Message body
Full text as published by U.S. Customs and Border Protection
1.
ON 12/08/2011, COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS COUNTERVAILING DUTY ORDER ON MULTILAYERED WOOD FLOORING FROM THE PEOPLE'S REPUBLIC OF CHINA (“PRC”) (76 FR 76693).
2.
MULTILAYERED WOOD FLOORING 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.
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.
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, 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 HDF, 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; 4412.31.6000; 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.
WHILE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE SUBJECT MERCHANDISE IS DISPOSITIVE.
3.
FOR IMPORTS OF MULTILAYERED WOOD FLOORING FROM THE PRC, CBP SHALL RESUME SUSPENSION OF LIQUIDATION OF ENTRIES OF SUBJECT MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 12/07/2011 (THE DATE ON WHICH THE INTERNATIONAL TRADE COMMISSION PUBLISHED ITS FINAL DETERMINATION IN THE FEDERAL REGISTER).
EFFECTIVE 12/07/2011, CBP SHALL REQUIRE A CASH DEPOSIT EQUAL TO THE SUBSIDY RATES IN EFFECT AT THE TIME OF ENTRY.
4.
COMMERCE FOUND THAT NO SUBSIDY RATE EXISTS WITH RESPECT TO MERCHANDISE MANUFACTURED AND/OR EXPORTED BY THE FOLLOWING COMPANIES.
THEREFORE, THESE COMPANIES ARE EXCLUDED FROM THE ORDER.
CBP SHOULD NOT SUSPEND LIQUIDATION OF ENTRIES OF SUBJECT MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, MANUFACTURED AND/OR EXPORTED BY THE FOLLOWING COMPANIES:
ZHEJIANG YUHUA TIMBER CO., LTD.
CASE NUMBER:
C-570-971-129
ZHEJIANG LAYO WOOD INDUSTRY CO., LTD.
CASE NUMBER: C-570-971-130
JIAXING BRILLIANT IMPORT & EXPORT CO., LTD.
CASE NUMBER: C-570-971-131
5.
SHENZHEN SHI HUANWEI WOODS CO., LTD. (C-570-971-100) WAS A MISCHARACTERIZATION OF THE ACTUAL COMPANY NAME: SHENZHENSHI HUANWEI WOODS CO., LTD.
SHENZHENSHI HUANWEI WOODS CO., LTD. IS SUBJECT TO THE ALL-OTHERS RATE, AND, THEREFORE ENTRIES FOR THIS COMPANY SHOULD BE MADE AND CASH DEPOSITS SUSPENDED UNDER C-570-971-000.
TIMES FLOORING CO., LTD. (C-570-971-107) WAS A MISCHARACTERIZATION OF THE ACTUAL COMPANY NAME: SUZHOU TIMES FLOORING CO., LTD.
SUZHOU TIMES FLOORING CO., LTD. IS SUBJECT TO THE ALL-OTHERS RATE, AND, THEREFORE ENTRIES FOR THIS COMPANY SHOULD BE MADE AND CASH DEPOSITS SUSPENDED UNDER C-570-971-000.
6.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI OR RON TRENTHAM AT THE OFFICE OF AD/CVD OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577, RESPECTIVELY (GENERATED BY O1:JSM).
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
MICHAEL B. WALSH