Message body
Full text as published by U.S. Customs and Border Protection
1.
On 11/15/2012, the U.S. Court of International Trade (CIT) sustained the results of redetermination issued by Commerce pursuant to the CIT's remand involving the countervailing duty investigation of Multilayered Wood Flooring from the People's Republic of China (slip-op. 12-138, consolidated court no. 11-00533).
As a result, the cash deposit rate for Shanghai Eswell Enterprise Co., Ltd. (C-570-971-092) and Elegant Living Corporation (C-570-971-029) was amended (77 FR 71167, 11/29/2012).
2.
As a result of the CIT's final decision, the cash deposit rate for Shanghai Eswell Enterprise Co., Ltd. (C-570-971-092) and Elegant Living Corporation (C-570-971-029) has been changed to the all-others rate of 1.50%.
Therefore, effective 11/15/2012, CBP should continue to suspend liquidation for entries of subject merchandise from Shanghai Eswell Enterprise Co., Ltd. (C-570-971-092) and Elegant Living Corporation (C-570-971-029) and collect cash deposits at the countervailing duty rate of 1.50%.
3.
An HTS number has been modified as part of the scope description since issuance of the order message (message #1354305).
Therefore, Commerce is restating the scope description below.
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 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.
4.
CBP shall continue to suspend liquidation of entries of Multilayered Wood Flooring from the People's Republic of China at the required cash deposit rates until Commerce issues liquidation instructions.
5.
If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Import Administration, 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 O1:JSM)
6.
There are no restrictions on the release of this information.
Michael B. Walsh