Department Of Commerce Issues Preliminary Determination That Multilayered Flooring From China Should Be Assessed Antidumping Duties

June 6, 2011

On May 26, 2011, the U. S. Department of Commerce (Commerce) published a notice in the Federal Register that it has preliminarily determined that there is dumping on multilayered flooring (MLF) from China. Commerce had previously issued a preliminary determination that MLF from China is subject to countervailing duties.

The Federal Register Notice states that Commerce has determined that the antidumping (AD) duty rate for all but two reviewed companies is 10.88%.  The other two reviewed companies received a zero duty rate.  For all Chinese suppliers who were not reviewed, the PRC-wide entity rate is 82.65%.

What Happens Next

Effective May 26, 2011, importers will need to post a cash deposit or a bond for the amount of the AD duties.  The rates for deposit are the rates for reviewed suppliers who have received their own rate, and for all other PRC exporters who have not received their own rate, the PRC-wide entity rate of 82.65%.  Commerce will also instruct U. S. Customs and Border Protection (CBP) to suspend liquidation of all appropriate entries of MLF from China. 

Interested parties will have 20 days, up to and including June 15, 2011, in which to submit comments with regard to any scope related issues. 

For all other non-scope related issues, written comments may be submitted to Commerce no later than 7 days after the date in which the final verification report is issued in this proceeding. 

Commerce will now proceed to prepare and issue its final determination which has a current deadline of August 2, 2011.  However, this deadline may be extended under the governing statute.

If you have any questions about these issues, please contact Steve Spraitzar at (415) 288‑0427 or via email at steve.spraitzar@tuttlelaw.com.

Stephen 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 © 2011 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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