|Multilayered wood flooring is composed of an assembly of two or more layers or plies of wood veneer(s). Veneer is referred to as a ply when assembled 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; 4418.72.9500; and 9801.00.2500; 4412.31.0620; 4412.31.0640; 4412.31.0660; 4412.31.2610; 4412.31.2620; 4412.31.4140; 4412.31.4160; 4412.31.4175; 4412.31.5225; 4412.32.0640; 4412.32.0665; 4412.32.2610; 4412.32.2625; 4412.32.3225; 4412.32.5700; 4418.74.2000; 4418.74.9000; 4418.75.4000; 4418.75.7000; 4419.79.0100 (1).
While HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise is dispositive.
Scope Rulings Made Between July 1, 2012, and September 31, 2012:
Requestor: Zhejiang Lingge; its 0.3 mm product, 1 mm product, and unfinished 1 mm product are not within the scope of the antidumping and countervailing duty orders; July 2, 2012.
Scope Rulings Made Between January 1, 2013, and March 31, 2013:
Requestor: Alston Inc. (``Alston''); Alston's two-ply hybrid flooring is not within the scope of the antidumping duty and countervailing duty orders; March 12, 2013.
Scope Rulings Made Between April 1, 2013, and June 30, 2013
Requestor: Real Wood Floors, LLC; Engineered multi-layered wood flooring converted in the People's Republic of China from rough lumber owned by Real Wood Floors is within the scope of the antidumping and countervailing duty orders; June 20, 2013 (preliminary).
Requestor: M-Wave International, LLC; M-Wave's product is outside the scope of the orders because the PVC film is a laminated plastic face layer that obscures the wood grain and texture, as opposed to a wood veneer face layer; June 24, 2013.
Scope Rulings Made Between October 1, 2013, and December 31, 2013:
Requestor: Real Wood Floors, LLC; multilayered wood flooring imported by Real Wood Floors, LLC is within the scope of the antidumping and countervailing duty orders because the physical properties, the essential characteristic, and the end use of Real Wood Floors' rough lumber are significantly altered in the People's Republic of China, such that the imported product meets the physical description of merchandise covered by the antidumping and countervailing duty orders after being processed in the People's Republic of China; December 3, 2013.
Scope Rulings Made Between April 1, 2014, and June 30, 2014:
Requestor: Shenzhenshi Huanwei Woods Co., Ltd. (Huanwei); multilayered wood flooring exported by Huanwei is not within the scope of the antidumping and countervailing duty orders because Huanwei's product is composed of only two-layers--a top layer of veneer and a base layer, whereas the scope language requires the merchandise to be composed of at least two layers, or plies, of wood veneer in combination with a core; May 13, 2014.
Scope Rulings Made Between July 1, 2015 and September 31, 2015
Requestor: Zhejiang Dadongwo GreenHome Wood Co., Ltd.; GreenHome's two-layer wood flooring is not within the scope because it lacks two or more layers of plies of wood veneer(s) in combination with a core; August 6, 2015.
Scope Rulings Made Between October 1, 2015 and December 31, 2015
Requestor: Jiangsu Keri Wood Co., Ltd.; Product--two-layer engineered wood flooring; Keri's two-layer wood flooring is not within the scope because it lacks the requisite ``two or more layers of plies of wood veneer in combination with a core''; October 16, 2015.
Requestor: Zhejiang Fuma Warm Technology Co., Ltd.; Product--two-layer engineered wood flooring; Fuma's two-layer wood flooring is not within the scope because it lacks the requisite ``two or more layers of plies of wood veneer in combination with a core''; October 16, 2015.
Footnote (1): HTS numbers 4412.31.0620 to 4418.79.0100 were added on 2/7/2017 at the request of CBP.