Scope Requests Filed to Exclude 2-Layer Flooring from Antidumping and Countervailing Duty Orders

February 27, 2013

Two scope requests were recently filed with the U.S. Department of Commerce to exclude certain 2-ply hardwood flooring products from the scope of the antidumping and countervailing duty Orders on Multilayered Wood Flooring from the Peoples Republic of China. The product in both of these scope requests was the same. One scope request was filed for the antidumping Order and the other one for the countervailing duty Order.

The product in issue has two layers, with the bottom layer consisting of a solid wood base constructed from many solid wood pieces finger-jointed together. The top layer is a thick veneer (the wear layer). The importer seeks to exclude this 2-layer product from the scope of the Orders, which encompasses multilayer wood flooring “composed of an assembly of two or more layers or plies of wood veneer(s) in combination with a core.” According to the importer, because there must be at least a minimum of three layers to fall within the scope (two wood veneers and a core), and since the product in issue has only two layers and one veneer, it is outside the scope. Further, it is argued that the  2‑layer product more closely resembles solid wood flooring, not engineered wood flooring. It would seem that the key issue for Commerce to resolve in these scope requests is whether there needs to be two or more wood veneers in order for a product to fall within the scope.

The importer has asked Commerce to issue a ruling within 45 days. Under the Commerce Department Regulations, Commerce can make a final scope ruling within 45 days if it finds that the information in the scope ruling request is sufficient to enable the Department to render a decision.

If you have any questions about this or other customs issues, please do not hesitate to contact Stephen Spraitzar at steve.spraitzar@ tuttlelaw.com or (415) 288-0427.

Stephen S. Spraitzar is an attorney with the Law Offices of George R. Tuttle in San Francisco.

 

The information in this article is general in nature, and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.

 

Copyright © 2013 by Tuttle Law Offices. 

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