81_FR_76774 81 FR 76561 - Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China

81 FR 76561 - Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 213 (November 3, 2016)

Page Range76561-76563
FR Document2016-26600

The Department of Commerce (the ``Department'') is simultaneously initiating, and issuing the preliminary results, of a changed circumstances review of the antidumping duty (``AD'') order on crystalline silicon photovoltaic cells, whether or not assembled into modules, (``solar cells'') from the People's Republic of China (``PRC'') regarding whether Zhejiang ERA Solar Technology Co., Ltd (``Zhejiang ERA'') is the successor-in-interest to Era Solar Co., Ltd (``Era Solar''). Based on the information on the record, we preliminarily determine that Zhejiang ERA is the successor-in-interest to Era Solar for purposes of the AD order on solar cells from the PRC and, as such, is entitled to Zhejiang ERA's cash deposit rate with respect to entries of subject merchandise. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 81 Issue 213 (Thursday, November 3, 2016)
[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Notices]
[Pages 76561-76563]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26600]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979]


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

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

SUMMARY: The Department of Commerce (the ``Department'') is 
simultaneously initiating, and issuing the preliminary results, of a 
changed circumstances review of the antidumping duty (``AD'') order on 
crystalline silicon photovoltaic cells, whether or not assembled into 
modules, (``solar cells'') from the People's Republic of China 
(``PRC'') regarding whether Zhejiang ERA Solar Technology Co., Ltd 
(``Zhejiang ERA'') is the successor-in-interest to Era Solar Co., Ltd 
(``Era Solar''). Based on the information on the record, we 
preliminarily determine that Zhejiang ERA is the successor-in-interest 
to Era Solar for purposes of the AD order on solar cells from the PRC 
and, as such, is entitled to Zhejiang ERA's cash

[[Page 76562]]

deposit rate with respect to entries of subject merchandise. Interested 
parties are invited to comment on these preliminary results.

DATES: Effective November 3, 2016.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen or Eli Lovely, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-2769 and (2020 482-
1593, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 7, 2012, the Department published the AD order on solar 
cells from the PRC in the Federal Register.\1\ On August 31, 2016, 
Zhejiang ERA requested that the Department initiate an expedited 
changed circumstances review to determine that Zhejiang ERA is the 
successor-in-interest to Era Solar for AD purposes.\2\ On September 12, 
2016, Zhejiang ERA responded to a request for additional information 
from the Department issued on September 9, 2016.\3\ We have received no 
comments on Zhejiang ERA's CCR Request.
---------------------------------------------------------------------------

    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China: Amended 
Final Determination of Sales at Less Than Fair Value, and 
Antidumping Duty Order, 77 FR 73018 (December 7, 2012) (``Order'').
    \2\ See Letter from Zhejiang ERA to the Department regarding, 
``Re. Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules from the People's Republic of China: Request 
for Expedited Changed Circumstances Review'' (August 31, 2016) 
(``CCR Request'').
    \3\ See Letter from Hangzhou Sunny to the Department, regarding 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules: Response to Supplemental Questionnaire of Zhejiang ERA 
Solar Technology Co., Ltd'' (September 12, 2016) (``Supplemental 
Response'').
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the Order is crystalline silicon 
photovoltaic cells, whether or not assembled into modules, subject to 
certain exclusions.\4\
---------------------------------------------------------------------------

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

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

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as 
amended, (the ``Act'') and 19 CFR 351.216(d), the Department will 
conduct a changed circumstances review of an order upon receipt of 
information concerning, or of a request from an interested party for a 
review of, an order which shows changed circumstances sufficient to 
warrant a review of the order. In the past, the Department has used 
changed circumstances reviews to address the applicability of cash 
deposit rates after there have been changes in the name or structure of 
a respondent, such as a merger or spinoff (``successor-in-interest,'' 
or ``successorship,'' determinations). Thus, consistent with Department 
practice, the information submitted by Zhejiang ERA, which includes 
information regarding a name change, demonstrates changed circumstances 
sufficient to warrant a review.\5\
---------------------------------------------------------------------------

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

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

Preliminary Determination

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

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

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

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

    In its CCR Request and its Supplemental Response, Zhejiang ERA 
provided evidence demonstrating that it is essentially the same company 
as Era Solar.\11\ According to the information provided, the principal 
owners remained the same both pre- and post-name change. Further, 
although the nine-person board of directors was reduced from nine 
directors to three directors as a result of changes to Era Solar's 
legal form, the ultimate owners continued to occupy positions on the 
board after the name change. With regard to management, eight of the 
nine managers maintained their positions after the company name 
change.\12\ Regarding its production of the subject merchandise, 
Zhejiang ERA stated that its production facility is the same as that of 
Era Solar.\13\ Zhejiang ERA also provided documentation showing that 
there has been no material changes in suppliers of inputs or services 
related to the production, sale and distribution of the subject 
merchandise \14\ or in the customer base as a result of the name

[[Page 76563]]

change.\15\ Based on the foregoing, which is explained in greater 
detail in the Preliminary Decision Memorandum, we preliminarily 
determine that Zhejiang ERA is the successor-in-interest to Era Solar 
and, as such, that it is entitled to Zhejiang ERA's AD cash deposit 
rate with respect to entries of subject merchandise.
---------------------------------------------------------------------------

    \11\ See, generally, CCR Request and Supplemental Response.
    \12\ Id.
    \13\ Id.
    \14\ Id.
    \15\ Id.
---------------------------------------------------------------------------

    Should our final results remain the same as these preliminary 
results, effective the date of publication of the final results, we 
will instruct U.S. Customs and Border Protection to suspend liquidation 
of entries of subject merchandise exported by Zhejiang ERA at the AD 
cash deposit rate applicable to Era Solar.

Public Comment

    Interested parties may submit case briefs not later than 14 days 
after the date of publication of this notice.\16\ Rebuttal briefs, 
which must be limited to issues raised in case briefs, may be filed not 
later than seven days after the due date for case briefs.\17\ Parties 
who submit case briefs or rebuttal briefs in this changed circumstances 
review are requested to submit with each argument: (1) A statement of 
the issue and (2) a brief summary of the argument with an electronic 
version included.\18\
---------------------------------------------------------------------------

    \16\ The Department is exercising its discretion under 19 CFR 
351.309(c)(1)(ii) to alter the time limit for the filing of case 
briefs.
    \17\ The Department is exercising its discretion under 19 CFR 
351.309(d)(1) to alter the time limit for the filing of rebuttal 
briefs.
    \18\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 14 days of 
publication of this notice.\19\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations at the hearing will be limited to 
issues raised in the briefs. If a request for a hearing is made, 
parties will be notified of the time and date for the hearing to be 
held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230 in a room to be determined.\20\
---------------------------------------------------------------------------

    \19\ The Department is exercising its discretion under 19 CFR 
351.310(c) to alter the time limit for requesting a hearing.
    \20\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    All submissions, with limited exceptions, must be filed 
electronically using Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System 
(``ACCESS'').\21\ An electronically filed document must be received 
successfully in its entirety by 5 p.m. Eastern Time (``ET'') on the due 
date. Documents excepted from the electronic submission requirements 
must be filed manually (i.e., in paper form) with the APO/Dockets Unit 
in Room 18022 and stamped with the date and time of receipt by 5 p.m. 
ET on the due date.\22\
---------------------------------------------------------------------------

    \21\ ACCESS is available to registered users at https://access.trade.gov and available to all parties in the Central Records 
Unit, Room B8024 of the main Department of Commerce building.
    \22\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------

    Unless extended, 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 if all parties agree to the outcome of the review.
    We are issuing and publishing this initiation and preliminary 
results notice in accordance with sections 751(b)(1) and 777(i)(1) of 
the Act and 19 CFR 351.216 and 351.221(c)(3).

    Dated: October 27, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-26600 Filed 11-2-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                              Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices                                                76561

                                                  sufficient indication that CTP is not                    Commerce and other agencies on major                 Trade Finance Advisory Council
                                                  subject to either de jure or de facto                    issues impacting this area. The final                Designated Federal Officer, via email to
                                                  government control with respect to its                   agenda will be posted on the                         TFAC@trade.gov ; or (b) Paper
                                                  exports of subject merchandise.                          Department of Commerce Web site for                  Submissions: Send paper statements to
                                                    On February 24, 2016, the President                    the Council at http://trade.gov/tfac/, at            Ericka Ukrow, U.S. Department of
                                                  signed into law the Trade Facilitation                   least one week in advance of the                     Commerce Trade Finance Advisory
                                                  and Trade Enforcement Act of 2015,                       meeting.                                             Council Designated Federal Officer,
                                                  H.R. 644, which made several                             DATES: Friday, November 18, 2016, from               Room 18002, 1401 Constitution Avenue
                                                  amendments to section 751(a)(2)(B) of                    approximately 9:00 a.m. to 12:00 p.m.                NW., Washington, DC 20230.
                                                  the Act. We will conduct this NSR in                     Eastern Standard Time (EST).                         Statements will be posted on the TFAC
                                                  accordance with section 751(a)(2)(B) of                                                                       Web site without change, including any
                                                                                                           FOR FURTHER INFORMATION CONTACT:
                                                  the Act, as amended by the Trade                                                                              business or personal information
                                                                                                           Ericka Ukrow, Designated Federal
                                                  Facilitation and Trade Enforcement Act                                                                        provided such as names, addresses,
                                                                                                           Officer, Office of Finance and Insurance
                                                  of 2015.16                                                                                                    email addresses, or telephone numbers.
                                                    Interested parties requiring access to                 Industries (OFII), International Trade
                                                                                                                                                                All statements received, including
                                                  proprietary information in this NSR                      Administration, U.S. Department of
                                                                                                                                                                attachments and other supporting
                                                  should submit applications for                           Commerce at (202) 482–0405; email:
                                                                                                                                                                materials, are part of the public record
                                                  disclosure under administrative                          Ericka.Ukrow@trade.gov.
                                                                                                                                                                and are subject to public disclosure.
                                                  protective order, in accordance with 19                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                                You should submit only information
                                                  CFR 351.305 and 19 CFR 351.306.                          I. Background                                        that you wish to make publicly
                                                    This initiation and notice are in                                                                           available.
                                                  accordance with section 751(a)(2)(B) of                     On July 25, 2016, the Secretary of
                                                  the Act, 19 CFR 351.214, and 19 CFR                      Commerce established the TFAC                        III. Meeting Minutes
                                                  351.221(c)(1)(i).                                        pursuant to discretionary authority and
                                                                                                                                                                  Copies of TFAC meeting minutes will
                                                                                                           in accordance with the Federal
                                                  Christian Marsh,
                                                                                                                                                                be available within 30 days following
                                                                                                           Advisory Committee Act, as amended, 5
                                                                                                                                                                the meeting.
                                                  Deputy Assistant Secretary for Antidumping               U.S.C. App. The TFAC advises the
                                                  and Countervailing Duty Operations.                      Secretary of Commerce in identifying                   Dated: October 27, 2016.
                                                  [FR Doc. 2016–26587 Filed 11–2–16; 8:45 am]              effective ways to help expand access to              Paul Thanos
                                                  BILLING CODE 3510–DS–P                                   finance for U.S. exporters, especially               Director, Office of Finance and Insurance
                                                                                                           small- and medium-sized enterprises                  Industries.
                                                                                                           (SMEs) and their foreign buyers. The                 [FR Doc. 2016–26572 Filed 11–2–16; 8:45 am]
                                                  DEPARTMENT OF COMMERCE                                   TFAC also provides a forum to facilitate             BILLING CODE P
                                                                                                           the discussion between a diverse group
                                                  International Trade Administration                       of stakeholders such as banks, non-bank
                                                                                                           financial institutions, other trade                  DEPARTMENT OF COMMERCE
                                                  U.S. Department of Commerce Trade
                                                                                                           finance related organizations, and
                                                  Finance Advisory Council                                                                                      International Trade Administration
                                                                                                           exporters, to gain a better understanding
                                                  AGENCY: International Trade                              regarding current challenges facing U.S.             [A–570–979]
                                                  Administration, U.S. Department of                       exporters in accessing capital.
                                                  Commerce.                                                   On November 18, 2016, the TFAC will               Initiation and Preliminary Results of
                                                  ACTION: Notice of an Open Meeting.                       hold its inaugural meeting. Members                  Antidumping Duty Changed
                                                                                                           will be sworn-in, discuss the Council’s              Circumstances Review: Crystalline
                                                  SUMMARY:    The U.S. Department of                       operational structure, major challenges              Silicon Photovoltaic Cells, Whether or
                                                  Commerce Trade Finance Advisory                          impacting the provision of trade finance             Not Assembled Into Modules, From the
                                                  Council (TFAC) will hold its inaugural                   as well as prospects to foster greater               People’s Republic of China
                                                  meeting on Friday, November 18, 2016,                    access to private sector financing for
                                                  at the U.S. Department of Commerce                       U.S. exporters, and key priorities to                AGENCY:   Enforcement and Compliance,
                                                  Library, in Washington, DC. The                          focus on during their term. Members                  International Trade Administration,
                                                  meeting is open to the public with                       will also hear from officials from the               Department of Commerce.
                                                  registration instructions provided                       Department of Commerce and other                     SUMMARY: The Department of Commerce
                                                  below.                                                   agencies on the resources available to               (the ‘‘Department’’) is simultaneously
                                                     The TFAC was chartered on August                      support our exporters in the trade                   initiating, and issuing the preliminary
                                                  11, 2016, to advise the Secretary in                     finance area. The agenda may change to               results, of a changed circumstances
                                                  identifying effective ways to help                       accommodate TFAC requirements. The                   review of the antidumping duty (‘‘AD’’)
                                                  expand access to finance for U.S.                        final agenda will be posted on the                   order on crystalline silicon photovoltaic
                                                  exporters, especially small and medium-                  Department of Commerce Web site for                  cells, whether or not assembled into
                                                  sized enterprises, and their foreign                     the Council http://trade.gov/tfac/ at                modules, (‘‘solar cells’’) from the
                                                  buyers. At the meeting, members will be                  least a week prior to the meeting.                   People’s Republic of China (‘‘PRC’’)
                                                  sworn-in and will begin a discussion of                                                                       regarding whether Zhejiang ERA Solar
                                                  the work they will undertake during                      II. Public Participation                             Technology Co., Ltd (‘‘Zhejiang ERA’’)
                                                  their term. They will also be briefed by                    The public is invited to submit                   is the successor-in-interest to Era Solar
mstockstill on DSK3G9T082PROD with NOTICES




                                                  officials from the Department of                         written statements for the TFAC’s                    Co., Ltd (‘‘Era Solar’’). Based on the
                                                                                                           meeting. Statements must be received                 information on the record, we
                                                    16 Notably, the Trade Facilitation and Trade           by 5:00 p.m. EST, November 11, 2016 by               preliminarily determine that Zhejiang
                                                  Enforcement Act of 2015 removed from section             either of the following methods: (a)                 ERA is the successor-in-interest to Era
                                                  751(a)(2)(B) of the Act the provision directing the
                                                  Department to instruct CBP to allow an importer the
                                                                                                           Electronic Submission: Submit                        Solar for purposes of the AD order on
                                                  option of posting a bond or security in lieu of a cash   statements electronically to Ericka                  solar cells from the PRC and, as such,
                                                  deposit during the pendency of an NSR.                   Ukrow, U.S. Department of Commerce                   is entitled to Zhejiang ERA’s cash


                                             VerDate Sep<11>2014   17:54 Nov 02, 2016   Jkt 241001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\03NON1.SGM   03NON1


                                                  76562                      Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices

                                                  deposit rate with respect to entries of                 8501.31.8000. While HTSUS                             of applying the AD law, the Department
                                                  subject merchandise. Interested parties                 subheadings are provided for                          examines a number of factors including,
                                                  are invited to comment on these                         convenience and customs purposes, the                 but not limited to, changes in: (1)
                                                  preliminary results.                                    written description of the subject                    Management, (2) production facilities,
                                                  DATES: Effective November 3, 2016.                      merchandise is dispositive.                           (3) suppliers, and (4) customer base.8
                                                  FOR FURTHER INFORMATION CONTACT: Jeff                   Initiation of Changed Circumstances                   While no one or several of these factors
                                                  Pedersen or Eli Lovely, AD/CVD                          Review                                                will necessarily provide a dispositive
                                                  Operations, Office IV, Enforcement and                                                                        indication of succession, the
                                                                                                             Pursuant to section 751(b)(1) of the               Department will generally consider one
                                                  Compliance, International Trade                         Tariff Act of 1930, as amended, (the
                                                  Administration, U.S. Department of                                                                            company to be the successor to another
                                                                                                          ‘‘Act’’) and 19 CFR 351.216(d), the                   company if its resulting operation is
                                                  Commerce, 1401 Constitution Avenue                      Department will conduct a changed
                                                  NW., Washington, DC 20230; telephone:                                                                         essentially the same as that of its
                                                                                                          circumstances review of an order upon                 predecessor.9 Thus, if the evidence
                                                  (202) 482–2769 and (2020 482–1593,                      receipt of information concerning, or of
                                                  respectively.                                                                                                 demonstrates that, with respect to the
                                                                                                          a request from an interested party for a              production and sale of the subject
                                                  SUPPLEMENTARY INFORMATION:                              review of, an order which shows                       merchandise, the new company
                                                                                                          changed circumstances sufficient to                   operates as the same business entity as
                                                  Background                                              warrant a review of the order. In the                 the prior company, the Department will
                                                     On December 7, 2012, the Department                  past, the Department has used changed                 assign the new company the cash
                                                  published the AD order on solar cells                   circumstances reviews to address the                  deposit rate of its predecessor.10
                                                  from the PRC in the Federal Register.1                  applicability of cash deposit rates after
                                                                                                                                                                   In its CCR Request and its
                                                  On August 31, 2016, Zhejiang ERA                        there have been changes in the name or
                                                                                                                                                                Supplemental Response, Zhejiang ERA
                                                  requested that the Department initiate                  structure of a respondent, such as a
                                                                                                                                                                provided evidence demonstrating that it
                                                  an expedited changed circumstances                      merger or spinoff (‘‘successor-in-
                                                                                                                                                                is essentially the same company as Era
                                                  review to determine that Zhejiang ERA                   interest,’’ or ‘‘successorship,’’
                                                                                                                                                                Solar.11 According to the information
                                                  is the successor-in-interest to Era Solar               determinations). Thus, consistent with
                                                                                                                                                                provided, the principal owners
                                                  for AD purposes.2 On September 12,                      Department practice, the information
                                                                                                                                                                remained the same both pre- and post-
                                                  2016, Zhejiang ERA responded to a                       submitted by Zhejiang ERA, which
                                                                                                                                                                name change. Further, although the
                                                  request for additional information from                 includes information regarding a name
                                                                                                                                                                nine-person board of directors was
                                                  the Department issued on September 9,                   change, demonstrates changed
                                                                                                                                                                reduced from nine directors to three
                                                  2016.3 We have received no comments                     circumstances sufficient to warrant a
                                                                                                                                                                directors as a result of changes to Era
                                                  on Zhejiang ERA’s CCR Request.                          review.5
                                                                                                             Therefore, in accordance with section              Solar’s legal form, the ultimate owners
                                                  Scope of the Order                                      751(b)(1) of the Act and 19 CFR                       continued to occupy positions on the
                                                                                                          351.216(d), the Department is initiating              board after the name change. With
                                                     The merchandise covered by the
                                                                                                          a changed circumstances review to                     regard to management, eight of the nine
                                                  Order is crystalline silicon photovoltaic
                                                                                                          determine whether Zhejiang ERA is the                 managers maintained their positions
                                                  cells, whether or not assembled into
                                                                                                          successor-in-interest to Era Solar.                   after the company name change.12
                                                  modules, subject to certain exclusions.4
                                                                                                                                                                Regarding its production of the subject
                                                     Imports of the subject merchandise                   Preliminary Determination                             merchandise, Zhejiang ERA stated that
                                                  are provided for under the following
                                                                                                             When it concludes that expedited                   its production facility is the same as that
                                                  subheadings of the Harmonized Tariff
                                                                                                          action is warranted, the Department                   of Era Solar.13 Zhejiang ERA also
                                                  Schedule of the United States
                                                                                                          may publish the notice of initiation and              provided documentation showing that
                                                  (‘‘HTSUS’’): 8501.61.0000, 8507.20.80,
                                                                                                          preliminary results for a changed                     there has been no material changes in
                                                  8541.40.6020, 8541.40.6030, and
                                                                                                          circumstances review concurrently.6                   suppliers of inputs or services related to
                                                     1 See Crystalline Silicon Photovoltaic Cells,        The Department has combined the                       the production, sale and distribution of
                                                  Whether or Not Assembled Into Modules, From the         notice of initiation and preliminary                  the subject merchandise 14 or in the
                                                  People’s Republic of China: Amended Final               results in successor-in-interest cases                customer base as a result of the name
                                                  Determination of Sales at Less Than Fair Value,
                                                  and Antidumping Duty Order, 77 FR 73018
                                                                                                          when sufficient documentation has been
                                                  (December 7, 2012) (‘‘Order’’).                         provided supporting the request to make                  8 See, e.g., Initiation and Preliminary Results of

                                                     2 See Letter from Zhejiang ERA to the Department     a preliminary determination.7 In this                 Antidumping Duty Changed Circumstances Review:
                                                                                                                                                                Multilayered Wood Flooring From the People’s
                                                  regarding, ‘‘Re. Crystalline Silicon Photovoltaic       instance, because we have determined                  Republic of China, 79 FR 48117, 48118 (August 15,
                                                  Cells, Whether or Not Assembled Into Modules            that the information necessary to                     2014), unchanged in Multilayered Wood Flooring
                                                  from the People’s Republic of China: Request for
                                                  Expedited Changed Circumstances Review’’                support the request for a preliminary                 From the People’s Republic of China: Final Results
                                                                                                          determination is on the record, we find               of Changed Circumstances Review, 79 FR 58740
                                                  (August 31, 2016) (‘‘CCR Request’’).
                                                                                                                                                                (September 30, 2014).
                                                     3 See Letter from Hangzhou Sunny to the              that expedited action is warranted, and                  9 Id.
                                                  Department, regarding ‘‘Crystalline Silicon             we are combining the notice of                           10 See Notice of Final Results of Changed
                                                  Photovoltaic Cells, Whether or Not Assembled Into
                                                  Modules: Response to Supplemental Questionnaire
                                                                                                          initiation and the notice of preliminary              Circumstances Review: Polychloroprene Rubber
                                                  of Zhejiang ERA Solar Technology Co., Ltd’’             results in accordance with 19 CFR                     from Japan, 69 FR 67890 (November 22, 2004)
                                                  (September 12, 2016) (‘‘Supplemental Response’’).       351.221(c)(3)(ii).                                    citing, Brass Sheet and Strip from Canada: Notice
                                                                                                                                                                of Final Results of Antidumping Duty
                                                     4 For a complete description of the Scope of the
                                                                                                             In determining whether one company                 Administrative Review, 57 FR 20460 (May 13,
                                                  Order, see Memorandum to Paul Piquado, Assistant        is the successor to another for purposes
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                1992); and, Certain Circular Welded Carbon Steel
                                                  Secretary for Enforcement and Compliance, from
                                                                                                                                                                Pipes and Tubes from Taiwan: Initiation of
                                                  Christian Marsh, Deputy Assistant Secretary for
                                                                                                            5 See 19 CFR 351.216(d).                            Antidumping Duty Changed Circumstance Review,
                                                  Antidumping and Countervailing Duty Operations,
                                                                                                            6 See 19 CFR 351.221(c)(3)(ii).                     70 FR 17063 (April 4, 2005).
                                                  ‘‘Initiation and Preliminary Results of Changed                                                                  11 See, generally, CCR Request and Supplemental
                                                  Circumstances Review: Crystalline Silicon                 7 See, e.g., Notice of Initiation and Preliminary

                                                  Photovoltaic Cells, Whether or Not Assembled Into       Results of Antidumping Duty Changed                   Response.
                                                                                                                                                                   12 Id.
                                                  Modules, from the People’s Republic of China’’          Circumstances Review: Certain Softwood Lumber
                                                                                                                                                                   13 Id.
                                                  (‘‘Preliminary Decision Memorandum’’), dated            Products from Canada, 70 FR 50299 (August 26,
                                                  concurrently with, and adopted by, this notice.         2005).                                                   14 Id.




                                             VerDate Sep<11>2014   17:54 Nov 02, 2016   Jkt 241001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\03NON1.SGM   03NON1


                                                                              Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices                                                76563

                                                  change.15 Based on the foregoing, which                  document must be received successfully               Errigo at the Council office (see FOR
                                                  is explained in greater detail in the                    in its entirety by 5 p.m. Eastern Time               FURTHER INFORMATION CONTACT)      to
                                                  Preliminary Decision Memorandum, we                      (‘‘ET’’) on the due date. Documents                  request an invitation providing webinar
                                                  preliminarily determine that Zhejiang                    excepted from the electronic submission              access information. Please request
                                                  ERA is the successor-in-interest to Era                  requirements must be filed manually                  webinar invitations at least 24 hours in
                                                  Solar and, as such, that it is entitled to               (i.e., in paper form) with the APO/                  advance of the webinar.
                                                  Zhejiang ERA’s AD cash deposit rate                      Dockets Unit in Room 18022 and                         Council address: South Atlantic
                                                  with respect to entries of subject                       stamped with the date and time of                    Fishery Management Council, 4055
                                                  merchandise.                                             receipt by 5 p.m. ET on the due date.22              Faber Place Drive, Suite 201, N.
                                                     Should our final results remain the                      Unless extended, consistent with 19               Charleston, SC 29405.
                                                  same as these preliminary results,                       CFR 351.216(e), we intend to issue the               FOR FURTHER INFORMATION CONTACT:
                                                  effective the date of publication of the                 final results of this changed-                       Mike Errigo; 4055 Faber Place Drive,
                                                  final results, we will instruct U.S.                     circumstances review no later than 270               Suite 201, North Charleston, SC 29405;
                                                  Customs and Border Protection to                         days after the date on which this review             phone (843) 571–4366 or toll free (866)
                                                  suspend liquidation of entries of subject                was initiated or within 45 days if all               SAFMC–10; fax (843) 769–4520; email:
                                                  merchandise exported by Zhejiang ERA                     parties agree to the outcome of the                  mike.errigo@safmc.net.
                                                  at the AD cash deposit rate applicable                   review.                                              SUPPLEMENTARY INFORMATION: This
                                                  to Era Solar.                                               We are issuing and publishing this                meeting is held to review the available
                                                                                                           initiation and preliminary results notice            data for Spiny Lobster and make
                                                  Public Comment                                           in accordance with sections 751(b)(1)                recommendations for OFL and ABC.
                                                     Interested parties may submit case                    and 777(i)(1) of the Act and 19 CFR                  The SSC decided at their October 18–20,
                                                  briefs not later than 14 days after the                  351.216 and 351.221(c)(3).                           2016 meeting in Charleston, SC that
                                                  date of publication of this notice.16                      Dated: October 27, 2016.                           they did not have enough information to
                                                  Rebuttal briefs, which must be limited                   Paul Piquado,                                        make recommendations of OFL and
                                                  to issues raised in case briefs, may be                                                                       ABC for Spiny Lobster and requested a
                                                                                                           Assistant Secretary for Enforcement and
                                                  filed not later than seven days after the                Compliance.                                          webinar be held to review the available
                                                  due date for case briefs.17 Parties who                                                                       information.
                                                                                                           [FR Doc. 2016–26600 Filed 11–2–16; 8:45 am]
                                                  submit case briefs or rebuttal briefs in                                                                        Items to be addressed during this
                                                                                                           BILLING CODE 3510–DS–P
                                                  this changed circumstances review are                                                                         meeting:
                                                  requested to submit with each                                                                                   Review the available information for
                                                  argument: (1) A statement of the issue                                                                        Spiny Lobster and provide
                                                                                                           DEPARTMENT OF COMMERCE                               recommendations of OFL and ABC for
                                                  and (2) a brief summary of the argument
                                                  with an electronic version included.18                   National Oceanic and Atmospheric                     the Spiny Lobster fishery.
                                                     Any interested party may request a                    Administration                                       Special Accommodations
                                                  hearing within 14 days of publication of                 RIN 0648–XE997                                         The meeting is physically accessible
                                                  this notice.19 Hearing requests should                                                                        to people with disabilities. Requests for
                                                  contain the following information: (1)                   Fisheries of the South Atlantic; South               sign language interpretation or other
                                                  The party’s name, address, and                           Atlantic Fishery Management Council;                 auxiliary aids should be directed to the
                                                  telephone number; (2) the number of                      Public Meeting                                       Council office (see ADDRESSES) at least 5
                                                  participants; and (3) a list of the issues                                                                    business days prior to the meeting.
                                                  to be discussed. Oral presentations at                   AGENCY:   National Marine Fisheries
                                                                                                           Service (NMFS), National Oceanic and                   Note: The times and sequence
                                                  the hearing will be limited to issues                                                                         specified in this agenda are subject to
                                                  raised in the briefs. If a request for a                 Atmospheric Administration (NOAA),
                                                                                                           Commerce.                                            change.
                                                  hearing is made, parties will be notified
                                                                                                           ACTION: Notice of public meeting of the                Authority: 16 U.S.C. 1801 et seq.
                                                  of the time and date for the hearing to
                                                  be held at the U.S. Department of                        South Atlantic Fishery Management                      Dated: October 28, 2016.
                                                  Commerce, 1401 Constitution Avenue                       Council’s (Council) Scientific and                   Tracey L. Thompson,
                                                  NW., Washington, DC 20230 in a room                      Statistical Committee (SSC).                         Acting Deputy Director, Office of Sustainable
                                                  to be determined.20                                                                                           Fisheries, National Marine Fisheries Service.
                                                                                                           SUMMARY:   The Council will hold a
                                                     All submissions, with limited                                                                              [FR Doc. 2016–26519 Filed 11–2–16; 8:45 am]
                                                                                                           meeting of its SSC to review the
                                                  exceptions, must be filed electronically                                                                      BILLING CODE 3510–22–P
                                                                                                           available data for Spiny Lobster and
                                                  using Enforcement and Compliance’s
                                                                                                           make recommendations for setting the
                                                  Antidumping and Countervailing Duty
                                                                                                           Overfishing Limit (OFL) and Acceptable               DEPARTMENT OF COMMERCE
                                                  Centralized Electronic Service System
                                                                                                           Biological Catch (ABC).
                                                  (‘‘ACCESS’’).21 An electronically filed
                                                                                                           DATES: The SSC meeting will be held via              National Oceanic and Atmospheric
                                                    15 Id.                                                 webinar on Monday, November 21,                      Administration (NOAA)
                                                    16 The Department is exercising its discretion         2016, from 9 a.m. to 12 p.m.
                                                  under 19 CFR 351.309(c)(1)(ii) to alter the time limit                                                        Environmental Assessment (EA) for
                                                                                                           ADDRESSES: The meeting will be held
                                                  for the filing of case briefs.                                                                                the Proposed Relocation of the
                                                                                                           via webinar. The webinar is open to
                                                    17 The Department is exercising its discretion
                                                                                                                                                                Atmospheric Turbulence and Diffusion
                                                                                                           members of the public. Those interested
mstockstill on DSK3G9T082PROD with NOTICES




                                                  under 19 CFR 351.309(d)(1) to alter the time limit                                                            Division of the Air Resources
                                                  for the filing of rebuttal briefs.                       in participating should contact Mike
                                                    18 See 19 CFR 351.309(c)(2) and (d)(2).
                                                                                                                                                                Laboratory in Oak Ridge, TN
                                                    19 The Department is exercising its discretion
                                                                                                           in the Central Records Unit, Room B8024 of the       AGENCY: Office of Oceanic and
                                                  under 19 CFR 351.310(c) to alter the time limit for      main Department of Commerce building.
                                                  requesting a hearing.                                      22 See Antidumping and Countervailing Duty
                                                                                                                                                                Atmospheric Research (OAR), National
                                                    20 See 19 CFR 351.310(d).
                                                                                                           Proceedings: Electronic Filing Procedures;
                                                                                                                                                                Oceanic and Atmospheric
                                                    21 ACCESS is available to registered users at          Administrative Protective Order Procedures, 76 FR    Administration (NOAA), U.S.
                                                  https://access.trade.gov and available to all parties    39263 (July 6, 2011).                                Department of Commerce (DOC).


                                             VerDate Sep<11>2014   17:54 Nov 02, 2016   Jkt 241001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\03NON1.SGM   03NON1



Document Created: 2016-11-03 03:23:58
Document Modified: 2016-11-03 03:23:58
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 November 3, 2016.
ContactJeff Pedersen or Eli Lovely, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2769 and (2020 482- 1593, respectively.
FR Citation81 FR 76561 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR