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, 76561-76563 [2016-26600]
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Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices
sufficient indication that CTP is not
subject to either de jure or de facto
government control with respect to its
exports of subject merchandise.
On February 24, 2016, the President
signed into law the Trade Facilitation
and Trade Enforcement Act of 2015,
H.R. 644, which made several
amendments to section 751(a)(2)(B) of
the Act. We will conduct this NSR in
accordance with section 751(a)(2)(B) of
the Act, as amended by the Trade
Facilitation and Trade Enforcement Act
of 2015.16
Interested parties requiring access to
proprietary information in this NSR
should submit applications for
disclosure under administrative
protective order, in accordance with 19
CFR 351.305 and 19 CFR 351.306.
This initiation and notice are in
accordance with section 751(a)(2)(B) of
the Act, 19 CFR 351.214, and 19 CFR
351.221(c)(1)(i).
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2016–26587 Filed 11–2–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
U.S. Department of Commerce Trade
Finance Advisory Council
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an Open Meeting.
AGENCY:
The U.S. Department of
Commerce Trade Finance Advisory
Council (TFAC) will hold its inaugural
meeting on Friday, November 18, 2016,
at the U.S. Department of Commerce
Library, in Washington, DC. The
meeting is open to the public with
registration instructions provided
below.
The TFAC was chartered on August
11, 2016, to advise the Secretary in
identifying effective ways to help
expand access to finance for U.S.
exporters, especially small and mediumsized enterprises, and their foreign
buyers. At the meeting, members will be
sworn-in and will begin a discussion of
the work they will undertake during
their term. They will also be briefed by
officials from the Department of
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
16 Notably, the Trade Facilitation and Trade
Enforcement Act of 2015 removed from section
751(a)(2)(B) of the Act the provision directing the
Department to instruct CBP to allow an importer the
option of posting a bond or security in lieu of a cash
deposit during the pendency of an NSR.
VerDate Sep<11>2014
17:54 Nov 02, 2016
Jkt 241001
Commerce and other agencies on major
issues impacting this area. The final
agenda will be posted on the
Department of Commerce Web site for
the Council at https://trade.gov/tfac/, at
least one week in advance of the
meeting.
DATES: Friday, November 18, 2016, from
approximately 9:00 a.m. to 12:00 p.m.
Eastern Standard Time (EST).
FOR FURTHER INFORMATION CONTACT:
Ericka Ukrow, Designated Federal
Officer, Office of Finance and Insurance
Industries (OFII), International Trade
Administration, U.S. Department of
Commerce at (202) 482–0405; email:
Ericka.Ukrow@trade.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 25, 2016, the Secretary of
Commerce established the TFAC
pursuant to discretionary authority and
in accordance with the Federal
Advisory Committee Act, as amended, 5
U.S.C. App. The TFAC advises the
Secretary of Commerce in identifying
effective ways to help expand access to
finance for U.S. exporters, especially
small- and medium-sized enterprises
(SMEs) and their foreign buyers. The
TFAC also provides a forum to facilitate
the discussion between a diverse group
of stakeholders such as banks, non-bank
financial institutions, other trade
finance related organizations, and
exporters, to gain a better understanding
regarding current challenges facing U.S.
exporters in accessing capital.
On November 18, 2016, the TFAC will
hold its inaugural meeting. Members
will be sworn-in, discuss the Council’s
operational structure, major challenges
impacting the provision of trade finance
as well as prospects to foster greater
access to private sector financing for
U.S. exporters, and key priorities to
focus on during their term. Members
will also hear from officials from the
Department of Commerce and other
agencies on the resources available to
support our exporters in the trade
finance area. The agenda may change to
accommodate TFAC requirements. The
final agenda will be posted on the
Department of Commerce Web site for
the Council https://trade.gov/tfac/ at
least a week prior to the meeting.
II. Public Participation
The public is invited to submit
written statements for the TFAC’s
meeting. Statements must be received
by 5:00 p.m. EST, November 11, 2016 by
either of the following methods: (a)
Electronic Submission: Submit
statements electronically to Ericka
Ukrow, U.S. Department of Commerce
PO 00000
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76561
Trade Finance Advisory Council
Designated Federal Officer, via email to
TFAC@trade.gov ; or (b) Paper
Submissions: Send paper statements to
Ericka Ukrow, U.S. Department of
Commerce Trade Finance Advisory
Council Designated Federal Officer,
Room 18002, 1401 Constitution Avenue
NW., Washington, DC 20230.
Statements will be posted on the TFAC
Web site without change, including any
business or personal information
provided such as names, addresses,
email addresses, or telephone numbers.
All statements received, including
attachments and other supporting
materials, are part of the public record
and are subject to public disclosure.
You should submit only information
that you wish to make publicly
available.
III. Meeting Minutes
Copies of TFAC meeting minutes will
be available within 30 days following
the meeting.
Dated: October 27, 2016.
Paul Thanos
Director, Office of Finance and Insurance
Industries.
[FR Doc. 2016–26572 Filed 11–2–16; 8:45 am]
BILLING CODE 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: The Department of Commerce
(the ‘‘Department’’) is simultaneously
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 Zhejiang ERA Solar
Technology Co., Ltd (‘‘Zhejiang ERA’’)
is the successor-in-interest to Era Solar
Co., Ltd (‘‘Era Solar’’). Based on the
information on the record, we
preliminarily determine that Zhejiang
ERA is the successor-in-interest to Era
Solar for purposes of the AD order on
solar cells from the PRC and, as such,
is entitled to Zhejiang ERA’s cash
AGENCY:
E:\FR\FM\03NON1.SGM
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76562
Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices
deposit rate with respect to entries of
subject merchandise. Interested parties
are invited to comment on these
preliminary results.
DATES: Effective November 3, 2016.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen or Eli Lovely, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–2769 and (2020 482–1593,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2012, the Department
published the AD order on solar cells
from the PRC in the Federal Register.1
On August 31, 2016, Zhejiang ERA
requested that the Department initiate
an expedited changed circumstances
review to determine that Zhejiang ERA
is the successor-in-interest to Era Solar
for AD purposes.2 On September 12,
2016, Zhejiang ERA responded to a
request for additional information from
the Department issued on September 9,
2016.3 We have received no comments
on Zhejiang ERA’s CCR Request.
Scope of the Order
mstockstill on DSK3G9T082PROD with NOTICES
The merchandise covered by the
Order is crystalline silicon photovoltaic
cells, whether or not assembled into
modules, subject to certain exclusions.4
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
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 Zhejiang ERA to the Department
regarding, ‘‘Re. Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules
from the People’s Republic of China: Request for
Expedited Changed Circumstances Review’’
(August 31, 2016) (‘‘CCR Request’’).
3 See Letter from Hangzhou Sunny to the
Department, regarding ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules: Response to Supplemental Questionnaire
of Zhejiang ERA Solar Technology Co., Ltd’’
(September 12, 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,
‘‘Initiation and Preliminary Results of Changed
Circumstances Review: Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China’’
(‘‘Preliminary Decision Memorandum’’), dated
concurrently with, and adopted by, this notice.
VerDate Sep<11>2014
17:54 Nov 02, 2016
Jkt 241001
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
Tariff Act of 1930, as amended, (the
‘‘Act’’) and 19 CFR 351.216(d), the
Department will conduct a changed
circumstances review of an order upon
receipt of information concerning, or of
a request from an interested party for a
review of, an order which shows
changed circumstances sufficient to
warrant a review of the order. In the
past, the Department has used 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-ininterest,’’ or ‘‘successorship,’’
determinations). Thus, consistent with
Department practice, the information
submitted by Zhejiang ERA, 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 Zhejiang ERA is the
successor-in-interest to Era Solar.
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 to make
a preliminary determination.7 In this
instance, because we have determined
that the information necessary to
support the request for a preliminary
determination is on the record, we find
that expedited action is warranted, and
we are combining the notice of
initiation and the notice of preliminary
results in accordance with 19 CFR
351.221(c)(3)(ii).
In determining whether one company
is the successor to another for purposes
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).
6 See
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Fmt 4703
Sfmt 4703
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
In its CCR Request and its
Supplemental Response, Zhejiang ERA
provided evidence demonstrating that it
is essentially the same company as Era
Solar.11 According to the information
provided, the principal owners
remained the same both pre- and postname change. Further, although the
nine-person board of directors was
reduced from nine directors to three
directors as a result of changes to Era
Solar’s legal form, the ultimate owners
continued to occupy positions on the
board after the name change. With
regard to management, eight of the nine
managers maintained their positions
after the company name change.12
Regarding its production of the subject
merchandise, Zhejiang ERA stated that
its production facility is the same as that
of Era Solar.13 Zhejiang ERA 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
customer base as a result of the name
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).
11 See, generally, CCR Request and Supplemental
Response.
12 Id.
13 Id.
14 Id.
E:\FR\FM\03NON1.SGM
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Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices
change.15 Based on the foregoing, which
is explained in greater detail in the
Preliminary Decision Memorandum, we
preliminarily determine that Zhejiang
ERA is the successor-in-interest to Era
Solar and, as such, that it is entitled to
Zhejiang ERA’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 Zhejiang ERA
at the AD cash deposit rate applicable
to Era Solar.
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 case 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.18
Any interested party may request a
hearing within 14 days of publication of
this notice.19 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.20
All submissions, with limited
exceptions, must be filed electronically
using Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’).21 An electronically filed
mstockstill on DSK3G9T082PROD with NOTICES
15 Id.
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 See 19 CFR 351.309(c)(2) and (d)(2).
19 The Department is exercising its discretion
under 19 CFR 351.310(c) to alter the time limit for
requesting a hearing.
20 See 19 CFR 351.310(d).
21 ACCESS is available to registered users at
https://access.trade.gov and available to all parties
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17:54 Nov 02, 2016
Jkt 241001
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.22
Unless extended, consistent with 19
CFR 351.216(e), we intend to issue the
final results of this changedcircumstances 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: October 27, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–26600 Filed 11–2–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE997
Fisheries of the South Atlantic; South
Atlantic Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting of the
South Atlantic Fishery Management
Council’s (Council) Scientific and
Statistical Committee (SSC).
AGENCY:
The Council will hold a
meeting of its SSC to review the
available data for Spiny Lobster and
make recommendations for setting the
Overfishing Limit (OFL) and Acceptable
Biological Catch (ABC).
DATES: The SSC meeting will be held via
webinar on Monday, November 21,
2016, from 9 a.m. to 12 p.m.
ADDRESSES: The meeting will be held
via webinar. The webinar is open to
members of the public. Those interested
in participating should contact Mike
SUMMARY:
in the Central Records Unit, Room B8024 of the
main Department of Commerce building.
22 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
PO 00000
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Fmt 4703
Sfmt 4703
76563
Errigo at the Council office (see FOR
to
request an invitation providing webinar
access information. Please request
webinar invitations at least 24 hours in
advance of the webinar.
Council address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N.
Charleston, SC 29405.
FOR FURTHER INFORMATION CONTACT:
Mike Errigo; 4055 Faber Place Drive,
Suite 201, North Charleston, SC 29405;
phone (843) 571–4366 or toll free (866)
SAFMC–10; fax (843) 769–4520; email:
mike.errigo@safmc.net.
SUPPLEMENTARY INFORMATION: This
meeting is held to review the available
data for Spiny Lobster and make
recommendations for OFL and ABC.
The SSC decided at their October 18–20,
2016 meeting in Charleston, SC that
they did not have enough information to
make recommendations of OFL and
ABC for Spiny Lobster and requested a
webinar be held to review the available
information.
Items to be addressed during this
meeting:
Review the available information for
Spiny Lobster and provide
recommendations of OFL and ABC for
the Spiny Lobster fishery.
FURTHER INFORMATION CONTACT)
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to the
Council office (see ADDRESSES) at least 5
business days prior to the meeting.
Note: The times and sequence
specified in this agenda are subject to
change.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 28, 2016.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–26519 Filed 11–2–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration (NOAA)
Environmental Assessment (EA) for
the Proposed Relocation of the
Atmospheric Turbulence and Diffusion
Division of the Air Resources
Laboratory in Oak Ridge, TN
Office of Oceanic and
Atmospheric Research (OAR), National
Oceanic and Atmospheric
Administration (NOAA), U.S.
Department of Commerce (DOC).
AGENCY:
E:\FR\FM\03NON1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Notices]
[Pages 76561-76563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26600]
-----------------------------------------------------------------------
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: The Department of Commerce (the ``Department'') is
simultaneously 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 Zhejiang ERA Solar Technology Co., Ltd
(``Zhejiang ERA'') is the successor-in-interest to Era Solar Co., Ltd
(``Era Solar''). Based on the information on the record, we
preliminarily determine that Zhejiang ERA is the successor-in-interest
to Era Solar for purposes of the AD order on solar cells from the PRC
and, as such, is entitled to Zhejiang ERA's cash
[[Page 76562]]
deposit rate with respect to entries of subject merchandise. Interested
parties are invited to comment on these preliminary results.
DATES: Effective November 3, 2016.
FOR FURTHER INFORMATION CONTACT: Jeff Pedersen or Eli Lovely, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-2769 and (2020 482-
1593, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2012, the Department published the AD order on solar
cells from the PRC in the Federal Register.\1\ On August 31, 2016,
Zhejiang ERA requested that the Department initiate an expedited
changed circumstances review to determine that Zhejiang ERA is the
successor-in-interest to Era Solar for AD purposes.\2\ On September 12,
2016, Zhejiang ERA responded to a request for additional information
from the Department issued on September 9, 2016.\3\ We have received no
comments on Zhejiang ERA's CCR Request.
---------------------------------------------------------------------------
\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 Zhejiang ERA to the Department regarding,
``Re. Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules from the People's Republic of China: Request
for Expedited Changed Circumstances Review'' (August 31, 2016)
(``CCR Request'').
\3\ See Letter from Hangzhou Sunny to the Department, regarding
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules: Response to Supplemental Questionnaire of Zhejiang ERA
Solar Technology Co., Ltd'' (September 12, 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 exclusions.\4\
---------------------------------------------------------------------------
\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, ``Initiation and
Preliminary Results of Changed Circumstances Review: Crystalline
Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules,
from the People's Republic of China'' (``Preliminary Decision
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 Tariff Act of 1930, as
amended, (the ``Act'') and 19 CFR 351.216(d), the Department will
conduct a changed circumstances review of an order upon receipt of
information concerning, or of a request from an interested party for a
review of, an order which shows changed circumstances sufficient to
warrant a review of the order. In the past, the Department has used
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 Zhejiang ERA, 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 Zhejiang ERA is the successor-in-interest
to Era Solar.
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 to make a preliminary determination.\7\ In this
instance, because we have determined that the information necessary to
support the request for a preliminary determination is on the record,
we find that expedited action is warranted, and we are combining the
notice of initiation and the notice of preliminary results in
accordance with 19 CFR 351.221(c)(3)(ii).
---------------------------------------------------------------------------
\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\
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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 CCR Request and its Supplemental Response, Zhejiang ERA
provided evidence demonstrating that it is essentially the same company
as Era Solar.\11\ According to the information provided, the principal
owners remained the same both pre- and post-name change. Further,
although the nine-person board of directors was reduced from nine
directors to three directors as a result of changes to Era Solar's
legal form, the ultimate owners continued to occupy positions on the
board after the name change. With regard to management, eight of the
nine managers maintained their positions after the company name
change.\12\ Regarding its production of the subject merchandise,
Zhejiang ERA stated that its production facility is the same as that of
Era Solar.\13\ Zhejiang ERA 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 customer base as a result of the name
[[Page 76563]]
change.\15\ Based on the foregoing, which is explained in greater
detail in the Preliminary Decision Memorandum, we preliminarily
determine that Zhejiang ERA is the successor-in-interest to Era Solar
and, as such, that it is entitled to Zhejiang ERA's AD cash deposit
rate with respect to entries of subject merchandise.
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\11\ See, generally, CCR Request and Supplemental Response.
\12\ Id.
\13\ Id.
\14\ Id.
\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 Zhejiang ERA at the AD
cash deposit rate applicable to Era Solar.
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 case 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.\18\
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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.
\18\ See 19 CFR 351.309(c)(2) and (d)(2).
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Any interested party may request a hearing within 14 days of
publication of this notice.\19\ 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.\20\
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\19\ The Department is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
\20\ 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'').\21\ 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.\22\
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\21\ 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.
\22\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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Unless extended, consistent with 19 CFR 351.216(e), we intend to
issue the final results of this changed-circumstances review no later
than 270 days after the date on which this review was initiated or
within 45 days if all parties agree to the outcome of the review.
We 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: October 27, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-26600 Filed 11-2-16; 8:45 am]
BILLING CODE 3510-DS-P
