81_FR_7533 81 FR 7504 - Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Drawn Stainless Steel Sinks From the People's Republic of China

81 FR 7504 - Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Drawn Stainless Steel Sinks From the People's Republic of China

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 29 (February 12, 2016)

Page Range7504-7506
FR Document2016-02997

The Department of Commerce (the Department) is initiating a changed circumstances review (CCR) of the antidumping duty (AD) order on drawn stainless steel sinks from the People's Republic of China (PRC) with regard to Ningbo Afa Kitchen and Bath Co., Ltd. (Ningbo). We preliminarily determine that Ningbo is the successor-in-interest to Yuyao Afa Kitchenware Co., Ltd. (Yuyao) for purposes of determining AD liability. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 81 Issue 29 (Friday, February 12, 2016)
[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Notices]
[Pages 7504-7506]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02997]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-983]


Notice of Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review: Drawn Stainless Steel Sinks From the 
People's Republic of China

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

SUMMARY: The Department of Commerce (the Department) is initiating a 
changed circumstances review (CCR) of the antidumping duty (AD) order 
on drawn stainless steel sinks from the People's Republic of China 
(PRC) with regard to Ningbo Afa Kitchen and Bath Co., Ltd. (Ningbo). We 
preliminarily determine that Ningbo is the successor-in-interest to 
Yuyao Afa Kitchenware Co., Ltd. (Yuyao) for purposes of determining AD 
liability. Interested parties are invited to comment on these 
preliminary results.

DATES: Effective Date: February 12, 2016.

FOR FURTHER INFORMATION CONTACT: Ross Belliveau or Brian Smith, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-4952 or (202) 482-1766.

SUPPLEMENTARY INFORMATION:

Background

    On April 11, 2013, the Department published in the Federal Register 
an AD order on drawn stainless steel sinks from the PRC.\1\ On November 
19, 2015, Ningbo, a producer/exporter of drawn stainless steel sinks 
covered by this order, changed its name from Yuyao to Ningbo. On 
December 22, 2015, Ningbo requested that the Department conduct a 
changed circumstances review under section 19 U.S.C. 1675(b) and 19 CFR 
351.216.\2\ In this request, Ningbo asked the Department to determine 
that it is the successor-in-interest to Yuyao and, accordingly, to 
assign it the cash deposit rate of Yuyao.\3\
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    \1\ See Drawn Stainless Steel Sinks from the People's Republic 
of China: Amended Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order, 78 FR 21592 (April 11, 2013).
    \2\ See Letter from Ningbo, entitled ``Drawn Stainless Steel 
Sinks from the People's Republic of China: Request for Changed 
Circumstances Review by Yuyao Afa Kitchenware Co., Ltd. and Ningbo 
Afa Kitchen and Bath Co., Ltd.,'' dated December 22, 2015 (Ningbo 
CCR Request).
    \3\ Id.
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Scope of the Order

    The products covered by the scope of this order are drawn stainless 
steel sinks with single or multiple drawn bowls, with or without drain 
boards, whether finished or unfinished, regardless of type of finish, 
gauge, or grade of stainless steel. Mounting clips, fasteners, seals, 
and sound-deadening pads are also covered by the scope of this order if 
they are included within the sales price of the drawn stainless steel 
sinks. For purposes of this scope definition, the term ``drawn'' refers 
to a manufacturing process using metal forming technology to produce a 
smooth basin with seamless, smooth, and rounded corners. Drawn 
stainless steel sinks are available in various shapes and 
configurations and may be

[[Page 7505]]

described in a number of ways including flush mount, top mount, or 
undermount (to include the attachment relative to the countertop). 
Stainless steel sinks with multiple drawn bowls that are joined through 
a welding operation to form one unit are covered by the scope of the 
order. Drawn stainless steel sinks are covered by the scope of the 
order whether or not they are sold in conjunction with non-subject 
accessories such as faucets (whether attached or unattached), 
strainers, strainer sets, rinsing baskets, bottom grids, or other 
accessories.
    Excluded from the scope of the order are stainless steel sinks with 
fabricated bowls. Fabricated bowls do not have seamless corners, but 
rather are made by notching and bending the stainless steel, and then 
welding and finishing the vertical corners to form the bowls. Stainless 
steel sinks with fabricated bowls may sometimes be referred to as 
``zero radius'' or ``near zero radius'' sinks.
    The products covered by this order are currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) under 
statistical reporting number 7324.10.0000 and 7324.10.0010. Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope is dispositive.

Initiation and Preliminary Results of Changed Circumstances Review

    Pursuant to section 751(b)(1)(A) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.216(d), the Department will conduct a 
CCR upon receipt of 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. The information submitted by Ningbo supporting its 
claim that it is the successor-in-interest to Yuyao demonstrates 
changed circumstances sufficient to warrant such a review.\4\
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------

    In accordance with the above-referenced regulation, the Department 
is initiating a CCR to determine whether Ningbo is the successor-in-
interest to Yuyao. When it concludes that expedited action is 
warranted, the Department may publish the notice of initiation and 
preliminary results for a CCR concurrently.\5\ We determined that 
expediting this CCR is warranted because we have the information 
necessary to make a preliminary finding already on the record, in 
accordance with our practice.\6\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta From 
Italy: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015) 
(Pasta From Italy Preliminary Results) (unchanged in Certain Pasta 
From Italy: Final Results of Changed Circumstances Review, 80 FR 
48807 (August 14, 2015) (Pasta From Italy Final Results)).
    \6\ See, e.g., Pasta From Italy Preliminary Results, 80 FR at 
33480-41 (unchanged in Pasta From Italy Final Results, 80 FR at 
48807).
---------------------------------------------------------------------------

    In determining whether one company is the successor-in-interest to 
another, the Department examines a number of factors including, but not 
limited to, changes in management, production facilities, supplier 
relationships, and customer base.\7\ While no single factor or 
combination of these factors will necessarily provide a 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 resulting operation is not materially 
dissimilar to that of its predecessor.\8\ 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.\9\
---------------------------------------------------------------------------

    \7\ See, e.g., Notice of Initiation and Preliminary Results of 
Antidumping Duty Changed Circumstances Review: Certain Frozen 
Warmwater Shrimp From Thailand, 75 FR 61702, 61703 (October 6, 2010) 
(Shrimp From Thailand Preliminary Results) (unchanged in Notice of 
Final Results of Antidumping Duty Changed Circumstances Review: 
Certain Frozen Warmwater Shrimp From Thailand, 75 FR 74684 (December 
1, 2010) (Shrimp From Thailand Final Results)); and Industrial 
Phosphoric Acid From Israel: Final Results of Antidumping Duty 
Changed Circumstances Review, 59 FR 6944, 6946 (February 14, 1994).
    \8\ See, e.g., Shrimp From Thailand Preliminary Results, 75 FR 
at 61703 (unchanged in Shrimp From Thailand Final Results, 75 FR at 
74684).
    \9\ Id.; see also Notice of Final Results of Changed 
Circumstances Antidumping Duty Administrative Review: 
Polychloroprene Rubber From Japan, 67 FR 58, 59 (January 2, 2002); 
and Ball Bearings and Parts Thereof from France: Final Results of 
Changed-Circumstances Review, 75 FR 34688, 34689 (June 18, 2010).
---------------------------------------------------------------------------

    In its December 22, 2015 submission, Ningbo provided information to 
demonstrate that it is the successor-in-interest to Yuyao. Ningbo 
states that the company's ownership, location/production facilities, 
management, and customer base have not changed as a result of the 
corporate name change. It states further that its suppliers have 
remained largely the same, with some suppliers added but none 
eliminated. To support its claims, Ningbo submitted the following 
documents: (1) A copy of Ningbo's old and new business licenses, issued 
on June 2, 2015, and November 19, 2015, respectively; \10\ (2) a copy 
of the government certification and approval of the company's name 
change from Yuyao to Ningbo; \11\ (3) an excerpt from Yuyao's June 25, 
2015, separate rate application documenting the ownership of the 
company; \12\ (4) an excerpt from Yuyao's June 25, 2015, separate rate 
application listing the company's management team; \13\ (5) a listing 
of the company's suppliers before and after its name change.\14\ Ningbo 
also submitted information pertaining to its location/production 
facilities and U.S. customer base.\15\
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    \10\ See Ningbo CCR Request at Exhibit 1.
    \11\ Id. at Exhibit 2.
    \12\ Id. at Exhibit 3.
    \13\ Id. at Exhibit 4.
    \14\ Id. at Exhibit 5.
    \15\ Id. at 3-4.
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    Based on the evidence on the record, we preliminarily find that 
Ningbo is the successor-in-interest to Yuyao. We find that Ningbo 
operates as the same business entity as Yuyao and that its ownership, 
management, production facilities, supplier relationships, and 
customers have not changed as a result of its name change. Thus, we 
preliminarily find that Ningbo should receive the same antidumping duty 
cash deposit rate with respect to the subject merchandise as Yuyao, its 
predecessor company.\16\
---------------------------------------------------------------------------

    \16\ Yuyao received a 4.29 percent dumping margin in the 2012-
2014 administrative review of the AD order on drawn stainless steel 
sinks from the PRC. See Drawn Stainless Steel Sinks from the 
People's Republic of China: Final Results of the Antidumping Duty 
Administrative Review; 2012-2014, 80 FR 69644, 69645 (November 10, 
2015). We note that Yuyao is also a respondent in the current 2014-
2015 administrative review of this antidumping duty order. See 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 80 FR 30041, 30046 (May 26, 2015). At the conclusion of 
this CCR, if we determine that Ningbo is the successor-in-interest 
to Yuyao, we will assign Ningbo an updated cash deposit rate based 
on the final results of the ongoing review.
---------------------------------------------------------------------------

    Should our final results remain the same as these preliminary 
results, we will instruct U.S. Customs and Border Protection to suspend 
entries of subject merchandise exported by Ningbo at Yuyao's cash 
deposit rate, effective on the publication date of our final results.
Public Comment
    Interested parties may submit case briefs and/or written comments 
not 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

[[Page 7506]]

circumstances 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). ACCESS is available to registered 
users at http://access.trade.gov. An electronically-filed document must 
be received successfully in its entirety by the Department's electronic 
records system, ACCESS, by 5 p.m. Eastern Time on the date the document 
is due.
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.309(c)(ii).
    \18\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \19\ See 19 CFR 351.310(c); see also 19 CFR 351.303 for general 
filing requirements.
    \20\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    Consistent with 19 CFR 351.216(e), we intend to issue the final 
results of this changed circumstance review no later than 270 days 
after the date on which this review was initiated, or within 45 days of 
publication of these preliminary results if all parties agree to our 
preliminary finding.
    We are issuing and publishing this finding and 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)(ii).

    Dated: February 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-02997 Filed 2-11-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                     7504                          Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Notices

                                                     review, we will calculate importer-                     investigation.10 These cash deposit                   Ningbo Afa Kitchen and Bath Co., Ltd.
                                                     specific assessment rates on the basis of               requirements, when imposed, shall                     (Ningbo). We preliminarily determine
                                                     the ratio of the total amount of dumping                remain in effect until further notice.                that Ningbo is the successor-in-interest
                                                     calculated for an importer’s examined                                                                         to Yuyao Afa Kitchenware Co., Ltd.
                                                                                                             Notification to Importers
                                                     sales and the total entered value of such                                                                     (Yuyao) for purposes of determining AD
                                                     sales in accordance with 19 CFR                           This notice also serves as a                        liability. Interested parties are invited to
                                                     351.212(b)(1). If Haddecilik’s weighted-                preliminary reminder to importers of                  comment on these preliminary results.
                                                     average dumping margin is zero or de                    their responsibility under 19 CFR                     DATES: Effective Date: February 12,
                                                     minimis in the final results of review, or              351.402(f)(2) to file a certificate                   2016.
                                                     an importer-specific rate is zero or de                 regarding the reimbursement of
                                                                                                             antidumping duties prior to liquidation               FOR FURTHER INFORMATION CONTACT: Ross
                                                     minimis, we will instruct CBP to
                                                                                                             of the relevant entries during this                   Belliveau or Brian Smith, AD/CVD
                                                     liquidate the appropriate entries
                                                                                                             review period. Failure to comply with                 Operations, Office II, Enforcement and
                                                     without regard to antidumping duties.
                                                                                                             this requirement could result in the                  Compliance, International Trade
                                                     For entries of subject merchandise
                                                                                                             Department’s presumption that                         Administration, U.S. Department of
                                                     during the POR produced by the
                                                                                                             reimbursement of antidumping duties                   Commerce, 1401 Constitution Avenue
                                                     respondent for which it did not know its
                                                                                                             occurred and the subsequent assessment                NW., Washington, DC 20230; telephone:
                                                     merchandise was destined for the
                                                                                                             of double antidumping duties.                         (202) 482–4952 or (202) 482–1766.
                                                     United States, we will instruct CBP to
                                                                                                               We are issuing and publishing these                 SUPPLEMENTARY INFORMATION:
                                                     liquidate un-reviewed entries at the all-
                                                     others rate if there is no rate for the                 results in accordance with sections                   Background
                                                     intermediate company involved in the                    751(a)(1) and 777(i)(1) of the Act and 19
                                                                                                             CFR 351.213(h)(1).                                       On April 11, 2013, the Department
                                                     transaction.9                                                                                                 published in the Federal Register an AD
                                                        We intend to issue instructions to                     Dated: February 5, 2016.                            order on drawn stainless steel sinks
                                                     CBP 15 days after publication of the                    Paul Piquado,                                         from the PRC.1 On November 19, 2015,
                                                     final results of this review.                           Assistant Secretary for Enforcement and               Ningbo, a producer/exporter of drawn
                                                                                                             Compliance.                                           stainless steel sinks covered by this
                                                     Cash Deposit Requirements
                                                                                                             Appendix—List of Topics Discussed in                  order, changed its name from Yuyao to
                                                        The following deposit requirements                   the Preliminary Decision Memorandum                   Ningbo. On December 22, 2015, Ningbo
                                                     will be effective upon publication of the                                                                     requested that the Department conduct
                                                                                                             Summary                                               a changed circumstances review under
                                                     notice of final results of administrative               Background
                                                     review for all shipments of light-walled                Scope of the Order
                                                                                                                                                                   section 19 U.S.C. 1675(b) and 19 CFR
                                                     rectangular pipe and tube from Turkey                   Methodology                                           351.216.2 In this request, Ningbo asked
                                                     entered, or withdrawn from warehouse,                     Fair Value Comparisons                              the Department to determine that it is
                                                     for consumption on or after the date of                   Product Comparisons                                 the successor-in-interest to Yuyao and,
                                                     publication as provided by section                        Determination of Comparison Method                  accordingly, to assign it the cash deposit
                                                     751(a)(2) of the Act: (1) The cash deposit                Date of Sale                                        rate of Yuyao.3
                                                     rate for Haddecilik will be the weighted-                 U.S. Price
                                                                                                               Duty Drawback                                       Scope of the Order
                                                     average dumping margin established in
                                                                                                               Normal Value                                           The products covered by the scope of
                                                     the final results of this administrative                  Currency Conversion
                                                     review except if the rate is de minimis                                                                       this order are drawn stainless steel sinks
                                                                                                             Conclusion
                                                     within the meaning of 19 CFR                                                                                  with single or multiple drawn bowls,
                                                                                                             [FR Doc. 2016–02995 Filed 2–11–16; 8:45 am]           with or without drain boards, whether
                                                     351.106(c)(1), in which case the cash
                                                     deposit rate will be zero; (2) for                      BILLING CODE 3510–DS–P                                finished or unfinished, regardless of
                                                     merchandise exported by manufacturers                                                                         type of finish, gauge, or grade of
                                                     or exporters not covered in this review                                                                       stainless steel. Mounting clips,
                                                                                                             DEPARTMENT OF COMMERCE                                fasteners, seals, and sound-deadening
                                                     but covered in a prior segment of the
                                                     proceeding, the cash deposit rate will                                                                        pads are also covered by the scope of
                                                                                                             International Trade Administration
                                                     continue to be the company-specific rate                                                                      this order if they are included within
                                                     published for the most recently                         [A–570–983]                                           the sales price of the drawn stainless
                                                     completed segment of this proceeding in                                                                       steel sinks. For purposes of this scope
                                                                                                             Notice of Initiation and Preliminary                  definition, the term ‘‘drawn’’ refers to a
                                                     which the manufacturer or exporter
                                                                                                             Results of Antidumping Duty Changed                   manufacturing process using metal
                                                     participated; (3) if the exporter is not a
                                                                                                             Circumstances Review: Drawn                           forming technology to produce a smooth
                                                     firm covered in this review, a prior
                                                                                                             Stainless Steel Sinks From the                        basin with seamless, smooth, and
                                                     review, or the original less-than-fair-
                                                                                                             People’s Republic of China                            rounded corners. Drawn stainless steel
                                                     value investigation but the manufacturer
                                                     is, the cash deposit rate will be the rate              AGENCY:  Enforcement and Compliance,                  sinks are available in various shapes
                                                     established for the most recently                       International Trade Administration,                   and configurations and may be
                                                     completed segment of the proceeding                     Department of Commerce.
                                                                                                                                                                     1 See Drawn Stainless Steel Sinks from the
                                                     for the manufacturer of the                             SUMMARY: The Department of Commerce                   People’s Republic of China: Amended Final
asabaliauskas on DSK9F6TC42PROD with NOTICES2




                                                     merchandise; (4) the cash deposit rate                  (the Department) is initiating a changed              Determination of Sales at Less Than Fair Value and
                                                     for all other manufacturers or exporters                circumstances review (CCR) of the                     Antidumping Duty Order, 78 FR 21592 (April 11,
                                                     will continue to be 27.04 percent ad                    antidumping duty (AD) order on drawn                  2013).
                                                                                                                                                                     2 See Letter from Ningbo, entitled ‘‘Drawn
                                                     valorem, the all-others rate established                stainless steel sinks from the People’s               Stainless Steel Sinks from the People’s Republic of
                                                     in the less-than-fair-value                             Republic of China (PRC) with regard to                China: Request for Changed Circumstances Review
                                                                                                                                                                   by Yuyao Afa Kitchenware Co., Ltd. and Ningbo Afa
                                                       9 See Antidumping and Countervailing Duty               10 See Notice of Antidumping Duty Order: Light-     Kitchen and Bath Co., Ltd.,’’ dated December 22,
                                                     Proceedings: Assessment of Antidumping Duties, 68       Walled Rectangular Pipe and Tube From Turkey, 73      2015 (Ningbo CCR Request).
                                                     FR 23954 (May 6, 2003).                                 FR 31065 (May 30, 2008).                                3 Id.




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                                                                                   Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Notices                                                       7505

                                                     described in a number of ways                           expediting this CCR is warranted                       19, 2015, respectively; 10 (2) a copy of
                                                     including flush mount, top mount, or                    because we have the information                        the government certification and
                                                     undermount (to include the attachment                   necessary to make a preliminary finding                approval of the company’s name change
                                                     relative to the countertop). Stainless                  already on the record, in accordance                   from Yuyao to Ningbo; 11 (3) an excerpt
                                                     steel sinks with multiple drawn bowls                   with our practice.6                                    from Yuyao’s June 25, 2015, separate
                                                     that are joined through a welding                          In determining whether one company                  rate application documenting the
                                                     operation to form one unit are covered                  is the successor-in-interest to another,               ownership of the company; 12 (4) an
                                                     by the scope of the order. Drawn                        the Department examines a number of                    excerpt from Yuyao’s June 25, 2015,
                                                     stainless steel sinks are covered by the                factors including, but not limited to,                 separate rate application listing the
                                                     scope of the order whether or not they                  changes in management, production                      company’s management team; 13 (5) a
                                                     are sold in conjunction with non-subject                facilities, supplier relationships, and                listing of the company’s suppliers before
                                                     accessories such as faucets (whether                    customer base.7 While no single factor                 and after its name change.14 Ningbo also
                                                     attached or unattached), strainers,                     or combination of these factors will                   submitted information pertaining to its
                                                     strainer sets, rinsing baskets, bottom                  necessarily provide a dispositive                      location/production facilities and U.S.
                                                     grids, or other accessories.                            indication of a successor-in-interest                  customer base.15
                                                        Excluded from the scope of the order                 relationship, the Department will                         Based on the evidence on the record,
                                                     are stainless steel sinks with fabricated               generally consider the new company to                  we preliminarily find that Ningbo is the
                                                     bowls. Fabricated bowls do not have                     be the successor to the previous                       successor-in-interest to Yuyao. We find
                                                     seamless corners, but rather are made by                company if the new company’s resulting                 that Ningbo operates as the same
                                                     notching and bending the stainless steel,               operation is not materially dissimilar to              business entity as Yuyao and that its
                                                     and then welding and finishing the                      that of its predecessor.8 Thus, if the                 ownership, management, production
                                                     vertical corners to form the bowls.                     evidence demonstrates that, with                       facilities, supplier relationships, and
                                                     Stainless steel sinks with fabricated                   respect to the production and sale of the              customers have not changed as a result
                                                     bowls may sometimes be referred to as                   subject merchandise, the new company                   of its name change. Thus, we
                                                     ‘‘zero radius’’ or ‘‘near zero radius’’                                                                        preliminarily find that Ningbo should
                                                                                                             operates as the same business entity as
                                                     sinks.                                                                                                         receive the same antidumping duty cash
                                                                                                             the prior company, the Department will
                                                                                                                                                                    deposit rate with respect to the subject
                                                        The products covered by this order                   assign the new company the cash
                                                                                                                                                                    merchandise as Yuyao, its predecessor
                                                     are currently classified in the                         deposit rate of its predecessor.9
                                                                                                                                                                    company.16
                                                     Harmonized Tariff Schedule of the                          In its December 22, 2015 submission,                   Should our final results remain the
                                                     United States (HTSUS) under statistical                 Ningbo provided information to                         same as these preliminary results, we
                                                     reporting number 7324.10.0000 and                       demonstrate that it is the successor-in-               will instruct U.S. Customs and Border
                                                     7324.10.0010. Although the HTSUS                        interest to Yuyao. Ningbo states that the              Protection to suspend entries of subject
                                                     subheadings are provided for                            company’s ownership, location/                         merchandise exported by Ningbo at
                                                     convenience and customs purposes, the                   production facilities, management, and                 Yuyao’s cash deposit rate, effective on
                                                     written description of the scope is                     customer base have not changed as a                    the publication date of our final results.
                                                     dispositive.                                            result of the corporate name change. It
                                                                                                             states further that its suppliers have                 Public Comment
                                                     Initiation and Preliminary Results of
                                                                                                             remained largely the same, with some                      Interested parties may submit case
                                                     Changed Circumstances Review
                                                                                                             suppliers added but none eliminated.                   briefs and/or written comments not later
                                                       Pursuant to section 751(b)(1)(A) of the               To support its claims, Ningbo submitted                than 14 days after the publication of this
                                                     Tariff Act of 1930, as amended (the Act)                the following documents: (1) A copy of                 notice.17 Rebuttal briefs, which must be
                                                     and 19 CFR 351.216(d), the Department                   Ningbo’s old and new business licenses,                limited to issues raised in case briefs,
                                                     will conduct a CCR upon receipt of a                    issued on June 2, 2015, and November                   may be filed not later than five days
                                                     request from an interested party for a                                                                         after the deadline for filing case briefs.18
                                                     review of an AD order which shows                       Changed Circumstances Review, 80 FR 48807              Parties who submit case briefs or
                                                     changed circumstances sufficient to                     (August 14, 2015) (Pasta From Italy Final Results)).   rebuttal briefs in this changed
                                                                                                               6 See, e.g., Pasta From Italy Preliminary Results,
                                                     warrant a review of the order. The
                                                                                                             80 FR at 33480–41 (unchanged in Pasta From Italy
                                                     information submitted by Ningbo                         Final Results, 80 FR at 48807).
                                                                                                                                                                      10 See  Ningbo CCR Request at Exhibit 1.
                                                                                                                                                                      11 Id. at Exhibit 2.
                                                     supporting its claim that it is the                       7 See, e.g., Notice of Initiation and Preliminary
                                                                                                                                                                      12 Id. at Exhibit 3.
                                                     successor-in-interest to Yuyao                          Results of Antidumping Duty Changed                      13 Id. at Exhibit 4.
                                                     demonstrates changed circumstances                      Circumstances Review: Certain Frozen Warmwater
                                                                                                                                                                      14 Id. at Exhibit 5.
                                                     sufficient to warrant such a review.4                   Shrimp From Thailand, 75 FR 61702, 61703
                                                                                                                                                                      15 Id. at 3–4.
                                                                                                             (October 6, 2010) (Shrimp From Thailand
                                                       In accordance with the above-                         Preliminary Results) (unchanged in Notice of Final       16 Yuyao received a 4.29 percent dumping margin

                                                     referenced regulation, the Department is                Results of Antidumping Duty Changed                    in the 2012–2014 administrative review of the AD
                                                     initiating a CCR to determine whether                   Circumstances Review: Certain Frozen Warmwater         order on drawn stainless steel sinks from the PRC.
                                                                                                             Shrimp From Thailand, 75 FR 74684 (December 1,         See Drawn Stainless Steel Sinks from the People’s
                                                     Ningbo is the successor-in-interest to                  2010) (Shrimp From Thailand Final Results)); and       Republic of China: Final Results of the
                                                     Yuyao. When it concludes that                           Industrial Phosphoric Acid From Israel: Final          Antidumping Duty Administrative Review; 2012–
                                                     expedited action is warranted, the                      Results of Antidumping Duty Changed                    2014, 80 FR 69644, 69645 (November 10, 2015). We
                                                     Department may publish the notice of                    Circumstances Review, 59 FR 6944, 6946 (February       note that Yuyao is also a respondent in the current
                                                                                                             14, 1994).                                             2014–2015 administrative review of this
asabaliauskas on DSK9F6TC42PROD with NOTICES2




                                                     initiation and preliminary results for a                  8 See, e.g., Shrimp From Thailand Preliminary        antidumping duty order. See Initiation of
                                                     CCR concurrently.5 We determined that                   Results, 75 FR at 61703 (unchanged in Shrimp From      Antidumping and Countervailing Duty
                                                                                                             Thailand Final Results, 75 FR at 74684).               Administrative Reviews, 80 FR 30041, 30046 (May
                                                       4 See 19 CFR 351.216(d).                                9 Id.; see also Notice of Final Results of Changed   26, 2015). At the conclusion of this CCR, if we
                                                       5 See 19 CFR 351.221(c)(3)(ii); see also Certain      Circumstances Antidumping Duty Administrative          determine that Ningbo is the successor-in-interest to
                                                     Pasta From Italy: Initiation and Preliminary Results    Review: Polychloroprene Rubber From Japan, 67 FR       Yuyao, we will assign Ningbo an updated cash
                                                     of Antidumping Duty Changed Circumstances               58, 59 (January 2, 2002); and Ball Bearings and        deposit rate based on the final results of the ongoing
                                                     Review, 80 FR 33480, 33480–41 (June 12, 2015)           Parts Thereof from France: Final Results of            review.
                                                                                                                                                                      17 See 19 CFR 351.309(c)(ii).
                                                     (Pasta From Italy Preliminary Results) (unchanged       Changed-Circumstances Review, 75 FR 34688,
                                                     in Certain Pasta From Italy: Final Results of           34689 (June 18, 2010).                                   18 See 19 CFR 351.309(d).




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                                                     7506                          Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Notices

                                                     circumstances review are requested to                   for Improving Critical Infrastructure                 Enhancement Act of 2014 1 to ‘‘facilitate
                                                     submit with each argument: (1) A                        Cybersecurity’’ (the ‘‘Framework’’)                   and support the development of a
                                                     statement of the issue; (2) a brief                     through February 23, 2016. In a Request               voluntary, consensus-based, industry-
                                                     summary of the argument; and (3) a                      for Information (RFI) that published in               led set of standards, guidelines, best
                                                     table of authorities. Interested parties                the Federal Register on December 11,                  practices, methodologies, procedures,
                                                     who wish to comment on the                              2015 (80 FR 76934), NIST requested                    and processes to cost-effectively reduce
                                                     preliminary results must file briefs                    information about the variety of ways in              cyber risks to critical infrastructure.’’ 2
                                                     electronically using Enforcement and                    which the Framework is being used to                  Executive Order 13636, ‘‘Improving
                                                     Compliance’s Antidumping and                            improve cybersecurity risk management,                Critical Infrastructure Cybersecurity’’ 3
                                                     Countervailing Duty Centralized                         how best practices for using the                      tasked the Secretary of Commerce to
                                                     Electronic Service System (ACCESS).                     Framework are being shared, the                       direct the Director of NIST to lead the
                                                     ACCESS is available to registered users                 relative value of different parts of the              development of a framework to reduce
                                                     at http://access.trade.gov. An                          Framework, the possible need for an
                                                                                                                                                                   cyber risks to critical infrastructure. A
                                                     electronically-filed document must be                   update of the Framework, and options
                                                                                                                                                                   final version of Framework 1.0 was
                                                     received successfully in its entirety by                for the long-term governance of the
                                                     the Department’s electronic records                     Framework. NIST is extending the                      published on February 12, 2014, after a
                                                     system, ACCESS, by 5 p.m. Eastern                       comment period announced in the                       year-long, open process involving
                                                     Time on the date the document is due.                   December 11, 2015 RFI from February 9,                private and public sector organizations,
                                                        Interested parties that wish to request              2016 to February 23, 2016.                            including extensive industry input and
                                                     a hearing must submit a written request                                                                       public comments, and announced in the
                                                                                                             DATES: Comments must be received by                   Federal Register (79 FR 9167) on
                                                     to the Assistant Secretary for
                                                                                                             5:00 p.m. Eastern time on February 23,                February 18, 2014. On December 11,
                                                     Enforcement and Compliance, filed
                                                                                                             2016. Comments received after February                2015 NIST published a RFI in the
                                                     electronically via ACCESS, within 14
                                                                                                             9, 2016 and before publication of this
                                                     days of publication of this notice.19                                                                         Federal Register (80 FR 76934) seeking
                                                                                                             notice are deemed to be timely.
                                                     Parties will be notified of the time and                                                                      information about the variety of ways in
                                                     date of any hearing, if requested.20                    ADDRESSES:   Written comments may be                  which the Framework is being used to
                                                        Consistent with 19 CFR 351.216(e),                   submitted by mail to Diane Honeycutt,                 improve cybersecurity risk management,
                                                     we intend to issue the final results of                 National Institute of Standards and                   how best practices for using the
                                                     this changed circumstance review no                     Technology, 100 Bureau Drive, Stop                    Framework are being shared, the
                                                     later than 270 days after the date on                   8930, Gaithersburg, MD 20899. Online                  relative value of different parts of the
                                                     which this review was initiated, or                     submissions in electronic form may be                 Framework, the possible need for an
                                                     within 45 days of publication of these                  sent to cyberframework@nist.gov in any                update of the Framework, and options
                                                     preliminary results if all parties agree to             of the following formats: HTML; ASCII;                for the long-term governance of the
                                                     our preliminary finding.                                Word; RTF; or PDF. Please include your
                                                                                                                                                                   Framework. NIST is extending the
                                                        We are issuing and publishing this                   name and your organization’s name (if
                                                     finding and notice in accordance with                                                                         comment period announced in the
                                                                                                             any), and cite ‘‘Views on the Framework
                                                     sections 751(b)(1) and 777(i)(1) of the                 for Improving Critical Infrastructure                 December 11, 2015 RFI from February 9,
                                                     Act, and 19 CFR 351.216 and                             Cybersecurity’’ in all correspondence.                2016 to February 23, 2016 to allow
                                                     351.221(c)(3)(ii).                                      Comments containing references,                       comments to be submitted during a
                                                                                                             studies, research, and other empirical                timeframe in which a variety of
                                                       Dated: February 5, 2016.
                                                                                                             data that are not widely published                    cybersecurity events are scheduled to
                                                     Paul Piquado,
                                                                                                             should include copies of the referenced               occur.
                                                     Assistant Secretary for Enforcement and
                                                     Compliance.                                             materials. Please do not submit                       Kevin Kimball,
                                                                                                             additional materials.
                                                     [FR Doc. 2016–02997 Filed 2–11–16; 8:45 am]                                                                   Chief of Staff.
                                                     BILLING CODE 3510–DS–P
                                                                                                               All comments received in response to                [FR Doc. 2016–02860 Filed 2–11–16; 8:45 am]
                                                                                                             this RFI will be posted at http://www.
                                                                                                                                                                   BILLING CODE 3510–13–P
                                                                                                             nist.gov/cyberframework/cybersecurity-
                                                     DEPARTMENT OF COMMERCE                                  framework-rfi.cfm without change or
                                                                                                             redaction, so commenters should not
                                                     National Institute of Standards and                     include information they do not wish to
                                                     Technology                                              be posted (e.g., personal or confidential
                                                     [Docket Number 151103999–6076–02]
                                                                                                             business information).
                                                                                                             FOR FURTHER INFORMATION CONTACT:      For
                                                     Views on the Framework for Improving                    questions about this RFI contact: Diane                  1 Public Law 113–274 (2014): http://www.gpo.
                                                     Critical Infrastructure Cybersecurity                   Honeycutt, National Institute of                      gov/fdsys/pkg/PLAW-113publ274/pdf/PLAW-
                                                     AGENCY: National Institute of Standards                 Standards and Technology, 100 Bureau                  113publ274.pdf
                                                     and Technology, Commerce.                               Drive, Stop 8930, Gaithersburg, MD                       2 Id., codified in relevant part at 15 U.S.C.

                                                                                                             20899 or cyberframework@nist.gov.                     272(c)(15). Congress’s intent was to codify NIST’s
                                                     ACTION: Notice; extension of comment
                                                                                                             Please direct media inquiries to NIST’s               role in Executive Order No. 13636: ‘‘Title I would
                                                     period.
asabaliauskas on DSK9F6TC42PROD with NOTICES2




                                                                                                             Office of Public Affairs at (301) 975–                codify certain elements of Executive Order 13636
                                                                                                             2762.                                                 by directing the National Institute of Standards and
                                                     SUMMARY:  The National Institute of                                                                           Technology (NIST) to develop a framework of
                                                     Standards and Technology (NIST) is                                                                            voluntary standards designed to reduce risks arising
                                                                                                             SUPPLEMENTARY INFORMATION:    NIST is
                                                     extending the period for submitting                                                                           from cyberattacks on critical infrastructure that is
                                                                                                             extending the comment period
                                                     comments relating to the ‘‘Framework                                                                          privately owned and operated.’’ S. Rep. No. 113–
                                                                                                             announced in the December 11, 2015                    270, at 9 (2014).
                                                       19 See 19 CFR 351.310(c); see also 19 CFR 351.303
                                                                                                             Request for Information (RFI) (80 FR                     3 Exec. Order No. 13636, Improving Critical

                                                     for general filing requirements.                        76934) through February 23, 2016. NIST                Infrastructure Cybersecurity, 78 FR 11739 (Feb. 19,
                                                       20 See 19 CFR 351.310.                                is authorized by the Cybersecurity                    2013).



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Document Created: 2016-02-12 01:24:24
Document Modified: 2016-02-12 01:24:24
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
ContactRoss Belliveau or Brian Smith, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4952 or (202) 482-1766.
FR Citation81 FR 7504 

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