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]

Download as PDF 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: VerDate Sep<11>2014 18:47 May 25, 2016 Jkt 238001 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 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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 E:\FR\FM\26MYN1.SGM 26MYN1 33464 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. VerDate Sep<11>2014 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 PO 00000 Frm 00006 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. E:\FR\FM\26MYN1.SGM 26MYN1 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 http:// 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 Frm 00007 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’’). E:\FR\FM\26MYN1.SGM 26MYN1

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'').
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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.
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    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \11\ See, generally, CCR Request and Supplemental Response.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \12\ See Preliminary Results Memorandum at 3.
    \13\ Id.
    \14\ Id., at 3.
    \15\ Id.
---------------------------------------------------------------------------

    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