Commerce Grants New Shipper Status to 3 Chinese Companies
in Multilayered Flooring Antidumping Case


September 16, 2015

On November 7, 2014, Commerce published its final results in the Federal Register concerning certain antidumping new shipper reviews of multilayered flooring (“MLF”). These final results indicated that new shipper status was granted to Dalian Huade Wood Product Co., Ltd., Linyi Bonn Flooring Manufacturing. Co., Ltd., and Zhejiang Fuerjia Wooden Co., Ltd. The new shipper antidumping deposit rate for these three companies was determined to be zero.

As a result of this notice, U.S. importers can import MLF from these three companies without a deposit of AD. However, importers should be aware that this is for deposit purposes only at the time of entry and that the MLF goods must have been both produced and exported by one of these three Chinese companies. Final antidumping rates for entries are usually not determined until Commerce finalizes its administrative review of the shippers, which is usually more than two years after entry.  If the shipper is not named in the review, then the final rate will be the deposit rate.

New shipper applications are for exporters or producers who have shipped the merchandise within one year of the date in which the subject merchandise was first entered or withdrawn. Typically, Commerce will initiate a new shipper review in the calendar month immediately following the anniversary month or the semi-annual anniversary month of the order. The next opportunity to request a new shipper review for the MLF antidumping order will be December 2015 for entries made during the period June-November 2015. 

There are a number of requirements that must be met in order for an exporter to submit a new shipper application. Typically, there is a check list for new shippers to make sure that they have fulfilled the necessary requirements. 

If all the requirements are met, then Commerce will initiate a new shipper review and will review the importations in the 6-month or 12 month period, called the “period of review,” prior to filing of the application. One of the requirements is that there must be a least one commercial entry in the period of review. This is because Commerce needs an entry in which to determine an antidumping rate, based upon the price, etc. in the commercial shipment.

If you have any questions with regard to this newsletter or new shipper reviews in general, please contact Stephen Spraitzar at 415-288-0427 or via email at steve.spraitzar@tuttlelaw.com.

 

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 © 2015 by Tuttle Law Offices. 

All rights reserved.  Information has been obtained from sources believed to be reliable.  However, because of the possibility of human or mechanical error by our offices or by others, we do not guarantee the accuracy, adequacy, or completeness of any information and are not responsible for any errors, omissions, or for the results obtained from the use of such information.

 

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