82_FR_9584 82 FR 9560 - Wooden Bedroom Furniture From the People's Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review

82 FR 9560 - Wooden Bedroom Furniture From the People's Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 24 (February 7, 2017)

Page Range9560-9561
FR Document2017-02468

The Department of Commerce (``the Department'') is simultaneously initiating, and issuing the preliminarily results of, a changed circumstances review of the antidumping duty (``AD'') order on wooden bedroom furniture (``WBF'') from the People's Republic of China (``PRC''). We preliminary determine that Yihua Lifestyle Technology Co., Ltd. (``Yihua Tech'') is the successor-in-interest to Guangdong Yihua Timber Industry Co., Ltd. (``Yihua Timber'') for purposes of the AD order on WBF from the PRC and, as such, is entitled to Yihua Timber's cash deposit rate with respect to entries of subject merchandise. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 82 Issue 24 (Tuesday, February 7, 2017)
[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Notices]
[Pages 9560-9561]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02468]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Wooden Bedroom Furniture From the People's Republic of China: 
Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review

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

SUMMARY: The Department of Commerce (``the Department'') is 
simultaneously initiating, and issuing the preliminarily results of, a 
changed circumstances review of the antidumping duty (``AD'') order on 
wooden bedroom furniture (``WBF'') from the People's Republic of China 
(``PRC''). We preliminary determine that Yihua Lifestyle Technology 
Co., Ltd. (``Yihua Tech'') is the successor-in-interest to Guangdong 
Yihua Timber Industry Co., Ltd. (``Yihua Timber'') for purposes of the 
AD order on WBF from the PRC and, as such, is entitled to Yihua 
Timber's cash deposit rate with respect to entries of subject 
merchandise. Interested parties are invited to comment on this 
preliminary determination.

DATES: Effective February 7, 2017.

FOR FURTHER INFORMATION CONTACT: Jonathan Hill, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-3518.

SUPPLEMENTARY INFORMATION:

Background

    On January 5, 2005, the Department published the AD order on WBF 
from the PRC.\1\ On July 28, 2016, Yihua Tech requested that the 
Department initiate an expedited changed circumstances review (``CCR'') 
and determine that it is the successor-in-interest to Yihua Timber for 
purposes of determining AD liabilities.\2\ On September 9, 2016, the 
Department requested from Yihua Tech additional information in order to 
determine whether to initiate the requested CCR.\3\ On November 18, 
2016, Yihua Tech submitted an amendment to its CCR Request, which 
included the additional information requested by the Department.\4\ 
Thus, the 45-day time period for the Department to determine whether to 
initiate the requested changed circumstances review began on this 
date.\5\ On December 23, 2016, the Department determined that 
additional time was necessary to consider Yihua Tech's request for the 
changed circumstances reviews.\6\ Therefore, in accordance with 19 CFR 
351.302(b), the Department extended the time period for determining 
whether to initiate the requested changed circumstances reviews by an 
additional 30 days, until February 1, 2017. The Department received no 
comments on Yihua Tech's CCR Request.
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    \1\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Wooden Bedroom Furniture 
from the People's Republic of China, 70 FR 329 (January 4, 2005) 
(``Order'').
    \2\ See Letter from Yihua Tech to the Secretary of Commerce 
``Wooden Bedroom Furniture from the People's Republic of China (AD) 
and Multilayered Wood Flooring from the People's Republic of China 
(AD/CVD); Request for Changed Circumstances Review,'' dated July 28, 
2016 (``CCR Request'').
    \3\ See Letter from Howard Smith, Program Manager, AD/CVD 
Operations, Office IV, Enforcement & Compliance to Yihua Tech dated 
September 9, 2016.
    \4\ See Letter from Yihua Tech to the Secretary of Commerce 
``Wooden Bedroom Furniture from the People's Republic of China (AD) 
and Multilayered Wood Flooring from the People's Republic of China 
(AD/CVD); Amendment to Request for Changed Circumstances Review,'' 
dated November 18, 2016 (``Amendment to CCR Request'').
    \5\ See 19 CFR 351.216(b).
    \6\ See Letter from Abdelali Elouaradia, Office Director, Office 
IV, AD/CVD Operations ``Wooden Bedroom Furniture from the People's 
Republic of China (Antidumping Duty Order) and Multilayered Wood 
Flooring from the People's Republic of China (Antidumping Duty and 
Countervailing Duty Orders): Request for a Changed Circumstances 
Review,'' dated December 23, 2016.
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Scope of the Order

    The product covered by the order is wooden bedroom furniture, 
subject to certain exceptions.\7\ Imports of subject merchandise are 
classified under the Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheadings: 9403.50.9042, 9403.50.9045, 9403.50.9041, 
9403.60.8081, 9403.20.0018, 9403.90.8041, 7009.92.1000, or 
7009.92.5000. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written product description in 
the Order remains dispositive.\8\
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    \7\ See Order, 70 FR at 332-33.
    \8\ For a complete description of the Scope of the Order, please 
see memorandum from Gary Taverman, Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance ``Wooden Bedroom Furniture from the People's Republic of 
China: Preliminary Decision Memorandum of Changed Circumstances 
Review,'' dated concurrently with this notice (``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. In the past, 
the Department has used CCRs to address the applicability of cash 
deposit rates after there have been changes in the name of a 
respondent, (``successor-in-interest'' or ``successorship'' 
determinations). The information submitted by Yihua Tech claiming that 
it is Yihua Timber's successor-in-interest relates to a name change. 
Specifically, Yihua Tech reported that effective May 17, 2016, the 
Guangdong Provincial Administration for Industry and Commerce approved 
Yihua Tech's change of name from Guangdong Yihua Timber Industry Co., 
Ltd. to Yihua Lifestyle Technology Co., Ltd., and approved a minor 
modification to Yihua Timber's business scope.\9\ Consistent with 
Department practice, the information submitted by Yihua Tech 
demonstrates changed circumstances sufficient to warrant a review.\10\ 
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 Yihua Tech is the successor-in-interest to Yihua 
Timber.
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    \9\ See CCR Request at Attachment 1.
    \10\ 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 concurrently.\11\ The Department has

[[Page 9561]]

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.\12\ 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).
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    \11\ See 19 CFR 351.221(c)(3)(ii).
    \12\ 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) (``Solar 
Cells PRC 2016''), unchanged in 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).
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    In a CCR, we generally consider a company to be the successor to 
another company for AD cash deposit purposes if the operations of the 
successor are not materially dissimilar from those of its 
predecessor.\13\ 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.\14\ 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.\15\ 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.\16\
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    \13\ Id.
    \14\ 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).
    \15\ Id.
    \16\ See Solar Cells PRC 2016 at 76562.
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    In its CCR Request (and its Amendment,) Yihua Tech provided 
evidence demonstrating that its operations are not materially 
dissimilar from those of its predecessor.\17\ Specifically, Yihua Tech 
is managed and operated by the same management teams as those of Yihua 
Timber, with the exception of the change to the general manager, which 
occurred prior to the name change, and was unrelated to the name 
change.\18\ Further, Yihua has not added, or discontinued use of, 
wooden bedroom furniture production facilities as a result of the 
change in name.\19\ Finally, there have been non-material changes to 
the company's suppliers,\20\ and no changes to the company's customer 
base.\21\ Based on the foregoing, which is explained in greater detail 
in the Preliminary Decision Memorandum, we preliminarily determine that 
Yihua Tech is the successor-in-interest to Yihua Timber and, as such, 
that it is entitled to Yihua Timber'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 assign entries of subject merchandise exported by 
Yihua Tech the AD cash-deposit rate applicable to Yihua Timber, 
effective the date of publication of the final results.
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    \17\ See generally CCR Request and Amendment to CCR Request.
    \18\ See CCR Request at Attachments 1 and 5 and Amendment to CCR 
Request at Attachments 2 and 3.
    \19\ See CCR Request at 4 and Attachment 4 and Amendment to CCR 
Request at 2-4 and Attachment 1.
    \20\ See CCR Request at Attachment 9 and Amendment to CCR 
Request at Attachment 4.
    \21\ See CCR Request at Attachment 10.
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Public Comment

    Interested parties may submit case briefs not later than 14 days 
after the date of publication of this notice.\22\ 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.\23\ 
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.\24\
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    \22\ The Department is exercising its discretion under 19 CFR 
351.309(c)(1)(ii) to alter the time limit for the filing of case 
briefs.
    \23\ The Department is exercising its discretion under 19 CFR 
351.309(d)(I) to alter the time limit for the filing of rebuttal 
briefs.
    \24\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Any interested party may request a hearing within 14 days of 
publication of this notice.\25\ 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.\26\
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    \25\ The Department is exercising its discretion under 19 CFR 
351.310(c) to alter the time limit for requesting a hearing.
    \26\ 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'').\27\ 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.\28\
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    \27\ ACCESS is available to registered users at https://access.trade.gov and available to all parties in the Central Records 
Unit, Room B8024 of the main Department of Commerce building.
    \28\ 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: February 1, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-02468 Filed 2-6-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                             9560                         Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Notices

                                             Office of the Executive Secretary,                      the PRC.1 On July 28, 2016, Yihua Tech                9403.20.0018, 9403.90.8041,
                                             Foreign-Trade Zones Board, Room                         requested that the Department initiate                7009.92.1000, or 7009.92.5000.
                                             21013, U.S. Department of Commerce,                     an expedited changed circumstances                    Although the HTSUS subheadings are
                                             1401 Constitution Avenue NW.,                           review (‘‘CCR’’) and determine that it is             provided for convenience and customs
                                             Washington, DC 20230–0002, and in the                   the successor-in-interest to Yihua                    purposes, the written product
                                             ‘‘Reading Room’’ section of the Board’s                 Timber for purposes of determining AD                 description in the Order remains
                                             Web site, which is accessible via                       liabilities.2 On September 9, 2016, the               dispositive.8
                                             www.trade.gov/ftz.                                      Department requested from Yihua Tech                  Initiation of Changed Circumstances
                                                For further information, contact                     additional information in order to                    Review
                                             Elizabeth Whiteman at                                   determine whether to initiate the
                                             Elizabeth.Whiteman@trade.gov or (202)                   requested CCR.3 On November 18, 2016,                    Pursuant to section 751(b)(1) of the
                                             482–0473.                                               Yihua Tech submitted an amendment to                  Tariff Act of 1930, as amended (‘‘the
                                                                                                     its CCR Request, which included the                   Act’’), and the Department’s regulations
                                               Dated: January 31, 2017.                                                                                    (19 CFR 351.216 and 351.221(c)(3)), the
                                                                                                     additional information requested by the
                                             Andrew McGilvray,                                                                                             Department will conduct a changed
                                                                                                     Department.4 Thus, the 45-day time
                                             Executive Secretary.                                    period for the Department to determine                circumstances review upon receipt of
                                             [FR Doc. 2017–02526 Filed 2–6–17; 8:45 am]              whether to initiate the requested                     information concerning, or a request
                                             BILLING CODE 3510–DS–P                                  changed circumstances review began on                 from an interested party for a review of,
                                                                                                     this date.5 On December 23, 2016, the                 an order which shows changed
                                                                                                     Department determined that additional                 circumstances sufficient to warrant a
                                             DEPARTMENT OF COMMERCE                                  time was necessary to consider Yihua                  review of the order. In the past, the
                                                                                                     Tech’s request for the changed                        Department has used CCRs to address
                                             International Trade Administration                                                                            the applicability of cash deposit rates
                                                                                                     circumstances reviews.6 Therefore, in
                                                                                                     accordance with 19 CFR 351.302(b), the                after there have been changes in the
                                             [A–570–890]                                             Department extended the time period                   name of a respondent, (‘‘successor-in-
                                                                                                     for determining whether to initiate the               interest’’ or ‘‘successorship’’
                                             Wooden Bedroom Furniture From the                       requested changed circumstances                       determinations). The information
                                             People’s Republic of China: Initiation                  reviews by an additional 30 days, until               submitted by Yihua Tech claiming that
                                             and Preliminary Results of                              February 1, 2017. The Department                      it is Yihua Timber’s successor-in-
                                             Antidumping Duty Changed                                received no comments on Yihua Tech’s                  interest relates to a name change.
                                             Circumstances Review                                    CCR Request.                                          Specifically, Yihua Tech reported that
                                                                                                                                                           effective May 17, 2016, the Guangdong
                                             AGENCY:  Enforcement and Compliance,                    Scope of the Order                                    Provincial Administration for Industry
                                             International Trade Administration,                                                                           and Commerce approved Yihua Tech’s
                                             Department of Commerce.                                   The product covered by the order is
                                                                                                     wooden bedroom furniture, subject to                  change of name from Guangdong Yihua
                                             SUMMARY:    The Department of Commerce                  certain exceptions.7 Imports of subject               Timber Industry Co., Ltd. to Yihua
                                             (‘‘the Department’’) is simultaneously                  merchandise are classified under the                  Lifestyle Technology Co., Ltd., and
                                             initiating, and issuing the preliminarily               Harmonized Tariff Schedule of the                     approved a minor modification to Yihua
                                             results of, a changed circumstances                     United States (‘‘HTSUS’’) subheadings:                Timber’s business scope.9 Consistent
                                             review of the antidumping duty (‘‘AD’’)                 9403.50.9042, 9403.50.9045,                           with Department practice, the
                                             order on wooden bedroom furniture                       9403.50.9041, 9403.60.8081,                           information submitted by Yihua Tech
                                             (‘‘WBF’’) from the People’s Republic of                                                                       demonstrates changed circumstances
                                             China (‘‘PRC’’). We preliminary                            1 See Notice of Amended Final Determination of     sufficient to warrant a review.10
                                             determine that Yihua Lifestyle                          Sales at Less Than Fair Value and Antidumping         Therefore, in accordance with section
                                             Technology Co., Ltd. (‘‘Yihua Tech’’) is                Duty Order: Wooden Bedroom Furniture from the
                                                                                                     People’s Republic of China, 70 FR 329 (January 4,
                                                                                                                                                           751(b)(1) of the Act and 19 CFR
                                             the successor-in-interest to Guangdong                  2005) (‘‘Order’’).                                    351.216(d), the Department is initiating
                                             Yihua Timber Industry Co., Ltd. (‘‘Yihua                   2 See Letter from Yihua Tech to the Secretary of   a changed circumstances review to
                                             Timber’’) for purposes of the AD order                  Commerce ‘‘Wooden Bedroom Furniture from the          determine whether Yihua Tech is the
                                             on WBF from the PRC and, as such, is                    People’s Republic of China (AD) and Multilayered      successor-in-interest to Yihua Timber.
                                                                                                     Wood Flooring from the People’s Republic of China
                                             entitled to Yihua Timber’s cash deposit                 (AD/CVD); Request for Changed Circumstances           Preliminary Results
                                             rate with respect to entries of subject                 Review,’’ dated July 28, 2016 (‘‘CCR Request’’).
                                             merchandise. Interested parties are                        3 See Letter from Howard Smith, Program              When it concludes that expedited
                                             invited to comment on this preliminary                  Manager, AD/CVD Operations, Office IV,                action is warranted, the Department
                                             determination.                                          Enforcement & Compliance to Yihua Tech dated          may publish the notice of initiation and
                                                                                                     September 9, 2016.
                                                                                                                                                           preliminary results of a CCR
                                             DATES:   Effective February 7, 2017.                       4 See Letter from Yihua Tech to the Secretary of
                                                                                                                                                           concurrently.11 The Department has
                                                                                                     Commerce ‘‘Wooden Bedroom Furniture from the
                                             FOR FURTHER INFORMATION CONTACT:                        People’s Republic of China (AD) and Multilayered
                                             Jonathan Hill, AD/CVD Operations,                       Wood Flooring from the People’s Republic of China       8 For a complete description of the Scope of the

                                             Office IV, Enforcement and Compliance,                  (AD/CVD); Amendment to Request for Changed            Order, please see memorandum from Gary
                                                                                                     Circumstances Review,’’ dated November 18, 2016       Taverman, Associate Deputy Assistant Secretary for
                                             International Trade Administration,                     (‘‘Amendment to CCR Request’’).                       Antidumping and Countervailing Duty Operations
                                             U.S. Department of Commerce, 1401                          5 See 19 CFR 351.216(b).                           to Ronald K. Lorentzen, Acting Assistant Secretary
                                             Constitution Avenue NW., Washington,                       6 See Letter from Abdelali Elouaradia, Office      for Enforcement and Compliance ‘‘Wooden
Lhorne on DSK30JT082PROD with NOTICES




                                             DC 20230; telephone: (202) 482–3518.                    Director, Office IV, AD/CVD Operations ‘‘Wooden       Bedroom Furniture from the People’s Republic of
                                                                                                     Bedroom Furniture from the People’s Republic of       China: Preliminary Decision Memorandum of
                                             SUPPLEMENTARY INFORMATION:                              China (Antidumping Duty Order) and Multilayered       Changed Circumstances Review,’’ dated
                                                                                                     Wood Flooring from the People’s Republic of China     concurrently with this notice (‘‘Preliminary
                                             Background                                              (Antidumping Duty and Countervailing Duty             Decision Memorandum’’).
                                                                                                                                                             9 See CCR Request at Attachment 1.
                                                                                                     Orders): Request for a Changed Circumstances
                                               On January 5, 2005, the Department                    Review,’’ dated December 23, 2016.                      10 See 19 CFR 351.216(d).
                                             published the AD order on WBF from                         7 See Order, 70 FR at 332–33.                        11 See 19 CFR 351.221(c)(3)(ii).




                                        VerDate Sep<11>2014   14:31 Feb 06, 2017   Jkt 241001   PO 00000   Frm 00002   Fmt 4703   Sfmt 4703   E:\FR\FM\07FEN1.SGM   07FEN1


                                                                           Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Notices                                                          9561

                                             combined the notice of initiation and                    the exception of the change to the                       the hearing will be limited to issues
                                             preliminary results in successor-in-                     general manager, which occurred prior                    raised in the briefs. If a request for a
                                             interest cases when sufficient                           to the name change, and was unrelated                    hearing is made, parties will be notified
                                             documentation has been provided                          to the name change.18 Further, Yihua                     of the time and date for the hearing to
                                             supporting the request to make a                         has not added, or discontinued use of,                   be held at the U.S. Department of
                                             preliminary determination.12 In this                     wooden bedroom furniture production                      Commerce, 1401 Constitution Avenue
                                             instance, because the record contains                    facilities as a result of the change in                  NW., Washington, DC 20230 in a room
                                             information necessary to support the                     name.19 Finally, there have been non-                    to be determined.26
                                             request for a preliminary determination,                 material changes to the company’s                           All submissions, with limited
                                             we find that expedited action is                         suppliers,20 and no changes to the                       exceptions, must be filed electronically
                                             warranted, and we are combining the                      company’s customer base.21 Based on                      using Enforcement and Compliance’s
                                             notice of initiation and the notice of                   the foregoing, which is explained in                     Antidumping and Countervailing Duty
                                             preliminary results, in accordance with                  greater detail in the Preliminary                        Centralized Electronic Service System
                                             19 CFR 351.221(c)(3)(ii).                                Decision Memorandum, we                                  (‘‘ACCESS’’).27 An electronically filed
                                                In a CCR, we generally consider a                     preliminarily determine that Yihua                       document must be received successfully
                                             company to be the successor to another                   Tech is the successor-in-interest to                     in its entirety by 5 p.m. Eastern Time
                                             company for AD cash deposit purposes                     Yihua Timber and, as such, that it is                    (‘‘ET’’) on the due date. Documents
                                             if the operations of the successor are not               entitled to Yihua Timber’s AD cash                       excepted from the electronic submission
                                             materially dissimilar from those of its                  deposit rate with respect to entries of                  requirements must be filed manually
                                             predecessor.13 In making this                            subject merchandise. Should our final                    (i.e., in paper form) with the APO/
                                             determination, the Department                            results remain the same as these                         Dockets Unit in Room 18022 and
                                             examines a number of factors including,                  preliminary results, we will instruct                    stamped with the date and time of
                                             but not limited to, changes in: (1)                      U.S. Customs and Border Protection to                    receipt by 5 p.m. ET on the due date.28
                                             Management; (2) production facilities;                   assign entries of subject merchandise                       Unless extended, consistent with 19
                                             (3) suppliers; and (4) customer base.14                  exported by Yihua Tech the AD cash-                      CFR 351.216(e), we intend to issue the
                                             While no one or several of these factors                 deposit rate applicable to Yihua Timber,                 final results of this changed-
                                             will necessarily provide a dispositive                   effective the date of publication of the                 circumstances review no later than 270
                                             indication of succession, the                            final results.                                           days after the date on which this review
                                             Department will generally consider one                                                                            was initiated or within 45 days if all
                                             company to be the successor to another                   Public Comment
                                                                                                                                                               parties agree to the outcome of the
                                             company if its resulting operation is                       Interested parties may submit case                    review. We intend to issue and publish
                                             essentially the same as that of its                      briefs not later than 14 days after the                  this initiation and preliminary results
                                             predecessor.15 Thus, if the evidence                     date of publication of this notice.22                    notice in accordance with sections
                                             demonstrates that, with respect to the                   Rebuttal briefs, which must be limited                   751(b)(1) and 777(i)(1) of the Act and 19
                                             production and sale of the subject                       to issues raised in such briefs, may be                  CFR 351.216 and 351.221(c)(3) of the
                                             merchandise, the new company                             filed not later than seven days after the                Department’s regulations.
                                             operates as the same business entity as                  date of publication of this notice.23
                                                                                                                                                                 Dated: February 1, 2017.
                                             the prior company, the Department will                   Parties who submit case briefs or
                                                                                                                                                               Ronald K. Lorentzen,
                                             assign the new company the cash                          rebuttal briefs in this changed
                                                                                                      circumstances review are requested to                    Acting Assistant Secretary for Enforcement
                                             deposit rate of its predecessor.16
                                                                                                                                                               and Compliance.
                                                In its CCR Request (and its                           submit with each argument: (1) A
                                             Amendment,) Yihua Tech provided                          statement of the issue; and (2) a brief                  [FR Doc. 2017–02468 Filed 2–6–17; 8:45 am]
                                             evidence demonstrating that its                          summary of the argument with an                          BILLING CODE 3510–DS–P

                                             operations are not materially dissimilar                 electronic version included.24
                                             from those of its predecessor.17                            Any interested party may request a
                                             Specifically, Yihua Tech is managed                      hearing within 14 days of publication of                 DEPARTMENT OF COMMERCE
                                             and operated by the same management                      this notice.25 Hearing requests should
                                                                                                                                                               International Trade Administration
                                             teams as those of Yihua Timber, with                     contain the following information: (1)
                                                                                                      The party’s name, address, and                           [A–570–970, C–570–971]
                                               12 See,  e.g., Initiation and Preliminary Results of   telephone number; (2) the number of
                                             Antidumping Duty Changed Circumstances Review:           participants; and (3) a list of the issues               Multilayered Wood Flooring From the
                                             Crystalline Silicon Photovoltaic Cells, Whether or       to be discussed. Oral presentations at                   People’s Republic of China: Initiation
                                             Not Assembled Into Modules, from the People’s                                                                     and Preliminary Results of
                                             Republic of China, 81 FR 76561 (November 3, 2016)
                                             (‘‘Solar Cells PRC 2016’’), unchanged in Crystalline        18 See CCR Request at Attachments 1 and 5 and         Antidumping and Countervailing Duty
                                             Silicon Photovoltaic Cells, Whether or Not               Amendment to CCR Request at Attachments 2 and            Changed Circumstances Reviews
                                             Assembled Into Modules, From the People’s                3.
                                             Republic of China: Final Results of Changed                 19 See CCR Request at 4 and Attachment 4 and          AGENCY:  Enforcement and Compliance,
                                             Circumstances Review, 81 FR 91909 (December 19,          Amendment to CCR Request at 2–4 and Attachment           International Trade Administration,
                                             2016).                                                   1.                                                       Department of Commerce.
                                                13 Id.                                                   20 See CCR Request at Attachment 9 and

                                                14 See Initiation and Preliminary Results of          Amendment to CCR Request at Attachment 4.                SUMMARY: The Department of Commerce
                                             Antidumping Duty Changed Circumstances Review:              21 See CCR Request at Attachment 10.                  (‘‘the Department’’) is simultaneously
                                             Multilayered Wood Flooring from the People’s                22 The Department is exercising its discretion

                                             Republic of China, 79 FR 48117, 48118 (August 15,        under 19 CFR 351.309(c)(1)(ii) to alter the time limit     26 See 19 CFR 351.310(d).
Lhorne on DSK30JT082PROD with NOTICES




                                             2014), unchanged in Multilayered Wood Flooring           for the filing of case briefs.                             27 ACCESS   is available to registered users at
                                             from the People’s Republic of China: Final Results          23 The Department is exercising its discretion
                                                                                                                                                               https://access.trade.gov and available to all parties
                                             of Changed Circumstances Review, 79 FR 58740             under 19 CFR 351.309(d)(I) to alter the time limit       in the Central Records Unit, Room B8024 of the
                                             (September 30, 2014).                                    for the filing of rebuttal briefs.                       main Department of Commerce building.
                                                15 Id.                                                   24 See 19 CFR 351.309(c)(2) and (d)(2).                 28 See Antidumping and Countervailing Duty
                                                16 See Solar Cells PRC 2016 at 76562.                    25 The Department is exercising its discretion        Proceedings: Electronic Filing Procedures:
                                                17 See generally CCR Request and Amendment to         under 19 CFR 351.310(c) to alter the time limit for      Administrative Protective Order Procedures, 76 FR
                                             CCR Request.                                             requesting a hearing.                                    39263 (July 6, 2011).



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Document Created: 2017-02-07 00:27:24
Document Modified: 2017-02-07 00:27:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective February 7, 2017.
ContactJonathan Hill, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3518.
FR Citation82 FR 9560 

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