81_FR_74608 81 FR 74401 - Stainless Steel Bar From Spain: Initiation and Preliminary Results of Changed Circumstances Review

81 FR 74401 - Stainless Steel Bar From Spain: Initiation and Preliminary Results of Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 207 (October 26, 2016)

Page Range74401-74402
FR Document2016-25906

The Department of Commerce (the Department) is initiating a changed circumstances review of the antidumping duty order on stainless steel bar (SSB) from Spain with respect to Sidenor Aceros Especiales S.L. Based on the information on the record, we preliminarily determine that Sidenor Aceros Especiales S.L. is the successor-in-interest to Gerdau Aceros Especiales Europa for purposes of determining antidumping duty liability. We invite interested parties to comment on these preliminary results.

Federal Register, Volume 81 Issue 207 (Wednesday, October 26, 2016)
[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74401-74402]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25906]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-805]


Stainless Steel Bar From Spain: Initiation and Preliminary 
Results of Changed Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is initiating a 
changed circumstances review of the antidumping duty order on stainless 
steel bar (SSB) from Spain with respect to Sidenor Aceros Especiales 
S.L. Based on the information on the record, we preliminarily determine 
that Sidenor Aceros Especiales S.L. is the successor-in-interest to 
Gerdau Aceros Especiales Europa for purposes of determining antidumping 
duty liability. We invite interested parties to comment on these 
preliminary results.

DATES: Effective October 26, 2016.

FOR FURTHER INFORMATION CONTACT: Michael A. Romani, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-0198.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the antidumping duty order on SSB from 
Spain on March 2, 1995.\1\ In its September 6, 2016, request for a 
changed circumstances review, Sidenor Aceros Especiales S.L. (Sidenor), 
informed the Department that, effective May 20, 2016, the following 
occurred: (1) Gerdau S.A., the Brazilian owner of Gerdau Holdings 
Europa S.A.U., including its Spanish subsidiary company Gerdau Aceros 
Especiales Europa, S.L. (Gerdau), sold its European holdings to Clerbil 
S.L.; and (2) Clerbil S.L. renamed Gerdau Holdings Europa S.A.U. to be 
Sidenor Holdings Europa S.A.U., and Gerdau Aceros Especiales Europa, 
S.L., to be Sidenor Aceros Especiales S.L. leaving its operations 
mostly unchanged.\2\ Gerdau is a respondent in the ongoing 
administrative review of the antidumping duty order on SSB from Spain 
covering the period March 1, 2015, through February 29, 2016.\3\ 
Because this changed circumstances review was requested for an 
effective date after the POR of the ongoing administrative review, it 
does not have any bearing on that review.\4\ Citing section 751(b) of 
the Act, and 19 CFR 351.216 Sidenor, requested that the Department 
initiate a changed circumstances review and determine that Sidenor 
Aceros Especiales S.L., is the successor-in-interest to Gerdau. Sidenor 
also requested that the Department issue the initiation and preliminary 
results as a single notice, pursuant to 19 CFR 351.221(c)(ii).
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    \1\ See Amended Final Determination and Antidumping Duty Order: 
Stainless Steel Bar From Spain, 60 FR 11656 (March 2, 1995).
    \2\ See Sidenor's Letter to the Secretary of Commerce, entitled, 
``Stainless Steel Bar from Spain: Sidenor request for changed-
circumstances review,'' dated September 22, 2016, (Sidenor Request) 
at 3-6.
    \3\ See Initiation of Antidumping Duty and Countervailing Duty 
Administrative Reviews, 81 FR 26203 (May 2, 2016).
    \4\ Id.
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Scope of the Order

    The merchandise subject to the order is SSB. The term SSB with 
respect to the order means articles of stainless steel in straight 
lengths that have been either hot-rolled, forged, turned, cold-drawn, 
cold-rolled or otherwise cold-finished, or ground, having a uniform 
solid cross section along their whole length in the shape of circles, 
segments of circles, ovals, rectangles (including squares), triangles, 
hexagons, octagons or other convex polygons. SSB includes cold-finished 
SSBs that are turned or ground in straight lengths, whether produced 
from hot-rolled bar or from straightened and cut rod or wire, and 
reinforcing bars that have indentations, ribs, grooves, or other 
deformations produced during the rolling process. Except as specified 
above, the term does not include stainless steel semi-finished 
products, cut-length flat-rolled products (i.e., cut-length rolled 
products which if less than 4.75 mm in thickness have a width measuring 
at least 10 times the thickness, or if 4.75 mm or more in thickness 
having a width which exceeds 150 mm and measures at least twice the 
thickness), wire (i.e., cold-formed products in coils, of any uniform 
solid cross section along their whole length, which do not conform to 
the definition of flat-rolled products), and angles, shapes and 
sections.
    The SSB subject to the order is currently classifiable under 
subheadings 7222.10.00, 7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00 
of the Harmonized Tariff Schedule of the United States (HTSUS).
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the scope of the order is 
dispositive.\5\
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    \5\ The HTSUS numbers provided in the scope changed since the 
publication of the order. See Amended Final Determination and 
Antidumping Duty Order: Stainless Steel Bar From Spain, 60 FR 11656 
(March 2, 1995).
---------------------------------------------------------------------------

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act) and 19 CFR 351.216(d), the Department will conduct a changed 
circumstances review upon receipt of a request from an interested party 
or receipt of information concerning an antidumping duty order which 
shows changed circumstances sufficient to warrant a review of the 
order. Based on the request from Sidenor, and in accordance with 
section 751(b)(1) of Act and 19 CFR 351.216(b), we are initiating a 
changed circumstances review to determine whether Sidenor is the 
successor-in-interest to Gerdau. The Department's regulations at 
section 351.221(c)(3)(ii) instruct that, if we conclude that an 
expedited action is warranted, we may combine the notices of initiation 
and preliminary results of a changed circumstances review. In this 
instance, because we have the information necessary on the record to 
make a preliminary finding, we find that an expedited action is 
warranted and are combining the notices of initiation and preliminary 
results.

Preliminary Results of Expedited Changed Circumstances Review

    In making a successor-in-interest determination, the Department 
examines several factors including, but not limited to, changes in 
management, production facilities, supplier relationships, and customer 
base.\6\ While no single factor or combination of these factors will 
necessarily provide a

[[Page 74402]]

dispositive indication of a successor-in-interest relationship, the 
Department will generally consider the new company to be the successor 
to the previous company if the new company's operations are not 
materially dissimilar to those of its predecessor.\7\ Thus, if the 
evidence demonstrates that, with respect to the production and sales of 
the subject merchandise, the new company operates as the same business 
entity as the former company, the Department will accord the new 
company the same antidumping treatment as its predecessor.\8\
---------------------------------------------------------------------------

    \6\ See, e.g., Pressure Sensitive Plastic Tape from Italy: 
Preliminary Results of Antidumping Duty Changed Circumstances 
Review, 75 FR 8925 (February 26, 2010), unchanged in Pressure 
Sensitive Plastic Tape From Italy: Final Results of Antidumping Duty 
Changed Circumstances Review, 75 FR 27706 (May 18, 2010); and Brake 
Rotors From the People's Republic of China: Final Results of Changed 
Circumstances Antidumping Duty Administrative Review, 70 FR 69941 
(November 18, 2005) (Brake Rotors), citing Brass Sheet and Strip 
from Canada; Final Results of Antidumping Duty Administrative 
Review, 57 FR 20460 (May 13, 1992).
    \7\ See, e.g., Brake Rotors.
    \8\ Id. See also e.g., Notice of Initiation and Preliminary 
Results of Antidumping Duty Changed Circumstances Review: Certain 
Frozen Warmwater Shrimp From India, 77 FR 64953 (October 24, 2012), 
unchanged in Final Results of Antidumping Duty Changed Circumstances 
Review: Certain Frozen Warmwater Shrimp From India, 77 FR 73619 
(December 11, 2012).
---------------------------------------------------------------------------

    In its review request,\9\ and its response to our supplemental 
questionnaire,\10\ Sidenor has provided evidence for us to determine 
preliminarily that it is the successor-in-interest to Gerdau. Sidenor 
states that its management, production facilities, and customer/
supplier relationships have not changed as a result of the changes in 
ownership or name of the company.\11\ Sidenor provided corporate 
structure documentation showing changes to the ownership and name of 
the company.\12\ Furthermore, Sidenor provided internal documents 
evidencing that its domestic and overseas customers and suppliers 
remained the same after the changes, as they were prior to them.\13\ 
Sidenor provided internal documentation evidencing that its production 
facilities are the same before and after the changes in ownership and 
the name change.\14\ Sidenor also provided a list of members of the 
management team and supporting documentation indicating that Gerdau's 
managers hold the same positions in Sidenor that they did in Gerdau, 
with the exception of the replacement of the Human Resources 
Director.\15\
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    \9\ See Sidenor Request.
    \10\ See Sidenor's Letter to the Secretary of Commerce, 
entitled, ``Stainless Steel Bar from Spain, CCR (Sidenor): Sidenor 
response to supplemental questions,'' dated October 7, 2016 (SQR).
    \11\ Id.
    \12\ See Sidenor Request at Exhibit 1 (the two structures are 
identical except for the parent), Exhibit 2 (public deed registered 
in the Central Mercantile Registry reflecting name change), Exhibit 
3 (registration of the name change), Exhibits 4-5 (taxpayer 
identification certificates before and after), and Exhibit 6 (SEC 
form 6-K filing at note 3 and 4).
    \13\ See SQR at 3-5, and Exhibit 2 (customers), and at 2-3, and 
Exhibit 1 (supplier).
    \14\ See Sidenor Request at 4, and Exhibit 9 (list of production 
assets).
    \15\ Id., at 4 and Exhibit 7 (organization charts before, 
unchanged with one exception after). The administration of the 
company changed from a Board of Directors to a Sole Administrator. 
See Sidenor Request at Exhibit 2.
---------------------------------------------------------------------------

    Based on record evidence, we preliminarily determine that Sidenor 
is the successor-in-interest to Gerdau for purposes of antidumping duty 
liability because the ownership and name changes of the company 
resulted in no significant changes to management, production 
facilities, supplier relationships, and customers. As a result, we 
preliminarily determine that Sidenor operates as the same business 
entity as Gerdau. Thus, we preliminarily determine that Sidenor should 
receive the same antidumping duty cash deposit rate with respect to the 
subject merchandise as Gerdau, its predecessor company.
    Because cash deposits are only estimates of the amount of 
antidumping duties that will be due, changes in cash deposit rates are 
not made retroactive and, therefore, no change will be made to 
Sidenor's cash deposit rate as a result of these preliminary results. 
If Sidenor believes that the deposits paid exceed the actual amount of 
dumping, it is entitled to request an administrative review during the 
anniversary month of the publication of the order of those entries, 
i.e., March, to determine the proper assessment rate and receive a 
refund of any excess deposits.\16\ As a result, if these preliminary 
results are adopted in our final results of this changed circumstances 
review, we will instruct CBP to suspend shipments of subject 
merchandise made by Sidenor, at Gerdau's cash deposit rate, effective 
on the publication date of our final results.
---------------------------------------------------------------------------

    \16\ See Certain Hot-Rolled Lead and Bismuth Carbon Steel 
Products From the United Kingdom: Final Results of Changed-
Circumstances Antidumping and Countervailing Duty Administrative 
Reviews, 64 FR 66880 (November 30, 1999).
---------------------------------------------------------------------------

Public Comment

    Interested parties may submit case briefs no later than 14 days 
after the publication of this notice.\17\ Rebuttal briefs, which must 
be limited to issues raised in case briefs, may be filed not later than 
five days after the deadline for filing case briefs.\18\ Parties who 
submit case briefs or rebuttal briefs in this changed circumstance 
review are requested to submit with each argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities. Interested parties who wish to comment on the preliminary 
results must file briefs electronically using Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS) and is available to registered users at http://access.trade.gov. An electronically-filed document must be received 
successfully in its entirety by the ACCESS no later than 5:00 p.m. 
Eastern Time on the date the document is due. Interested parties that 
wish to request a hearing must submit a written request to the 
Assistant Secretary for Enforcement and Compliance, filed 
electronically via ACCESS, within 14 days of publication of this 
notice.\19\ Parties will be notified of the time and date of any 
hearing, if requested.\20\
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    \17\ See 19 CFR 351.309(c)(ii).
    \18\ See 19 CFR 351.309(d).
    \19\ See 19 CFR 351.310(c). See also 19 CFR 351.303 for general 
filing requirements.
    \20\ See 19 CFR 351.310.
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Notifications to Interested Parties

    Consistent with 19 CFR 351.216(e), we intend to 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 
after the publication of the preliminary results if all parties in this 
review agree to our preliminary results. The final results will include 
the Department's analysis of issues raised in any written comments.
    This notice of initiation and preliminary results is in accordance 
with section 751(b)(1) of the Act, 19 CFR 351.216(b) and (d), and 19 
CFR 351.221(b)(1).

    Dated: October 18, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-25906 Filed 10-25-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                                              Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices                                                   74401

                                                    expenses, U.S. commissions 2 and packing                S.A.U., and Gerdau Aceros Especiales                    The SSB subject to the order is
                                                    expenses. For CEP sales, the Department will            Europa, S.L., to be Sidenor Aceros                    currently classifiable under subheadings
                                                    subtract the amount of the CEP offset, if               Especiales S.L. leaving its operations                7222.10.00, 7222.11.00, 7222.19.00,
                                                    warranted, and add in U.S. packing expenses.            mostly unchanged.2 Gerdau is a                        7222.20.00, 7222.30.00 of the
                                                    [FR Doc. 2016–25947 Filed 10–25–16; 8:45 am]            respondent in the ongoing                             Harmonized Tariff Schedule of the
                                                    BILLING CODE 3510–DS–P                                  administrative review of the                          United States (HTSUS).
                                                                                                            antidumping duty order on SSB from                      Although the HTSUS subheadings are
                                                                                                            Spain covering the period March 1,                    provided for convenience and customs
                                                    DEPARTMENT OF COMMERCE                                  2015, through February 29, 2016.3                     purposes, the written description of the
                                                                                                            Because this changed circumstances                    scope of the order is dispositive.5
                                                    International Trade Administration                      review was requested for an effective
                                                                                                            date after the POR of the ongoing                     Initiation of Changed Circumstances
                                                    [A–469–805]
                                                                                                            administrative review, it does not have               Review
                                                    Stainless Steel Bar From Spain:                         any bearing on that review.4 Citing                     Pursuant to section 751(b)(1) of the
                                                    Initiation and Preliminary Results of                   section 751(b) of the Act, and 19 CFR                 Tariff Act of 1930, as amended (the Act)
                                                    Changed Circumstances Review                            351.216 Sidenor, requested that the                   and 19 CFR 351.216(d), the Department
                                                                                                            Department initiate a changed                         will conduct a changed circumstances
                                                    AGENCY:   Enforcement and Compliance,                   circumstances review and determine                    review upon receipt of a request from an
                                                    International Trade Administration,                     that Sidenor Aceros Especiales S.L., is               interested party or receipt of
                                                    Department of Commerce.                                 the successor-in-interest to Gerdau.                  information concerning an antidumping
                                                    SUMMARY: The Department of Commerce                     Sidenor also requested that the                       duty order which shows changed
                                                    (the Department) is initiating a changed                Department issue the initiation and                   circumstances sufficient to warrant a
                                                    circumstances review of the                             preliminary results as a single notice,               review of the order. Based on the
                                                    antidumping duty order on stainless                     pursuant to 19 CFR 351.221(c)(ii).                    request from Sidenor, and in accordance
                                                    steel bar (SSB) from Spain with respect                                                                       with section 751(b)(1) of Act and 19
                                                    to Sidenor Aceros Especiales S.L. Based                 Scope of the Order
                                                                                                                                                                  CFR 351.216(b), we are initiating a
                                                    on the information on the record, we                       The merchandise subject to the order               changed circumstances review to
                                                    preliminarily determine that Sidenor                    is SSB. The term SSB with respect to the              determine whether Sidenor is the
                                                    Aceros Especiales S.L. is the successor-                order means articles of stainless steel in            successor-in-interest to Gerdau. The
                                                    in-interest to Gerdau Aceros Especiales                 straight lengths that have been either                Department’s regulations at section
                                                    Europa for purposes of determining                      hot-rolled, forged, turned, cold-drawn,               351.221(c)(3)(ii) instruct that, if we
                                                    antidumping duty liability. We invite                   cold-rolled or otherwise cold-finished,               conclude that an expedited action is
                                                    interested parties to comment on these                  or ground, having a uniform solid cross               warranted, we may combine the notices
                                                    preliminary results.                                    section along their whole length in the               of initiation and preliminary results of
                                                    DATES: Effective October 26, 2016.                      shape of circles, segments of circles,                a changed circumstances review. In this
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            ovals, rectangles (including squares),                instance, because we have the
                                                    Michael A. Romani, AD/CVD                               triangles, hexagons, octagons or other                information necessary on the record to
                                                    Operations, Office I, Enforcement and                   convex polygons. SSB includes cold-                   make a preliminary finding, we find that
                                                    Compliance, International Trade                         finished SSBs that are turned or ground               an expedited action is warranted and
                                                    Administration, U.S. Department of                      in straight lengths, whether produced                 are combining the notices of initiation
                                                    Commerce, 1401 Constitution Avenue                      from hot-rolled bar or from straightened              and preliminary results.
                                                    NW., Washington, DC 20230; telephone:                   and cut rod or wire, and reinforcing bars
                                                                                                            that have indentations, ribs, grooves, or             Preliminary Results of Expedited
                                                    (202) 482–0198.                                                                                               Changed Circumstances Review
                                                                                                            other deformations produced during the
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            rolling process. Except as specified                    In making a successor-in-interest
                                                    Background                                              above, the term does not include                      determination, the Department
                                                                                                            stainless steel semi-finished products,               examines several factors including, but
                                                      The Department published the
                                                                                                            cut-length flat-rolled products (i.e., cut-           not limited to, changes in management,
                                                    antidumping duty order on SSB from
                                                                                                            length rolled products which if less than             production facilities, supplier
                                                    Spain on March 2, 1995.1 In its
                                                                                                            4.75 mm in thickness have a width                     relationships, and customer base.6
                                                    September 6, 2016, request for a
                                                                                                            measuring at least 10 times the                       While no single factor or combination of
                                                    changed circumstances review, Sidenor
                                                                                                            thickness, or if 4.75 mm or more in                   these factors will necessarily provide a
                                                    Aceros Especiales S.L. (Sidenor),
                                                                                                            thickness having a width which exceeds
                                                    informed the Department that, effective
                                                                                                            150 mm and measures at least twice the                   5 The HTSUS numbers provided in the scope
                                                    May 20, 2016, the following occurred:                                                                         changed since the publication of the order. See
                                                                                                            thickness), wire (i.e., cold-formed
                                                    (1) Gerdau S.A., the Brazilian owner of                                                                       Amended Final Determination and Antidumping
                                                                                                            products in coils, of any uniform solid
                                                    Gerdau Holdings Europa S.A.U.,                                                                                Duty Order: Stainless Steel Bar From Spain, 60 FR
                                                                                                            cross section along their whole length,               11656 (March 2, 1995).
                                                    including its Spanish subsidiary
                                                                                                            which do not conform to the definition                   6 See, e.g., Pressure Sensitive Plastic Tape from
                                                    company Gerdau Aceros Especiales
                                                                                                            of flat-rolled products), and angles,                 Italy: Preliminary Results of Antidumping Duty
                                                    Europa, S.L. (Gerdau), sold its European                                                                      Changed Circumstances Review, 75 FR 8925
                                                                                                            shapes and sections.
                                                    holdings to Clerbil S.L.; and (2) Clerbil
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  (February 26, 2010), unchanged in Pressure
                                                    S.L. renamed Gerdau Holdings Europa                                                                           Sensitive Plastic Tape From Italy: Final Results of
                                                                                                              2 See Sidenor’s Letter to the Secretary of
                                                                                                                                                                  Antidumping Duty Changed Circumstances Review,
                                                    S.A.U. to be Sidenor Holdings Europa                    Commerce, entitled, ‘‘Stainless Steel Bar from        75 FR 27706 (May 18, 2010); and Brake Rotors From
                                                                                                            Spain: Sidenor request for changed-circumstances      the People’s Republic of China: Final Results of
                                                      2 If there are not commissions in both markets,       review,’’ dated September 22, 2016, (Sidenor          Changed Circumstances Antidumping Duty
                                                    then the Department will apply a commission             Request) at 3–6.                                      Administrative Review, 70 FR 69941 (November 18,
                                                    offset. See, e.g., 19 C.F.R. § 351.410(e).                3 See Initiation of Antidumping Duty and
                                                                                                                                                                  2005) (Brake Rotors), citing Brass Sheet and Strip
                                                      1 See Amended Final Determination and                 Countervailing Duty Administrative Reviews, 81 FR     from Canada; Final Results of Antidumping Duty
                                                    Antidumping Duty Order: Stainless Steel Bar From        26203 (May 2, 2016).                                  Administrative Review, 57 FR 20460 (May 13,
                                                    Spain, 60 FR 11656 (March 2, 1995).                       4 Id.                                               1992).



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                                                    74402                      Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices

                                                    dispositive indication of a successor-in-                replacement of the Human Resources                   parties who wish to comment on the
                                                    interest relationship, the Department                    Director.15                                          preliminary results must file briefs
                                                    will generally consider the new                             Based on record evidence, we                      electronically using Enforcement and
                                                    company to be the successor to the                       preliminarily determine that Sidenor is              Compliance’s Antidumping and
                                                    previous company if the new company’s                    the successor-in-interest to Gerdau for              Countervailing Duty Centralized
                                                    operations are not materially dissimilar                 purposes of antidumping duty liability               Electronic Service System (ACCESS)
                                                    to those of its predecessor.7 Thus, if the               because the ownership and name                       and is available to registered users at
                                                    evidence demonstrates that, with                         changes of the company resulted in no                http://access.trade.gov. An
                                                    respect to the production and sales of                   significant changes to management,                   electronically-filed document must be
                                                    the subject merchandise, the new                         production facilities, supplier                      received successfully in its entirety by
                                                    company operates as the same business                    relationships, and customers. As a                   the ACCESS no later than 5:00 p.m.
                                                    entity as the former company, the                        result, we preliminarily determine that              Eastern Time on the date the document
                                                    Department will accord the new                           Sidenor operates as the same business                is due. Interested parties that wish to
                                                    company the same antidumping                             entity as Gerdau. Thus, we preliminarily             request a hearing must submit a written
                                                    treatment as its predecessor.8                           determine that Sidenor should receive                request to the Assistant Secretary for
                                                                                                             the same antidumping duty cash deposit               Enforcement and Compliance, filed
                                                       In its review request,9 and its                       rate with respect to the subject                     electronically via ACCESS, within 14
                                                    response to our supplemental                             merchandise as Gerdau, its predecessor               days of publication of this notice.19
                                                    questionnaire,10 Sidenor has provided                    company.                                             Parties will be notified of the time and
                                                    evidence for us to determine                                Because cash deposits are only                    date of any hearing, if requested.20
                                                    preliminarily that it is the successor-in-               estimates of the amount of antidumping
                                                    interest to Gerdau. Sidenor states that its              duties that will be due, changes in cash             Notifications to Interested Parties
                                                    management, production facilities, and                   deposit rates are not made retroactive                  Consistent with 19 CFR 351.216(e),
                                                    customer/supplier relationships have                     and, therefore, no change will be made               we intend to issue the final results of
                                                    not changed as a result of the changes                   to Sidenor’s cash deposit rate as a result           this changed circumstances review no
                                                    in ownership or name of the company.11                   of these preliminary results. If Sidenor             later than 270 days after the date on
                                                    Sidenor provided corporate structure                     believes that the deposits paid exceed               which this review was initiated, or
                                                    documentation showing changes to the                     the actual amount of dumping, it is                  within 45 days after the publication of
                                                    ownership and name of the company.12                     entitled to request an administrative                the preliminary results if all parties in
                                                    Furthermore, Sidenor provided internal                   review during the anniversary month of               this review agree to our preliminary
                                                    documents evidencing that its domestic                   the publication of the order of those                results. The final results will include
                                                    and overseas customers and suppliers                     entries, i.e., March, to determine the               the Department’s analysis of issues
                                                    remained the same after the changes, as                  proper assessment rate and receive a                 raised in any written comments.
                                                    they were prior to them.13 Sidenor                       refund of any excess deposits.16 As a                   This notice of initiation and
                                                    provided internal documentation                          result, if these preliminary results are             preliminary results is in accordance
                                                    evidencing that its production facilities                adopted in our final results of this                 with section 751(b)(1) of the Act, 19
                                                    are the same before and after the                        changed circumstances review, we will                CFR 351.216(b) and (d), and 19 CFR
                                                    changes in ownership and the name                        instruct CBP to suspend shipments of                 351.221(b)(1).
                                                    change.14 Sidenor also provided a list of                subject merchandise made by Sidenor,
                                                                                                                                                                    Dated: October 18, 2016.
                                                    members of the management team and                       at Gerdau’s cash deposit rate, effective
                                                                                                             on the publication date of our final                 Ronald K. Lorentzen,
                                                    supporting documentation indicating
                                                                                                             results.                                             Acting Assistant Secretary for Enforcement
                                                    that Gerdau’s managers hold the same                                                                          and Compliance.
                                                    positions in Sidenor that they did in                    Public Comment                                       [FR Doc. 2016–25906 Filed 10–25–16; 8:45 am]
                                                    Gerdau, with the exception of the
                                                                                                                Interested parties may submit case                BILLING CODE 3510–DS–P

                                                      7 See,
                                                                                                             briefs no later than 14 days after the
                                                              e.g., Brake Rotors.
                                                       8 Id. See also e.g., Notice of Initiation and
                                                                                                             publication of this notice.17 Rebuttal
                                                    Preliminary Results of Antidumping Duty Changed          briefs, which must be limited to issues              DEPARTMENT OF COMMERCE
                                                    Circumstances Review: Certain Frozen Warmwater           raised in case briefs, may be filed not
                                                    Shrimp From India, 77 FR 64953 (October 24,              later than five days after the deadline for          National Oceanic and Atmospheric
                                                    2012), unchanged in Final Results of Antidumping
                                                                                                             filing case briefs.18 Parties who submit             Administration
                                                    Duty Changed Circumstances Review: Certain
                                                    Frozen Warmwater Shrimp From India, 77 FR                case briefs or rebuttal briefs in this               RIN 0648–XE987
                                                    73619 (December 11, 2012).                               changed circumstance review are
                                                       9 See Sidenor Request.
                                                                                                             requested to submit with each                        Mid-Atlantic Fishery Management
                                                       10 See Sidenor’s Letter to the Secretary of
                                                                                                             argument: (1) A statement of the issue;              Council (MAFMC); Meeting
                                                    Commerce, entitled, ‘‘Stainless Steel Bar from
                                                    Spain, CCR (Sidenor): Sidenor response to
                                                                                                             (2) a brief summary of the argument;                 AGENCY:  National Marine Fisheries
                                                    supplemental questions,’’ dated October 7, 2016          and (3) a table of authorities. Interested           Service (NMFS), National Oceanic and
                                                    (SQR).
                                                       11 Id.                                                  15 Id., at 4 and Exhibit 7 (organization charts
                                                                                                                                                                  Atmospheric Administration (NOAA),
                                                       12 See Sidenor Request at Exhibit 1 (the two          before, unchanged with one exception after). The     Commerce.
                                                    structures are identical except for the parent),         administration of the company changed from a         ACTION: Notice of public hearing
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Exhibit 2 (public deed registered in the Central         Board of Directors to a Sole Administrator. See      meetings.
                                                    Mercantile Registry reflecting name change),             Sidenor Request at Exhibit 2.
                                                    Exhibit 3 (registration of the name change), Exhibits      16 See Certain Hot-Rolled Lead and Bismuth
                                                                                                                                                                  SUMMARY:  The Mid-Atlantic Fishery
                                                    4–5 (taxpayer identification certificates before and     Carbon Steel Products From the United Kingdom:
                                                    after), and Exhibit 6 (SEC form 6–K filing at note       Final Results of Changed-Circumstances
                                                                                                                                                                  Management Council will hold three
                                                    3 and 4).                                                Antidumping and Countervailing Duty                  public hearings in November 2016 to
                                                       13 See SQR at 3–5, and Exhibit 2 (customers), and     Administrative Reviews, 64 FR 66880 (November
                                                    at 2–3, and Exhibit 1 (supplier).                        30, 1999).                                             19 See 19 CFR 351.310(c). See also 19 CFR
                                                       14 See Sidenor Request at 4, and Exhibit 9 (list of     17 See 19 CFR 351.309(c)(ii).                      351.303 for general filing requirements.
                                                    production assets).                                        18 See 19 CFR 351.309(d).                            20 See 19 CFR 351.310.




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Document Created: 2016-10-26 02:17:32
Document Modified: 2016-10-26 02:17:32
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 October 26, 2016.
ContactMichael A. Romani, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0198.
FR Citation81 FR 74401 

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