82 FR 12558 - Initiation and Preliminary Results of Changed Circumstances Reviews: Antidumping Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China and Antidumping Duty Order on Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 42 (March 6, 2017)
International Trade Administration
Federal Register Volume 82, Issue 42 (March 6, 2017)
| Page Range | 12558-12561 | |
| FR Document | 2017-04265 |
[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)] [Notices] [Pages 12558-12561] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04265] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-979, A-570-010] Initiation and Preliminary Results of Changed Circumstances Reviews: Antidumping Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China and Antidumping Duty Order on Certain Crystalline Silicon Photovoltaic Products 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 changed circumstances reviews (``CCRs'') of the antidumping duty (``AD'') orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, (``solar cells'') from the People's Republic of China (``PRC'') and certain crystalline silicon photovoltaic products (``solar products'') from the PRC. The Department initiated these CCRs to determine whether Hanwha Q CELLS (Qidong) Co. Ltd. (``Q CELLS Qidong'') is the successor-in-interest to Hanwha SolarOne (Qidong) Co., Ltd. (``SolarOne Qidong'') with respect to the AD orders on solar cells and solar products from the PRC and to determine whether Hanwha Q CELLS Hong Kong Limited (``Q CELLS Hong Kong'') is the successor-in-interest to SolarOne Hong Kong Limited (``SolarOne Hong Kong'') with respect to the AD order on solar products from the PRC. For the reasons noted below, we did not initiate the requested CCR to determine whether Q CELLS Hong Kong is the successor- in-interest to SolarOne Hong Kong with respect to the AD order on solar cells from the PRC. Based on the information on the record, we preliminarily determine that Q CELLS Qidong is the successor-in- interest to SolarOne Qidong for purposes of the AD orders on solar cells and solar products from the PRC and that Q CELLS Hong Kong is the successor-in-interest to SolarOne Hong Kong for purposes of the AD order on solar products from the PRC. As such, Q CELLS Hong Kong and Q CELLS Qidong are entitled to SolarOne Hong Kong and SolarOne Qidong's cash deposit rates, respectively, with respect to U.S. entries of merchandise subject to the orders noted above. Interested parties are invited to comment on these preliminary results. [[Page 12559]] DATES: Effective March 6, 2017. FOR FURTHER INFORMATION CONTACT: 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) 482-1593. 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 February 18, 2015, the Department published the AD order on solar products from the PRC in the Federal Register.\2\ On September 8, 2016, the Department received a request on behalf of Q CELLS Hong Kong and Q CELLS Qidong for expedited CCRs to establish Q CELLS Hong Kong as the successor-in- interest to SolarOne Hong Kong and to establish Q CELLS Qidong as the successor-in-interest to SolarOne Qidong for purposes of the of the AD orders on solar cells and solar products from the PRC.\3\ On October 11, 2016, SolarWorld Americas, Inc. (``Petitioner'') submitted comments on Q CELLS Hong Kong and Q CELLS Qidong's CCR request.\4\ --------------------------------------------------------------------------- \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)(``Solar Cells Order''). \2\ See Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China: Antidumping Duty Order; and Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 80 FR 8592 (February 18, 2015)(``Solar Products Order''). \3\ See Letter from Q CELLS Hong Kong and Q CELLS Qidong to the Department regarding, ``Changed Circumstances Review Request'' (September 8, 2016) (``CCR Request''). \4\ See Letter from SolarWorld Americas, Inc. to the Department regarding, ``Comments on Hanwha Q Cells Hong Kong Limited and Hanwha Q CELLS (Qidong) Co., Ltd.'s Request for a Changed Circumstances Review'' (October 12, 2016) (``Petitioner's Comments''). --------------------------------------------------------------------------- Scope of the Orders The merchandise covered by the Solar Cells Order is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels, and building integrated materials.\5\ Imports of the merchandise subject to the Solar Cells Order are currently classified 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. --------------------------------------------------------------------------- \5\ For a complete description of the Scope of the Order, see Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, from James Maeder, Senior Director, Office I, for Antidumping and Countervailing Duty Operations, ``Initiation and Preliminary Results of Changed Circumstances Reviews: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China and Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China,'' (``Preliminary Decision Memorandum'') dated concurrently with, and adopted by, this notice. --------------------------------------------------------------------------- The merchandise covered by the Solar Products Order is modules, laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including building integrated materials. Subject merchandise includes modules, laminates and/or panels assembled in the PRC consisting of crystalline silicon photovoltaic cells produced in a customs territory other than the PRC.\6\ Imports of the merchandise subject to the Solar Products Order are currently classified under the following subheadings of the HTSUS: 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of these orders is dispositive. For the full scopes of these orders, see the accompanying Preliminary Decision Memorandum. --------------------------------------------------------------------------- \6\ Id. --------------------------------------------------------------------------- Initiation of Changed Circumstances Reviews Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (``the Act'') and 19 CFR 351.216(d), the Department will conduct a changed circumstances review upon receipt of information concerning, or 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 consider 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).\7\ --------------------------------------------------------------------------- \7\ See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Final Results of Changed Circumstances Review, 81 FR 91909 (December 19, 2016). --------------------------------------------------------------------------- While Q CELLS Hong Kong requested a CCR with respect to the solar cells proceeding in order to receive SolarOne Hong Kong's AD cash deposit rate, SolarOne Hong Kong did not receive its own cash deposit rate in the solar cells proceeding but was treated as part of the PRC- wide entity. Therefore, entries of its subject merchandise into the United States receive the PRC-wide entity cash deposit rate.\8\ Accordingly, for purposes of the Solar Cells Order, there is no separate rate for which Q CELLS Hong Kong could be eligible, thus, we have not initiated the requested review of Q CELLS Hong Kong with respect to the Solar Cells Order. --------------------------------------------------------------------------- \8\ See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Affirmative Preliminary Determination of Critical Circumstances, 77 FR 31309 (May 25, 2012), unchanged in Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China: Final Determination of Sales at Less Than Fair Value, and Affirmative Final Determination of Critical Circumstances, in Part, 77 FR 63791 (October 17, 2012). In subsequent reviews, SolarOne Hong Kong did not receive a separate rate. See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2012-2013, 80 FR 40998 (July 14, 2015), and Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2013-2014, 81 FR 39905 (June 20, 2016). --------------------------------------------------------------------------- However, consistent with Department practice, the information submitted by Q CELLS Hong Kong with respect to the solar products proceeding and the information submitted by Q CELLS Qidong with respect to the solar cells and solar products proceedings, which includes information regarding a name change, demonstrates changed circumstances sufficient to warrant CCRs with respect to these companies and orders.\9\ In the case of the Solar Products Order, the CCR requests were filed less than 24 months after the date of publication of the notice of final determination in the solar products investigation. However, pursuant to 19 CFR 351.216(c), the Department finds that good cause exists to initiate these CCRs. In particular, we find that Q CELLS Hong Kong and Q CELLS Qidong have properly alleged and demonstrated good cause for initiating early CCRs in the case of solar products, along with the initiation with respect to Q CELLS Qidong in the case of solar cells, on the grounds of fairness and ease of administration. --------------------------------------------------------------------------- \9\ 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 CCRs to determine whether Q CELLS Hong Kong is the successor-in-interest [[Page 12560]] to SolarOne Hong Kong for purposes of the AD order on solar products from the PRC, and to determine whether Q CELLS Qidong is the successor- in-interest to SolarOne Qidong for purposes of the AD orders on solar cells and solar products from the PRC. Preliminary Determination When it concludes that expedited action is warranted, the Department may combine the notice of initiation of the CCR and the preliminary results of the CCR in a single notice.\10\ The Department has combined the notice of initiation and the notice of preliminary results in successor-in-interest CCRs when sufficient documentation has been provided supporting the request for a CCR.\11\ In this instance, we have on the record the information necessary to make a preliminary finding with respect to Q CELLS Hong Kong and the Solar Products Order and Q CELLS Qidong and the Solar Cells and Solar Products Orders. Thus, we find that expedited action is warranted with respect to the CCR Requests regarding these companies and orders, and we are combining the notice of initiation and the notice of preliminary results in one notice, in accordance with 19 CFR 351.221(c)(3)(ii). --------------------------------------------------------------------------- \10\ See 19 CFR 351.221(c)(3)(ii). \11\ 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), unchanged in final. --------------------------------------------------------------------------- In determining whether one company is the successor to another for purposes of AD cash deposits, 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.\12\ 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.\13\ Thus, if the evidence demonstrates that, with respect to the production and sale of subject merchandise, the new company operates as essentially the same business entity as the prior company, the Department will assign the new company the cash deposit rate of its predecessor.\14\ --------------------------------------------------------------------------- \12\ 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). \13\ Id. \14\ 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 their September 8, 2016, CCR Requests, Q CELLS Hong Kong and Q CELLS Qidong provided evidence for the Department to determine preliminarily their status as successors-in-interest to SolarOne Hong Kong for purposes of the AD order on solar products from the PRC and SolarOne Qidong for purposes of the AD orders on solar products and solar cells from the PRC, respectively. Specifically, Q CELLS Hong Kong and Q CELLS Qidong demonstrated that their operations are essentially the same as when they operated under the names SolarOne Hong Kong and SolarOne Qidong, respectively.\15\ --------------------------------------------------------------------------- \15\ See generally, CCR Request. --------------------------------------------------------------------------- In February 2015, Hanwha SolarOne Co., Ltd. acquired 100 percent of the outstanding shares of another company named Q CELLS. Hanwha SolarOne Co., Ltd. is the parent entity of SolarOne Hong Kong and SolarOne Qidong. In connection with the transaction, the name of Hanwha SolarOne Co., Ltd. was changed to Hanwha Q CELLS Co., Ltd., SolarOne Hong Kong assumed the name Q CELLS Hong Kong, and SolarOne Qidong assumed the name Q CELLS Qidong. Other than the name changes, there were no significant changes to ownership, management, or operations of the companies.\16\ Q CELLS Hong Kong does not have production facilities; rather it purchased solar modules from Q CELLS Qidong. This was also the case when Q CELLS Hong Kong operated under the name SolarOne Hong Kong and purchased solar modules from SolarOne Qidong. Q CELLS Qidong has maintained the same production facilities that were previously under the name of its predecessor company, SolarOne Qidong.\17\ Q CELLS Hong Kong and Q CELLS Qidong also provided documentation showing that there have been no material changes in supplier relationships, or their customer bases as a result of the name changes.\18\ Based on the foregoing, which is explained in greater detail in the Preliminary Decision Memorandum, the Department preliminarily determines that Q CELLS Hong Kong is the successor-in- interest to SolarOne Hong Kong for purposes of the AD order on solar products from the PRC, and that Q CELLS Qidong is the successor-in- interest to SolarOne Qidong for purposes of the AD orders on solar cells and solar products from the PRC. --------------------------------------------------------------------------- \16\ Id. \17\ Id. \18\ Id. --------------------------------------------------------------------------- Should our final results of review remain the same as these preliminary results of review, effective the date of publication of the final results of review, we will instruct U.S. Customs and Border Protection to suspend liquidation of entries of solar products exported by Q CELLS Hong Kong at the AD cash-deposit rate applicable to SolarOne Hong Kong, and to suspend liquidation of entries of solar products and solar cells exported by Q CELLS Qidong at the AD cash-deposit rates applicable to SolarOne Qidong.\19\ --------------------------------------------------------------------------- \19\ SolarOne Hong Kong and SolarOne Qidong's separate rates in both orders are combination rates. In the solar products antidumping duty proceeding, SolarOne Hong Kong's separate rate is classified under case number A-570-010-017, where SolarOne Hong Kong is identified as the exporter and SolarOne Qidong is identified as the manufacturer. In the same proceeding, SolarOne Qidong has a separate rate classified under case number A-570-010-016, where SolarOne Qidong is identified as the exporter and manufacturer. In the solar cells proceeding, SolarOne Hong Kong does not have a separate rate and SolarOne Qidong has a separate rate, classified under case number A-570-979-014, where SolarOne Qidong is identified as the exporter and manufacturer. If the Department maintains its preliminary findings in the final results of these CCRs, in updating these combination rates, we intend to revise both the names of the exporters and manufacturer consistent with our preliminary finding that Q CELLS Hong Kong and Q CELLS Qidong are the successors-in- interest to SolarOne Hong Kong and SolarOne Qidong, respectively. --------------------------------------------------------------------------- Public Comment Interested parties may submit case briefs not later than 14 days after the date of publication of this notice.\20\ 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.\21\ Parties who submit case briefs or rebuttal briefs in these CCRs are requested to submit with each argument: (1) A statement of the issues filed in the solar products and solar cells proceedings and (2) a brief summary of the arguments filed in the solar products and solar cells proceedings with electronic versions included. --------------------------------------------------------------------------- \20\ 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. \21\ The Department is exercising its discretion under 19 CFR 351.309(d)(1) to alter the time limit for the filing of rebuttal briefs. --------------------------------------------------------------------------- Any interested party may request a hearing within 14 days of publication of [[Page 12561]] this notice.\22\ 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.\23\ --------------------------------------------------------------------------- \22\ The Department is exercising its discretion under 19 CFR 351.310(c) to alter the time limit for requesting a hearing. \23\ 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'').\24\ 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.\25\ --------------------------------------------------------------------------- \24\ 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. \25\ See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). --------------------------------------------------------------------------- Consistent with 19 CFR 351.216(e), we intend to issue the final results of these CCRs no later than 270 days after the date on which these reviews were initiated or within 45 days if all parties agree to the outcome of the reviews. 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: February 24, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-04265 Filed 3-3-17; 8:45 am] BILLING CODE 3510-DS-P
![12558 Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices
numerical size designations listed in the Example: 8R17.5 LT, 8R17.5 HC; DEPARTMENT OF COMMERCE
following sections of the Tire and Rim LT—Identifies light truck tires for service
Association Year Book, as updated annually, on trucks, buses, trailers, and multipurpose International Trade Administration
unless the tire falls within one of the specific passenger vehicles used in nominal highway
exclusions set forth below. The sections of service; [A–570–979, A–570–010]
the Tire and Rim Association Year Book
ST—Special tires for trailers in highway
listing numerical size designations of covered Initiation and Preliminary Results of
certain off road tires include: service; and
M/C—Identifies tires and rims for Changed Circumstances Reviews:
The table of mining and logging tires Antidumping Duty Orders on
included in the section on Truck-Bus tires; motorcycles.
The entire section on Off-the-Road tires; The following types of tires are also Crystalline Silicon Photovoltaic Cells,
The entire section on Agricultural tires; excluded from the scope: Pneumatic tires Whether or Not Assembled Into
and that are not new, including recycled or Modules, From the People’s Republic
The following tables in the section on retreaded tires and used tires; non-pneumatic of China and Antidumping Duty Order
Industrial/ATV/Special Trailer tires: tires, including solid rubber tires; aircraft on Certain Crystalline Silicon
• Industrial, Mining, Counterbalanced Lift tires; and turf, lawn and garden, and golf Photovoltaic Products From the
Truck (Smooth Floors Only); People’s Republic of China
tires. Also excluded from the scope are
• Industrial and Mining (Other than
Smooth Floors); mining and construction tires that have a rim
AGENCY: Enforcement and Compliance,
• Construction Equipment; diameter equal to or exceeding 39 inches.
International Trade Administration,
• Off-the-Road and Counterbalanced Lift Such tires may be distinguished from other
Department of Commerce.
Truck (Smooth Floors Only); tires of similar size by the number of plies
• Aerial Lift and Mobile Crane; and that the construction and mining tires SUMMARY: The Department of Commerce
• Utility Vehicle and Lawn and Garden contain (minimum of 16) and the weight of (the ‘‘Department’’) is simultaneously
Tractor. such tires (minimum 1500 pounds). initiating and issuing the preliminary
Certain off road tires, whether or not The subject merchandise is currently results of changed circumstances
mounted on wheels or rims, are included in classifiable under Harmonized Tariff reviews (‘‘CCRs’’) of the antidumping
the scope. However, if a subject tire is duty (‘‘AD’’) orders on crystalline
Schedule of the United States (HTSUS)
imported mounted on a wheel or rim, only silicon photovoltaic cells, whether or
subheadings: 4011.20.1025, 4011.20.1035,
the tire is covered by the scope. Subject
4011.20.5030, 4011.20.5050, 4011.70.0010, not assembled into modules, (‘‘solar
merchandise includes certain off road tires
produced in the subject countries whether 4011.62.0000, 4011.80.1010, 4011.80.1020, cells’’) from the People’s Republic of
mounted on wheels or rims in a subject 4011.90.1050, 4011.70.0050, 4011.80.2010, China (‘‘PRC’’) and certain crystalline
country or in a third country. Certain off road 4011.80.8010, 4011.80.2020, 4011.80.8020, silicon photovoltaic products (‘‘solar
tires are covered whether or not they are 8431.49.9038, 8431.49.9090, 8709.90.0020, products’’) from the PRC. The
accompanied by other parts, e.g., a wheel, and 8716.90.1020.11 Tires meeting the scope Department initiated these CCRs to
rim, axle parts, bolts, nuts, etc. Certain off description may also enter under the determine whether Hanwha Q CELLS
road tires that enter attached to a vehicle are following HTSUS subheadings: (Qidong) Co. Ltd. (‘‘Q CELLS Qidong’’)
not covered by the scope. 4011.90.2050, 4011.90.8050, 8424.90.9080, is the successor-in-interest to Hanwha
In addition, specifically excluded from the 8431.20.0000, 8431.39.0010, 8431.49.1090, SolarOne (Qidong) Co., Ltd. (‘‘SolarOne
scope are passenger vehicle and light truck
tires, racing tires, mobile home tires,
8431.49.9030, 8432.90.0020, 8432.90.0040, Qidong’’) with respect to the AD orders
motorcycle tires, all-terrain vehicle tires, 8432.90.0050, 8432.90.0060, 8432.90.0081, on solar cells and solar products from
bicycle tires, on-road or on-highway trailer 8433.90.5010, 8503.00.9560, 8708.70.0500, the PRC and to determine whether
tires, and truck and bus tires. Such tires 8708.70.2500, 8708.70.4530, 8716.90.5035, Hanwha Q CELLS Hong Kong Limited
generally have in common that the symbol 8716.90.5056 and 8716.90.5059.12 While (‘‘Q CELLS Hong Kong’’) is the
‘‘DOT’’ must appear on the sidewall, HTSUS subheadings are provided for successor-in-interest to SolarOne Hong
certifying that the tire conforms to applicable convenience and customs purposes, the Kong Limited (‘‘SolarOne Hong Kong’’)
motor vehicle safety standards. Such written description of the subject with respect to the AD order on solar
excluded tires may also have the following merchandise is dispositive. products from the PRC. For the reasons
prefixes and suffixes included as part of the
size designation on their sidewalls: [FR Doc. 2017–04433 Filed 3–3–17; 8:45 am] noted below, we did not initiate the
Prefix letter designations: BILLING CODE 3510–DS–P requested CCR to determine whether Q
AT—Identifies a tire intended for service CELLS Hong Kong is the successor-in-
on All-Terrain Vehicles; interest to SolarOne Hong Kong with
P—Identifies a tire intended primarily for respect to the AD order on solar cells
service on passenger cars; from the PRC. Based on the information
LT—Identifies a tire intended primarily for on the record, we preliminarily
service on light trucks; determine that Q CELLS Qidong is the
T—Identifies a tire intended for one-
successor-in-interest to SolarOne
position ‘‘temporary use’’ as a spare only;
and Qidong for purposes of the AD orders on
ST—Identifies a special tire for trailers in solar cells and solar products from the
highway service. PRC and that Q CELLS Hong Kong is the
Suffix letter designations: 11 Prior to January 1, 2017, subject merchandise successor-in-interest to SolarOne Hong
TR—Identifies a tire for service on trucks, was classifiable under the following HTSUS Kong for purposes of the AD order on
buses, and other vehicles with rims having solar products from the PRC. As such,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
numbers which have been deleted or discontinued:
specified rim diameter of nominal plus 4011.61.0000, 4011.63.0000, 4011.69.0050, Q CELLS Hong Kong and Q CELLS
0.156″ or plus 0.250″; 4011.92.0000, 4011.93.4000, 4011.93.8000, Qidong are entitled to SolarOne Hong
MH—Identifies tires for Mobile Homes; 4011.94.4000, and 4011.94.8000.
Kong and SolarOne Qidong’s cash
HC—Identifies a heavy duty tire designated 12 Prior to January 1, 2017, tires meeting the scope
for use on ‘‘HC’’ 15″ tapered rims used on deposit rates, respectively, with respect
description may also enter under the following
trucks, buses, and other vehicles. This suffix HTSUS subheadings which have been deleted or
to U.S. entries of merchandise subject to
is intended to differentiate among tires for discontinued: 4011.99.4550, 4011.99.8550, the orders noted above. Interested
light trucks, and other vehicles or other 8432.90.0005, 8432.90.0015, 8432.90.0030, parties are invited to comment on these
services, which use a similar designation. 8432.90.0080, and 8716.90.5055. preliminary results.
VerDate Sep<11>2014 19:24 Mar 03, 2017 Jkt 241001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1](https://thefederalregister.org/doc/82_FR_12600/page/1.svg)
![Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices 12561
this notice.22 Hearing requests should DEPARTMENT OF COMMERCE responses from respondent interested
contain the following information: (1) parties. As a result, the Department
The party’s name, address, and International Trade Administration conducted an expedited sunset review
telephone number; (2) the number of [A–588–815] of the order, pursuant to section
participants; and (3) a list of the issues 751(c)(3)(B) of the Act and 19 CFR
to be discussed. Oral presentations at Gray Portland Cement and Cement 351.218(e)(1)(ii)(C)(2).
the hearing will be limited to issues Clinker From Japan: Final Results of Scope of the Order
raised in the briefs. If a request for a Expedited Fourth Sunset Review of the
Antidumping Duty Order The products covered by the order are
hearing is made, parties will be notified cement and cement clinker from Japan.
of the time and date for the hearing to AGENCY: Enforcement and Compliance, Cement is a hydraulic cement and the
be held at the U.S. Department of International Trade Administration, primary component of concrete. Cement
Commerce, 1401 Constitution Avenue Department of Commerce. clinker, an intermediate material
NW., Washington, DC 20230 in a room SUMMARY: The Department of Commerce produced when manufacturing cement,
to be determined.23 (the Department) has conducted an has no use other than grinding into
All submissions, with limited expedited (120-day) fourth sunset finished cement. Microfine cement was
exceptions, must be filed electronically review of the antidumping duty order specifically excluded from the
using Enforcement and Compliance’s on gray portland cement and cement antidumping duty order. Cement is
Antidumping and Countervailing Duty clinker (cement and clinker) from Japan. currently classifiable under the
Centralized Electronic Service System As a result of this fourth sunset review, Harmonized Tariff Schedule (HTS) item
(‘‘ACCESS’’).24 An electronically filed the Department finds that revocation of number 2523.29 and cement clinker is
the antidumping duty order would be currently classifiable under HTS item
document must be received successfully
likely to lead to continuation or number 2523.10. Cement has also been
in its entirety by 5 p.m. Eastern Time
recurrence of dumping at the levels entered under HTS item number
(‘‘ET’’) on the due date. Documents 2523.90 as ‘‘other hydraulic cements.’’
excepted from the electronic submission indicated in the ‘‘Final Results of
Review’’ section of this notice. The HTS item numbers are provided for
requirements must be filed manually convenience and customs purposes. The
DATES: Effective Date: March 6, 2017.
(i.e., in paper form) with the APO/ written product description remains
Dockets Unit in Room 18022 and FOR FURTHER INFORMATION CONTACT:
dispositive as to the scope of the
stamped with the date and time of Amanda Brings, AD/CVD Operations,
product covered by the order.4
receipt by 5 p.m. ET on the due date.25 Enforcement and Compliance,
International Trade Administration, Analysis of Comments Received
Consistent with 19 CFR 351.216(e), U.S. Department of Commerce, 1401
we intend to issue the final results of All issues raised in this review,
Constitution Ave. NW., Washington, DC including the likelihood of continuation
these CCRs no later than 270 days after 20230; telephone: (202) 482–3927. or recurrence of dumping in the event
the date on which these reviews were SUPPLEMENTARY INFORMATION: of revocation and the magnitude of the
initiated or within 45 days if all parties margins likely to prevail if the order
agree to the outcome of the reviews. Background
were revoked, are addressed in the
We are issuing and publishing this On November 1, 2016, the Department accompanying Issues and Decision
initiation and preliminary results notice published a notice of initiation of the Memorandum.5 The Issues and Decision
in accordance with sections 751(b)(1) fourth sunset review of the antidumping Memorandum is a public document and
and 777(i)(1) of the Act and 19 CFR duty order on cement and clinker from is on file electronically via Enforcement
351.216 and 351.221(c)(3). Japan.1 On November 16, 2016, the and Compliance’s Antidumping and
Department received a Notice of Intent Countervailing Duty Centralized
Dated: February 24, 2017. to Participate in this review from the Electronic Service System (ACCESS).
Ronald K. Lorentzen, Committee for Fairly Traded Japanese ACCESS is available to registered users
Acting Assistant Secretary for Enforcement Cement (Petitioners) within the at http://access.trade.gov, and to all
and Compliance. deadline specified in 19 CFR parties in the Central Records Unit,
[FR Doc. 2017–04265 Filed 3–3–17; 8:45 am] 351.218(d)(1)(i).2 Petitioners claimed Room B8024 of the main Department of
BILLING CODE 3510–DS–P
interested-party status under section Commerce building. In addition, a
771(9)(E) of the Tariff Act of 1930, as complete version of the Issues and
amended (the Act), as a trade or
business association, a majority of of The Antidumping Duty Order on Gray Portland
whose members manufacture, produce Cement and Cement Clinker from Japan/The
or wholesale a domestic like product in Domestic Industry’s Substantive Response to the
Notice of Initiation,’’ dated December 1, 2016.
the United States. 4 The Department has made two scope rulings
We received a complete substantive regarding subject merchandise. See Scope Rulings,
response from Petitioners within the 30- 57 FR 19602 (May 7, 1992) (classes G and H of oil
22 The Department is exercising its discretion day deadline specified in 19 CFR well cement are within the scope of the order), and
Scope Rulings, 58 FR 27542 (May 10, 1993)
under 19 CFR 351.310(c) to alter the time limit for 351.218(d)(3)(i).3 We received no (‘‘Nittetsu Super Fine’’ cement is not within the
requesting a hearing. scope of the order).
asabaliauskas on DSK3SPTVN1PROD with NOTICES
23 See 19 CFR 351.310(d). 1 See Initiation of Five-Year (‘‘Sunset’’) Reviews, 5 See Memorandum to Ronald K. Lorentzen,
24 ACCESS is available to registered users at 81 FR 75808 (November 1, 2016). Acting Assistant Secretary for Enforcement and
2 See Letter to the Secretary of Commerce from
https://access.trade.gov and available to all parties Compliance, from James Maeder, Senior Director,
Petitioners, re: ‘‘Five-Year (‘Sunset’) Review of Office I, Antidumping and Countervailing Duty
in the Central Records Unit, room B8024 of the
Antidumping Duty Order on Gray Portland Cement Operations, ‘‘Issues and Decision Memorandum for
main Department of Commerce building. and Cement Clinker from Japan: The Domestic the Final Results of the Expedited Fourth Sunset
25 See Antidumping and Countervailing Duty
Industry’s Notice of Intent to Participate in Sunset Review of the Antidumping Duty Order on Gray
Proceedings: Electronic Filing Procedures; Review,’’ dated November 16, 2016. Portland Cement and Clinker from Japan,’’ dated
Administrative Protective Order Procedures, 76 FR 3 See Letter to the Secretary of Commerce from concurrently and hereby adopted by this notice
39263 (July 6, 2011). Petitioners, re: ‘‘Fourth Five-Year (‘Sunset’) Review (Issues and Decision Memorandum).
VerDate Sep<11>2014 19:24 Mar 03, 2017 Jkt 241001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1](https://thefederalregister.org/doc/82_FR_12600/page/4.svg)
Document Created: 2017-03-04 00:06:57
Document Modified: 2017-03-04 00:06:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective March 6, 2017. | |
| Contact | 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) 482-1593. | |
| FR Citation | 82 FR 12558 |
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