82_FR_54543 82 FR 54322 - Light-Walled Rectangular Pipe and Tube From Mexico: Initiation and Expedited Preliminary Results of Changed Circumstances Review

82 FR 54322 - Light-Walled Rectangular Pipe and Tube From Mexico: Initiation and Expedited Preliminary Results of Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 221 (November 17, 2017)

Page Range54322-54324
FR Document2017-24965

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 light- walled rectangular pipe and tube (LWRPT) from Mexico, consistent with section 751(b) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.216 and 351.221(c)(3)(ii). Based on the information on the record, we preliminarily determine that Perfiles LM, S.A. de C.V. (Perfiles) is the successor-in-interest to Perfiles y Herrajes LM, S.A. de C.V. (Perfiles y Herrajes). Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 82 Issue 221 (Friday, November 17, 2017)
[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Notices]
[Pages 54322-54324]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24965]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-836]


Light-Walled Rectangular Pipe and Tube From Mexico: Initiation 
and Expedited Preliminary Results of Changed Circumstances Review

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 light-
walled rectangular pipe and tube (LWRPT) from Mexico, consistent with 
section 751(b) of the Tariff Act of 1930, as amended (the Act) and 19 
CFR 351.216 and 351.221(c)(3)(ii). Based on the information on the 
record, we preliminarily determine that Perfiles LM, S.A. de C.V. 
(Perfiles) is the successor-in-interest to Perfiles y Herrajes LM, S.A. 
de C.V. (Perfiles y Herrajes). Interested parties are invited to 
comment on these preliminary results.

DATES: Applicable November 17, 2017.

FOR FURTHER INFORMATION CONTACT: Madeline R. Heeren, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-9179.

SUPPLEMENTARY INFORMATION: 

Background

    On August 5, 2008, the Department published the antidumping duty 
order on LWRPT from Mexico.\1\ On July 31, 2017, Perfiles y Herrajes 
informed the Department that, effective July 11, 2017, it had changed 
its name to '' Perfiles LM, S.A. de C.V.,'' (i.e., Perfiles) and 
requested that the Department conduct a CCR under 19 CFR 351.216(b) to 
determine that Perfiles is the successor-in-interest to Perfiles y 
Herrajes for purposes of determining Perfiles' antidumping duty cash 
deposits and liabilities.\2\
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    \1\ See Light-Walled Rectangular Pipe and Tube from Mexico, the 
People's Republic of China, and the Republic of Korea: Antidumping 
Duty Orders; Light-Walled Rectangular Pipe and Tube from the 
Republic of Korea: Notice of Amended Final Determination of Sales at 
Less Than Fair Value, 73 FR 45403 (August 5, 2008) (Order).
    \2\ See Letter, ``Light-Walled Rectangular Pipe and Tube from 
Mexico--Notice of Change in Company Name,'' dated July 31, 2017 (CCR 
Request).
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    On August 17, 2017, the Department declined to initiate the CCR 
that Perfiles y Herrajes requested, citing the need for additional 
information pertaining to any changes in management, production 
facilities, customers, and suppliers.\3\ Therefore, the Department 
issued Perfiles y Herrajes a questionnaire. On October 2, 2017, 
Perfiles y Herrajes filed its response, in which it provided additional 
information to support its request.\4\ We have received no comments 
from any other interested party.
---------------------------------------------------------------------------

    \3\ See Letter, ``Light-Walled Rectangular Pipe and Tube from 
Mexico: Antidumping Duty Changed Circumstances Review Deficiency 
Questionnaire,'' dated August 17, 2017 (CCR Questionnaire).
    \4\ See Letter, ``Light-Walled Rectangular Pipe and Tube from 
Mexico--Response to August 17 Questionnaire,'' dated October 2, 2017 
(CCR Questionnaire Response).
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Scope of the Review

    The merchandise subject to this order is certain welded carbon-
quality light-walled steel pipe and tube, of rectangular (including 
square) cross section, having a wall thickness of less than 4 mm.
    The term carbon-quality steel includes both carbon steel and alloy 
steel which contains only small amounts of alloying elements. 
Specifically, the term carbon-quality includes products in which none 
of the elements listed below exceeds the quantity by weight 
respectively indicated: 1.80 percent of manganese, or 2.25 percent of 
silicon, or 1.00 percent of copper, or 0.50 percent of aluminum, or 
1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of 
lead, or 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.10 
percent of molybdenum, or 0.10 percent of niobium, or 0.15 percent 
vanadium, or 0.15 percent of zirconium.
    The description of carbon-quality is intended to identify carbon-
quality products within the scope. The welded carbon-quality 
rectangular pipe and tube subject to this order is currently classified 
under the Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings 7306.61.50.00 and 7306.61.70.60. While HTSUS subheadings 
are provided for convenience and customs purposes, our written 
description of the scope of this order is dispositive.\5\
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    \5\ For a complete description of the scope of the order, see 
Memorandum, ``Light-Walled Rectangular Pipe and Tube from Mexico: 
Initiation and Expedited Preliminary Results of Changed 
Circumstances Review,'' dated concurrently with, and hereby adopted 
by, these preliminary results (Preliminary Decision Memorandum).

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[[Page 54323]]

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act and the Department's 
regulations (19 CFR 351.216 and 351.221(c)(3)), the Department will 
conduct a CCR 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).\6\
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    \6\ 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).
---------------------------------------------------------------------------

    Perfiles y Herrajes states that, effective July 11, 2017, Perfiles 
y Herrajes changed its name to Perfiles.\7\ Consistent with Department 
practice, as further discussed in the Preliminary Decision Memorandum, 
we find that the information submitted by Perfiles y Herrajes 
demonstrates changed circumstances sufficient to warrant a review.\8\ 
Therefore, in accordance with section 751(b)(1) of the Act and 19 CFR 
351.216(d), the Department is initiating a CCR to determine whether 
Perfiles is the successor-in-interest to Perfiles y Herrajes.
---------------------------------------------------------------------------

    \7\ See CCR Request at 1.
    \8\ 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.\9\ 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.\10\ 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).
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.221(c)(3)(ii).
    \10\ 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-in-
interest to another company for antidumping cash deposit purposes if 
the operations of the successor-in-interest are not materially 
dissimilar from those of its predecessor.\11\ 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.\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-in-interest 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 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.\14\
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    \11\ Id.
    \12\ 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).
    \13\ Id.
    \14\ See Solar Cells PRC 2016 CCR Final, 81 FR at 91910.
---------------------------------------------------------------------------

    In its CCR Questionnaire Response, Perfiles y Herrajes provided 
evidence demonstrating that Perfiles' operations are not materially 
dissimilar from those of its predecessor, Perfiles y Herrajes.\15\ 
Specifically, the record indicates that there have not been any 
material changes to management,\16\ production facilities,\17\ 
suppliers,\18\ or customer base.\19\ Based on the foregoing findings, 
which are explained in greater detail in the Preliminary Decision 
Memorandum,\20\ the Department preliminarily determines that Perfiles 
is the successor-in-interest to Perfiles y Herrajes and, as such, it is 
entitled to Perfiles y Herrajes' antidumping 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 
LWRPT produced and/or exported by Perfiles and apply the antidumping 
cash deposit rate applicable to Perfiles y Herrajes, effective the date 
of publication of the final results.
---------------------------------------------------------------------------

    \15\ See Letter, ``Light-Walled Rectangular Pipe and Tube from 
Mexico--Response to August 17 Questionnaire,'' dated October 2, 2017 
(CCR Questionnaire Response).
    \16\ Id. at 5-6, Appendices A-3-A, A-3-B, A-4-A, and A-4-B.
    \17\ Id. at 9-10, Appendices A-7-A, A-7-B, and A-7-C.
    \18\ Id. at 11, Appendices A-8-A, and A-8-B.
    \19\ Id. at 8, Appendices A-6-A, and A-6-B.
    \20\ See Preliminary Decision Memorandum.
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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, 
limited to issues raised in the case briefs, may be filed by no later 
than five days after the deadline for filing case briefs.\22\ Parties 
who submit case or rebuttal briefs in this CCR 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).
    \23\ See 19 CFR 351.309(c)(2) and (d)(2).
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    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\
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    \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).
---------------------------------------------------------------------------

    Unless extended, consistent with 19 CFR 351.216(e), we intend to 
issue the final results of this CCR 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

[[Page 54324]]

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: November 13, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-24965 Filed 11-16-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                54322                       Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices

                                                (signifying that the comments contain                   DEPARTMENT OF COMMERCE                                   On August 17, 2017, the Department
                                                no privileged or confidential business                                                                        declined to initiate the CCR that Perfiles
                                                information and can be posted                           International Trade Administration                    y Herrajes requested, citing the need for
                                                publicly), followed by the name of the                                                                        additional information pertaining to any
                                                                                                        [A–201–836]
                                                person or entity submitting the                                                                               changes in management, production
                                                comments. Written submissions should                    Light-Walled Rectangular Pipe and                     facilities, customers, and suppliers.3
                                                include an original and five (5) copies.                Tube From Mexico: Initiation and                      Therefore, the Department issued
                                                   Please do not attach separate cover                  Expedited Preliminary Results of                      Perfiles y Herrajes a questionnaire. On
                                                letters to electronic submissions; rather,              Changed Circumstances Review                          October 2, 2017, Perfiles y Herrajes filed
                                                include any information that might                                                                            its response, in which it provided
                                                                                                        AGENCY:   Enforcement and Compliance,                 additional information to support its
                                                appear in a cover letter in the comments
                                                                                                        International Trade Administration,                   request.4 We have received no
                                                themselves. Similarly, to the extent
                                                                                                        Department of Commerce.                               comments from any other interested
                                                possible, please include any exhibits,
                                                annexes, or other attachments in the                    SUMMARY: The Department of Commerce                   party.
                                                same file as the submission itself, not as              (Department) is simultaneously
                                                                                                        initiating and issuing the preliminary                Scope of the Review
                                                separate files.
                                                                                                        results of a changed circumstances
                                                   Opportunity to present during the ITA                                                                         The merchandise subject to this order
                                                                                                        review (CCR) of the antidumping duty
                                                Internal Summit: The Summit will                                                                              is certain welded carbon-quality light-
                                                                                                        order on light-walled rectangular pipe
                                                convene ITA staff from headquarters                                                                           walled steel pipe and tube, of
                                                                                                        and tube (LWRPT) from Mexico,
                                                and the domestic and foreign fields to                                                                        rectangular (including square) cross
                                                                                                        consistent with section 751(b) of the
                                                develop recommendations for                                                                                   section, having a wall thickness of less
                                                                                                        Tariff Act of 1930, as amended (the Act)
                                                improving standards-related services                    and 19 CFR 351.216 and                                than 4 mm.
                                                and programs for ITA stakeholders. It                   351.221(c)(3)(ii). Based on the                          The term carbon-quality steel
                                                will include ‘‘open sessions’’ with                     information on the record, we                         includes both carbon steel and alloy
                                                private sector stakeholders where they                  preliminarily determine that Perfiles                 steel which contains only small
                                                may share their priorities and                          LM, S.A. de C.V. (Perfiles) is the                    amounts of alloying elements.
                                                recommendations for ITA’s work on                       successor-in-interest to Perfiles y                   Specifically, the term carbon-quality
                                                trade-related standards issues. To                      Herrajes LM, S.A. de C.V. (Perfiles y                 includes products in which none of the
                                                accommodate as many stakeholders as                     Herrajes). Interested parties are invited             elements listed below exceeds the
                                                possible, the time per stakeholder will                 to comment on these preliminary                       quantity by weight respectively
                                                be limited. Stakeholders interested in                  results.                                              indicated: 1.80 percent of manganese, or
                                                presenting during a summit open                                                                               2.25 percent of silicon, or 1.00 percent
                                                session must apply by December 18,                      DATES:   Applicable November 17, 2017.
                                                                                                                                                              of copper, or 0.50 percent of aluminum,
                                                2017, identifying the name and address                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              or 1.25 percent of chromium, or 0.30
                                                of the proposed speaker and including                   Madeline R. Heeren, AD/CVD
                                                                                                                                                              percent of cobalt, or 0.40 percent of
                                                a brief description of the stakeholder                  Operations, Office VI, Enforcement and
                                                                                                                                                              lead, or 1.25 percent of nickel, or 0.30
                                                interest and intended remarks.                          Compliance, International Trade
                                                                                                                                                              percent of tungsten, or 0.10 percent of
                                                Stakeholders are limited to one                         Administration, U.S. Department of
                                                                                                                                                              molybdenum, or 0.10 percent of
                                                presenter per company or organization.                  Commerce, 1401 Constitution Avenue
                                                                                                                                                              niobium, or 0.15 percent vanadium, or
                                                                                                        NW., Washington, DC 20230; telephone:
                                                   In seeking private sector presenters,                (202) 482–9179.                                       0.15 percent of zirconium.
                                                ITA will consider factors such as: (1)                                                                           The description of carbon-quality is
                                                Frequency and type of standards-related                 SUPPLEMENTARY INFORMATION:
                                                                                                                                                              intended to identify carbon-quality
                                                trade barriers experienced with the goal                Background                                            products within the scope. The welded
                                                of selecting presenters with significant                                                                      carbon-quality rectangular pipe and
                                                                                                           On August 5, 2008, the Department
                                                experience working to overcome                                                                                tube subject to this order is currently
                                                                                                        published the antidumping duty order
                                                standards-related barriers in foreign                                                                         classified under the Harmonized Tariff
                                                                                                        on LWRPT from Mexico.1 On July 31,
                                                markets, and whose experience                                                                                 Schedule of the United States (HTSUS)
                                                                                                        2017, Perfiles y Herrajes informed the
                                                represents the spectrum of such barriers                                                                      subheadings 7306.61.50.00 and
                                                                                                        Department that, effective July 11, 2017,
                                                experienced by U.S. exporters (e.g.,                                                                          7306.61.70.60. While HTSUS
                                                                                                        it had changed its name to ’’ Perfiles
                                                challenges with standards development,                                                                        subheadings are provided for
                                                                                                        LM, S.A. de C.V.,’’ (i.e., Perfiles) and
                                                testing and conformity assessment, and                                                                        convenience and customs purposes, our
                                                                                                        requested that the Department conduct
                                                meeting standards-related regulatory                                                                          written description of the scope of this
                                                                                                        a CCR under 19 CFR 351.216(b) to
                                                requirements in foreign markets); and                                                                         order is dispositive.5
                                                                                                        determine that Perfiles is the successor-
                                                (2) balance of industries and roles with
                                                                                                        in-interest to Perfiles y Herrajes for
                                                the goal of selecting presenters that
                                                                                                        purposes of determining Perfiles’                       3 See Letter, ‘‘Light-Walled Rectangular Pipe and
                                                represent a mix of industries affected by                                                                     Tube from Mexico: Antidumping Duty Changed
                                                                                                        antidumping duty cash deposits and
                                                standards-related trade barriers, and                                                                         Circumstances Review Deficiency Questionnaire,’’
                                                                                                        liabilities.2
                                                who are conversant on issues affecting                                                                        dated August 17, 2017 (CCR Questionnaire).
                                                                                                                                                                4 See Letter, ‘‘Light-Walled Rectangular Pipe and
                                                U.S. stakeholders/exporters (standards
                                                                                                          1 See Light-Walled Rectangular Pipe and Tube        Tube from Mexico—Response to August 17
sradovich on DSK3GMQ082PROD with NOTICES




                                                development, conformity assessment,                     from Mexico, the People’s Republic of China, and      Questionnaire,’’ dated October 2, 2017 (CCR
                                                and technical regulations).                             the Republic of Korea: Antidumping Duty Orders;       Questionnaire Response).
                                                                                                        Light-Walled Rectangular Pipe and Tube from the         5 For a complete description of the scope of the
                                                Chris Rosettie,                                         Republic of Korea: Notice of Amended Final            order, see Memorandum, ‘‘Light-Walled
                                                Director, Office of Standards and Investment            Determination of Sales at Less Than Fair Value, 73    Rectangular Pipe and Tube from Mexico: Initiation
                                                Policy.                                                 FR 45403 (August 5, 2008) (Order).                    and Expedited Preliminary Results of Changed
                                                                                                          2 See Letter, ‘‘Light-Walled Rectangular Pipe and   Circumstances Review,’’ dated concurrently with,
                                                [FR Doc. 2017–24605 Filed 11–16–17; 8:45 am]
                                                                                                        Tube from Mexico—Notice of Change in Company          and hereby adopted by, these preliminary results
                                                BILLING CODE 3510–DR–P                                  Name,’’ dated July 31, 2017 (CCR Request).            (Preliminary Decision Memorandum).



                                           VerDate Sep<11>2014   18:32 Nov 16, 2017   Jkt 244001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\17NON1.SGM   17NON1


                                                                             Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices                                                    54323

                                                Initiation of Changed Circumstances                        In a CCR, we generally consider a                     U.S. Customs and Border Protection to
                                                Review                                                   company to be the successor-in-interest                 suspend liquidation of entries of
                                                                                                         to another company for antidumping                      LWRPT produced and/or exported by
                                                   Pursuant to section 751(b)(1) of the                  cash deposit purposes if the operations                 Perfiles and apply the antidumping cash
                                                Act and the Department’s regulations                     of the successor-in-interest are not                    deposit rate applicable to Perfiles y
                                                (19 CFR 351.216 and 351.221(c)(3)), the                  materially dissimilar from those of its                 Herrajes, effective the date of
                                                Department will conduct a CCR upon                       predecessor.11 In making this                           publication of the final results.
                                                receipt of information concerning, or a                  determination, the Department
                                                request from an interested party for a                                                                           Public Comment
                                                                                                         examines a number of factors including,
                                                review of, an order which shows                          but not limited to, changes in: (1)                        Interested parties may submit case
                                                changed circumstances sufficient to                      Management; (2) production facilities;                  briefs not later than 30 days after the
                                                warrant a review of the order. Generally,                (3) suppliers; and (4) customer base.12                 date of publication of this notice.21
                                                in the past, the Department has used                     While no one or several of these factors                Rebuttal briefs, limited to issues raised
                                                CCRs to address the applicability of                     will necessarily provide a dispositive                  in the case briefs, may be filed by no
                                                cash deposit rates after there have been                 indication of succession, the                           later than five days after the deadline for
                                                changes in the name or structure of a                    Department will generally consider one                  filing case briefs.22 Parties who submit
                                                respondent, such as a merger or spinoff                  company to be the successor-in-interest                 case or rebuttal briefs in this CCR are
                                                (i.e., successor-in-interest, or                         to another company if its resulting                     requested to submit with each
                                                successorship determinations).6                          operation is essentially the same as that               argument: (1) A statement of the issue;
                                                   Perfiles y Herrajes states that, effective            of its predecessor.13 Thus, if the                      and (2) a brief summary of the argument
                                                July 11, 2017, Perfiles y Herrajes                       evidence demonstrates that, with                        with an electronic version included.23
                                                changed its name to Perfiles.7                           respect to the production and sale of the                  Any interested party may request a
                                                Consistent with Department practice, as                  subject merchandise, the new company                    hearing within 30 days of publication of
                                                further discussed in the Preliminary                     operates as the same business entity as                 this notice.24 Hearing requests should
                                                Decision Memorandum, we find that the                    the prior company, the Department will                  contain the following information: (1)
                                                information submitted by Perfiles y                      assign the new company the cash                         The party’s name, address, and
                                                Herrajes demonstrates changed                            deposit rate of its predecessor.14                      telephone number; (2) the number of
                                                circumstances sufficient to warrant a                      In its CCR Questionnaire Response,                    participants; and (3) a list of the issues
                                                review.8 Therefore, in accordance with                   Perfiles y Herrajes provided evidence                   to be discussed. Oral presentations at
                                                section 751(b)(1) of the Act and 19 CFR                  demonstrating that Perfiles’ operations                 the hearing will be limited to issues
                                                351.216(d), the Department is initiating                 are not materially dissimilar from those                raised in the briefs. If a request for a
                                                a CCR to determine whether Perfiles is                   of its predecessor, Perfiles y Herrajes.15              hearing is made, parties will be notified
                                                the successor-in-interest to Perfiles y                  Specifically, the record indicates that                 of the time and date for the hearing to
                                                Herrajes.                                                there have not been any material                        be held at the U.S. Department of
                                                                                                         changes to management,16 production                     Commerce, 1401 Constitution Avenue
                                                Preliminary Results                                                                                              NW., Washington, DC 20230 in a room
                                                                                                         facilities,17 suppliers,18 or customer
                                                  When it concludes that expedited                       base.19 Based on the foregoing findings,                to be determined.25
                                                action is warranted, the Department                      which are explained in greater detail in                   All submissions, with limited
                                                may publish the notice of initiation and                 the Preliminary Decision                                exceptions, must be filed electronically
                                                preliminary results of a CCR in a single                 Memorandum,20 the Department                            using Enforcement and Compliance’s
                                                notice.9 The Department has combined                     preliminarily determines that Perfiles is               Antidumping and Countervailing Duty
                                                the notice of initiation and preliminary                 the successor-in-interest to Perfiles y                 Centralized Electronic Service System
                                                results in successor-in-interest cases                   Herrajes and, as such, it is entitled to                (ACCESS). An electronically filed
                                                when sufficient documentation has been                   Perfiles y Herrajes’ antidumping cash                   document must be received successfully
                                                provided supporting the request to make                  deposit rate with respect to entries of                 in its entirety by 5 p.m. Eastern Time
                                                a preliminary determination.10 In this                   subject merchandise. Should our final                   (ET) on the due date. Documents
                                                instance, because the record contains                    results remain the same as these                        excepted from the electronic submission
                                                information necessary to support the                     preliminary results, we will instruct                   requirements must be filed manually
                                                request for a preliminary determination,                                                                         (i.e., in paper form) with the APO/
                                                we find that expedited action is                           11 Id.                                                Dockets Unit in Room 18022 and
                                                warranted, and we are combining the                         12 See Initiation and Preliminary Results of         stamped with the date and time of
                                                notice of initiation and the notice of                   Antidumping Duty Changed Circumstances Review:          receipt by 5 p.m. ET on the due date.26
                                                                                                         Multilayered Wood Flooring from the People’s               Unless extended, consistent with 19
                                                preliminary results, in accordance with                  Republic of China, 79 FR 48117, 48118 (August 15,
                                                19 CFR 351.221(c)(3)(ii).                                2014), unchanged in Multilayered Wood Flooring
                                                                                                                                                                 CFR 351.216(e), we intend to issue the
                                                                                                         from the People’s Republic of China: Final Results      final results of this CCR no later than
                                                  6 See, e.g., Crystalline Silicon Photovoltaic Cells,   of Changed Circumstances Review, 79 FR 58740            270 days after the date on which this
                                                                                                         (September 30, 2014).                                   review was initiated or within 45 days
                                                Whether or Not Assembled Into Modules, from the             13 Id.
                                                People’s Republic of China: Final Results of                                                                     if all parties agree to the outcome of the
                                                                                                            14 See Solar Cells PRC 2016 CCR Final, 81 FR at
                                                Changed Circumstances Review, 81 FR 91909                                                                        review. We intend to issue and publish
                                                (December 19, 2016) (Solar Cells PRC 2016 CCR            91910.
                                                Final).                                                     15 See Letter, ‘‘Light-Walled Rectangular Pipe and   this initiation and preliminary results
                                                  7 See CCR Request at 1.                                Tube from Mexico—Response to August 17
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                                                  8 See 19 CFR 351.216(d).                               Questionnaire,’’ dated October 2, 2017 (CCR               21 See 19 CFR 321.309(c)(1)(ii).
                                                  9 See 19 CFR 351.221(c)(3)(ii).                        Questionnaire Response).                                  22 See 19 CFR 351.309(d)(1).
                                                                                                            16 Id. at 5–6, Appendices A–3–A, A–3–B, A–4–A,         23 See 19 CFR 351.309(c)(2) and (d)(2).
                                                  10 See, e.g., Initiation and Preliminary Results of
                                                                                                         and A–4–B.                                                24 See 19 CFR 351.310(c).
                                                Antidumping Duty Changed Circumstances Review:              17 Id. at 9–10, Appendices A–7–A, A–7–B, and A–        25 See 19 CFR 351.310(d).
                                                Crystalline Silicon Photovoltaic Cells, Whether or
                                                Not Assembled Into Modules, from the People’s            7–C.                                                      26 See Antidumping and Countervailing Duty
                                                                                                            18 Id. at 11, Appendices A–8–A, and A–8–B.
                                                Republic of China, 81 FR 76561 (November 3,                                                                      Proceedings: Electronic Filing Procedures:
                                                                                                            19 Id. at 8, Appendices A–6–A, and A–6–B.
                                                2016), unchanged in Solar Cells PRC 2016 CCR                                                                     Administrative Protective Order Procedures, 76 FR
                                                Final.                                                      20 See Preliminary Decision Memorandum.              39263 (July 6, 2011).



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                                                54324                       Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices

                                                notice in accordance with sections                      comment.1 The Department received no                  wide entity will not be under review
                                                751(b)(1) and 777(i)(1) of the Act and 19               comments. The Department conducted                    unless a party specifically requests, or
                                                CFR 351.216 and 351.221(c)(3) of the                    this review in accordance with section                the Department self-initiates, a review of
                                                Department’s regulations.                               751(a)(1)(B) of the Tariff Act of 1930, as            the entity. Because no party requested a
                                                  Dated: November 13, 2017.                             amended (the Act).                                    review of the PRC-wide entity in this
                                                                                                                                                              review, the entity is not under review
                                                Gary Taverman,                                          Scope of the Order
                                                                                                                                                              and the entity’s rate is not subject to
                                                Deputy Assistant Secretary for Antidumping                 The merchandise subject to the order               change (i.e., 187.25 percent).5
                                                and Countervailing Duty Operations,                     is steel wire garment hangers, fabricated
                                                performing the non-exclusive functions and                                                                    Methodology
                                                                                                        from carbon steel wire, whether or not
                                                duties of the Assistant Secretary for
                                                Enforcement and Compliance.                             galvanized or painted, whether or not                   The Department conducted this
                                                                                                        coated with latex or epoxy or similar                 review in accordance with section
                                                [FR Doc. 2017–24965 Filed 11–16–17; 8:45 am]
                                                                                                        gripping materials, and/or whether or                 751(a)(1)(B) of the Act. In the
                                                BILLING CODE 3510–DS–P
                                                                                                        not fashioned with paper covers or                    Preliminary Results, the Department
                                                                                                        capes (with or without printing) and/or               calculated constructed export prices and
                                                                                                        nonslip features such as saddles or                   export prices in accordance with section
                                                DEPARTMENT OF COMMERCE
                                                                                                        tubes. These products may also be                     772 of the Act. Because the PRC is a
                                                International Trade Administration                      referred to by a commercial designation,              nonmarket economy (NME) within the
                                                                                                        such as shirt, suit, strut, caped, or latex           meaning of section 771(18) of the Act,
                                                [A–570–918]                                             (industrial) hangers. Specifically                    normal value is calculated in
                                                                                                        excluded from the scope of the order are              accordance with section 773(c) of the
                                                Steel Wire Garment Hangers From the                                                                           Act. We have not received any
                                                                                                        wooden, plastic, and other garment
                                                People’s Republic of China: Final                                                                             information since the issuance of the
                                                                                                        hangers that are not made of steel wire.
                                                Results of Antidumping Duty                                                                                   Preliminary Results that provides a basis
                                                                                                        Also excluded from the scope of the
                                                Administrative Review; 2015–2016                                                                              for reconsidering this determination.
                                                                                                        order are chrome-plated steel wire
                                                AGENCY:   Enforcement and Compliance,                   garment hangers with a diameter of 3.4                For a full description of the
                                                International Trade Administration,                     mm or greater. The products subject to                methodology underlying our
                                                Department of Commerce.                                 the order are currently classified under              conclusions, see the Preliminary
                                                SUMMARY: On August 9, 2017, the                         HTSUS subheadings 7326.20.0020,                       Decision Memorandum, available at
                                                Department of Commerce (Department)                     7323.99.9060, and 7323.99.9080.                       http://enforcement.trade.gov/frn/.
                                                published in the Federal Register the                      Although the HTSUS subheadings are                 Final Results of Review Margin
                                                Preliminary Results of the                              provided for convenience and customs
                                                                                                        purposes, the written description of the                 The Department determines that the
                                                administrative review of the                                                                                  following weighted-average dumping
                                                antidumping duty order on Steel Wire                    merchandise is dispositive.
                                                                                                                                                              margin exists for the POR from October
                                                Garment Hangers from the People’s                       Final Results of Review                               1, 2015, through September 30, 2016:
                                                Republic of China (PRC) covering the
                                                                                                          In the Preliminary Results, the
                                                period October 1, 2015, through                                                                                                                             Weighted-
                                                                                                        Department determined the following:
                                                September 30, 2016. This review                                                                                                                              average
                                                                                                        (1) Shanghai Wells sold merchandise at                               Exporter                       dumping
                                                covered Hangzhou Yingqing Material
                                                                                                        prices below normal value; and (2)                                                                   margin
                                                Co. Ltd. and Hangzhou Qingqing
                                                                                                        Yingqing is not eligible for a separate                                                                (%)
                                                Mechanical Co. Ltd. (collectively,
                                                                                                        rate and, therefore, is a part of the PRC-
                                                Yingqing), and Shanghai Wells Hanger                                                                          Shanghai Wells Hanger Co.,
                                                                                                        wide entity.2 We have not received
                                                Co., Ltd./Hong Kong Wells Ltd.                                                                                  Ltd./Hong Kong Wells
                                                                                                        information contradicting our
                                                (collectively, Shanghai Wells).                                                                                 Ltd.6 ...................................     5.02
                                                  The Department gave interested                        preliminary finding; thus, the
                                                parties an opportunity to comment on                    Department finds there is no reason to
                                                                                                                                                              Assessment Rates
                                                the Preliminary Results, but we received                modify its analysis. Accordingly, no
                                                                                                        decision memorandum accompanies                          Pursuant to section 751(a)(2)(C) of the
                                                no comments. Hence, the final results                                                                         Act and 19 CFR 351.212(b), the
                                                are unchanged from the Preliminary                      this Federal Register notice. For further
                                                                                                        details of the issues addressed in this               Department has determined, and CBP
                                                Results and we continue to find that                                                                          shall assess, antidumping duties on all
                                                Shanghai Wells sold merchandise at                      proceeding, see the Preliminary
                                                                                                        Results.3                                             appropriate entries of subject
                                                prices below the normal value and                                                                             merchandise in accordance with the
                                                Yingqing is not eligible for a separate                 PRC-Wide Entity                                       final results of this review. The
                                                rate during the period of review.                         The Department’s policy regarding the               Department intends to issue assessment
                                                DATES: Applicable November 17, 2017.                    conditional review of the PRC-wide                    instructions to CBP 15 days after the
                                                FOR FURTHER INFORMATION CONTACT:                        entity applies to this administrative                 publication date of the final results of
                                                Katrina Clemente, AD/CVD Operations,                    review.4 Under this policy, the PRC-                  this review.
                                                Office V, Enforcement and Compliance,
                                                International Trade Administration,                       1 See Steel Wire Garment Hangers from the
                                                                                                                                                              Entity in NME Antidumping Duty Proceedings, 78
                                                Department of Commerce, 1401                            People’s Republic of China: Preliminary Results of    FR 65963 (November 4, 2013).
                                                                                                        Antidumping Duty Administrative Review; 2015–           5 See Steel Wire Garment Hangers from the
                                                Constitution Avenue NW., Washington,
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                                                                                                        2016, 82 FR 37194 (September 9, 2017) (Preliminary    People’s Republic of China: Final Results of
                                                DC 20230; telephone: (202) 482–0783.                    Results) and the accompanying Preliminary             Antidumping Duty Administrative Review, 2012–
                                                SUPPLEMENTARY INFORMATION:                              Decision Memorandum.                                  2013, 80 FR 13332, (March 13, 2015), and
                                                                                                          2 See Preliminary Results, 82 FR at 37194–95.
                                                                                                                                                              accompanying Issues and Decision Memorandum;
                                                Background                                                3 Id.                                               see also Preliminary Decision Memorandum.
                                                                                                          4 See Antidumping Proceedings: Announcement           6 As previously stated, we continue to find
                                                  On August 9, 2017, the Department                     of Change in Department Practice for Respondent       Shanghai Wells Hanger Co., Ltd. and Hong Kong
                                                published the Preliminary Results and                   Selection in Antidumping Duty Proceedings and         Wells Ltd. (collectively Shanghai Wells) to be a
                                                gave interested parties an opportunity to               Conditional Review of the Nonmarket Economy           single entity.



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Document Created: 2017-11-17 05:14:38
Document Modified: 2017-11-17 05:14:38
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 November 17, 2017.
ContactMadeline R. Heeren, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-9179.
FR Citation82 FR 54322 

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