from 27.01%) |
| Great Forest Wood Limited | 26.73% (from 27.01%) |
| Green Elf Flooring (also Dba Hong Ding Lumber Co.) | 26.73% (from 27.01%) |
| Guangdong Guangyang Hi-Tech Industry Co., Ltd. | 26.73% (from 27.01%) |
| Guangdong Yingran Wood Industry | 26.73% (from 27.01%) |
| Guangzhou Fnen Wood Flooring | 26.73% (from 27.01%) |
| Guangzhou Homewell Trade Co., Ltd. | 26.73% (from 27.01%) |
| Guangzhou Quanfeng Wood Industry Co., Ltd. | 26.73% (from 27.01%) |
| Handan Global Wood Limited | 26.73% (from 27.01%) |
| Hangzhou Dazhuang Floor Co. | 26.73% (from 27.01%) |
| Hangzhou Fuyang Zhongjian Wood Industry Co., Ltd. | 26.73% (from 27.01%) |
| Hangzhou Kingdom Imp & Exp Trading Corp., Ltd. | 26.73% (from 27.01%) |
| Hangzhou Singular Group Co., Ltd. | 26.73% (from 27.01%) |
| Hangzhou Tianlin Industrial Co., Ltd. | 26.73% (from 27.01%) |
| Heze Lv Sen Wood Co., Ltd. | 26.73% (from 27.01%) |
| Homewell (Xiamen) Industry Co., Ltd. | 26.73% (from 27.01%) |
| Huidong Weikang Rubber & Plastic Products Co., Ltd. | 26.73% (from 27.01%) |
| Hu’Made Group | 26.73% (from 27.01%) |
| Huzhou Boge Import And Export Co., Ltd. | 26.73% (from 27.01%) |
| Huzhou Jinjie Industrial Co., Ltd. | 26.73% (from 27.01%) |
| Huzhou Natural Forest Flooring Co., Ltd. | 26.73% (from 27.01%) |
| Huzhou Tianlong Wood Co., Ltd. | 26.73% (from 27.01%) |
| Huzhou Top Wood Co., Ltd. | 26.73% (from 27.01%) |
| Huzhou Yaxin Arts & Crafts Co., Ltd. | 26.73% (from 27.01%) |
| Jiangmen Xinhui Yinhu Woodwork Co., Ltd. | 26.73% (from 27.01%) |
| Jiangsu Happy Wood Industrial Group Co., Ltd. | 26.73% (from 27.01%) |
| Jiangsu Horizon Trade Co., Ltd. | 26.73% (from 27.01%) |
| Jiangsu Kentier Wood Co., Ltd. | 26.73% (from 27.01%) |
| Jiangsu Nanyang Wood Co., Ltd. | 26.73% (from 27.01%) |
| Jiangsu Wanli Wooden Co., Ltd. | 26.73% (from 27.01%) |
| Jiangxi Kangtilong Bamboo Products Co., Ltd. | 26.73% (from 27.01%) |
| Jiashan Greenland International Trading Co., Ltd. | 26.73% (from 27.01%) |
| Jiashan Huayu Lumber Co., Ltd. | 26.73% (from 27.01%) |
| Jiashan Longsen Lumbering Co., Ltd. | 26.73% (from 27.01%) |
| Jiashan On-Line Lumber Co., Ltd. | 26.73% (from 27.01%) |
| Jiaxing Hengtong Wood Co., Ltd. | 26.73% (from 27.01%) |
| Jilin Newco Wood Industries Co., Ltd. | 26.73% (from 27.01%) |
| Jining Sensen Wood Industry Co., Ltd. | 26.73% (from 27.01%) |
| Jining Sunny Wood Co., Ltd. | 26.73% (from 27.01%) |
| Kingswood Timber | 26.73% (from 27.01%) |
| Kornbest Enterprises Ltd. | 26.73% (from 27.01%) |
| Lianyungang Shuntian Timber Co., Ltd. | 26.73% (from 27.01%) |
| Longeron I&E Co., Ltd. | 26.73% (from 27.01%) |
| Lord Parquet Industry Co., Limited. | 26.73% (from 27.01%) |
| Lyowood Industrial Co., Ltd. | 26.73% (from 27.01%) |
| Macdouglas Wood Flooring (Suzhou) Co., Ltd. | 26.73% (from 27.01%) |
| Nanjing Dimac Wood Industry Co., Ltd. | 26.73% (from 27.01%) |
| Qiaosen Wood Flooring Industry Company | 26.73% (from 27.01%) |
| Qichuang Wood Industrial Co., Ltd. | 26.73% (from 27.01%) |
| Qingdao Fuguichao Wood Co., Ltd. | 26.73% (from 27.01%) |
| Quanfa Woodwork (Shenzhen) Co., Ltd. | 26.73% (from 27.01%) |
| Shandong Fuma Commerce & Trade Co., Ltd. | 26.73% (from 27.01%) |
| Shandong Yuncheng Jinyang Wood Industry Co., Ltd. | 26.73% (from 27.01%) |
| Shanghai Chunna Industrial Co., Ltd. | 26.73% (from 27.01%) |
| Shanghai Eswell Enterprise Co., Ltd. | 26.73% (from 27.01%) |
| Shanghai Feihong Wood Products Co. | 26.73% (from 27.01%) |
| Shanghai Guangri Flooring Co., Ltd. | 26.73% (from 27.01%) |
| Shanghai Pinsheng Wood Industry Co., Ltd. | 26.73% (from 27.01%) |
| Shanghai Pujiang United Wood Co., Ltd. | 26.73% (from 27.01%) |
| Shanghai Yiming Wooden Industry Co., Ltd. | 26.73% (from 27.01%) |
| Shenyang Bask Industry Co., Ltd. | 26.73% (from 27.01%) |
| Shenzhen JianYuanXin Trade Co., Ltd. | 26.73% (from 27.01%) |
| Shuanghai Shuai Yuan Wood Industry Co., Ltd. | 26.73% (from 27.01%) |
| Sterling Pacific Wood Products Co., Ltd. | 26.73% (from 27.01%) |
| Suifenhe Sanmulin Economic and Trade Co., Ltd. | 26.73% (from 27.01%) |
| Suzhou Duolun Wood Industry Co., Ltd. | 26.73% (from 27.01%) |
| Tengmao Wood Co., Ltd. | 26.73% (from 27.01%) |
| Tianjin Zeyuan Wood Industry Co., Ltd. | 26.73% (from 27.01%) |
| Twowins Bamboo & Wood Products Co., Ltd. | 26.73% (from 27.01%) |
| Weifang Jiayuan Imp & Exp Co., Ltd. | 26.73% (from 27.01%) |
| Wenzhou Timber Group Company | 26.73% (from 27.01%) |
| Wuhan Nanhong Materials & Goods Fitting Co., Ltd. | 26.73% (from 27.01%) |
| Wuxi Haisen Decorates Material Co., Ltd. | 26.73% (from 27.01%) |
| Xiamen Homeshining Industry Co., Ltd. | 26.73% (from 27.01%) |
| Xuzhou Fuxiang Wood Co., Ltd. | 26.73% (from 27.01%) |
| Xuzhou Huanqiu Import & Export Trade Co., Ltd. | 26.73% (from 27.01%) |
| Xuzhou Tengmao Wood Co., Ltd. | 26.73% (from 27.01%) |
| Xuzhou Yijia Manufacture Co., Ltd. | 26.73% (from 27.01%) |
| Xuzhou Yijia Wood Manufacture Co., Ltd. | 26.73% (from 27.01%) |
| Yinlong Wood Products Co., Ltd. | 26.73% (from 27.01%) |
| Ys Nature International Trading Co., Ltd. | 26.73% (from 27.01%) |
| Zhejiang Assun Wood Co., Ltd. | 26.73% (from 27.01%) |
| Zhejiang Gaopai Wood Co., Ltd. | 26.73% (from 27.01%) |
| Zhejiang Huayue Wooden Products Co., Ltd. | 26.73% (from 27.01%) |
| Zhejiang Yongji Wooden Co., Ltd. | 26.73% (from 27.01%) |
| Zhejiang Yongyu Bamboo Development | 26.73% (from 27.01%) |
| Zhongshan New Oasis Wood Industry Co., Ltd. | 26.73% (from 27.01%) |
| Zhongyi Bamboo Industrial Co., Ltd. Fujian | 26.73% (from 27.01%) |
| All Others | 1.50% (from 2.25%) |
1The scope of the preliminary determination listed 84 HTS numbers under which subject merchandise could be imported. Following this list was a second paragraph that contained 14 “additional” HTS numbers under which imports of the subject merchandise could also enter. This second paragraph and the references to the following 14 “additional” HTS numbers was eliminated in the final determination: 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. ITA notes that HTS numbers are provided for convenience and customs purposes but that the written description of the merchandise is dispositive.
2If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated deposits or securities posted as a result of the suspension of liquidation will be refunded or canceled.
3Because the ITA has found de minimis CV duty rates for subject merchandise produced and exported by Layo and Yuhua, no cash deposits would be required. However, they would remain subject to the investigation.
4ITA states that this is the adverse facts available (AFA) rate for non-cooperative companies. In a departure from the Preliminary Determination, it is now applying AFA to 124 companies instead of 127 companies. It is no longer applying AFA to: Shenzhen Shi Huanwei Woods Co., Ltd.; Times Flooring Co., Ltd; or Ua Wood Floors.
(The period of investigation is Jan. 1, 2009 to Dec. 31, 2009. See ITA notice for additional information, including the complete scope, changes since the preliminary determination, etc. See ITT's Online Archives or 11040615 for summary of the ITA's preliminary CV duty determination.)
ITA AD/CV fact sheet available here.
ITA contact - Shane Subler (202) 482-0189
(FR Pub 10/18/11, C-570-971)