82_FR_46413 82 FR 46222 - Initiation and Preliminary Results of Changed Circumstances Review: Antidumping Duty Order on Carbon and Certain Alloy Steel Wire Rod From Mexico

82 FR 46222 - Initiation and Preliminary Results of Changed Circumstances Review: Antidumping Duty Order on Carbon and Certain Alloy Steel Wire Rod From Mexico

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 191 (October 4, 2017)

Page Range46222-46223
FR Document2017-21341

The Department of Commerce (Department) is simultaneously initiating and issuing the preliminary results of a changed circumstances review (CCR) of the antidumping duty order on carbon and certain alloy steel wire rod (wire rod) from Mexico to determine whether ArcelorMittal Mexico, S.A. de C.V. (AMM) is the successor-in- interest to ArcelorMittal Las Truchas, S.A. de C.V. (AMLT). Based on the information on the record, we preliminarily determine that AMM is the successor-in-interest to AMLT. Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 82 Issue 191 (Wednesday, October 4, 2017)
[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Notices]
[Pages 46222-46223]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21341]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-830]


Initiation and Preliminary Results of Changed Circumstances 
Review: Antidumping Duty Order on Carbon and Certain Alloy Steel Wire 
Rod From Mexico

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

SUMMARY: The Department of Commerce (Department) is simultaneously 
initiating and issuing the preliminary results of a changed 
circumstances review (CCR) of the antidumping duty order on carbon and 
certain alloy steel wire rod (wire rod) from Mexico to determine 
whether ArcelorMittal Mexico, S.A. de C.V. (AMM) is the successor-in-
interest to ArcelorMittal Las Truchas, S.A. de C.V. (AMLT). Based on 
the information on the record, we preliminarily determine that AMM is 
the successor-in-interest to AMLT. Interested parties are invited to 
comment on these preliminary results.

DATES: Applicable October 4, 2017.

FOR FURTHER INFORMATION CONTACT: Keith Haynes, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-5139.

SUPPLEMENTARY INFORMATION: 

Background

    On October 29, 2002, the Department published in the Federal 
Register the antidumping duty order on wire rod from Mexico.\1\ On May 
19, 2016, the Department published its final results of the 2013-2014 
administrative review of the Order, in which it assigned AMLT a 2.59 
percent dumping margin.\2\ On August 15, 2017, AMM, a foreign producer 
of the subject merchandise, requested that the Department initiate and 
conduct a changed circumstance review to determine that AMM is the 
successor-in-interest to AMLT for the purposes of the Order.\3\ On 
September 12, 2017, AMM filed a letter stating it conferred with 
counsel for interested parties to this proceeding, specifically, 
counsel for Nucor Corporation, counsel for Gerdau Ameristeel USA, 
Charter Steel, and Keystone Steel, and counsel for Deacero S.A.P.I. de 
C.V. and Deacero USA (a group which included domestic interested 
parties/petitioners to the Order), at which time they stated they would 
not oppose the August 15, 2017, request.\4\ AMM further requested that 
the Department initiate and conduct an expedited changed circumstances 
review.\5\
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    \1\ See Notice of Antidumping Duty Orders: Carbon and Certain 
Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, 
Trinidad and Tobago, and Ukraine, 67 FR 65945 (October 29, 2002) 
(Order).
    \2\ See Carbon and Certain Alloy Steel Wire Rod From Mexico: 
Final Results of Antidumping Duty Administrative Review, 81 FR 31592 
(May 19, 2016).
    \3\ See letter from AMM, ``Carbon and Certain Alloy Steel Wire 
Rod from Mexico: Request for Changed Circumstances Review,'' dated 
August 15, 2017 (CCR Request).
    \4\ See letter from AMM, ``Carbon and Certain Alloy Steel Wire 
Rod from Mexico: Supplement to Request for Changed Circumstances 
Review,'' dated September 12, 2017 (CCR Supplement).
    \5\ Id.
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Scope of the Order

    The merchandise covered by the Order is carbon and certain alloy 
steel wire rod. The product is currently classified under the 
Harmonized Tariff Schedule of the United States (HTSUS) item numbers 
7213.91.3000, 7213.91.3010, 7213.91.3011, 7213.91.3015, 7213.91.3020, 
7213.91.3090, 7213.91.3091, 7213.91.3092, 7213.91.3093, 7213.91.4500, 
7213.91.4510, 7213.91.4590, 7213.91.6000, 7213.91.6010, 7213.91.6090, 
7213.99.0030, 7213.99.0031, 7213.99.0038, 7213.99.0090, 7227.20.0000, 
7227.20.0010, 7227.20.0020, 7227.20.0030, 7227.20.0080, 7227.20.0090, 
7227.20.0095, 7227.90.6010, 7227.90.6020, 7227.90.6030, 7227.90.6035, 
7227.90.6050, 7227.90.6051, 7227.90.6053, 7227.90.6058, 7227.90.6059, 
7227.90.6080, and 7227.90.6085 of the HTSUS. Although the HTSUS numbers 
are provided for convenience and customs purposes, the written product 
description remains dispositive.\6\
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    \6\ For a complete description of the scope of the order, see 
Memorandum from James Maeder, Senior Director performing the duties 
of Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Carole Showers, Executive Director, Office of 
Policy, performing the duties of the Deputy Assistant Secretary for 
Enforcement and Compliance, ``Carbon and Certain Alloy Steel Wire 
Rod from Mexico Preliminary Decision Memorandum of Changed 
Circumstances Review,'' dated concurrently with, and hereby adopted 
by, these preliminary results (Preliminary Decision Memorandum).
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Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), and the Department's regulations (19 CFR 351.216 and 
351.221(c)(3)), 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. Generally, 
in the past, the Department has used CCRs 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 (i.e., 
successor-in-interest, or successorship determinations).\7\
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    \7\ See, e.g., 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) (Solar Cells PRC 2016 CCR Final).

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[[Page 46223]]

    Specifically, AMM states that as of May 2, 2017, AMLT, which 
received its own cash deposit rate as a mandatory respondent in the 
most recently completed administrative review of the Order, entered 
into a purchase and sale agreement (Agreement) with AMM, under which 
nearly all AMLT's assets and commercial relationships were sold to 
AMM.\8\ Thus, consistent with Department practice, we find the 
information submitted by AMM demonstrates changed circumstances 
sufficient to warrant a review.\9\ 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 AMM is 
the successor-in-interest to AMLT.
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    \8\ See CCR Request at 2.
    \9\ See 19 CFR 351.216(d).
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Preliminary Results

    When it concludes that expedited action is warranted, the 
Department may publish the notice of initiation and preliminary results 
of a CCR in a single notice.\10\ 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.\11\ In this instance, because the 
record contains information necessary to support the request for a 
preliminary determination, 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).
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.221(c)(3)(ii).
    \11\ See, e.g., 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 (November 3, 2016), 
unchanged in Solar Cells PRC 2016 CCR Final.
---------------------------------------------------------------------------

    In a CCR, we generally consider a company to be the successor to 
another company for antidumping (AD) cash deposit purposes if the 
operations of the successor are not materially dissimilar from those of 
its predecessor.\12\ In making this determination, 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.\13\ 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.\14\ 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.\15\
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    \12\ Id.
    \13\ See 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).
    \14\ Id.
    \15\ See Solar Cells PRC 2016 CCR Final, 81 FR at 91910.
---------------------------------------------------------------------------

    In its CCR Request, AMM provided evidence demonstrating that its 
operations are not materially dissimilar from those of its predecessor, 
AMLT.\16\ Specifically, AMM and AMLT are both owned by the same parent 
company, and the record shows that the same employees and management 
control the company both before and after the acquisition.\17\ Further, 
AMM demonstrates that it simply integrated AMLT's long steel products 
production facilities into its company's assets and has not made any 
material changes to the production processes.\18\ Finally, the record 
confirms that there have not been any material changes to the company's 
suppliers,\19\ nor to the customer base,\20\ as a result of the merger. 
Based on the foregoing findings, which are explained in greater detail 
in the Preliminary Decision Memorandum, the Department preliminarily 
determines that AMM is the successor-in-interest to AMLT and, as such, 
it is entitled to AMLT's AD cash deposit rate with respect to entries 
of subject merchandise. Should our final results remain the same as 
these preliminary results, we will instruct U.S. Customs and Border 
Protection to suspend liquidation of entries of wire rod products 
produced and/or exported by AMM at the AD cash-deposit rate applicable 
to AMLT, effective the date of publication of the final results.
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    \16\ See generally CCR Request.
    \17\ Id. at 4-5 and Exhibits B and C.
    \18\ Id. at 6-7 and Exhibit A.
    \19\ Id. at 7-8 and Exhibit A.
    \20\ Id. at 8-9.
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Public Comment

    Interested parties may submit case briefs not later than 30 days 
after the date of publication of this notice.\21\ Rebuttal briefs, 
which must be limited to issues raised in such briefs, may be filed not 
later than seven days after the date of publication of this notice.\22\ 
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.\23\
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    \21\ See 19 CFR 321.309(c)(1)(ii).
    \22\ See 19 CFR 351.309(d)(1) and (2).
    \23\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice.\24\ 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.\25\
---------------------------------------------------------------------------

    \24\ See 19 CFR 351.310(c).
    \25\ 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). 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.\26\
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    \26\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures: Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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    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 
intend to issue and publish 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) of the Department's regulations.

    Dated: September 28, 2017.
Carole Showers,
Executive Director, Office of Policy performing the duties of the 
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-21341 Filed 10-3-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                46222                         Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices

                                                of intent to participate. The required                    review (CCR) of the antidumping duty                  expedited changed circumstances
                                                contents of the notice of intent to                       order on carbon and certain alloy steel               review.5
                                                participate are set forth at 19 CFR                       wire rod (wire rod) from Mexico to
                                                                                                                                                                Scope of the Order
                                                351.218(d)(1)(ii). In accordance with the                 determine whether ArcelorMittal
                                                Department’s regulations, if we do not                    Mexico, S.A. de C.V. (AMM) is the                        The merchandise covered by the
                                                receive a notice of intent to participate                 successor-in-interest to ArcelorMittal                Order is carbon and certain alloy steel
                                                from at least one domestic interested                     Las Truchas, S.A. de C.V. (AMLT).                     wire rod. The product is currently
                                                party by the 15-day deadline, the                         Based on the information on the record,               classified under the Harmonized Tariff
                                                Department will automatically revoke                      we preliminarily determine that AMM                   Schedule of the United States (HTSUS)
                                                the order without further review.6                        is the successor-in-interest to AMLT.                 item numbers 7213.91.3000,
                                                   If we receive an order-specific notice                 Interested parties are invited to                     7213.91.3010, 7213.91.3011,
                                                of intent to participate from a domestic                  comment on these preliminary results.                 7213.91.3015, 7213.91.3020,
                                                interested party, the Department’s                                                                              7213.91.3090, 7213.91.3091,
                                                regulations provide that all parties                      DATES:    Applicable October 4, 2017.                 7213.91.3092, 7213.91.3093,
                                                wishing to participate in a Sunset                                                                              7213.91.4500, 7213.91.4510,
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                Review must file complete substantive                                                                           7213.91.4590, 7213.91.6000,
                                                                                                          Keith Haynes, AD/CVD Operations,
                                                responses not later than 30 days after                                                                          7213.91.6010, 7213.91.6090,
                                                                                                          Office III, Enforcement and Compliance,
                                                the date of publication in the Federal                                                                          7213.99.0030, 7213.99.0031,
                                                                                                          International Trade Administration,
                                                Register of this notice of initiation. The                                                                      7213.99.0038, 7213.99.0090,
                                                                                                          U.S. Department of Commerce, 1401
                                                required contents of a substantive                                                                              7227.20.0000, 7227.20.0010,
                                                                                                          Constitution Avenue NW., Washington,
                                                response, on an order-specific basis, are                                                                       7227.20.0020, 7227.20.0030,
                                                                                                          DC 20230; telephone: (202) 482–5139.
                                                set forth at 19 CFR 351.218(d)(3). Note                                                                         7227.20.0080, 7227.20.0090,
                                                that certain information requirements                     SUPPLEMENTARY INFORMATION:                            7227.20.0095, 7227.90.6010,
                                                differ for respondent and domestic                                                                              7227.90.6020, 7227.90.6030,
                                                                                                          Background                                            7227.90.6035, 7227.90.6050,
                                                parties. Also, note that the Department’s
                                                information requirements are distinct                        On October 29, 2002, the Department                7227.90.6051, 7227.90.6053,
                                                from the Commission’s information                         published in the Federal Register the                 7227.90.6058, 7227.90.6059,
                                                requirements. Consult the Department’s                    antidumping duty order on wire rod                    7227.90.6080, and 7227.90.6085 of the
                                                regulations for information regarding                     from Mexico.1 On May 19, 2016, the                    HTSUS. Although the HTSUS numbers
                                                the Department’s conduct of Sunset                        Department published its final results of             are provided for convenience and
                                                Reviews. Consult the Department’s                         the 2013–2014 administrative review of                customs purposes, the written product
                                                regulations at 19 CFR part 351 for                        the Order, in which it assigned AMLT                  description remains dispositive.6
                                                definitions of terms and for other                        a 2.59 percent dumping margin.2 On                    Initiation of Changed Circumstances
                                                general information concerning                            August 15, 2017, AMM, a foreign                       Review
                                                antidumping and countervailing duty                       producer of the subject merchandise,
                                                                                                                                                                   Pursuant to section 751(b)(1) of the
                                                proceedings at the Department.                            requested that the Department initiate
                                                                                                                                                                Tariff Act of 1930, as amended (the Act),
                                                   This notice of initiation is being                     and conduct a changed circumstance
                                                                                                                                                                and the Department’s regulations (19
                                                published in accordance with section                      review to determine that AMM is the
                                                                                                                                                                CFR 351.216 and 351.221(c)(3)), the
                                                751(c) of the Act and 19 CFR 351.218(c).                  successor-in-interest to AMLT for the
                                                                                                                                                                Department will conduct a changed
                                                  Dated: September 28, 2017.                              purposes of the Order.3 On September
                                                                                                                                                                circumstances review upon receipt of
                                                James Maeder,
                                                                                                          12, 2017, AMM filed a letter stating it
                                                                                                                                                                information concerning, or a request
                                                                                                          conferred with counsel for interested
                                                Senior Director, perfoming the duties of                                                                        from an interested party for a review of,
                                                Deputy Assistant Secretary for Antidumping
                                                                                                          parties to this proceeding, specifically,
                                                                                                                                                                an order which shows changed
                                                and Countervailing Duty Operations.                       counsel for Nucor Corporation, counsel
                                                                                                                                                                circumstances sufficient to warrant a
                                                                                                          for Gerdau Ameristeel USA, Charter
                                                [FR Doc. 2017–21340 Filed 10–3–17; 8:45 am]                                                                     review of the order. Generally, in the
                                                                                                          Steel, and Keystone Steel, and counsel
                                                BILLING CODE 3510–DS–P                                                                                          past, the Department has used CCRs to
                                                                                                          for Deacero S.A.P.I. de C.V. and Deacero
                                                                                                                                                                address the applicability of cash deposit
                                                                                                          USA (a group which included domestic
                                                                                                                                                                rates after there have been changes in
                                                DEPARTMENT OF COMMERCE                                    interested parties/petitioners to the
                                                                                                                                                                the name or structure of a respondent,
                                                                                                          Order), at which time they stated they
                                                                                                                                                                such as a merger or spinoff (i.e.,
                                                International Trade Administration                        would not oppose the August 15, 2017,
                                                                                                                                                                successor-in-interest, or successorship
                                                                                                          request.4 AMM further requested that
                                                [A–201–830]                                                                                                     determinations).7
                                                                                                          the Department initiate and conduct an
                                                Initiation and Preliminary Results of                                                                             5 Id.
                                                                                                            1 See Notice of Antidumping Duty Orders: Carbon       6 For a complete description of the scope of the
                                                Changed Circumstances Review:                             and Certain Alloy Steel Wire Rod from Brazil,         order, see Memorandum from James Maeder, Senior
                                                Antidumping Duty Order on Carbon                          Indonesia, Mexico, Moldova, Trinidad and Tobago,      Director performing the duties of Deputy Assistant
                                                and Certain Alloy Steel Wire Rod From                     and Ukraine, 67 FR 65945 (October 29, 2002)           Secretary for Antidumping and Countervailing Duty
                                                Mexico                                                    (Order).                                              Operations, to Carole Showers, Executive Director,
                                                                                                            2 See Carbon and Certain Alloy Steel Wire Rod
                                                                                                                                                                Office of Policy, performing the duties of the
                                                AGENCY:   Enforcement and Compliance,                     From Mexico: Final Results of Antidumping Duty        Deputy Assistant Secretary for Enforcement and
                                                International Trade Administration,                       Administrative Review, 81 FR 31592 (May 19,           Compliance, ‘‘Carbon and Certain Alloy Steel Wire
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                          2016).                                                Rod from Mexico Preliminary Decision
                                                Department of Commerce.                                     3 See letter from AMM, ‘‘Carbon and Certain         Memorandum of Changed Circumstances Review,’’
                                                SUMMARY: The Department of Commerce                       Alloy Steel Wire Rod from Mexico: Request for         dated concurrently with, and hereby adopted by,
                                                (Department) is simultaneously                            Changed Circumstances Review,’’ dated August 15,      these preliminary results (Preliminary Decision
                                                                                                          2017 (CCR Request).                                   Memorandum).
                                                initiating and issuing the preliminary                      4 See letter from AMM, ‘‘Carbon and Certain           7 See, e.g., Crystalline Silicon Photovoltaic Cells,
                                                results of a changed circumstances                        Alloy Steel Wire Rod from Mexico: Supplement to       Whether or Not Assembled Into Modules, from the
                                                                                                          Request for Changed Circumstances Review,’’ dated     People’s Republic of China: Final Results of
                                                  6 See   19 CFR 351.218(d)(1)(iii).                      September 12, 2017 (CCR Supplement).                  Changed Circumstances Review, 81 FR 91909



                                           VerDate Sep<11>2014     20:18 Oct 03, 2017   Jkt 244001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\04OCN1.SGM    04OCN1


                                                                            Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Notices                                                 46223

                                                  Specifically, AMM states that as of                    several of these factors will necessarily            date of publication of this notice.22
                                                May 2, 2017, AMLT, which received its                    provide a dispositive indication of                  Parties who submit case briefs or
                                                own cash deposit rate as a mandatory                     succession, the Department will                      rebuttal briefs in this changed
                                                respondent in the most recently                          generally consider one company to be                 circumstances review are requested to
                                                completed administrative review of the                   the successor to another company if its              submit with each argument: (1) A
                                                Order, entered into a purchase and sale                  resulting operation is essentially the               statement of the issue; and (2) a brief
                                                agreement (Agreement) with AMM,                          same as that of its predecessor.14 Thus,             summary of the argument with an
                                                under which nearly all AMLT’s assets                     if the evidence demonstrates that, with              electronic version included.23
                                                and commercial relationships were sold                   respect to the production and sale of the               Any interested party may request a
                                                to AMM.8 Thus, consistent with                           subject merchandise, the new company                 hearing within 30 days of publication of
                                                Department practice, we find the                         operates as the same business entity as              this notice.24 Hearing requests should
                                                information submitted by AMM                             the prior company, the Department will               contain the following information: (1)
                                                demonstrates changed circumstances                       assign the new company the cash                      The party’s name, address, and
                                                sufficient to warrant a review.9                         deposit rate of its predecessor.15                   telephone number; (2) the number of
                                                Therefore, in accordance with section                       In its CCR Request, AMM provided                  participants; and (3) a list of the issues
                                                751(b)(1) of the Act and 19 CFR                          evidence demonstrating that its                      to be discussed. Oral presentations at
                                                351.216(d), the Department is initiating                 operations are not materially dissimilar             the hearing will be limited to issues
                                                a changed circumstances review to                        from those of its predecessor, AMLT.16               raised in the briefs. If a request for a
                                                determine whether AMM is the                             Specifically, AMM and AMLT are both                  hearing is made, parties will be notified
                                                successor-in-interest to AMLT.                           owned by the same parent company,                    of the time and date for the hearing to
                                                Preliminary Results                                      and the record shows that the same                   be held at the U.S. Department of
                                                   When it concludes that expedited                      employees and management control the                 Commerce, 1401 Constitution Avenue
                                                action is warranted, the Department                      company both before and after the                    NW., Washington, DC 20230 in a room
                                                may publish the notice of initiation and                 acquisition.17 Further, AMM                          to be determined.25
                                                preliminary results of a CCR in a single                 demonstrates that it simply integrated                  All submissions, with limited
                                                notice.10 The Department has combined                    AMLT’s long steel products production                exceptions, must be filed electronically
                                                the notice of initiation and preliminary                 facilities into its company’s assets and             using Enforcement and Compliance’s
                                                results in successor-in-interest cases                   has not made any material changes to                 Antidumping and Countervailing Duty
                                                when sufficient documentation has been                   the production processes.18 Finally, the             Centralized Electronic Service System
                                                provided supporting the request to make                  record confirms that there have not been             (ACCESS). An electronically filed
                                                a preliminary determination.11 In this                   any material changes to the company’s                document must be received successfully
                                                instance, because the record contains                    suppliers,19 nor to the customer base,20             in its entirety by 5 p.m. Eastern Time
                                                information necessary to support the                     as a result of the merger. Based on the              (ET) on the due date. Documents
                                                request for a preliminary determination,                 foregoing findings, which are explained              excepted from the electronic submission
                                                we find that expedited action is                         in greater detail in the Preliminary                 requirements must be filed manually
                                                warranted, and we are combining the                      Decision Memorandum, the Department                  (i.e., in paper form) with the APO/
                                                notice of initiation and the notice of                   preliminarily determines that AMM is                 Dockets Unit in Room 18022 and
                                                preliminary results, in accordance with                  the successor-in-interest to AMLT and,               stamped with the date and time of
                                                19 CFR 351.221(c)(3)(ii).                                as such, it is entitled to AMLT’s AD                 receipt by 5 p.m. ET on the due date.26
                                                   In a CCR, we generally consider a                     cash deposit rate with respect to entries               Unless extended, consistent with 19
                                                company to be the successor to another                   of subject merchandise. Should our final             CFR 351.216(e), we intend to issue the
                                                company for antidumping (AD) cash                        results remain the same as these                     final results of this changed-
                                                deposit purposes if the operations of the                preliminary results, we will instruct                circumstances review no later than 270
                                                successor are not materially dissimilar                  U.S. Customs and Border Protection to                days after the date on which this review
                                                from those of its predecessor.12 In                      suspend liquidation of entries of wire               was initiated or within 45 days if all
                                                making this determination, the                           rod products produced and/or exported                parties agree to the outcome of the
                                                Department examines a number of                          by AMM at the AD cash-deposit rate                   review. We intend to issue and publish
                                                factors including, but not limited to,                   applicable to AMLT, effective the date               this initiation and preliminary results
                                                changes in: (1) Management; (2)                          of publication of the final results.                 notice in accordance with sections
                                                production facilities; (3) suppliers; and                Public Comment                                       751(b)(1) and 777(i)(1) of the Act and 19
                                                (4) customer base.13 While no one or                                                                          CFR 351.216 and 351.221(c)(3) of the
                                                                                                            Interested parties may submit case                Department’s regulations.
                                                (December 19, 2016) (Solar Cells PRC 2016 CCR            briefs not later than 30 days after the
                                                Final).                                                  date of publication of this notice.21                  Dated: September 28, 2017.
                                                   8 See CCR Request at 2.
                                                                                                         Rebuttal briefs, which must be limited               Carole Showers,
                                                   9 See 19 CFR 351.216(d).
                                                                                                         to issues raised in such briefs, may be              Executive Director, Office of Policy
                                                   10 See 19 CFR 351.221(c)(3)(ii).
                                                                                                         filed not later than seven days after the            performing the duties of the Deputy Assistant
                                                   11 See, e.g., Initiation and Preliminary Results of
                                                                                                                                                              Secretary for Enforcement and Compliance.
                                                Antidumping Duty Changed Circumstances Review:
                                                Crystalline Silicon Photovoltaic Cells, Whether or                                                            [FR Doc. 2017–21341 Filed 10–3–17; 8:45 am]
                                                                                                         of Changed Circumstances Review, 79 FR 58740
                                                Not Assembled Into Modules, from the People’s            (September 30, 2014).                                BILLING CODE 3510–DS–P
                                                Republic of China, 81 FR 76561 (November 3,
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                           14 Id.
                                                2016), unchanged in Solar Cells PRC 2016 CCR               15 See Solar Cells PRC 2016 CCR Final, 81 FR at      22 See 19 CFR 351.309(d)(1) and (2).
                                                Final.
                                                   12 Id.
                                                                                                         91910.                                                 23 See 19 CFR 351.309(c)(2) and (d)(2).
                                                                                                           16 See generally CCR Request.
                                                   13 See Initiation and Preliminary Results of                                                                 24 See 19 CFR 351.310(c).
                                                                                                           17 Id. at 4–5 and Exhibits B and C.
                                                                                                                                                                25 See 19 CFR 351.310(d).
                                                Antidumping Duty Changed Circumstances Review:             18 Id. at 6–7 and Exhibit A.
                                                Multilayered Wood Flooring from the People’s                                                                    26 See Antidumping and Countervailing Duty
                                                                                                           19 Id. at 7–8 and Exhibit A.
                                                Republic of China, 79 FR 48117, 48118 (August 15,                                                             Proceedings: Electronic Filing Procedures:
                                                                                                           20 Id. at 8–9.
                                                2014), unchanged in Multilayered Wood Flooring                                                                Administrative Protective Order Procedures, 76 FR
                                                from the People’s Republic of China: Final Results         21 See 19 CFR 321.309(c)(1)(ii).                   39263 (July 6, 2011).



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Document Created: 2018-10-25 09:54:59
Document Modified: 2018-10-25 09:54:59
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
DatesApplicable October 4, 2017.
ContactKeith Haynes, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5139.
FR Citation82 FR 46222 

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