Multilayered Wood Flooring From the People's Republic of China: Initiation and Preliminary Results of Antidumping and Countervailing Duty Changed Circumstances Reviews, 9561-9564 [2017-02467]
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Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Notices
combined the notice of initiation and
preliminary results in successor-ininterest cases when sufficient
documentation has been provided
supporting the request to make a
preliminary determination.12 In this
instance, because the record contains
information necessary to support the
request for a preliminary determination,
we find that expedited action is
warranted, and we are combining the
notice of initiation and the notice of
preliminary results, in accordance with
19 CFR 351.221(c)(3)(ii).
In a CCR, we generally consider a
company to be the successor to another
company for AD cash deposit purposes
if the operations of the successor are not
materially dissimilar from those of its
predecessor.13 In making this
determination, the Department
examines a number of factors including,
but not limited to, changes in: (1)
Management; (2) production facilities;
(3) suppliers; and (4) customer base.14
While no one or several of these factors
will necessarily provide a dispositive
indication of succession, the
Department will generally consider one
company to be the successor to another
company if its resulting operation is
essentially the same as that of its
predecessor.15 Thus, if the evidence
demonstrates that, with respect to the
production and sale of the subject
merchandise, the new company
operates as the same business entity as
the prior company, the Department will
assign the new company the cash
deposit rate of its predecessor.16
In its CCR Request (and its
Amendment,) Yihua Tech provided
evidence demonstrating that its
operations are not materially dissimilar
from those of its predecessor.17
Specifically, Yihua Tech is managed
and operated by the same management
teams as those of Yihua Timber, with
Lhorne on DSK30JT082PROD with NOTICES
12 See,
e.g., Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review:
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules, from the People’s
Republic of China, 81 FR 76561 (November 3, 2016)
(‘‘Solar Cells PRC 2016’’), unchanged in Crystalline
Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People’s
Republic of China: Final Results of Changed
Circumstances Review, 81 FR 91909 (December 19,
2016).
13 Id.
14 See Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review:
Multilayered Wood Flooring from the People’s
Republic of China, 79 FR 48117, 48118 (August 15,
2014), unchanged in Multilayered Wood Flooring
from the People’s Republic of China: Final Results
of Changed Circumstances Review, 79 FR 58740
(September 30, 2014).
15 Id.
16 See Solar Cells PRC 2016 at 76562.
17 See generally CCR Request and Amendment to
CCR Request.
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14:31 Feb 06, 2017
Jkt 241001
the exception of the change to the
general manager, which occurred prior
to the name change, and was unrelated
to the name change.18 Further, Yihua
has not added, or discontinued use of,
wooden bedroom furniture production
facilities as a result of the change in
name.19 Finally, there have been nonmaterial changes to the company’s
suppliers,20 and no changes to the
company’s customer base.21 Based on
the foregoing, which is explained in
greater detail in the Preliminary
Decision Memorandum, we
preliminarily determine that Yihua
Tech is the successor-in-interest to
Yihua Timber and, as such, that it is
entitled to Yihua Timber’s AD cash
deposit rate with respect to entries of
subject merchandise. Should our final
results remain the same as these
preliminary results, we will instruct
U.S. Customs and Border Protection to
assign entries of subject merchandise
exported by Yihua Tech the AD cashdeposit rate applicable to Yihua Timber,
effective the date of publication of the
final results.
Public Comment
Interested parties may submit case
briefs not later than 14 days after the
date of publication of this notice.22
Rebuttal briefs, which must be limited
to issues raised in such briefs, may be
filed not later than seven days after the
date of publication of this notice.23
Parties who submit case briefs or
rebuttal briefs in this changed
circumstances review are requested to
submit with each argument: (1) A
statement of the issue; and (2) a brief
summary of the argument with an
electronic version included.24
Any interested party may request a
hearing within 14 days of publication of
this notice.25 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations at
18 See CCR Request at Attachments 1 and 5 and
Amendment to CCR Request at Attachments 2 and
3.
19 See CCR Request at 4 and Attachment 4 and
Amendment to CCR Request at 2–4 and Attachment
1.
20 See CCR Request at Attachment 9 and
Amendment to CCR Request at Attachment 4.
21 See CCR Request at Attachment 10.
22 The Department is exercising its discretion
under 19 CFR 351.309(c)(1)(ii) to alter the time limit
for the filing of case briefs.
23 The Department is exercising its discretion
under 19 CFR 351.309(d)(I) to alter the time limit
for the filing of rebuttal briefs.
24 See 19 CFR 351.309(c)(2) and (d)(2).
25 The Department is exercising its discretion
under 19 CFR 351.310(c) to alter the time limit for
requesting a hearing.
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9561
the hearing will be limited to issues
raised in the briefs. If a request for a
hearing is made, parties will be notified
of the time and date for the hearing to
be held at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230 in a room
to be determined.26
All submissions, with limited
exceptions, must be filed electronically
using Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’).27 An electronically filed
document must be received successfully
in its entirety by 5 p.m. Eastern Time
(‘‘ET’’) on the due date. Documents
excepted from the electronic submission
requirements must be filed manually
(i.e., in paper form) with the APO/
Dockets Unit in Room 18022 and
stamped with the date and time of
receipt by 5 p.m. ET on the due date.28
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 intend to issue and publish
this initiation and preliminary results
notice in accordance with sections
751(b)(1) and 777(i)(1) of the Act and 19
CFR 351.216 and 351.221(c)(3) of the
Department’s regulations.
Dated: February 1, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–02468 Filed 2–6–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–970, C–570–971]
Multilayered Wood Flooring From the
People’s Republic of China: Initiation
and Preliminary Results of
Antidumping and Countervailing Duty
Changed Circumstances Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is simultaneously
AGENCY:
26 See
19 CFR 351.310(d).
is available to registered users at
https://access.trade.gov and available to all parties
in the Central Records Unit, Room B8024 of the
main Department of Commerce building.
28 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures:
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
27 ACCESS
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Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Notices
initiating, and issuing the preliminarily
results of, changed circumstances
reviews of the antidumping duty (‘‘AD’’)
and countervailing duty (‘‘CVD’’) orders
on multilayered wood flooring (‘‘wood
flooring’’) from the People’s Republic of
China (‘‘PRC’’). We preliminarily
determine that Yihua Lifestyle
Technology Co., Ltd. (‘‘Yihua Tech’’) is
the successor-in-interest to Guangdong
Yihua Timber Industry Co., Ltd. (‘‘Yihua
Timber’’) for purposes of the AD and
CVD orders on wood flooring from the
PRC and, as such, is entitled to Yihua
Timber’s AD and CVD cash deposit rates
with respect to entries of subject
merchandise. Interested parties are
invited to comment on this preliminary
determination.
DATES: Effective February 7, 2017.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hill, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–3518.
SUPPLEMENTARY INFORMATION:
Background
Lhorne on DSK30JT082PROD with NOTICES
On December 8, 2011, the Department
published the AD and CVD orders of
wooding flooring from the PRC.1 On
July 28, 2016, Yihua Tech requested that
the Department initiate expedited
changed circumstances reviews (‘‘CCR’’)
and determine that it is the successorin-interest to Yihua Timber for purposes
of determining AD and CVD liabilities.2
On September 9, 2016, the Department
requested from Yihua Tech additional
information in order to determine
whether to initiate the requested CCRs.3
On November 18, 2016, Yihua Tech
submitted an amendment to its CCR
Request, which included the additional
information requested by the
Department.4 Thus, the 45-day time
1 See Multilayered Wood Flooring from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order, 76 FR 76690 (December
8, 2011); see also Multilayered Wood Flooring from
the People’s Republic of China: Countervailing Duty
Order, 76 FR 76692 (December 8, 2011), as
amended, Multilayered Wood Flooring from the
People’s Republic of China: Amended Antidumping
and Countervailing Duty Orders, 77 FR 5484
(February 3, 2012) (‘‘Orders’’).
2 See Letter from Yihua Tech to the Secretary of
Commerce ‘‘Wooden Bedroom Furniture from the
People’s Republic of China (AD) and Multilayered
Wood Flooring from the People’s Republic of China
(AD/CVD); Request for Changed Circumstances
Review,’’ dated July 28, 2016 (‘‘CCR Request’’).
3 See Letter from Howard Smith, Program
Manager, AD/CVD Operations, Office IV,
Enforcement & Compliance to Yihua Tech dated
September 9, 2016.
4 See Letter from Yihua Tech to the Secretary of
Commerce ‘‘Wooden Bedroom Furniture from the
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14:31 Feb 06, 2017
Jkt 241001
period for the Department to determine
whether to initiate the requested
changed circumstances review began on
this date.5 On December 23, 2016, the
Department determined that additional
time was necessary to consider Yihua
Tech’s request for the changed
circumstances reviews.6 Therefore, in
accordance with 19 CFR 351.302(b), the
Department extended the time period
for determining whether to initiate the
requested changed circumstances
reviews by an additional 30 days, until
February 1, 2017. The Department
received no comments on Yihua Tech’s
CCR Request.
Scope of the Orders
The merchandise covered by the
orders includes wood flooring, subject
to certain exceptions. Imports of the
subject merchandise are provided for
under the following subheadings of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’): 4412.31.0520;
4412.31.0540; 4412.31.0560;
4412.31.2510; 4412.31.2520;
4412.31.3175; 4412.31.4040;
4412.31.4050; 4412.31.4060;
4412.31.4070; 4412.31.4075;
4412.31.4080; 4412.31.5125;
4412.31.5135; 4412.31.5155;
4412.31.5165; 4412.31.5175;
4412.31.6000; 4412.31.9100;
4412.32.0520; 4412.32.0540;
4412.32.0560; 4412.32.0565;
4412.32.0570; 4412.32.2510;
4412.32.2520; 4412.32.2525;
4412.32.2530; 4412.32.3125;
4412.32.3135; 4412.32.3155;
4412.32.3165; 4412.32.3175;
4412.32.3185; 4412.32.5600;
4412.39.1000; 4412.39.3000;
4412.39.4011; 4412.39.4012;
4412.39.4019; 4412.39.4031;
4412.39.4032; 4412.39.4039;
4412.39.4051; 4412.39.4052;
4412.39.4059; 4412.39.4061;
4412.39.4062; 4412.39.4069;
4412.39.5010; 4412.39.5030;
4412.39.5050; 4412.94.1030;
4412.94.1050; 4412.94.3105;
4412.94.3111; 4412.94.3121;
4412.94.3131; 4412.94.3141;
4412.94.3160; 4412.94.3171;
4412.94.4100; 4412.94.5100;
People’s Republic of China (AD) and Multilayered
Wood Flooring from the People’s Republic of China
(AD/CVD); Amendment to Request for Changed
Circumstances Review,’’ dated November 18, 2016
(‘‘Amendment to CCR Request’’).
5 See 19 CFR 351.216(b).
6 See Letter from Abdelali Elouaradia, Office
Director, Office IV, AD/CVD Operations ‘‘Wooden
Bedroom Furniture from the People’s Republic of
China (Antidumping Duty Order) and Multilayered
Wood Flooring from the People’s Republic of China
(Antidumping Duty and Countervailing Duty
Orders): Request for a Changed Circumstances
Review,’’ dated December 23, 2016.
PO 00000
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Fmt 4703
Sfmt 4703
4412.94.6000; 4412.94.7000;
4412.94.8000; 4412.94.9000;
4412.94.9500; 4412.99.0600;
4412.99.1020; 4412.99.1030;
4412.99.1040; 4412.99.3110;
4412.99.3120; 4412.99.3130;
4412.99.3140; 4412.99.3150;
4412.99.3160; 4412.99.3170;
4412.99.4100; 4412.99.5100;
4412.99.5105; 4412.99.5115;
4412.99.5710; 4412.99.6000;
4412.99.7000; 4412.99.8000;
4412.99.9000; 4412.99.9500;
4418.71.2000; 4418.71.9000;
4418.72.2000; 4418.72.9500; and
9801.00.2500.
While HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
subject merchandise is dispositive.7
Initiation of Changed Circumstances
Reviews
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), and the Department’s regulations
(19 CFR 351.216 and 351.221(c)(3)), the
Department will conduct a changed
circumstances review of an order upon
receipt of information concerning, or a
request from an interested party for a
review of, an order which shows
changed circumstances sufficient to
warrant a review of the order. In the
past, the Department has used CCRs to
address the applicability of cash deposit
rates after there have been changes in
the name of a respondent, (‘‘successorin-interest’’ or ‘‘successorship’’
determinations). The information
submitted by Yihua Tech claiming that
it is Yihua Timber’s successor-ininterest relates to a name change.
Specifically, Yihua Tech reported that
effective May 17, 2016, the Guangdong
Provincial Administration for Industry
and Commerce approved Yihua Tech’s
change of name from Guangdong Yihua
Timber Industry Co., Ltd. to Yihua
Lifestyle Technology Co., Ltd., and
approved a minor modification to Yihua
Timber’s business scope.8 Thus,
consistent with Department practice, the
information submitted by Yihua Tech
demonstrates changed circumstances
sufficient to warrant a review.9
Therefore, in accordance with section
7 For a complete description of the Scope of the
Orders, please see memorandum from Gary
Taverman, Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations
to Ronald K. Lorentzen, Acting Assistant Secretary
for Enforcement and Compliance ‘‘Multilayered
Wood Flooring from the People’s Republic of China:
Preliminary Decision Memorandum of
Antidumping and Countervailing Duty Changed
Circumstances Reviews,’’ dated concurrently with
this notice (‘‘Preliminary Decision Memorandum’’).
8 See CCR Request at Attachment 1.
9 See 19 CFR 351.216(d).
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Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Notices
751(b)(1) of the Act and 19 CFR
351.216(d), the Department is initiating
changed circumstances reviews to
determine whether Yihua Tech is the
successor-in-interest to Yihua Timber.
Preliminary Results
When it concludes that expedited
action is warranted, the Department
may publish the notice of initiation and
preliminary results of a CCR
concurrently.10 The Department has
combined the notice of initiation and
preliminary results in successor-ininterest cases when sufficient
documentation has been provided
supporting the request to make a
preliminary determination.11 In this
instance, because we have on the record
the information necessary to support the
request for a preliminary determination,
we find that expedited action is
warranted, and we are combining the
notice of initiation and the notice of
preliminary results, in accordance with
19 CFR 351.221(c)(3)(ii).
AD Methodology
In a CCR, we generally consider a
company to be the successor to another
company for AD cash deposit purposes
if the operations of the successor are not
materially dissimilar from those of its
predecessor.12 In making this
determination, the Department
examines a number of factors including,
but not limited to, changes in: (1)
Management; (2) production facilities;
(3) suppliers; and (4) customer base.13
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.14 Thus, if the evidence
demonstrates that, with respect to the
production and sale of the subject
merchandise, the new company
19 CFR 351.221(c)(3)(ii).
e.g., Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review:
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled Into Modules, from the People’s
Republic of China, 81 FR 76561 (November 3, 2016)
(‘‘Solar Cells PRC 2016’’), unchanged in Crystalline
Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People’s
Republic of China: Final Results of Changed
Circumstances Review, 81 FR 91909 (December 19,
2016).
12 Id.
13 See Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review:
Multilayered Wood Flooring from the People’s
Republic of China, 79 FR 48117,48118 (August 15,
2014), unchanged in Multilayered Wood Flooring
from the People’s Republic of China: Final Results
of Changed Circumstances Review, 79 FR 58740
(September 30, 2014).
14 Id.
operates as the same business entity as
the prior company, the Department will
assign the new company the cash
deposit rate of its predecessor.15
In its CCR Request (and its
Amendment), Yihua Tech provided
evidence demonstrating that its
operations are not materially dissimilar
from those of its predecessor.16
Specifically, Yihua Tech is managed
and operated by the same management
teams as those of Yihua Timber, with
the exception of the change to the
general manager, which occurred prior
to the name change, and was unrelated
to the name change.17 Further, Yihua
has not added, or discontinued use of,
wood flooring production facilities as a
result of the change in name.18 Finally,
there have been non-material changes to
the company’s suppliers,19 and no
changes to the company’s customer
base.20 Based on the foregoing, which is
explained in greater detail in the
Preliminary Decision Memorandum, we
preliminarily determine that Yihua
Tech is the successor-in-interest to
Yihua Timber and, as such, that it is
entitled to Yihua Timber’s AD cash
deposit rate with respect to entries of
subject merchandise.
CVD Methodology
As a general rule, in a CVD CCR, the
Department will make an affirmative
CVD successorship finding (i.e., that the
respondent company is the same
subsidized entity for CVD cash deposit
purposes as the predecessor company)
where there is no evidence of significant
changes in: (1) The respondent’s
operations; (2) ownership; and (3)
corporate or legal structure during the
relevant period (i.e., the ‘‘look-back
window’’) that could have affected the
nature and extent of the respondent’s
subsidy levels.21 Where the Department
makes an affirmative CVD successorship
finding, the successor’s merchandise
will be entitled to enter under the
predecessor’s cash deposit rate.22
10 See
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11 See,
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14:31 Feb 06, 2017
Jkt 241001
15 See
Solar Cells PRC 2016 at 76562.
generally CCR Request and Amendment to
CCR Request.
17 See CCR Request at Attachments 1 and 5 and
Amendment to CCR Request at Attachments 2 and
3.
18 See CCR Request at 4 and Attachment 4 and
Amendment to CCR Request at 2–4 and Attachment
1.
19 See CCR Request at Attachment 9 and
Amendment to CCR Request at Attachment 4.
20 See CCR Request at Attachment 10.
21 See Certain Lined Paper Products from India:
Notice of Initiation and Preliminary Results of
Countervailing Duty Changed Circumstances
Review, 79 FR 38011, 38012 (July 3, 2014).
22 Id; Certain Pasta from Turkey: Preliminary
Results of Countervailing Duty Changed
Circumstances Review, 74 FR 47225 (September 15,
2009).
16 See
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9563
As explained in greater detail in the
Preliminary Decision Memorandum, we
find no evidence of significant changes
between Yihua Tech’s and Yihua
Timber’s operations, ownership, or its
corporate or legal structure that could
have had an impact on Yihua Tech’s
subsidies levels. Accordingly, we
preliminarily determine that Yihua
Tech is the successor-in-interest to
Yihua Timber and, as such, that it is
entitled to Yihua Timber’s CVD cash
deposit rate with respect to entries of
subject merchandise.
Should our final results remain the
same as these preliminary results, we
will instruct U.S. Customs and Border
Protection to assign entries of subject
merchandise exported by Yihua Tech
the AD and CVD cash-deposit rates
applicable to Yihua Timber, effective
the date of publication of the final
results.
Public Comment
Interested parties may submit case
briefs not later than 14 days after the
date of publication of this notice.23
Rebuttal briefs, which must be limited
to issues raised in such briefs, may be
filed not later than seven days after the
date of publication of this notice.24
Parties who submit case briefs or
rebuttal briefs in these changed
circumstances reviews 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.25
Any interested party may request a
hearing within 14 days of publication of
this notice.26 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.27
All submissions, with limited
exceptions, must be filed electronically
using Enforcement and Compliance’s
23 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.
24 The Department is exercising its discretion
under 19 CFR 351.309(d)(I) to alter the time limit
for the filing of rebuttal briefs.
25 See 19 CFR 351.309(c)(2) and (d)(2).
26 The Department is exercising its discretion
under 19 CFR 351.310(c) to alter the time limit for
requesting a hearing.
27 See 19 CFR 351.310(d).
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Federal Register / Vol. 82, No. 24 / Tuesday, February 7, 2017 / Notices
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’).28 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.29
Unless extended, consistent with 19
CFR 351.216(e), we intend to issue the
final results of these changedcircumstances reviews no later than 270
days after the date on which these
reviews were initiated or within 45 days
if all parties agree to the outcome of the
reviews. We intend to issue and publish
this initiation and preliminary results
notice in accordance with sections
751(b)(1) and 777(i)(1) of the Act and 19
CFR 351.216 and 351.221(c)(3) of the
Departments regulations.
Dated: February 1, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–02467 Filed 2–6–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF208
Gulf of Mexico Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public hearings and
webinar.
AGENCY:
The Gulf of Mexico Fishery
Management Council (Council) will
hold nine public hearings/scoping
workshops and two webinars to solicit
public comments on Coral 7/Shrimp
17B.
DATES: The public hearings will be held
February 21—March 21, 2017. The
meetings will begin at 6 p.m. and will
conclude no later than 9 p.m. For
specific dates and times, see
SUPPLEMENTARY INFORMATION. Written
Lhorne on DSK30JT082PROD with NOTICES
SUMMARY:
28 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.
29 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures:
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
VerDate Sep<11>2014
19:47 Feb 06, 2017
Jkt 241001
public comments must be received on or
before 5 p.m. EST on Friday, March 3,
2017.
ADDRESSES: The public documents can
be obtained by contacting the Gulf of
Mexico Fishery Management Council,
2203 N. Lois Avenue, Suite 1100,
Tampa, FL 33607; (813) 348–1630 or on
their Web site at www.gulfcouncil.org.
Meeting addresses: The public
hearings will be held in Key West,
Madeira and Panama City, FL;
Brownsville, Palacios and Galveston,
TX; Gulfport, MS; Mobile, AL; Houma,
LA; and two webinars (one for Shrimp
17B and one for Coral 7). For specific
locations, see SUPPLEMENTARY
INFORMATION.
Public comments: Comments may be
submitted online through the Council’s
public portal by visiting
www.gulfcouncil.org and clicking on
‘‘CONTACT US’’.
FOR FURTHER INFORMATION CONTACT:
Douglas Gregory, Executive Director,
Gulf of Mexico Fishery Management
Council; telephone: (813) 348–1630.
SUPPLEMENTARY INFORMATION: The
agenda for the following nine hearings
and two webinars are as follows:
Council staff will brief the public on (1)
Shrimp Amendment 17—Yield,
Threshold Number or Permits, and
Transit Provisions and (2) Coral
Amendment 7—Recommended Coral
Areas Identified as Priority Habitats for
Management Consideration in the Gulf
of Mexico. Staff will then open the
meeting for questions and public
comments. The schedule is as follows:
Locations, Schedules, and Agendas
Tuesday, February 21, 2017, Marriott
Beachside, 3841 North Roosevelt
Boulevard, Key West, FL 33040;
telephone: (305) 296–8100; Courtyard
by Marriott, 3955 North Expressway,
Brownsville, TX 78520; telephone: (956)
350–4600.
Wednesday, February 22, 2017, Port
of Palacios, 1602 Main Street, Palacios,
TX 77465; telephone: (361) 972–5556.
Thursday, February 23, 2017,
Courtyard by Marriott, 601 American
Legion Drive, Madeira Beach, FL 33708;
telephone: (727) 392–8088; Hilton
Galveston Island, 5400 Seawall
Boulevard, Galveston Island, TX 77551;
telephone: (409) 744–5000.
Monday, March 6, 2017, Courtyard by
Marriott, 142 Library Drive, Houma, LA
70360; telephone: (985) 223–8996.
Tuesday, March 7, 2017, Courtyard by
Marriott, 1600 East Beach Boulevard,
Gulfport, MS 39501; telephone: (228)
864–4310.
Wednesday, March 8, 2017,
Renaissance Mobile Riverview Plaza
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Hotel, 64 South Water Street, Mobile,
AL 36602; telephone: (251) 438–4000.
Thursday, March 9, 2017, Hilton
Garden Inn, 1101 North US Highway
231, Panama City, FL 32405; telephone:
(850) 392–1093.
Monday, March 20, 2017, Webinar at
6 p.m. EST: Public Hearing:
Amendment 7—Coral https://
attendee.gotowebinar.com/register/
5854284070433339649
Tuesday, March 21, 2017, Webinar at
6 p.m. EST: Public Hearing:
Amendment 17B—Shrimp https://
attendee.gotowebinar.com/register/
1465688961281780737
After registering, you will receive a
confirmation email containing
information about joining the webinar.
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to Kathy Pereira (see
ADDRESSES), at least 5 working days
prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 2, 2017.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–02473 Filed 2–6–17; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF ENERGY
Environmental Management SiteSpecific Advisory Board, Oak Ridge
Reservation
Department of Energy.
Notice of open meeting.
AGENCY:
ACTION:
This notice announces a
meeting of the Environmental
Management Site-Specific Advisory
Board (EM SSAB), Oak Ridge
Reservation. The Federal Advisory
Committee Act requires that public
notice of this meeting be announced in
the Federal Register.
DATES: Wednesday, February 8, 2017
6:00 p.m.
ADDRESSES: Department of Energy
Information Center, Office of Science
and Technical Information, 1
Science.gov Way, Oak Ridge, Tennessee
37831.
FOR FURTHER INFORMATION CONTACT:
Melyssa P. Noe, Alternate Deputy
Designated Federal Officer, U.S.
Department of Energy, Oak Ridge Office
of Environmental Management, P.O.
Box 2001, EM–942, Oak Ridge, TN
37831. Phone (865) 241–3315; Fax (865)
SUMMARY:
E:\FR\FM\07FEN1.SGM
07FEN1
]]>Agencies
[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Notices]
[Pages 9561-9564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02467]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-970, C-570-971]
Multilayered Wood Flooring From the People's Republic of China:
Initiation and Preliminary Results of Antidumping and Countervailing
Duty Changed Circumstances Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is
simultaneously
[[Page 9562]]
initiating, and issuing the preliminarily results of, changed
circumstances reviews of the antidumping duty (``AD'') and
countervailing duty (``CVD'') orders on multilayered wood flooring
(``wood flooring'') from the People's Republic of China (``PRC''). We
preliminarily determine that Yihua Lifestyle Technology Co., Ltd.
(``Yihua Tech'') is the successor-in-interest to Guangdong Yihua Timber
Industry Co., Ltd. (``Yihua Timber'') for purposes of the AD and CVD
orders on wood flooring from the PRC and, as such, is entitled to Yihua
Timber's AD and CVD cash deposit rates with respect to entries of
subject merchandise. Interested parties are invited to comment on this
preliminary determination.
DATES: Effective February 7, 2017.
FOR FURTHER INFORMATION CONTACT: Jonathan Hill, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-3518.
SUPPLEMENTARY INFORMATION:
Background
On December 8, 2011, the Department published the AD and CVD orders
of wooding flooring from the PRC.\1\ On July 28, 2016, Yihua Tech
requested that the Department initiate expedited changed circumstances
reviews (``CCR'') and determine that it is the successor-in-interest to
Yihua Timber for purposes of determining AD and CVD liabilities.\2\ On
September 9, 2016, the Department requested from Yihua Tech additional
information in order to determine whether to initiate the requested
CCRs.\3\ On November 18, 2016, Yihua Tech submitted an amendment to its
CCR Request, which included the additional information requested by the
Department.\4\ Thus, the 45-day time period for the Department to
determine whether to initiate the requested changed circumstances
review began on this date.\5\ On December 23, 2016, the Department
determined that additional time was necessary to consider Yihua Tech's
request for the changed circumstances reviews.\6\ Therefore, in
accordance with 19 CFR 351.302(b), the Department extended the time
period for determining whether to initiate the requested changed
circumstances reviews by an additional 30 days, until February 1, 2017.
The Department received no comments on Yihua Tech's CCR Request.
---------------------------------------------------------------------------
\1\ See Multilayered Wood Flooring from the People's Republic of
China: Amended Final Determination of Sales at Less Than Fair Value
and Antidumping Duty Order, 76 FR 76690 (December 8, 2011); see also
Multilayered Wood Flooring from the People's Republic of China:
Countervailing Duty Order, 76 FR 76692 (December 8, 2011), as
amended, Multilayered Wood Flooring from the People's Republic of
China: Amended Antidumping and Countervailing Duty Orders, 77 FR
5484 (February 3, 2012) (``Orders'').
\2\ See Letter from Yihua Tech to the Secretary of Commerce
``Wooden Bedroom Furniture from the People's Republic of China (AD)
and Multilayered Wood Flooring from the People's Republic of China
(AD/CVD); Request for Changed Circumstances Review,'' dated July 28,
2016 (``CCR Request'').
\3\ See Letter from Howard Smith, Program Manager, AD/CVD
Operations, Office IV, Enforcement & Compliance to Yihua Tech dated
September 9, 2016.
\4\ See Letter from Yihua Tech to the Secretary of Commerce
``Wooden Bedroom Furniture from the People's Republic of China (AD)
and Multilayered Wood Flooring from the People's Republic of China
(AD/CVD); Amendment to Request for Changed Circumstances Review,''
dated November 18, 2016 (``Amendment to CCR Request'').
\5\ See 19 CFR 351.216(b).
\6\ See Letter from Abdelali Elouaradia, Office Director, Office
IV, AD/CVD Operations ``Wooden Bedroom Furniture from the People's
Republic of China (Antidumping Duty Order) and Multilayered Wood
Flooring from the People's Republic of China (Antidumping Duty and
Countervailing Duty Orders): Request for a Changed Circumstances
Review,'' dated December 23, 2016.
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Scope of the Orders
The merchandise covered by the orders includes wood flooring,
subject to certain exceptions. Imports of the subject merchandise are
provided for under the following subheadings of the Harmonized Tariff
Schedule of the United States (``HTSUS''): 4412.31.0520; 4412.31.0540;
4412.31.0560; 4412.31.2510; 4412.31.2520; 4412.31.3175; 4412.31.4040;
4412.31.4050; 4412.31.4060; 4412.31.4070; 4412.31.4075; 4412.31.4080;
4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.5175;
4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540; 4412.32.0560;
4412.32.0565; 4412.32.0570; 4412.32.2510; 4412.32.2520; 4412.32.2525;
4412.32.2530; 4412.32.3125; 4412.32.3135; 4412.32.3155; 4412.32.3165;
4412.32.3175; 4412.32.3185; 4412.32.5600; 4412.39.1000; 4412.39.3000;
4412.39.4011; 4412.39.4012; 4412.39.4019; 4412.39.4031; 4412.39.4032;
4412.39.4039; 4412.39.4051; 4412.39.4052; 4412.39.4059; 4412.39.4061;
4412.39.4062; 4412.39.4069; 4412.39.5010; 4412.39.5030; 4412.39.5050;
4412.94.1030; 4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121;
4412.94.3131; 4412.94.3141; 4412.94.3160; 4412.94.3171; 4412.94.4100;
4412.94.5100; 4412.94.6000; 4412.94.7000; 4412.94.8000; 4412.94.9000;
4412.94.9500; 4412.99.0600; 4412.99.1020; 4412.99.1030; 4412.99.1040;
4412.99.3110; 4412.99.3120; 4412.99.3130; 4412.99.3140; 4412.99.3150;
4412.99.3160; 4412.99.3170; 4412.99.4100; 4412.99.5100; 4412.99.5105;
4412.99.5115; 4412.99.5710; 4412.99.6000; 4412.99.7000; 4412.99.8000;
4412.99.9000; 4412.99.9500; 4418.71.2000; 4418.71.9000; 4418.72.2000;
4418.72.9500; and 9801.00.2500.
While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the subject merchandise is
dispositive.\7\
---------------------------------------------------------------------------
\7\ For a complete description of the Scope of the Orders,
please see memorandum from Gary Taverman, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance ``Multilayered Wood Flooring from the People's Republic
of China: Preliminary Decision Memorandum of Antidumping and
Countervailing Duty Changed Circumstances Reviews,'' dated
concurrently with this notice (``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------
Initiation of Changed Circumstances Reviews
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(``the Act''), and the Department's regulations (19 CFR 351.216 and
351.221(c)(3)), the Department will conduct a changed circumstances
review of an order upon receipt of information concerning, or a request
from an interested party for a review of, an order which shows changed
circumstances sufficient to warrant a review of the order. In the past,
the Department has used CCRs to address the applicability of cash
deposit rates after there have been changes in the name of a
respondent, (``successor-in-interest'' or ``successorship''
determinations). The information submitted by Yihua Tech claiming that
it is Yihua Timber's successor-in-interest relates to a name change.
Specifically, Yihua Tech reported that effective May 17, 2016, the
Guangdong Provincial Administration for Industry and Commerce approved
Yihua Tech's change of name from Guangdong Yihua Timber Industry Co.,
Ltd. to Yihua Lifestyle Technology Co., Ltd., and approved a minor
modification to Yihua Timber's business scope.\8\ Thus, consistent with
Department practice, the information submitted by Yihua Tech
demonstrates changed circumstances sufficient to warrant a review.\9\
Therefore, in accordance with section
[[Page 9563]]
751(b)(1) of the Act and 19 CFR 351.216(d), the Department is
initiating changed circumstances reviews to determine whether Yihua
Tech is the successor-in-interest to Yihua Timber.
---------------------------------------------------------------------------
\8\ See CCR Request at Attachment 1.
\9\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------
Preliminary Results
When it concludes that expedited action is warranted, the
Department may publish the notice of initiation and preliminary results
of a CCR concurrently.\10\ 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.\11\ In this instance, because we have
on the record the information necessary to support the request for a
preliminary determination, we find that expedited action is warranted,
and we are combining the notice of initiation and the notice of
preliminary results, in accordance with 19 CFR 351.221(c)(3)(ii).
---------------------------------------------------------------------------
\10\ See 19 CFR 351.221(c)(3)(ii).
\11\ See, e.g., Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the
People's Republic of China, 81 FR 76561 (November 3, 2016) (``Solar
Cells PRC 2016''), unchanged in Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules, from the People's
Republic of China: Final Results of Changed Circumstances Review, 81
FR 91909 (December 19, 2016).
---------------------------------------------------------------------------
AD Methodology
In a CCR, we generally consider a company to be the successor to
another company for AD cash deposit purposes if the operations of the
successor are not materially dissimilar from those of its
predecessor.\12\ In making this determination, the Department examines
a number of factors including, but not limited to, changes in: (1)
Management; (2) production facilities; (3) suppliers; and (4) customer
base.\13\ 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.\14\ 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.\15\
---------------------------------------------------------------------------
\12\ Id.
\13\ See Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review: Multilayered Wood Flooring from the
People's Republic of China, 79 FR 48117,48118 (August 15, 2014),
unchanged in Multilayered Wood Flooring from the People's Republic
of China: Final Results of Changed Circumstances Review, 79 FR 58740
(September 30, 2014).
\14\ Id.
\15\ See Solar Cells PRC 2016 at 76562.
---------------------------------------------------------------------------
In its CCR Request (and its Amendment), Yihua Tech provided
evidence demonstrating that its operations are not materially
dissimilar from those of its predecessor.\16\ Specifically, Yihua Tech
is managed and operated by the same management teams as those of Yihua
Timber, with the exception of the change to the general manager, which
occurred prior to the name change, and was unrelated to the name
change.\17\ Further, Yihua has not added, or discontinued use of, wood
flooring production facilities as a result of the change in name.\18\
Finally, there have been non-material changes to the company's
suppliers,\19\ and no changes to the company's customer base.\20\ Based
on the foregoing, which is explained in greater detail in the
Preliminary Decision Memorandum, we preliminarily determine that Yihua
Tech is the successor-in-interest to Yihua Timber and, as such, that it
is entitled to Yihua Timber's AD cash deposit rate with respect to
entries of subject merchandise.
---------------------------------------------------------------------------
\16\ See generally CCR Request and Amendment to CCR Request.
\17\ See CCR Request at Attachments 1 and 5 and Amendment to CCR
Request at Attachments 2 and 3.
\18\ See CCR Request at 4 and Attachment 4 and Amendment to CCR
Request at 2-4 and Attachment 1.
\19\ See CCR Request at Attachment 9 and Amendment to CCR
Request at Attachment 4.
\20\ See CCR Request at Attachment 10.
---------------------------------------------------------------------------
CVD Methodology
As a general rule, in a CVD CCR, the Department will make an
affirmative CVD successorship finding (i.e., that the respondent
company is the same subsidized entity for CVD cash deposit purposes as
the predecessor company) where there is no evidence of significant
changes in: (1) The respondent's operations; (2) ownership; and (3)
corporate or legal structure during the relevant period (i.e., the
``look-back window'') that could have affected the nature and extent of
the respondent's subsidy levels.\21\ Where the Department makes an
affirmative CVD successorship finding, the successor's merchandise will
be entitled to enter under the predecessor's cash deposit rate.\22\
---------------------------------------------------------------------------
\21\ See Certain Lined Paper Products from India: Notice of
Initiation and Preliminary Results of Countervailing Duty Changed
Circumstances Review, 79 FR 38011, 38012 (July 3, 2014).
\22\ Id; Certain Pasta from Turkey: Preliminary Results of
Countervailing Duty Changed Circumstances Review, 74 FR 47225
(September 15, 2009).
---------------------------------------------------------------------------
As explained in greater detail in the Preliminary Decision
Memorandum, we find no evidence of significant changes between Yihua
Tech's and Yihua Timber's operations, ownership, or its corporate or
legal structure that could have had an impact on Yihua Tech's subsidies
levels. Accordingly, we preliminarily determine that Yihua Tech is the
successor-in-interest to Yihua Timber and, as such, that it is entitled
to Yihua Timber's CVD cash deposit rate with respect to entries of
subject merchandise.
Should our final results remain the same as these preliminary
results, we will instruct U.S. Customs and Border Protection to assign
entries of subject merchandise exported by Yihua Tech the AD and CVD
cash-deposit rates applicable to Yihua Timber, effective the date of
publication of the final results.
Public Comment
Interested parties may submit case briefs not later than 14 days
after the date of publication of this notice.\23\ Rebuttal briefs,
which must be limited to issues raised in such briefs, may be filed not
later than seven days after the date of publication of this notice.\24\
Parties who submit case briefs or rebuttal briefs in these changed
circumstances reviews 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.\25\
---------------------------------------------------------------------------
\23\ 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.
\24\ The Department is exercising its discretion under 19 CFR
351.309(d)(I) to alter the time limit for the filing of rebuttal
briefs.
\25\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
Any interested party may request a hearing within 14 days of
publication of this notice.\26\ 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.\27\
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\26\ The Department is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
\27\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
All submissions, with limited exceptions, must be filed
electronically using Enforcement and Compliance's
[[Page 9564]]
Antidumping and Countervailing Duty Centralized Electronic Service
System (``ACCESS'').\28\ 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.\29\
---------------------------------------------------------------------------
\28\ 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.
\29\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures: Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------
Unless extended, consistent with 19 CFR 351.216(e), we intend to
issue the final results of these changed-circumstances reviews no later
than 270 days after the date on which these reviews were initiated or
within 45 days if all parties agree to the outcome of the reviews. We
intend to issue and publish this initiation and preliminary results
notice in accordance with sections 751(b)(1) and 777(i)(1) of the Act
and 19 CFR 351.216 and 351.221(c)(3) of the Departments regulations.
Dated: February 1, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-02467 Filed 2-6-17; 8:45 am]
BILLING CODE 3510-DS-P
