Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Multilayered Wood Flooring From the People's Republic of China, 48117-48119 [2014-19412]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Notices
48117
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE—
Continued
[08/06/2014 through 08/11/2014]
Firm name
West Linn Paper ....................
Don Byram Art, LLC ...............
Wolf & Sons Designs Inc .......
Firm address
4800 Mill St, West Linn, OR
97068.
249 Pottery Factory Drive,
Commerce, GA 30529.
314 Main St, Smithville TX
78957.
Any party having a substantial
interest in these proceedings may
request a public hearing on the matter.
A written request for a hearing must be
submitted to the Trade Adjustment
Assistance for Firms Division, Room
71030, Economic Development
Administration, U.S. Department of
Commerce, Washington, DC 20230, no
later than ten (10) calendar days
following publication of this notice.
Please follow the requirements set
forth in EDA’s regulations at 13 CFR
315.9 for procedures to request a public
hearing. The Catalog of Federal
Domestic Assistance official number
and title for the program under which
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Dated: August 11, 2014.
Michael DeVillo,
Eligibility Examiner.
[FR Doc. 2014–19347 Filed 8–14–14; 8:45 am]
BILLING CODE 3510–WH–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–57–2014]
emcdonald on DSK67QTVN1PROD with NOTICES
Foreign-Trade Zone 106—Oklahoma
City, Oklahoma, Application for
Expansion (New Magnet Site) Under
Alternative Site Framework
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board
(the Board) by the Port Authority of
Greater Oklahoma City, grantee of
Foreign-Trade Zone 106, requesting
authority to expand its zone under the
alternative site framework (ASF)
adopted by the Board (15 CFR 400.2(c))
to include a new magnet site in
Shawnee, Oklahoma. The application
was submitted pursuant to the ForeignTrade Zones Act, as amended (19 U.S.C.
81a–81u) and the regulations of the
Board (15 CFR part 400). It was formally
docketed on August 12, 2014.
FTZ 106 was established by the Board
on September 13, 1984 (Board Order
271, 49 FR 36133, 9/21/84), and
VerDate Mar<15>2010
17:31 Aug 14, 2014
Date accepted
for investigation
Jkt 232001
Product(s)
8/8/2014
The firm manufactures coated free paper.
8/9/2014
The firm manufactures frames, framed art and pictures.
8/11/2014
The firm manufactures women’s clothing and sewn apparel.
expanded on December 7, 1989 (Board
Order 455, 54 FR 51441, 12/15/89), on
February 10, 2000 (Board Order 1078,
65 FR 8337–8338, 2/18/00), on
September 28, 2007 (Board Order 1529,
72 FR 56722–56723, 10/4/07), and on
June 26, 2009 (Board Order 1628, 74 FR
32892, 7/9/09). FTZ 106 was
reorganized and expanded under the
ASF on February 29, 2012 (Board Order
1816, 77 FR 15357, 3/15/12). The zone
currently has a service area that
includes Blaine, Caddo, Canadian,
Cleveland, Comanche, Custer, Garfield,
Garvin, Grady, Kay, Kingfisher, Lincoln,
Logan, McClain, Noble, Oklahoma,
Payne, Pontotoc, Pottawatomie,
Seminole and Stephens Counties,
Oklahoma.
The zone consists of the following
eight sites (five magnet and three usagedriven): Site 1 (1,091 acres)—located
within the Will Rogers World Airport
complex and at the Will Rogers World
Airport NE in Oklahoma City; Site 2 (6
acres, sunset 2/28/2015)—Biagi Bros.
Warehouse, 5002 SW 36th, Oklahoma
City; Site 12 (26 acres, sunset 2/28/
2017)—ICON Center Industrial Park,
300 Arlington, Ada; Site 13 (308 acres,
sunset 2/28/2017)—within the 401-acre
Guthrie/Edmond Regional Airport, 520
Airport Road, Guthrie; Site 14 (19 acres,
sunset 2/28/2015)—Industrial Gasket,
Inc. dba International Group, facility,
720 South Sara Road, Mustang; Site 15
(67.688 acres, sunset 2/28/2017)—
Cimarron Industrial Park at the Enid
Woodring Regional Airport, 1026 S.
66th, Enid; Site 16 (63.434 acres, sunset
2/28/2017)—Shawnee Regional Airport
industrial park, 2202 Airport Road,
Shawnee; and, Site 17 (59.33 acres,
sunset 8/31/2015)—VF Jeanswear
Limited Partnership, 1400 Wrangler
Boulevard, Seminole.
The applicant is now requesting
authority to expand its zone to include
an additional magnet site: Proposed Site
18 (400 acres)—The Iron Horse
Industrial Park, 43350 Hardesty Road,
Shawnee. The proposed new site is
adjacent to the Oklahoma City Customs
and Border Protection port of entry.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
In accordance with the Board’s
regulations, Camille Evans of the FTZ
Staff is designated examiner to evaluate
and analyze the facts and information
presented in the application and case
record and to report findings and
recommendations to the Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is
October 14, 2014. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
October 29, 2014.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
Web site, which is accessible via
www.trade.gov/ftz. For further
information, contact Camille Evans at
Camille.Evans@trade.gov or (202) 482–
2350.
Dated: August 12, 2014.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2014–19419 Filed 8–14–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970]
Initiation and Preliminary Results of
Antidumping Duty Changed
Circumstances Review: Multilayered
Wood Flooring From the People’s
Republic of China
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) preliminarily
determines that Linyi Youyou Wood
AGENCY:
E:\FR\FM\15AUN1.SGM
15AUN1
48118
Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Notices
Co., Ltd. (‘‘Youyou’’) is the successor-ininterest to Shanghai Lizhong Wood
Products Co., Ltd./The Lizhong Industry
Limited Company of Shanghai
(‘‘Lizhong’’) in the antidumping duty
order on multilayered wood flooring
from the People’s Republic of China
(‘‘PRC’’) and, as such, is entitled to
Lizhong’s cash deposit rate with respect
to entries of subject merchandise.
Interested parties are invited to
comment on this preliminary
determination.
DATES: Effective Date: August 15, 2014.
FOR FURTHER INFORMATION CONTACT:
Charles Riggle, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0650.
SUPPLEMENTARY INFORMATION:
Background
On June 20, 2014, Lizhong requested
that the Department initiate a changed
circumstances review to confirm that
Youyou is the successor-in-interest to
Lizhong for purposes of determining
antidumping duty liabilities.
4412.39.5030; 4412.39.5050;
4412.94.1030; 4412.94.1050;
4412.94.3105; 4412.94.3111;
4412.94.3121; 4412.94.3131;
4412.94.3141; 4412.94.3160;
4412.94.3171; 4412.94.4100;
4412.94.5100; 4412.94.6000;
4412.94.7000; 4412.94.8000;
4412.94.9000; 4412.94.9500;
4412.99.0600; 4412.99.1020;
4412.99.1030; 4412.99.1040;
4412.99.3110; 4412.99.3120;
4412.99.3130; 4412.99.3140;
4412.99.3150; 4412.99.3160;
4412.99.3170; 4412.99.4100;
4412.99.5100; 4412.99.5710;
4412.99.6000; 4412.99.7000;
4412.99.8000; 4412.99.9000;
4412.99.9500; 4418.71.2000;
4418.71.9000; 4418.72.2000;
4418.72.9500; and 9801.00.2500.2
While HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
subject merchandise is dispositive.
Initiation of Changed Circumstances
Review
emcdonald on DSK67QTVN1PROD with NOTICES
Scope of the Order
The merchandise covered by the order
includes MLWF, subject to certain
exceptions.1 Imports of the subject
merchandise are provided for under the
following subheadings of the HTSUS:
4412.31.0520; 4412.31.0540;
4412.31.0560; 4412.31.2510;
4412.31.2520; 4412.31.4040;
4412.31.4050; 4412.31.4060;
4412.31.4070; 4412.31.5125;
4412.31.5135; 4412.31.5155;
4412.31.5165; 4412.31.6000;
4412.31.9100; 4412.32.0520;
4412.32.0540; 4412.32.0560;
4412.32.2510; 4412.32.2520;
4412.32.3125; 4412.32.3135;
4412.32.3155; 4412.32.3165;
4412.32.3175; 4412.32.3185;
4412.32.5600; 4412.39.1000;
4412.39.3000; 4412.39.4011;
4412.39.4012; 4412.39.4019;
4412.39.4031; 4412.39.4032;
4412.39.4039; 4412.39.4051;
4412.39.4052; 4412.39.4059;
4412.39.4061; 4412.39.4062;
4412.39.4069; 4412.39.5010;
Pursuant to section 751(b) 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 antidumping duty order which
shows changed circumstances sufficient
to warrant a review of the order. The
information submitted by Lizhong
claiming that Youyou is its successor-ininterest demonstrates changed
circumstances sufficient to warrant a
review.3 When it concludes that
expedited action is warranted, the
Department may publish the notice of
initiation and preliminary results for a
changed circumstances review
concurrently.4 In this instance, because
we have on the record the information
necessary to make a preliminary
finding, we find that expedited action is
warranted, and are combining the notice
of initiation and the notice of
preliminary results.
In accordance with the abovereferenced regulations, the Department
is initiating a changed circumstances
review to determine whether Youyou is
1 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Enforcement & Compliance,
dated concurrently with this notice, regarding
‘‘Preliminary Changed Circumstances Review:
Multilayered Wood Flooring from the People’s
Republic of China,’’ issued concurrently with this
notice for a complete description of the Scope of
the Order.
2 On August 28, 2013, in consultation with CBP,
the Department added the following HTSUS
classification to the AD/CVD module for wood
flooring: 9801.00.2500. See Letter to the File from
Lilit Astvatsatrian, Case Analyst, Enforcement and
Compliance, Office IV, regarding ‘‘Multilayered
Wood Flooring from the PRC, Modification of the
Case Reference File in ACE,’’ (November 18, 2013).
3 See 19 CFR 351.216(d).
4 See 19 CFR 351.221(c)(3)(ii).
VerDate Mar<15>2010
17:31 Aug 14, 2014
Jkt 232001
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
the successor-in-interest to Lizhong. In
determining whether one company is
the successor to another for purposes of
applying the antidumping duty law, the
Department examines a number of
factors including, but not limited to,
changes in (1) management, (2)
production facilities, (3) suppliers, and
(4) customer base.5 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.6 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.7
Preliminary Determination
In its June 20, 2014 submission,
Lizhong provided documentation
demonstrating that Youyou is its
successor-in-interest in that no major
changes occurred with respect to
Lizhong’s management, production
process, customer base, or suppliers.8
According to the information
provided, Youyou is owned, managed
and operated by the same ownership
and management teams as Lizhong.9
Lizhong also provided documentation
that there had been no material change
in suppliers of inputs or services related
to the production, sale and distribution
of the subject merchandise.10 Youyou,
which had previously supplied
materials to Lizhong, has taken up the
production of the subject merchandise
and continued to utilize its other
suppliers.11
Regarding its production of the
subject merchandise, Lizhong stated
that the production capacity, process
and equipment of Youyou are identical
5 See, e.g., Notice of Preliminary Results of
Antidumping Duty Changed Circumstances Review:
Polychloroprene Rubber From Japan, 69 FR 61796,
61797 (October 21, 2004).
6 Id.
7 See Notice of Final Results of Changed
Circumstances Review: Polychloroprene Rubber
from Japan, 69 FR 67890 (November 22, 2004);
Certain Circular Welded Carbon Steel Pipes and
Tubes from Taiwan: Initiation of Antidumping Duty
Changed Circumstance Review, 70 FR 17063 (April
4, 2005).
8 See June 20, 2014 letter from Lizhong re:
Multilayered Wood Flooring from the People’s
Republic of China: Request for Changed
Circumstances Review (‘‘Lizhong CCR Request’’).
9 See Lizhong CCR Request at page 4 and
attachment 1.
10 See Lizhong CCR Request at page 5 and
attachment 4.
11 See id.
E:\FR\FM\15AUN1.SGM
15AUN1
Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Notices
to that of Lizhong.12 Due to the PRC
Government-directed ‘‘Removal and
Relocation’’ project, Lizhong was
obligated to physically transfer
operations away from its production
location to Youyou’s facility.13
Finally, Lizhong has indicated that
there has been no change with its U.S.
customer base or its sale of the subject
merchandise.14 Since Lizhong was
required to move physical facilities,
Youyou stated that it will continue to
sell to all of these U.S. customers the
same subject merchandise using its own
taxpayer ID number.15
On August 1, 2014, the Coalition for
American Hardwood Parity, petitioner
in the underlying investigation,
submitted a letter stating that it does not
object to Lizhong’s request that the
Department grant Youyou successor-ininterest status. As a result, because all
parties to the proceeding agree to the
outcome of the review, the Department
concluded that expedited action is
warranted in this review.16 With the
information provided, we preliminarily
find Youyou as the successor-in-interest
to Lizhong and, as such, that it is
entitled to Lizhong’s 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 Youyou the
antidumping duty cash-deposit rate
applicable to Lizhong effective the date
of publication of the final results.
Public Comment
emcdonald on DSK67QTVN1PROD with NOTICES
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 14 days of publication of this
notice.17 Parties will be notified of the
time and date of any hearing, if
requested. Interested parties may submit
case briefs and/or written comments not
later than 14 days after the date of
publication of this notice. Rebuttal
briefs and rebuttals to written
comments, which must be limited to
issues raised in such briefs or
comments, may be filed not later than
21 days after the date of publication of
this notice. Parties who submit case
briefs or rebuttal briefs in this changed
12 See Lizhong CCR Request at page 5 and
attachment 3.
13 See Lizhong CCR Request at page 5 and
attachment 3.
14 See Lizhong CCR Request at page 6 and
attachments 5 and 6.
15 See Lizhong CCR Request at page 5 and
attachment 3.
16 See 19 CFR 351.216(e) and 351.221(c)(3)(ii).
17 See 19 CFR 351.303 for general filing
requirements.
VerDate Mar<15>2010
17:31 Aug 14, 2014
Jkt 232001
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. 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 of
publication of these preliminary results
if all parties agree to our preliminary
finding.
We are issuing and publishing this
initiation and preliminary results notice
in accordance with sections 751(b)(1)
and 777(i)(1) of the Act and 19 CFR
351.216 and 351.221(c)(3).
Dated: August 8, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–19412 Filed 8–14–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–405–803]
Purified Carboxymethylcellulose From
Finland; Preliminary Results of
Antidumping Duty Administrative
Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
Ashland Specialty Ingredients, a
division of Hercules Inc., (Petitioner),
the Department of Commerce (the
Department) is conducting an
administrative review of the
antidumping duty order on purified
carboxymethylcellulose (CMC) from
Finland. The period of review (POR) is
July 1, 2012, through June 30, 2013. The
review covers one respondent, CP Kelco
Oy (CP Kelco). We preliminarily find
that sales of the subject merchandise by
CP Kelco have not been made at prices
below normal value (NV) during the
POR. We invite interested parties to
comment on these preliminary results.
DATES: Effective Date: August 15, 2014.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney or Steve Bezirganian,
AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4475 or (202) 482–1131,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
48119
Scope of the Order
The merchandise covered by the order
is all purified carboxymethylcellulose
(CMC), sometimes also referred to as
purified sodium CMC, polyanionic
cellulose, or cellulose gum, which is a
white to off-white, non-toxic, odorless,
biodegradable powder, comprising
sodium CMC that has been refined and
purified to a minimum assay of 90
percent. The merchandise subject to the
order is classified in the Harmonized
Tariff Schedule of the United States at
subheading 3912.31.00. For a full
description of the scope of the order, see
the memorandum from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant
Secretary for Enforcement &
Compliance, ‘‘Decision Memorandum
for Preliminary Results of Antidumping
Duty Administrative Review: Purified
Carboxymethylcellulose from Finland’’
(Preliminary Decision Memorandum),
which is dated concurrently with this
notice, and is hereby incorporated by
reference.1
Methodology
The Department has conducted this
review in accordance with section
751(a)(2) of the Tariff Act of 1930, as
amended (the Act). Export price (EP)
and constructed export price (CEP) are
calculated in accordance with section
772 of the Act. NV is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see Preliminary Decision
Memorandum. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(IA ACCESS). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov and is available to all
parties in the Central Records Unit,
room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
www.enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine the following
1 A list of the topics discussed in the Preliminary
Decision Memorandum appears in Appendix I of
this notice.
E:\FR\FM\15AUN1.SGM
15AUN1
]]>Agencies
[Federal Register Volume 79, Number 158 (Friday, August 15, 2014)]
[Notices]
[Pages 48117-48119]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19412]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-970]
Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review: Multilayered Wood Flooring From the People's
Republic of China
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') preliminarily
determines that Linyi Youyou Wood
[[Page 48118]]
Co., Ltd. (``Youyou'') is the successor-in-interest to Shanghai Lizhong
Wood Products Co., Ltd./The Lizhong Industry Limited Company of
Shanghai (``Lizhong'') in the antidumping duty order on multilayered
wood flooring from the People's Republic of China (``PRC'') and, as
such, is entitled to Lizhong's cash deposit rate with respect to
entries of subject merchandise. Interested parties are invited to
comment on this preliminary determination.
DATES: Effective Date: August 15, 2014.
FOR FURTHER INFORMATION CONTACT: Charles Riggle, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0650.
SUPPLEMENTARY INFORMATION:
Background
On June 20, 2014, Lizhong requested that the Department initiate a
changed circumstances review to confirm that Youyou is the successor-
in-interest to Lizhong for purposes of determining antidumping duty
liabilities.
Scope of the Order
The merchandise covered by the order includes MLWF, subject to
certain exceptions.\1\ Imports of the subject merchandise are provided
for under the following subheadings of the HTSUS: 4412.31.0520;
4412.31.0540; 4412.31.0560; 4412.31.2510; 4412.31.2520; 4412.31.4040;
4412.31.4050; 4412.31.4060; 4412.31.4070; 4412.31.5125; 4412.31.5135;
4412.31.5155; 4412.31.5165; 4412.31.6000; 4412.31.9100; 4412.32.0520;
4412.32.0540; 4412.32.0560; 4412.32.2510; 4412.32.2520; 4412.32.3125;
4412.32.3135; 4412.32.3155; 4412.32.3165; 4412.32.3175; 4412.32.3185;
4412.32.5600; 4412.39.1000; 4412.39.3000; 4412.39.4011; 4412.39.4012;
4412.39.4019; 4412.39.4031; 4412.39.4032; 4412.39.4039; 4412.39.4051;
4412.39.4052; 4412.39.4059; 4412.39.4061; 4412.39.4062; 4412.39.4069;
4412.39.5010; 4412.39.5030; 4412.39.5050; 4412.94.1030; 4412.94.1050;
4412.94.3105; 4412.94.3111; 4412.94.3121; 4412.94.3131; 4412.94.3141;
4412.94.3160; 4412.94.3171; 4412.94.4100; 4412.94.5100; 4412.94.6000;
4412.94.7000; 4412.94.8000; 4412.94.9000; 4412.94.9500; 4412.99.0600;
4412.99.1020; 4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120;
4412.99.3130; 4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170;
4412.99.4100; 4412.99.5100; 4412.99.5710; 4412.99.6000; 4412.99.7000;
4412.99.8000; 4412.99.9000; 4412.99.9500; 4418.71.2000; 4418.71.9000;
4418.72.2000; 4418.72.9500; and 9801.00.2500.\2\
---------------------------------------------------------------------------
\1\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for Enforcement & Compliance, dated
concurrently with this notice, regarding ``Preliminary Changed
Circumstances Review: Multilayered Wood Flooring from the People's
Republic of China,'' issued concurrently with this notice for a
complete description of the Scope of the Order.
\2\ On August 28, 2013, in consultation with CBP, the Department
added the following HTSUS classification to the AD/CVD module for
wood flooring: 9801.00.2500. See Letter to the File from Lilit
Astvatsatrian, Case Analyst, Enforcement and Compliance, Office IV,
regarding ``Multilayered Wood Flooring from the PRC, Modification of
the Case Reference File in ACE,'' (November 18, 2013).
---------------------------------------------------------------------------
While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the subject merchandise is
dispositive.
Initiation of Changed Circumstances Review
Pursuant to section 751(b) 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 antidumping duty order which shows
changed circumstances sufficient to warrant a review of the order. The
information submitted by Lizhong claiming that Youyou is its successor-
in-interest demonstrates changed circumstances sufficient to warrant a
review.\3\ When it concludes that expedited action is warranted, the
Department may publish the notice of initiation and preliminary results
for a changed circumstances review concurrently.\4\ In this instance,
because we have on the record the information necessary to make a
preliminary finding, we find that expedited action is warranted, and
are combining the notice of initiation and the notice of preliminary
results.
---------------------------------------------------------------------------
\3\ See 19 CFR 351.216(d).
\4\ See 19 CFR 351.221(c)(3)(ii).
---------------------------------------------------------------------------
In accordance with the above-referenced regulations, the Department
is initiating a changed circumstances review to determine whether
Youyou is the successor-in-interest to Lizhong. In determining whether
one company is the successor to another for purposes of applying the
antidumping duty law, the Department examines a number of factors
including, but not limited to, changes in (1) management, (2)
production facilities, (3) suppliers, and (4) customer base.\5\ 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.\6\ 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.\7\
---------------------------------------------------------------------------
\5\ See, e.g., Notice of Preliminary Results of Antidumping Duty
Changed Circumstances Review: Polychloroprene Rubber From Japan, 69
FR 61796, 61797 (October 21, 2004).
\6\ Id.
\7\ See Notice of Final Results of Changed Circumstances Review:
Polychloroprene Rubber from Japan, 69 FR 67890 (November 22, 2004);
Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan:
Initiation of Antidumping Duty Changed Circumstance Review, 70 FR
17063 (April 4, 2005).
---------------------------------------------------------------------------
Preliminary Determination
In its June 20, 2014 submission, Lizhong provided documentation
demonstrating that Youyou is its successor-in-interest in that no major
changes occurred with respect to Lizhong's management, production
process, customer base, or suppliers.\8\
---------------------------------------------------------------------------
\8\ See June 20, 2014 letter from Lizhong re: Multilayered Wood
Flooring from the People's Republic of China: Request for Changed
Circumstances Review (``Lizhong CCR Request'').
---------------------------------------------------------------------------
According to the information provided, Youyou is owned, managed and
operated by the same ownership and management teams as Lizhong.\9\
Lizhong also provided documentation that there had been no material
change in suppliers of inputs or services related to the production,
sale and distribution of the subject merchandise.\10\ Youyou, which had
previously supplied materials to Lizhong, has taken up the production
of the subject merchandise and continued to utilize its other
suppliers.\11\
---------------------------------------------------------------------------
\9\ See Lizhong CCR Request at page 4 and attachment 1.
\10\ See Lizhong CCR Request at page 5 and attachment 4.
\11\ See id.
---------------------------------------------------------------------------
Regarding its production of the subject merchandise, Lizhong stated
that the production capacity, process and equipment of Youyou are
identical
[[Page 48119]]
to that of Lizhong.\12\ Due to the PRC Government-directed ``Removal
and Relocation'' project, Lizhong was obligated to physically transfer
operations away from its production location to Youyou's facility.\13\
---------------------------------------------------------------------------
\12\ See Lizhong CCR Request at page 5 and attachment 3.
\13\ See Lizhong CCR Request at page 5 and attachment 3.
---------------------------------------------------------------------------
Finally, Lizhong has indicated that there has been no change with
its U.S. customer base or its sale of the subject merchandise.\14\
Since Lizhong was required to move physical facilities, Youyou stated
that it will continue to sell to all of these U.S. customers the same
subject merchandise using its own taxpayer ID number.\15\
---------------------------------------------------------------------------
\14\ See Lizhong CCR Request at page 6 and attachments 5 and 6.
\15\ See Lizhong CCR Request at page 5 and attachment 3.
---------------------------------------------------------------------------
On August 1, 2014, the Coalition for American Hardwood Parity,
petitioner in the underlying investigation, submitted a letter stating
that it does not object to Lizhong's request that the Department grant
Youyou successor-in-interest status. As a result, because all parties
to the proceeding agree to the outcome of the review, the Department
concluded that expedited action is warranted in this review.\16\ With
the information provided, we preliminarily find Youyou as the
successor-in-interest to Lizhong and, as such, that it is entitled to
Lizhong's cash-deposit rate with respect to entries of subject
merchandise.
---------------------------------------------------------------------------
\16\ See 19 CFR 351.216(e) and 351.221(c)(3)(ii).
---------------------------------------------------------------------------
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 Youyou the antidumping duty
cash-deposit rate applicable to Lizhong effective the date of
publication of the final results.
Public Comment
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 14 days of publication of this notice.\17\ Parties will
be notified of the time and date of any hearing, if requested.
Interested parties may submit case briefs and/or written comments not
later than 14 days after the date of publication of this notice.
Rebuttal briefs and rebuttals to written comments, which must be
limited to issues raised in such briefs or comments, may be filed not
later than 21 days after the date of publication of this notice.
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. 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 of publication of these preliminary results
if all parties agree to our preliminary finding.
---------------------------------------------------------------------------
\17\ See 19 CFR 351.303 for general filing requirements.
---------------------------------------------------------------------------
We are issuing and publishing this initiation and preliminary
results notice in accordance with sections 751(b)(1) and 777(i)(1) of
the Act and 19 CFR 351.216 and 351.221(c)(3).
Dated: August 8, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-19412 Filed 8-14-14; 8:45 am]
BILLING CODE 3510-DS-P
