81_FR_33565 81 FR 33463 - Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules From the People's Republic of China

81 FR 33463 - Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules From the People's Republic of China

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 102 (May 26, 2016)

Page Range33463-33465
FR Document2016-12540

Pursuant to section 751(b) of the Tariff Act of 1930, as amended (``the Act''), 19 CFR 351.216, and 19 CFR 351.221(c)(3), the Department of Commerce (the ``Department'') is initiating, and issuing the preliminary results, of a changed circumstances review of the antidumping duty (``AD'') order on crystalline silicon photovoltaic cells, whether or not assembled into modules, (``solar cells'') from the People's Republic of China (``PRC'') regarding whether Hangzhou Sunny Energy Science and Technology Co., Ltd. (``Hangzhou Sunny'') is the successor-in-interest to Hangzhou Zhejiang University Sunny Energy Science and Technology Co., Ltd. (``Hangzhou ZU Sunny''). Based on the information on the record, we preliminarily determine that Hangzhou Sunny is the successor-in-interest to Hangzhou ZU Sunny and, as such, is entitled to Hangzhou ZU Sunny's AD cash deposit rate with respect to entries of subject merchandise. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 81 Issue 102 (Thursday, May 26, 2016)
[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Notices]
[Pages 33463-33465]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12540]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979]


Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review: Crystalline Silicon Photovoltaic Cells, Whether 
or Not Assembled Into Modules From the People's Republic of China

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Pursuant to section 751(b) of the Tariff Act of 1930, as 
amended (``the Act''), 19 CFR 351.216, and 19 CFR 351.221(c)(3), the 
Department of Commerce (the ``Department'') is initiating, and issuing 
the preliminary results, of a changed circumstances review of the 
antidumping duty (``AD'') order on crystalline silicon photovoltaic 
cells, whether or not assembled into modules, (``solar cells'') from 
the People's Republic of China (``PRC'') regarding whether Hangzhou 
Sunny Energy Science and Technology Co., Ltd. (``Hangzhou Sunny'') is 
the successor-in-interest to Hangzhou Zhejiang University Sunny Energy 
Science and Technology Co., Ltd. (``Hangzhou ZU Sunny''). Based on the 
information on the record, we preliminarily determine that Hangzhou 
Sunny is the successor-in-interest to Hangzhou ZU Sunny and, as such, 
is entitled to Hangzhou ZU Sunny's AD cash deposit rate with respect to 
entries of subject merchandise. Interested parties are invited to 
comment on these preliminary results.

DATES: Effective May 26, 2016.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2769.

SUPPLEMENTARY INFORMATION: 

Background

    On December 7, 2012, the Department published the antidumping order 
on solar cells from the PRC in the Federal

[[Page 33464]]

Register.\1\ On April 4, 2016, Hangzhou Sunny requested that the 
Department initiate an expedited changed circumstances review to 
determine that Hangzhou Sunny is the successor-in-interest to Hangzhou 
ZU Sunny for AD purposes.\2\ On May 4, 2016, Hangzhou Sunny responded 
to a supplemental questionnaire issued by the Department on April 29, 
2016.\3\
---------------------------------------------------------------------------

    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China: Amended 
Final Determination of Sales at Less Than Fair Value, and 
Antidumping Duty Order, 77 FR 73018 (December 7, 2012) (``Order'').
    \2\ See Letter from Hangzhou Sunny to the Department regarding, 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules From the People's Republic of China: Request for 
Expedited Changed Circumstances Review'' (April 4, 2016) (``CCR 
Request'').
    \3\ See Letter from Hangzhou Sunny to the Department, regarding 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules From the People's Republic of China: Supplemental 
Response'' (May 4, 2016) (``Supplemental Response'').
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the Order is crystalline silicon 
photovoltaic cells, whether or not assembled into modules, subject to 
certain exceptions.\4\ For the full scope of the Order, see the 
accompanying preliminary decision memorandum.
---------------------------------------------------------------------------

    \4\ For a complete description of the Scope of the Order, see 
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, ``Preliminary 
Results of Changed Circumstances Review: Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the 
People's Republic of China'' (``Preliminary Results Memorandum''), 
dated concurrently with, and adopted by, this notice.
---------------------------------------------------------------------------

    Imports of the subject merchandise are provided for under the 
following subheadings of the Harmonized Tariff Schedule of the United 
States (``HTSUS''): 8501.61.0000, 8507.20.80, 8541.40.6020, 
8541.40.6030, and 8501.31.8000. While HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
subject merchandise is dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), the 
Department will conduct a changed circumstances review upon receipt of 
information concerning, or a request from an interested party for a 
review of, an AD order which shows changed circumstances sufficient to 
warrant a review of the order. In the past, the Department has used 
changed circumstances reviews to address the applicability of cash 
deposit rates after there have been changes in the name or structure of 
a respondent, such as a merger or spinoff (``successor-in-interest,'' 
or ``successorship,'' determinations). Thus, consistent with Department 
practice, the information submitted by Hangzhou Sunny, which includes 
information regarding a name change, demonstrates changed circumstances 
sufficient to warrant a review.\5\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------

    Therefore, in accordance with section 751(b)(1) of the Act and 19 
CFR 351.216(d), the Department is initiating a changed circumstances 
review to determine whether Hangzhou Sunny is the successor-in-interest 
to Hangzhou ZU Sunny.

Preliminary Determination

    When it concludes that expedited action is warranted, the 
Department may publish the notice of initiation and preliminary results 
for a changed circumstances review concurrently.\6\ The Department has 
combined the notice of initiation and preliminary results in successor-
in-interest cases when sufficient documentation has been provided 
supporting the request.\7\ In this instance, because we have determined 
that the information necessary to support the request is on the record, 
we find that expedited action is warranted, and are combining the 
notice of initiation and the notice of preliminary results in 
accordance with 19 CFR 351.221(c)(3)(ii).
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.221(c)(3)(ii).
    \7\ See, e.g., Notice of Initiation and Preliminary Results of 
Antidumping Duty Changed Circumstances Review: Certain Softwood 
Lumber Products from Canada, 70 FR 50299 (August 26, 2005).
---------------------------------------------------------------------------

    In determining whether one company is the successor to another for 
purposes of applying the AD law, the Department examines a number of 
factors including, but not limited to, changes in: (1) Management, (2) 
production facilities, (3) suppliers, and (4) customer base.\8\ While 
no one or several of these factors will necessarily provide a 
dispositive indication of succession, the Department will generally 
consider one company to be the successor to another company if its 
resulting operation is essentially the same as that of its 
predecessor.\9\ Thus, if the evidence demonstrates that, with respect 
to the production and sale of the subject merchandise, the new company 
operates as the same business entity as the prior company, the 
Department will assign the new company the cash deposit rate of its 
predecessor.\10\
---------------------------------------------------------------------------

    \8\ See, e.g., Initiation and Preliminary Results of Antidumping 
Duty Changed Circumstances Review: Multilayered Wood Flooring From 
the People's Republic of China, 79 FR 48117, 48118 (August 15, 
2014), unchanged in Multilayered Wood Flooring From the People's 
Republic of China: Final Results of Changed Circumstances Review, 79 
FR 58740 (September 30, 2014).
    \9\ Id.
    \10\ See Notice of Final Results of Changed Circumstances 
Review: Polychloroprene Rubber from Japan, 69 FR 67890 (November 22, 
2004) citing, Brass Sheet and Strip from Canada: Notice of Final 
Results of Antidumping Duty Administrative Review, 57 FR 20460 (May 
13, 1992); and, Certain Circular Welded Carbon Steel Pipes and Tubes 
from Taiwan: Initiation of Antidumping Duty Changed Circumstance 
Review, 70 FR 17063 (April 4, 2005).
---------------------------------------------------------------------------

    In its April 4, 2016 CCR Request and its May 4, 2016 Supplemental 
Response, Hangzhou Sunny provided evidence for us to preliminarily 
determine that it is the successor-in-interest to Hangzhou ZU Sunny. 
Specifically, Hangzhou Sunny demonstrated that it is essentially the 
same as Hangzhou ZU Sunny despite some changes to its predecessor's 
management, the production facility, suppliers, or the customer base 
following the name change.\11\
---------------------------------------------------------------------------

    \11\ See, generally, CCR Request and Supplemental Response.
---------------------------------------------------------------------------

    According to the information provided, although there were certain 
changes to the board of directors and management when comparing 
Hangzhou Sunny to Hangzhou ZU Sunny, Hangzhou Sunny is owned, managed 
and operated by the same principal owners as Hangzhou ZU Sunny.\12\ 
Regarding its production of the subject merchandise, Hangzhou Sunny has 
stated that its production facility is the same as that of Hangzhou ZU 
Sunny.\13\ Hangzhou Sunny also provided documentation showing that 
there has been no material changes in suppliers of inputs or services 
related to the production, sale and distribution of the subject 
merchandise \14\ or in the U.S. customer base.\15\ Based the foregoing, 
which is explained in greater detail in the Preliminary Results 
Memorandum, we preliminarily determine that Hangzhou Sunny is the 
successor-in-interest to Hangzhou ZU Sunny and, as such, that it is 
entitled to Hangzhou ZU Sunny's AD cash-deposit rate with respect to 
entries of subject merchandise.
---------------------------------------------------------------------------

    \12\ See Preliminary Results Memorandum at 3.
    \13\ Id.
    \14\ Id., at 3.
    \15\ Id.
---------------------------------------------------------------------------

    Should our final results remain the same as these preliminary 
results, effective the date of publication of the final results, we 
will instruct U.S. Customs and Border Protection to suspend liquidation 
of entries of subject merchandise exported by Hangzhou

[[Page 33465]]

Sunny at the AD cash-deposit rate applicable to Hangzhou ZU Sunny.

Public Comment

    Interested parties may submit case briefs not later than 14 days 
after the date of publication of this notice.\16\ Rebuttal briefs, 
which must be limited to issues raised in such briefs, may be filed not 
later than seven days after the due date for case briefs.\17\ Parties 
who submit case briefs or rebuttal briefs in this changed circumstances 
review are requested to submit with each argument: (1) A statement of 
the issue and (2) a brief summary of the argument with an electronic 
version included.
---------------------------------------------------------------------------

    \16\ The Department is exercising its discretion under 19 CFR 
351.309(c)(1)(ii) to alter the time limit for the filing of case 
briefs.
    \17\ The Department is exercising its discretion under 19 CFR 
351.309(d)(1) to alter the time limit for the filing of rebuttal 
briefs.
---------------------------------------------------------------------------

    Any interested party may request a hearing within 14 days of 
publication of this notice.\18\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations at the hearing will be limited to 
issues raised in the briefs. If a request for a hearing is made, 
parties will be notified of the time and date for the hearing to be 
held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230 in a room to be determined.\19\
---------------------------------------------------------------------------

    \18\ The Department is exercising its discretion under 19 CFR 
351.310(c) to alter the time limit for requesting a hearing.
    \19\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    All submissions, with limited exceptions, must be filed 
electronically using Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System 
(``ACCESS'').\20\ An electronically filed document must be received 
successfully in its entirety by 5 p.m. Eastern Time (``ET'') on the due 
date. Documents excepted from the electronic submission requirements 
must be filed manually (i.e., in paper form) with the APO/Dockets Unit 
in Room 18022 and stamped with the date and time of receipt by 5 p.m. 
ET on the due date.\21\
---------------------------------------------------------------------------

    \20\ ACCESS is available to registered users at https://access.trade.gov and available to all parties in the Central Records 
Unit, room B8024 of the main Department of Commerce building.
    \21\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------

    Consistent with 19 CFR 351.216(e), we will issue the final results 
of this changed-circumstances review no later than 270 days after the 
date on which this review was initiated or within 45 days if all 
parties agree to the outcome of the review.
    We are issuing and publishing this initiation and preliminary 
results notice in accordance with sections 751(b)(1) and 777(i)(1) of 
the Act and 19 CFR 351.216 and 351.221(c)(3).

     Dated: May 20, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-12540 Filed 5-25-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                                              Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices                                                  33463

                                                releasable transcript will be available for               The application to reorganize FTZ 191               146.41) or domestic status (19 CFR
                                                download at www.bbg.gov promptly per                    under the ASF is approved, subject to                 146.43).
                                                5 U.S.C. 552b(f).                                       the FTZ Act and the Board’s regulations,                Dated: May 29, 2016.
                                                   Information regarding member votes                   including Section 400.13, to the Board’s              Andrew McGilvray,
                                                to close the meeting and expected                       standard 2,000-acre activation limit for
                                                                                                                                                              Executive Secretary.
                                                attendees can also be found on the                      the zone, to an ASF sunset provision for
                                                                                                                                                              [FR Doc. 2016–12538 Filed 5–25–16; 8:45 am]
                                                Agency’s public Web site.                               magnet sites that would terminate
                                                                                                        authority for Site 5 if not activated                 BILLING CODE 3510–DS–P
                                                CONTACT PERSON FOR MORE INFORMATION:
                                                Persons interested in obtaining more                    within five years from the month of
                                                information should contact Oanh Tran                    approval, and to an ASF sunset
                                                                                                                                                              DEPARTMENT OF COMMERCE
                                                at (202) 203–4545.                                      provision for usage-driven sites that
                                                                                                        would terminate authority for Site 12 if              International Trade Administration
                                                Oanh Tran,                                              no foreign-status merchandise is
                                                Director of Board Operations.                           admitted for a bona fide customs                      [A–570–979]
                                                [FR Doc. 2016–12527 Filed 5–24–16; 11:15 am]            purpose within three years from the
                                                BILLING CODE 8610–01–P                                  month of approval.                                    Initiation and Preliminary Results of
                                                                                                          Signed at Washington, DC, this 13th day of          Antidumping Duty Changed
                                                                                                        May 2016.                                             Circumstances Review: Crystalline
                                                DEPARTMENT OF COMMERCE                                  Paul Piquado,                                         Silicon Photovoltaic Cells, Whether or
                                                                                                        Assistant Secretary of Commerce for                   Not Assembled Into Modules From the
                                                Foreign-Trade Zones Board                               Enforcement and Compliance, Alternate                 People’s Republic of China
                                                [Order No. 1998]                                        Chairman, Foreign-Trade Zones Board.
                                                                                                                                                              AGENCY:   Enforcement and Compliance,
                                                                                                        Attest:                                               International Trade Administration,
                                                Reorganization of Foreign-Trade Zone                    Andrew McGilvray,                                     Department of Commerce.
                                                191 Under Alternative Site Framework;                   Executive Secretary.                                  SUMMARY: Pursuant to section 751(b) of
                                                Palmdale, California                                    [FR Doc. 2016–12534 Filed 5–25–16; 8:45 am]           the Tariff Act of 1930, as amended (‘‘the
                                                                                                        BILLING CODE 3510–DS–P                                Act’’), 19 CFR 351.216, and 19 CFR
                                                  Pursuant to its authority under the Foreign-
                                                Trade Zones Act of June 18, 1934, as
                                                                                                                                                              351.221(c)(3), the Department of
                                                amended (19 U.S.C. 81a–81u), the Foreign-                                                                     Commerce (the ‘‘Department’’) is
                                                Trade Zones Board (the Board) adopts the                DEPARTMENT OF COMMERCE                                initiating, and issuing the preliminary
                                                following Order:                                                                                              results, of a changed circumstances
                                                                                                        Foreign-Trade Zones Board                             review of the antidumping duty (‘‘AD’’)
                                                   Whereas, the Board adopted the
                                                                                                                                                              order on crystalline silicon photovoltaic
                                                alternative site framework (ASF) (15                    [B–4–2016]                                            cells, whether or not assembled into
                                                CFR Sec. 400.2(c)) as an option for the
                                                                                                                                                              modules, (‘‘solar cells’’) from the
                                                establishment or reorganization of                      Foreign-Trade Zone (FTZ) 196—Fort                     People’s Republic of China (‘‘PRC’’)
                                                zones;                                                  Worth, Texas; Authorization of                        regarding whether Hangzhou Sunny
                                                   Whereas, the City of Palmdale,                       Production Activity; General Electric                 Energy Science and Technology Co.,
                                                California, grantee of Foreign-Trade                    Transportation (Locomotives, Drill                    Ltd. (‘‘Hangzhou Sunny’’) is the
                                                Zone 191, submitted an application to                   Equipment, Off-Highway Vehicle                        successor-in-interest to Hangzhou
                                                the Board (FTZ Docket B–74–2015,                        Wheels, Inverters and Brake Systems),                 Zhejiang University Sunny Energy
                                                docketed November 5, 2015) for                          Fort Worth and Haslet, Texas                          Science and Technology Co., Ltd.
                                                authority to reorganize under the ASF
                                                                                                          On January 20, 2016, General Electric               (‘‘Hangzhou ZU Sunny’’). Based on the
                                                with a service area of a portion of Los
                                                                                                        Transportation submitted a notification               information on the record, we
                                                Angeles County, California, as described
                                                                                                        of proposed production activity to the                preliminarily determine that Hangzhou
                                                in the application, adjacent to the Los
                                                                                                        Foreign-Trade Zones (FTZ) Board for its               Sunny is the successor-in-interest to
                                                Angeles/Long Beach U.S. Customs and
                                                                                                        facilities within Subzone 196B, in Fort               Hangzhou ZU Sunny and, as such, is
                                                Border Protection port of entry, FTZ
                                                                                                        Worth and Haslet, Texas.                              entitled to Hangzhou ZU Sunny’s AD
                                                191’s existing Sites 1 and 5 would be
                                                                                                                                                              cash deposit rate with respect to entries
                                                categorized as magnet sites, existing Site                The notification was processed in
                                                                                                                                                              of subject merchandise. Interested
                                                12 would be categorized as a usage-                     accordance with the regulations of the
                                                                                                                                                              parties are invited to comment on these
                                                driven site, acreage would be reduced at                FTZ Board (15 CFR part 400), including
                                                                                                                                                              preliminary results.
                                                Site 1, and Sites 2 through 4 and 6                     notice in the Federal Register inviting
                                                through 11 would be removed from the                    public comment (81 FR 5704–5707,                      DATES: Effective May 26, 2016.
                                                zone;                                                   February 3, 2016). The FTZ Board has                  FOR FURTHER INFORMATION CONTACT: Jeff
                                                   Whereas, notice inviting public                      determined that no further review of the              Pedersen, AD/CVD Operations, Office
                                                comment was given in the Federal                        activity is warranted at this time. The               IV, Enforcement and Compliance,
                                                Register (80 FR 69937–69938,                            production activity described in the                  International Trade Administration,
                                                November 12, 2015) and the application                  notification is authorized, subject to the            U.S. Department of Commerce, 14th
                                                has been processed pursuant to the FTZ                  FTZ Act and the Board’s regulations,                  Street and Constitution Avenue NW.,
                                                Act and the Board’s regulations; and,                   including Section 400.14, and further                 Washington, DC 20230; telephone: (202)
sradovich on DSK3TPTVN1PROD with NOTICES




                                                   Whereas, the Board adopts the                        subject to a restriction requiring that               482–2769.
                                                findings and recommendation of the                      inputs classified under HTSUS                         SUPPLEMENTARY INFORMATION:
                                                examiner’s report, and finds that the                   Subheadings 5603.94, 5607.50, 5909.00,
                                                requirements of the FTZ Act and the                     6305.20, 6307.90, 7019.19 and 7019.51                 Background
                                                Board’s regulations are satisfied;                      as well as HTSUS Headings 3208 and                      On December 7, 2012, the Department
                                                   Now, therefore, the Board hereby                     3209 be admitted to the subzone in                    published the antidumping order on
                                                orders:                                                 privileged foreign status (19 CFR                     solar cells from the PRC in the Federal


                                           VerDate Sep<11>2014   18:47 May 25, 2016   Jkt 238001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\26MYN1.SGM   26MYN1


                                                33464                         Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices

                                                Register.1 On April 4, 2016, Hangzhou                   applicability of cash deposit rates after              production and sale of the subject
                                                Sunny requested that the Department                     there have been changes in the name or                 merchandise, the new company
                                                initiate an expedited changed                           structure of a respondent, such as a                   operates as the same business entity as
                                                circumstances review to determine that                  merger or spinoff (‘‘successor-in-                     the prior company, the Department will
                                                Hangzhou Sunny is the successor-in-                     interest,’’ or ‘‘successorship,’’                      assign the new company the cash
                                                interest to Hangzhou ZU Sunny for AD                    determinations). Thus, consistent with                 deposit rate of its predecessor.10
                                                purposes.2 On May 4, 2016, Hangzhou                     Department practice, the information                      In its April 4, 2016 CCR Request and
                                                Sunny responded to a supplemental                       submitted by Hangzhou Sunny, which                     its May 4, 2016 Supplemental Response,
                                                questionnaire issued by the Department                  includes information regarding a name                  Hangzhou Sunny provided evidence for
                                                on April 29, 2016.3                                     change, demonstrates changed                           us to preliminarily determine that it is
                                                                                                        circumstances sufficient to warrant a                  the successor-in-interest to Hangzhou
                                                Scope of the Order                                      review.5                                               ZU Sunny. Specifically, Hangzhou
                                                   The merchandise covered by the                          Therefore, in accordance with section               Sunny demonstrated that it is
                                                Order is crystalline silicon photovoltaic               751(b)(1) of the Act and 19 CFR                        essentially the same as Hangzhou ZU
                                                cells, whether or not assembled into                    351.216(d), the Department is initiating               Sunny despite some changes to its
                                                modules, subject to certain exceptions.4                a changed circumstances review to                      predecessor’s management, the
                                                For the full scope of the Order, see the                determine whether Hangzhou Sunny is                    production facility, suppliers, or the
                                                accompanying preliminary decision                       the successor-in-interest to Hangzhou                  customer base following the name
                                                memorandum.                                             ZU Sunny.                                              change.11
                                                   Imports of the subject merchandise                                                                             According to the information
                                                                                                        Preliminary Determination
                                                are provided for under the following                                                                           provided, although there were certain
                                                subheadings of the Harmonized Tariff                       When it concludes that expedited                    changes to the board of directors and
                                                Schedule of the United States                           action is warranted, the Department                    management when comparing
                                                (‘‘HTSUS’’): 8501.61.0000, 8507.20.80,                  may publish the notice of initiation and               Hangzhou Sunny to Hangzhou ZU
                                                8541.40.6020, 8541.40.6030, and                         preliminary results for a changed                      Sunny, Hangzhou Sunny is owned,
                                                8501.31.8000. While HTSUS                               circumstances review concurrently.6                    managed and operated by the same
                                                subheadings are provided for                            The Department has combined the                        principal owners as Hangzhou ZU
                                                convenience and customs purposes, the                   notice of initiation and preliminary                   Sunny.12 Regarding its production of the
                                                written description of the subject                      results in successor-in-interest cases                 subject merchandise, Hangzhou Sunny
                                                merchandise is dispositive.                             when sufficient documentation has been                 has stated that its production facility is
                                                                                                        provided supporting the request.7 In                   the same as that of Hangzhou ZU
                                                Initiation of Changed Circumstances                     this instance, because we have
                                                Review                                                                                                         Sunny.13 Hangzhou Sunny also
                                                                                                        determined that the information                        provided documentation showing that
                                                   Pursuant to section 751(b)(1) of the                 necessary to support the request is on                 there has been no material changes in
                                                Act and 19 CFR 351.216(d), the                          the record, we find that expedited                     suppliers of inputs or services related to
                                                Department will conduct a changed                       action is warranted, and are combining                 the production, sale and distribution of
                                                circumstances review upon receipt of                    the notice of initiation and the notice of             the subject merchandise 14 or in the U.S.
                                                information concerning, or a request                    preliminary results in accordance with                 customer base.15 Based the foregoing,
                                                from an interested party for a review of,               19 CFR 351.221(c)(3)(ii).                              which is explained in greater detail in
                                                an AD order which shows changed                            In determining whether one company
                                                                                                                                                               the Preliminary Results Memorandum,
                                                circumstances sufficient to warrant a                   is the successor to another for purposes
                                                                                                                                                               we preliminarily determine that
                                                review of the order. In the past, the                   of applying the AD law, the Department
                                                                                                        examines a number of factors including,                Hangzhou Sunny is the successor-in-
                                                Department has used changed                                                                                    interest to Hangzhou ZU Sunny and, as
                                                circumstances reviews to address the                    but not limited to, changes in: (1)
                                                                                                        Management, (2) production facilities,                 such, that it is entitled to Hangzhou ZU
                                                                                                        (3) suppliers, and (4) customer base.8                 Sunny’s AD cash-deposit rate with
                                                   1 See Crystalline Silicon Photovoltaic Cells,

                                                                                                        While no one or several of these factors               respect to entries of subject
                                                Whether or Not Assembled Into Modules, From the
                                                People’s Republic of China: Amended Final               will necessarily provide a dispositive                 merchandise.
                                                Determination of Sales at Less Than Fair Value,                                                                   Should our final results remain the
                                                                                                        indication of succession, the
                                                and Antidumping Duty Order, 77 FR 73018                                                                        same as these preliminary results,
                                                (December 7, 2012) (‘‘Order’’).                         Department will generally consider one
                                                                                                        company to be the successor to another                 effective the date of publication of the
                                                   2 See Letter from Hangzhou Sunny to the

                                                Department regarding, ‘‘Crystalline Silicon             company if its resulting operation is                  final results, we will instruct U.S.
                                                Photovoltaic Cells, Whether or Not Assembled Into       essentially the same as that of its                    Customs and Border Protection to
                                                Modules From the People’s Republic of China:
                                                                                                        predecessor.9 Thus, if the evidence                    suspend liquidation of entries of subject
                                                Request for Expedited Changed Circumstances                                                                    merchandise exported by Hangzhou
                                                Review’’ (April 4, 2016) (‘‘CCR Request’’).             demonstrates that, with respect to the
                                                   3 See Letter from Hangzhou Sunny to the
                                                                                                                                                                  10 See Notice of Final Results of Changed
                                                Department, regarding ‘‘Crystalline Silicon               5 See 19 CFR 351.216(d).
                                                                                                                                                               Circumstances Review: Polychloroprene Rubber
                                                Photovoltaic Cells, Whether or Not Assembled Into         6 See 19 CFR 351.221(c)(3)(ii).                      from Japan, 69 FR 67890 (November 22, 2004)
                                                Modules From the People’s Republic of China:              7 See, e.g., Notice of Initiation and Preliminary
                                                                                                                                                               citing, Brass Sheet and Strip from Canada: Notice
                                                Supplemental Response’’ (May 4, 2016)                   Results of Antidumping Duty Changed                    of Final Results of Antidumping Duty
                                                (‘‘Supplemental Response’’).                            Circumstances Review: Certain Softwood Lumber
                                                   4 For a complete description of the Scope of the
                                                                                                                                                               Administrative Review, 57 FR 20460 (May 13,
                                                                                                        Products from Canada, 70 FR 50299 (August 26,          1992); and, Certain Circular Welded Carbon Steel
                                                Order, see Memorandum to Paul Piquado, Assistant        2005).
sradovich on DSK3TPTVN1PROD with NOTICES




                                                                                                                                                               Pipes and Tubes from Taiwan: Initiation of
                                                Secretary for Enforcement and Compliance, from            8 See, e.g., Initiation and Preliminary Results of
                                                                                                                                                               Antidumping Duty Changed Circumstance Review,
                                                Christian Marsh, Deputy Assistant Secretary for         Antidumping Duty Changed Circumstances Review:         70 FR 17063 (April 4, 2005).
                                                Antidumping and Countervailing Duty Operations,         Multilayered Wood Flooring From the People’s              11 See, generally, CCR Request and Supplemental
                                                ‘‘Preliminary Results of Changed Circumstances          Republic of China, 79 FR 48117, 48118 (August 15,
                                                                                                                                                               Response.
                                                Review: Crystalline Silicon Photovoltaic Cells,         2014), unchanged in Multilayered Wood Flooring            12 See Preliminary Results Memorandum at 3.
                                                Whether or Not Assembled Into Modules, from the         From the People’s Republic of China: Final Results
                                                                                                                                                                  13 Id.
                                                People’s Republic of China’’ (‘‘Preliminary Results     of Changed Circumstances Review, 79 FR 58740
                                                                                                        (September 30, 2014).                                     14 Id., at 3.
                                                Memorandum’’), dated concurrently with, and
                                                adopted by, this notice.                                  9 Id.                                                   15 Id.




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                                                                               Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices                                                   33465

                                                Sunny at the AD cash-deposit rate                        days if all parties agree to the outcome                Consistent with the decision of the
                                                applicable to Hangzhou ZU Sunny.                         of the review.                                       United States Court of Appeals for the
                                                                                                           We are issuing and publishing this                 Federal Circuit (‘‘CAFC’’) in Timken Co.
                                                Public Comment
                                                                                                         initiation and preliminary results notice            v. United States, 893 F.2d 337 (Fed. Cir.
                                                   Interested parties may submit case                    in accordance with sections 751(b)(1)                1990) (‘‘Timken’’), as clarified by
                                                briefs not later than 14 days after the                  and 777(i)(1) of the Act and 19 CFR                  Diamond Sawblades Mfrs. Coalition v.
                                                date of publication of this notice.16                    351.216 and 351.221(c)(3).                           United States, 626 F.3d 1374 (Fed. Cir.
                                                Rebuttal briefs, which must be limited                                                                        2010) (‘‘Diamond Sawblades’’), the
                                                                                                           Dated: May 20, 2016.
                                                to issues raised in such briefs, may be                                                                       Department is notifying the public that
                                                filed not later than seven days after the                Paul Piquado,
                                                                                                                                                              the final judgment in these cases is not
                                                due date for case briefs.17 Parties who                  Assistant Secretary for Enforcement and
                                                                                                                                                              in harmony with the Department’s final
                                                submit case briefs or rebuttal briefs in                 Compliance.
                                                                                                                                                              results of the antidumping duty
                                                this changed circumstances review are                    [FR Doc. 2016–12540 Filed 5–25–16; 8:45 am]
                                                                                                                                                              administrative review of the
                                                requested to submit with each                            BILLING CODE 3510–DS–P                               antidumping duty order on certain
                                                argument: (1) A statement of the issue                                                                        frozen fish fillets from the Socialist
                                                and (2) a brief summary of the argument                                                                       Republic of Vietnam (‘‘Vietnam’’)
                                                with an electronic version included.                     DEPARTMENT OF COMMERCE                               covering the period of review (‘‘POR’’)
                                                   Any interested party may request a                                                                         August 1, 2009, through July 31, 2010.
                                                hearing within 14 days of publication of                 International Trade Administration
                                                                                                                                                              Thus, the Department is amending the
                                                this notice.18 Hearing requests should                   [A–552–801]                                          final results with respect to the
                                                contain the following information: (1)                                                                        weighted-average dumping margins for
                                                The party’s name, address, and                           Certain Frozen Fish Fillets From the                 QVD and the Separate-Rate Applicants.4
                                                telephone number; (2) the number of                      Socialist Republic of Vietnam: Notice                DATES: Effective April 11, 2016.
                                                participants; and (3) a list of the issues               of Court Decisions Not in Harmony
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                to be discussed. Oral presentations at                   With Final Results of Administrative
                                                                                                                                                              Javier Barrientos, AD/CVD Operations
                                                the hearing will be limited to issues                    Review and Notice of Amended Final
                                                                                                                                                              Office V, Enforcement and Compliance,
                                                raised in the briefs. If a request for a                 Results of Antidumping Duty
                                                                                                                                                              International Trade Administration,
                                                hearing is made, parties will be notified                Administrative Review
                                                                                                                                                              U.S. Department of Commerce, 14th
                                                of the time and date for the hearing to
                                                                                                         AGENCY:   Enforcement and Compliance,                Street and Constitution Avenue NW.,
                                                be held at the U.S. Department of
                                                                                                         International Trade Administration,                  Washington, DC 20230; telephone: (202)
                                                Commerce, 1401 Constitution Avenue
                                                                                                         Department of Commerce.                              482–2243.
                                                NW., Washington, DC 20230 in a room
                                                to be determined.19                                      SUMMARY: On March 30, 2016, the                      SUPPLEMENTARY INFORMATION:
                                                   All submissions, with limited                         United States Court of International                 Background
                                                exceptions, must be filed electronically                 Trade (‘‘the Court’’) issued final
                                                                                                         judgments in Catfish Farmers of                         On March 14, 2012, the Department
                                                using Enforcement and Compliance’s
                                                                                                         America et al. v. United States, Consol.             issued AR7 Final Results.5 Vinh Hoan
                                                Antidumping and Countervailing Duty
                                                                                                         Court No. 12–00087, sustaining the                   and Petitioners 6 timely filed complaints
                                                Centralized Electronic Service System
                                                                                                         Department of Commerce’s (‘‘the                      with the Court and challenged certain
                                                (‘‘ACCESS’’).20 An electronically filed
                                                                                                                                                              aspects of the AR7 Final Results. On
                                                document must be received successfully                   Department’’) AR7 Remand final
                                                                                                                                                              December 18, 2014, the Court remanded
                                                in its entirety by 5 p.m. Eastern Time                   results.1 In the AR7 Remand, the
                                                                                                                                                              the Department’s AR7 Final Results and
                                                (‘‘ET’’) on the due date. Documents                      Department recalculated the weighted-
                                                                                                                                                              instructed the Department to reconsider
                                                excepted from the electronic submission                  average dumping margin for QVD Food
                                                                                                                                                              each of the following issues: (1) The
                                                requirements must be filed manually                      Co. Ltd. (‘‘QVD’’) and Vinh Hoan
                                                                                                                                                              significance of presumed qualifiable
                                                (i.e., in paper form) with the APO/                      Corporation (‘‘Vinh Hoan’’) using
                                                                                                                                                              differences between farm-gate and
                                                Dockets Unit in Room 18022 and                           revised surrogate values for by-products
                                                                                                                                                              wholesale prices with respect to whole
                                                stamped with the date and time of                        (fish waste, fresh broken meat, and
                                                                                                                                                              live fish; (2) the reliability of the
                                                receipt by 5 p.m. ET on the due date.21                  frozen broken fillets by-products, and
                                                   Consistent with 19 CFR 351.216(e),                                                                         Bangladeshi Department of Agricultural
                                                                                                         capping the fish oil by-product                      Marketing (‘‘DAM’’) data with respect to
                                                we will issue the final results of this                  surrogate value).2 Because QVD’s
                                                changed-circumstances review no later                                                                         whole live fish; (3) the fact that there are
                                                                                                         margin changed, it also becomes the                  no quantities associated with the DAM
                                                than 270 days after the date on which                    margin for those companies not
                                                this review was initiated or within 45                                                                        data; (4) surrogate country selection in
                                                                                                         individually examined but receiving a
                                                                                                         separate rate.3                                      East Sea Seafoods Limited Liability Company; (7)
                                                  16 The Department is exercising its discretion
                                                                                                                                                              Hiep Thanh Seafood Joint Stock Company; (8)
                                                under 19 CFR 351.309(c)(1)(ii) to alter the time limit     1 See  Final Results Of Redetermination Pursuant   Southern Fisheries Industries Company Ltd.; and
                                                for the filing of case briefs.                           To Court Remand, Consol. Court No. 12–00087, Slip    (9) Vinh Quang Fisheries Joint-Stock Company
                                                  17 The Department is exercising its discretion
                                                                                                         Op. 14–146 (CIT December 18, 2014), dated June 26,   (collectively, ‘‘Separate-Rate Applicants’’).
                                                under 19 CFR 351.309(d)(1) to alter the time limit       2015, (‘‘AR7 Remand’’) available at http://             4 See Certain Frozen Fish Fillets From the
                                                for the filing of rebuttal briefs.                       enforcement.trade.gov/remands/14-146.pdf.            Socialist Republic of Vietnam: Final Results and
                                                  18 The Department is exercising its discretion            2 See AR7 Remand at 25–29. The weighted-          Partial Rescission of the Seventh Antidumping Duty
                                                under 19 CFR 351.310(c) to alter the time limit for      average margin for Vinh Hoan remains de minimis.     Administrative Review, 77 FR 15039 (March 14,
                                                requesting a hearing.                                    However, as explained in the ‘‘Background’’          2012) (‘‘AR7 Final Results’’) and accompanying
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                                                  19 See 19 CFR 351.310(d).
                                                                                                         section, the Department’s recalculation of these     Issues and Decision Memorandum.
                                                  20 ACCESS is available to registered users at          surrogate values now yields a different weighted-       5 Id.

                                                https://access.trade.gov and available to all parties    average dumping margin for QVD. Thus, consistent        6 Catfish Farmers of America and the following
                                                in the Central Records Unit, room B8024 of the           with our practice, the Department has amended the    individual U.S. catfish processors: America’s Catch,
                                                main Department of Commerce building.                    final results with respect to QVD.                   Consolidated Catfish Companies, LLC dba Country
                                                  21 See Antidumping and Countervailing Duty                3 These companies include: (1) Anvifish Joint     Select Catfish, Delta Pride Catfish, Inc., Harvest
                                                Proceedings: Electronic Filing Procedures;               Stock Company; (2) Asia Commerce Fisheries Joint     Select Catfish, Inc., Heartland Catfish Company,
                                                Administrative Protective Order Procedures, 76 FR        Stock Company; (3) Bien Dong Seafood; (4) Binh An    Pride of the Pond, and Simmons Farm Raised
                                                39263 (July 6, 2011).                                    Seafood Joint Stock Company; (5) CASEAMEX; (6)       Catfish, Inc. (collectively, ‘‘Petitioners’’).



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Document Created: 2016-05-26 01:13:40
Document Modified: 2016-05-26 01:13:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective May 26, 2016.
ContactJeff Pedersen, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 2769.
FR Citation81 FR 33463 

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