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, 33463-33465 [2016-12540]
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Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices
releasable transcript will be available for
download at www.bbg.gov promptly per
5 U.S.C. 552b(f).
Information regarding member votes
to close the meeting and expected
attendees can also be found on the
Agency’s public Web site.
CONTACT PERSON FOR MORE INFORMATION:
Persons interested in obtaining more
information should contact Oanh Tran
at (202) 203–4545.
Oanh Tran,
Director of Board Operations.
[FR Doc. 2016–12527 Filed 5–24–16; 11:15 am]
BILLING CODE 8610–01–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 1998]
Reorganization of Foreign-Trade Zone
191 Under Alternative Site Framework;
Palmdale, California
sradovich on DSK3TPTVN1PROD with NOTICES
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
Whereas, the Board adopted the
alternative site framework (ASF) (15
CFR Sec. 400.2(c)) as an option for the
establishment or reorganization of
zones;
Whereas, the City of Palmdale,
California, grantee of Foreign-Trade
Zone 191, submitted an application to
the Board (FTZ Docket B–74–2015,
docketed November 5, 2015) for
authority to reorganize under the ASF
with a service area of a portion of Los
Angeles County, California, as described
in the application, adjacent to the Los
Angeles/Long Beach U.S. Customs and
Border Protection port of entry, FTZ
191’s existing Sites 1 and 5 would be
categorized as magnet sites, existing Site
12 would be categorized as a usagedriven site, acreage would be reduced at
Site 1, and Sites 2 through 4 and 6
through 11 would be removed from the
zone;
Whereas, notice inviting public
comment was given in the Federal
Register (80 FR 69937–69938,
November 12, 2015) and the application
has been processed pursuant to the FTZ
Act and the Board’s regulations; and,
Whereas, the Board adopts the
findings and recommendation of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied;
Now, therefore, the Board hereby
orders:
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The application to reorganize FTZ 191
under the ASF is approved, subject to
the FTZ Act and the Board’s regulations,
including Section 400.13, to the Board’s
standard 2,000-acre activation limit for
the zone, to an ASF sunset provision for
magnet sites that would terminate
authority for Site 5 if not activated
within five years from the month of
approval, and to an ASF sunset
provision for usage-driven sites that
would terminate authority for Site 12 if
no foreign-status merchandise is
admitted for a bona fide customs
purpose within three years from the
month of approval.
Signed at Washington, DC, this 13th day of
May 2016.
Paul Piquado,
Assistant Secretary of Commerce for
Enforcement and Compliance, Alternate
Chairman, Foreign-Trade Zones Board.
Attest:
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2016–12534 Filed 5–25–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–4–2016]
Foreign-Trade Zone (FTZ) 196—Fort
Worth, Texas; Authorization of
Production Activity; General Electric
Transportation (Locomotives, Drill
Equipment, Off-Highway Vehicle
Wheels, Inverters and Brake Systems),
Fort Worth and Haslet, Texas
On January 20, 2016, General Electric
Transportation submitted a notification
of proposed production activity to the
Foreign-Trade Zones (FTZ) Board for its
facilities within Subzone 196B, in Fort
Worth and Haslet, Texas.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (81 FR 5704–5707,
February 3, 2016). The FTZ Board has
determined that no further review of the
activity is warranted at this time. The
production activity described in the
notification is authorized, subject to the
FTZ Act and the Board’s regulations,
including Section 400.14, and further
subject to a restriction requiring that
inputs classified under HTSUS
Subheadings 5603.94, 5607.50, 5909.00,
6305.20, 6307.90, 7019.19 and 7019.51
as well as HTSUS Headings 3208 and
3209 be admitted to the subzone in
privileged foreign status (19 CFR
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33463
146.41) or domestic status (19 CFR
146.43).
Dated: May 29, 2016.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2016–12538 Filed 5–25–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–979]
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
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Pursuant to section 751(b) of
the Tariff Act of 1930, as amended (‘‘the
Act’’), 19 CFR 351.216, and 19 CFR
351.221(c)(3), the Department of
Commerce (the ‘‘Department’’) is
initiating, and issuing the preliminary
results, of a changed circumstances
review of the antidumping duty (‘‘AD’’)
order on crystalline silicon photovoltaic
cells, whether or not assembled into
modules, (‘‘solar cells’’) from the
People’s Republic of China (‘‘PRC’’)
regarding whether Hangzhou Sunny
Energy Science and Technology Co.,
Ltd. (‘‘Hangzhou Sunny’’) is the
successor-in-interest to Hangzhou
Zhejiang University Sunny Energy
Science and Technology Co., Ltd.
(‘‘Hangzhou ZU Sunny’’). Based on the
information on the record, we
preliminarily determine that Hangzhou
Sunny is the successor-in-interest to
Hangzhou ZU Sunny and, as such, is
entitled to Hangzhou ZU Sunny’s AD
cash deposit rate with respect to entries
of subject merchandise. Interested
parties are invited to comment on these
preliminary results.
DATES: Effective May 26, 2016.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen, 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)
482–2769.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 7, 2012, the Department
published the antidumping order on
solar cells from the PRC in the Federal
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Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices
Register.1 On April 4, 2016, Hangzhou
Sunny requested that the Department
initiate an expedited changed
circumstances review to determine that
Hangzhou Sunny is the successor-ininterest to Hangzhou ZU Sunny for AD
purposes.2 On May 4, 2016, Hangzhou
Sunny responded to a supplemental
questionnaire issued by the Department
on April 29, 2016.3
Scope of the Order
The merchandise covered by the
Order is crystalline silicon photovoltaic
cells, whether or not assembled into
modules, subject to certain exceptions.4
For the full scope of the Order, see the
accompanying preliminary decision
memorandum.
Imports of the subject merchandise
are provided for under the following
subheadings of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’): 8501.61.0000, 8507.20.80,
8541.40.6020, 8541.40.6030, and
8501.31.8000. While HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the subject
merchandise is dispositive.
sradovich on DSK3TPTVN1PROD with NOTICES
Initiation of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Act and 19 CFR 351.216(d), the
Department will conduct a changed
circumstances review upon receipt of
information concerning, or a request
from an interested party for a review of,
an AD order which shows changed
circumstances sufficient to warrant a
review of the order. In the past, the
Department has used changed
circumstances reviews to address the
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 77 FR 73018
(December 7, 2012) (‘‘Order’’).
2 See Letter from Hangzhou Sunny to the
Department regarding, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules From the People’s Republic of China:
Request for Expedited Changed Circumstances
Review’’ (April 4, 2016) (‘‘CCR Request’’).
3 See Letter from Hangzhou Sunny to the
Department, regarding ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules From the People’s Republic of China:
Supplemental Response’’ (May 4, 2016)
(‘‘Supplemental Response’’).
4 For a complete description of the Scope of the
Order, see Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
‘‘Preliminary Results of Changed Circumstances
Review: Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China’’ (‘‘Preliminary Results
Memorandum’’), dated concurrently with, and
adopted by, this notice.
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18:47 May 25, 2016
Jkt 238001
applicability of cash deposit rates after
there have been changes in the name or
structure of a respondent, such as a
merger or spinoff (‘‘successor-ininterest,’’ or ‘‘successorship,’’
determinations). Thus, consistent with
Department practice, the information
submitted by Hangzhou Sunny, which
includes information regarding a name
change, demonstrates changed
circumstances sufficient to warrant a
review.5
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 Hangzhou Sunny is
the successor-in-interest to Hangzhou
ZU Sunny.
Preliminary Determination
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.6
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.7 In
this instance, because we have
determined that the information
necessary to support the request is on
the record, we find that expedited
action is warranted, and are combining
the notice of initiation and the notice of
preliminary results in accordance with
19 CFR 351.221(c)(3)(ii).
In determining whether one company
is the successor to another for purposes
of applying the AD 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.8
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.9 Thus, if the evidence
demonstrates that, with respect to the
5 See
19 CFR 351.216(d).
19 CFR 351.221(c)(3)(ii).
7 See, e.g., Notice of Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review: Certain Softwood Lumber
Products from Canada, 70 FR 50299 (August 26,
2005).
8 See, e.g., Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review:
Multilayered Wood Flooring From the People’s
Republic of China, 79 FR 48117, 48118 (August 15,
2014), unchanged in Multilayered Wood Flooring
From the People’s Republic of China: Final Results
of Changed Circumstances Review, 79 FR 58740
(September 30, 2014).
9 Id.
6 See
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Fmt 4703
Sfmt 4703
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.10
In its April 4, 2016 CCR Request and
its May 4, 2016 Supplemental Response,
Hangzhou Sunny provided evidence for
us to preliminarily determine that it is
the successor-in-interest to Hangzhou
ZU Sunny. Specifically, Hangzhou
Sunny demonstrated that it is
essentially the same as Hangzhou ZU
Sunny despite some changes to its
predecessor’s management, the
production facility, suppliers, or the
customer base following the name
change.11
According to the information
provided, although there were certain
changes to the board of directors and
management when comparing
Hangzhou Sunny to Hangzhou ZU
Sunny, Hangzhou Sunny is owned,
managed and operated by the same
principal owners as Hangzhou ZU
Sunny.12 Regarding its production of the
subject merchandise, Hangzhou Sunny
has stated that its production facility is
the same as that of Hangzhou ZU
Sunny.13 Hangzhou Sunny also
provided documentation showing that
there has been no material changes in
suppliers of inputs or services related to
the production, sale and distribution of
the subject merchandise 14 or in the U.S.
customer base.15 Based the foregoing,
which is explained in greater detail in
the Preliminary Results Memorandum,
we preliminarily determine that
Hangzhou Sunny is the successor-ininterest to Hangzhou ZU Sunny and, as
such, that it is entitled to Hangzhou ZU
Sunny’s AD cash-deposit rate with
respect to entries of subject
merchandise.
Should our final results remain the
same as these preliminary results,
effective the date of publication of the
final results, we will instruct U.S.
Customs and Border Protection to
suspend liquidation of entries of subject
merchandise exported by Hangzhou
10 See Notice of Final Results of Changed
Circumstances Review: Polychloroprene Rubber
from Japan, 69 FR 67890 (November 22, 2004)
citing, Brass Sheet and Strip from Canada: Notice
of Final Results of Antidumping Duty
Administrative Review, 57 FR 20460 (May 13,
1992); and, Certain Circular Welded Carbon Steel
Pipes and Tubes from Taiwan: Initiation of
Antidumping Duty Changed Circumstance Review,
70 FR 17063 (April 4, 2005).
11 See, generally, CCR Request and Supplemental
Response.
12 See Preliminary Results Memorandum at 3.
13 Id.
14 Id., at 3.
15 Id.
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Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices
Sunny at the AD cash-deposit rate
applicable to Hangzhou ZU Sunny.
sradovich on DSK3TPTVN1PROD with NOTICES
Public Comment
Interested parties may submit case
briefs not later than 14 days after the
date of publication of this notice.16
Rebuttal briefs, which must be limited
to issues raised in such briefs, may be
filed not later than seven days after the
due date for case briefs.17 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.
Any interested party may request a
hearing within 14 days of publication of
this notice.18 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.19
All submissions, with limited
exceptions, must be filed electronically
using Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’).20 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.21
Consistent with 19 CFR 351.216(e),
we will 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
16 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.
17 The Department is exercising its discretion
under 19 CFR 351.309(d)(1) to alter the time limit
for the filing of rebuttal briefs.
18 The Department is exercising its discretion
under 19 CFR 351.310(c) to alter the time limit for
requesting a hearing.
19 See 19 CFR 351.310(d).
20 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.
21 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
VerDate Sep<11>2014
18:47 May 25, 2016
Jkt 238001
days if all parties agree to the outcome
of the review.
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: May 20, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–12540 Filed 5–25–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Notice
of Court Decisions Not in Harmony
With Final Results of Administrative
Review and Notice of Amended Final
Results of Antidumping Duty
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 30, 2016, the
United States Court of International
Trade (‘‘the Court’’) issued final
judgments in Catfish Farmers of
America et al. v. United States, Consol.
Court No. 12–00087, sustaining the
Department of Commerce’s (‘‘the
Department’’) AR7 Remand final
results.1 In the AR7 Remand, the
Department recalculated the weightedaverage dumping margin for QVD Food
Co. Ltd. (‘‘QVD’’) and Vinh Hoan
Corporation (‘‘Vinh Hoan’’) using
revised surrogate values for by-products
(fish waste, fresh broken meat, and
frozen broken fillets by-products, and
capping the fish oil by-product
surrogate value).2 Because QVD’s
margin changed, it also becomes the
margin for those companies not
individually examined but receiving a
separate rate.3
AGENCY:
1 See
Final Results Of Redetermination Pursuant
To Court Remand, Consol. Court No. 12–00087, Slip
Op. 14–146 (CIT December 18, 2014), dated June 26,
2015, (‘‘AR7 Remand’’) available at https://
enforcement.trade.gov/remands/14-146.pdf.
2 See AR7 Remand at 25–29. The weightedaverage margin for Vinh Hoan remains de minimis.
However, as explained in the ‘‘Background’’
section, the Department’s recalculation of these
surrogate values now yields a different weightedaverage dumping margin for QVD. Thus, consistent
with our practice, the Department has amended the
final results with respect to QVD.
3 These companies include: (1) Anvifish Joint
Stock Company; (2) Asia Commerce Fisheries Joint
Stock Company; (3) Bien Dong Seafood; (4) Binh An
Seafood Joint Stock Company; (5) CASEAMEX; (6)
PO 00000
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Fmt 4703
Sfmt 4703
33465
Consistent with the decision of the
United States Court of Appeals for the
Federal Circuit (‘‘CAFC’’) in Timken Co.
v. United States, 893 F.2d 337 (Fed. Cir.
1990) (‘‘Timken’’), as clarified by
Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir.
2010) (‘‘Diamond Sawblades’’), the
Department is notifying the public that
the final judgment in these cases is not
in harmony with the Department’s final
results of the antidumping duty
administrative review of the
antidumping duty order on certain
frozen fish fillets from the Socialist
Republic of Vietnam (‘‘Vietnam’’)
covering the period of review (‘‘POR’’)
August 1, 2009, through July 31, 2010.
Thus, the Department is amending the
final results with respect to the
weighted-average dumping margins for
QVD and the Separate-Rate Applicants.4
DATES: Effective April 11, 2016.
FOR FURTHER INFORMATION CONTACT:
Javier Barrientos, AD/CVD Operations
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–2243.
SUPPLEMENTARY INFORMATION:
Background
On March 14, 2012, the Department
issued AR7 Final Results.5 Vinh Hoan
and Petitioners 6 timely filed complaints
with the Court and challenged certain
aspects of the AR7 Final Results. On
December 18, 2014, the Court remanded
the Department’s AR7 Final Results and
instructed the Department to reconsider
each of the following issues: (1) The
significance of presumed qualifiable
differences between farm-gate and
wholesale prices with respect to whole
live fish; (2) the reliability of the
Bangladeshi Department of Agricultural
Marketing (‘‘DAM’’) data with respect to
whole live fish; (3) the fact that there are
no quantities associated with the DAM
data; (4) surrogate country selection in
East Sea Seafoods Limited Liability Company; (7)
Hiep Thanh Seafood Joint Stock Company; (8)
Southern Fisheries Industries Company Ltd.; and
(9) Vinh Quang Fisheries Joint-Stock Company
(collectively, ‘‘Separate-Rate Applicants’’).
4 See Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Final Results and
Partial Rescission of the Seventh Antidumping Duty
Administrative Review, 77 FR 15039 (March 14,
2012) (‘‘AR7 Final Results’’) and accompanying
Issues and Decision Memorandum.
5 Id.
6 Catfish Farmers of America and the following
individual U.S. catfish processors: America’s Catch,
Consolidated Catfish Companies, LLC dba Country
Select Catfish, Delta Pride Catfish, Inc., Harvest
Select Catfish, Inc., Heartland Catfish Company,
Pride of the Pond, and Simmons Farm Raised
Catfish, Inc. (collectively, ‘‘Petitioners’’).
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]]>Agencies
[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Notices]
[Pages 33463-33465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12540]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979]
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
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Pursuant to section 751(b) of the Tariff Act of 1930, as
amended (``the Act''), 19 CFR 351.216, and 19 CFR 351.221(c)(3), the
Department of Commerce (the ``Department'') is initiating, and issuing
the preliminary results, of a changed circumstances review of the
antidumping duty (``AD'') order on crystalline silicon photovoltaic
cells, whether or not assembled into modules, (``solar cells'') from
the People's Republic of China (``PRC'') regarding whether Hangzhou
Sunny Energy Science and Technology Co., Ltd. (``Hangzhou Sunny'') is
the successor-in-interest to Hangzhou Zhejiang University Sunny Energy
Science and Technology Co., Ltd. (``Hangzhou ZU Sunny''). Based on the
information on the record, we preliminarily determine that Hangzhou
Sunny is the successor-in-interest to Hangzhou ZU Sunny and, as such,
is entitled to Hangzhou ZU Sunny's AD cash deposit rate with respect to
entries of subject merchandise. Interested parties are invited to
comment on these preliminary results.
DATES: Effective May 26, 2016.
FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, 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-
2769.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2012, the Department published the antidumping order
on solar cells from the PRC in the Federal
[[Page 33464]]
Register.\1\ On April 4, 2016, Hangzhou Sunny requested that the
Department initiate an expedited changed circumstances review to
determine that Hangzhou Sunny is the successor-in-interest to Hangzhou
ZU Sunny for AD purposes.\2\ On May 4, 2016, Hangzhou Sunny responded
to a supplemental questionnaire issued by the Department on April 29,
2016.\3\
---------------------------------------------------------------------------
\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value, and
Antidumping Duty Order, 77 FR 73018 (December 7, 2012) (``Order'').
\2\ See Letter from Hangzhou Sunny to the Department regarding,
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules From the People's Republic of China: Request for
Expedited Changed Circumstances Review'' (April 4, 2016) (``CCR
Request'').
\3\ See Letter from Hangzhou Sunny to the Department, regarding
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules From the People's Republic of China: Supplemental
Response'' (May 4, 2016) (``Supplemental Response'').
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is crystalline silicon
photovoltaic cells, whether or not assembled into modules, subject to
certain exceptions.\4\ For the full scope of the Order, see the
accompanying preliminary decision memorandum.
---------------------------------------------------------------------------
\4\ For a complete description of the Scope of the Order, see
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, ``Preliminary
Results of Changed Circumstances Review: Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the
People's Republic of China'' (``Preliminary Results Memorandum''),
dated concurrently with, and adopted by, this notice.
---------------------------------------------------------------------------
Imports of the subject merchandise are provided for under the
following subheadings of the Harmonized Tariff Schedule of the United
States (``HTSUS''): 8501.61.0000, 8507.20.80, 8541.40.6020,
8541.40.6030, and 8501.31.8000. 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)(1) of the Act and 19 CFR 351.216(d), the
Department will conduct a changed circumstances review upon receipt of
information concerning, or a request from an interested party for a
review of, an AD order which shows changed circumstances sufficient to
warrant a review of the order. In the past, the Department has used
changed circumstances reviews 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 (``successor-in-interest,''
or ``successorship,'' determinations). Thus, consistent with Department
practice, the information submitted by Hangzhou Sunny, which includes
information regarding a name change, demonstrates changed circumstances
sufficient to warrant a review.\5\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------
Therefore, in accordance with section 751(b)(1) of the Act and 19
CFR 351.216(d), the Department is initiating a changed circumstances
review to determine whether Hangzhou Sunny is the successor-in-interest
to Hangzhou ZU Sunny.
Preliminary Determination
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.\6\ 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.\7\ In this instance, because we have determined
that the information necessary to support the request is on the record,
we find that expedited action is warranted, and 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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\6\ See 19 CFR 351.221(c)(3)(ii).
\7\ See, e.g., Notice of Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Certain Softwood
Lumber Products from Canada, 70 FR 50299 (August 26, 2005).
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In determining whether one company is the successor to another for
purposes of applying the AD 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.\8\ 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.\9\ 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.\10\
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\8\ See, e.g., Initiation and Preliminary Results of Antidumping
Duty Changed Circumstances Review: Multilayered Wood Flooring From
the People's Republic of China, 79 FR 48117, 48118 (August 15,
2014), unchanged in Multilayered Wood Flooring From the People's
Republic of China: Final Results of Changed Circumstances Review, 79
FR 58740 (September 30, 2014).
\9\ Id.
\10\ See Notice of Final Results of Changed Circumstances
Review: Polychloroprene Rubber from Japan, 69 FR 67890 (November 22,
2004) citing, Brass Sheet and Strip from Canada: Notice of Final
Results of Antidumping Duty Administrative Review, 57 FR 20460 (May
13, 1992); and, Certain Circular Welded Carbon Steel Pipes and Tubes
from Taiwan: Initiation of Antidumping Duty Changed Circumstance
Review, 70 FR 17063 (April 4, 2005).
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In its April 4, 2016 CCR Request and its May 4, 2016 Supplemental
Response, Hangzhou Sunny provided evidence for us to preliminarily
determine that it is the successor-in-interest to Hangzhou ZU Sunny.
Specifically, Hangzhou Sunny demonstrated that it is essentially the
same as Hangzhou ZU Sunny despite some changes to its predecessor's
management, the production facility, suppliers, or the customer base
following the name change.\11\
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\11\ See, generally, CCR Request and Supplemental Response.
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According to the information provided, although there were certain
changes to the board of directors and management when comparing
Hangzhou Sunny to Hangzhou ZU Sunny, Hangzhou Sunny is owned, managed
and operated by the same principal owners as Hangzhou ZU Sunny.\12\
Regarding its production of the subject merchandise, Hangzhou Sunny has
stated that its production facility is the same as that of Hangzhou ZU
Sunny.\13\ Hangzhou Sunny also provided documentation showing that
there has been no material changes in suppliers of inputs or services
related to the production, sale and distribution of the subject
merchandise \14\ or in the U.S. customer base.\15\ Based the foregoing,
which is explained in greater detail in the Preliminary Results
Memorandum, we preliminarily determine that Hangzhou Sunny is the
successor-in-interest to Hangzhou ZU Sunny and, as such, that it is
entitled to Hangzhou ZU Sunny's AD cash-deposit rate with respect to
entries of subject merchandise.
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\12\ See Preliminary Results Memorandum at 3.
\13\ Id.
\14\ Id., at 3.
\15\ Id.
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Should our final results remain the same as these preliminary
results, effective the date of publication of the final results, we
will instruct U.S. Customs and Border Protection to suspend liquidation
of entries of subject merchandise exported by Hangzhou
[[Page 33465]]
Sunny at the AD cash-deposit rate applicable to Hangzhou ZU Sunny.
Public Comment
Interested parties may submit case briefs not later than 14 days
after the date of publication of this notice.\16\ Rebuttal briefs,
which must be limited to issues raised in such briefs, may be filed not
later than seven days after the due date for case briefs.\17\ 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.
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\16\ 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.
\17\ The Department is exercising its discretion under 19 CFR
351.309(d)(1) to alter the time limit for the filing of rebuttal
briefs.
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Any interested party may request a hearing within 14 days of
publication of this notice.\18\ 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.\19\
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\18\ The Department is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
\19\ See 19 CFR 351.310(d).
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All submissions, with limited exceptions, must be filed
electronically using Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System
(``ACCESS'').\20\ 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.\21\
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\20\ 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.
\21\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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Consistent with 19 CFR 351.216(e), we will 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 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: May 20, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-12540 Filed 5-25-16; 8:45 am]
BILLING CODE 3510-DS-P
