Light-Walled Rectangular Pipe and Tube From Mexico: Initiation and Expedited Preliminary Results of Changed Circumstances Review, 54322-54324 [2017-24965]
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sradovich on DSK3GMQ082PROD with NOTICES
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Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices
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[FR Doc. 2017–24605 Filed 11–16–17; 8:45 am]
BILLING CODE 3510–DR–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–836]
Light-Walled Rectangular Pipe and
Tube From Mexico: Initiation and
Expedited Preliminary Results of
Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) is simultaneously
initiating and issuing the preliminary
results of a changed circumstances
review (CCR) of the antidumping duty
order on light-walled rectangular pipe
and tube (LWRPT) from Mexico,
consistent with section 751(b) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.216 and
351.221(c)(3)(ii). Based on the
information on the record, we
preliminarily determine that Perfiles
LM, S.A. de C.V. (Perfiles) is the
successor-in-interest to Perfiles y
Herrajes LM, S.A. de C.V. (Perfiles y
Herrajes). Interested parties are invited
to comment on these preliminary
results.
AGENCY:
DATES:
Applicable November 17, 2017.
FOR FURTHER INFORMATION CONTACT:
Madeline R. Heeren, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–9179.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2008, the Department
published the antidumping duty order
on LWRPT from Mexico.1 On July 31,
2017, Perfiles y Herrajes informed the
Department that, effective July 11, 2017,
it had changed its name to ’’ Perfiles
LM, S.A. de C.V.,’’ (i.e., Perfiles) and
requested that the Department conduct
a CCR under 19 CFR 351.216(b) to
determine that Perfiles is the successorin-interest to Perfiles y Herrajes for
purposes of determining Perfiles’
antidumping duty cash deposits and
liabilities.2
1 See Light-Walled Rectangular Pipe and Tube
from Mexico, the People’s Republic of China, and
the Republic of Korea: Antidumping Duty Orders;
Light-Walled Rectangular Pipe and Tube from the
Republic of Korea: Notice of Amended Final
Determination of Sales at Less Than Fair Value, 73
FR 45403 (August 5, 2008) (Order).
2 See Letter, ‘‘Light-Walled Rectangular Pipe and
Tube from Mexico—Notice of Change in Company
Name,’’ dated July 31, 2017 (CCR Request).
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On August 17, 2017, the Department
declined to initiate the CCR that Perfiles
y Herrajes requested, citing the need for
additional information pertaining to any
changes in management, production
facilities, customers, and suppliers.3
Therefore, the Department issued
Perfiles y Herrajes a questionnaire. On
October 2, 2017, Perfiles y Herrajes filed
its response, in which it provided
additional information to support its
request.4 We have received no
comments from any other interested
party.
Scope of the Review
The merchandise subject to this order
is certain welded carbon-quality lightwalled steel pipe and tube, of
rectangular (including square) cross
section, having a wall thickness of less
than 4 mm.
The term carbon-quality steel
includes both carbon steel and alloy
steel which contains only small
amounts of alloying elements.
Specifically, the term carbon-quality
includes products in which none of the
elements listed below exceeds the
quantity by weight respectively
indicated: 1.80 percent of manganese, or
2.25 percent of silicon, or 1.00 percent
of copper, or 0.50 percent of aluminum,
or 1.25 percent of chromium, or 0.30
percent of cobalt, or 0.40 percent of
lead, or 1.25 percent of nickel, or 0.30
percent of tungsten, or 0.10 percent of
molybdenum, or 0.10 percent of
niobium, or 0.15 percent vanadium, or
0.15 percent of zirconium.
The description of carbon-quality is
intended to identify carbon-quality
products within the scope. The welded
carbon-quality rectangular pipe and
tube subject to this order is currently
classified under the Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 7306.61.50.00 and
7306.61.70.60. While HTSUS
subheadings are provided for
convenience and customs purposes, our
written description of the scope of this
order is dispositive.5
3 See Letter, ‘‘Light-Walled Rectangular Pipe and
Tube from Mexico: Antidumping Duty Changed
Circumstances Review Deficiency Questionnaire,’’
dated August 17, 2017 (CCR Questionnaire).
4 See Letter, ‘‘Light-Walled Rectangular Pipe and
Tube from Mexico—Response to August 17
Questionnaire,’’ dated October 2, 2017 (CCR
Questionnaire Response).
5 For a complete description of the scope of the
order, see Memorandum, ‘‘Light-Walled
Rectangular Pipe and Tube from Mexico: Initiation
and Expedited Preliminary Results of Changed
Circumstances Review,’’ dated concurrently with,
and hereby adopted by, these preliminary results
(Preliminary Decision Memorandum).
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Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices
Initiation of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Act and the Department’s regulations
(19 CFR 351.216 and 351.221(c)(3)), the
Department will conduct a CCR 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. Generally,
in the past, the Department has used
CCRs 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
(i.e., successor-in-interest, or
successorship determinations).6
Perfiles y Herrajes states that, effective
July 11, 2017, Perfiles y Herrajes
changed its name to Perfiles.7
Consistent with Department practice, as
further discussed in the Preliminary
Decision Memorandum, we find that the
information submitted by Perfiles y
Herrajes demonstrates changed
circumstances sufficient to warrant a
review.8 Therefore, in accordance with
section 751(b)(1) of the Act and 19 CFR
351.216(d), the Department is initiating
a CCR to determine whether Perfiles is
the successor-in-interest to Perfiles y
Herrajes.
Preliminary Results
sradovich on DSK3GMQ082PROD with NOTICES
When it concludes that expedited
action is warranted, the Department
may publish the notice of initiation and
preliminary results of a CCR in a single
notice.9 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.10 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).
6 See, e.g., 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) (Solar Cells PRC 2016 CCR
Final).
7 See CCR Request at 1.
8 See 19 CFR 351.216(d).
9 See 19 CFR 351.221(c)(3)(ii).
10 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), unchanged in Solar Cells PRC 2016 CCR
Final.
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In a CCR, we generally consider a
company to be the successor-in-interest
to another company for antidumping
cash deposit purposes if the operations
of the successor-in-interest are not
materially dissimilar from those of its
predecessor.11 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.12
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-in-interest
to another company if its resulting
operation is essentially the same as that
of its predecessor.13 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.14
In its CCR Questionnaire Response,
Perfiles y Herrajes provided evidence
demonstrating that Perfiles’ operations
are not materially dissimilar from those
of its predecessor, Perfiles y Herrajes.15
Specifically, the record indicates that
there have not been any material
changes to management,16 production
facilities,17 suppliers,18 or customer
base.19 Based on the foregoing findings,
which are explained in greater detail in
the Preliminary Decision
Memorandum,20 the Department
preliminarily determines that Perfiles is
the successor-in-interest to Perfiles y
Herrajes and, as such, it is entitled to
Perfiles y Herrajes’ antidumping cash
deposit rate with respect to entries of
subject merchandise. Should our final
results remain the same as these
preliminary results, we will instruct
11 Id.
12 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).
13 Id.
14 See Solar Cells PRC 2016 CCR Final, 81 FR at
91910.
15 See Letter, ‘‘Light-Walled Rectangular Pipe and
Tube from Mexico—Response to August 17
Questionnaire,’’ dated October 2, 2017 (CCR
Questionnaire Response).
16 Id. at 5–6, Appendices A–3–A, A–3–B, A–4–A,
and A–4–B.
17 Id. at 9–10, Appendices A–7–A, A–7–B, and A–
7–C.
18 Id. at 11, Appendices A–8–A, and A–8–B.
19 Id. at 8, Appendices A–6–A, and A–6–B.
20 See Preliminary Decision Memorandum.
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U.S. Customs and Border Protection to
suspend liquidation of entries of
LWRPT produced and/or exported by
Perfiles and apply the antidumping cash
deposit rate applicable to Perfiles y
Herrajes, effective the date of
publication of the final results.
Public Comment
Interested parties may submit case
briefs not later than 30 days after the
date of publication of this notice.21
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed by no
later than five days after the deadline for
filing case briefs.22 Parties who submit
case or rebuttal briefs in this CCR 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.23
Any interested party may request a
hearing within 30 days of publication of
this notice.24 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.25
All submissions, with limited
exceptions, must be filed electronically
using Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). 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.26
Unless extended, consistent with 19
CFR 351.216(e), we intend to issue the
final results of this CCR 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
21 See
19 CFR 321.309(c)(1)(ii).
19 CFR 351.309(d)(1).
23 See 19 CFR 351.309(c)(2) and (d)(2).
24 See 19 CFR 351.310(c).
25 See 19 CFR 351.310(d).
26 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures:
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
22 See
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Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Notices
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: November 13, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2017–24965 Filed 11–16–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–918]
Steel Wire Garment Hangers From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 9, 2017, the
Department of Commerce (Department)
published in the Federal Register the
Preliminary Results of the
administrative review of the
antidumping duty order on Steel Wire
Garment Hangers from the People’s
Republic of China (PRC) covering the
period October 1, 2015, through
September 30, 2016. This review
covered Hangzhou Yingqing Material
Co. Ltd. and Hangzhou Qingqing
Mechanical Co. Ltd. (collectively,
Yingqing), and Shanghai Wells Hanger
Co., Ltd./Hong Kong Wells Ltd.
(collectively, Shanghai Wells).
The Department gave interested
parties an opportunity to comment on
the Preliminary Results, but we received
no comments. Hence, the final results
are unchanged from the Preliminary
Results and we continue to find that
Shanghai Wells sold merchandise at
prices below the normal value and
Yingqing is not eligible for a separate
rate during the period of review.
DATES: Applicable November 17, 2017.
FOR FURTHER INFORMATION CONTACT:
Katrina Clemente, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–0783.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with NOTICES
AGENCY:
Background
On August 9, 2017, the Department
published the Preliminary Results and
gave interested parties an opportunity to
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comment.1 The Department received no
comments. The Department conducted
this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act).
Scope of the Order
The merchandise subject to the order
is steel wire garment hangers, fabricated
from carbon steel wire, whether or not
galvanized or painted, whether or not
coated with latex or epoxy or similar
gripping materials, and/or whether or
not fashioned with paper covers or
capes (with or without printing) and/or
nonslip features such as saddles or
tubes. These products may also be
referred to by a commercial designation,
such as shirt, suit, strut, caped, or latex
(industrial) hangers. Specifically
excluded from the scope of the order are
wooden, plastic, and other garment
hangers that are not made of steel wire.
Also excluded from the scope of the
order are chrome-plated steel wire
garment hangers with a diameter of 3.4
mm or greater. The products subject to
the order are currently classified under
HTSUS subheadings 7326.20.0020,
7323.99.9060, and 7323.99.9080.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise is dispositive.
Final Results of Review
In the Preliminary Results, the
Department determined the following:
(1) Shanghai Wells sold merchandise at
prices below normal value; and (2)
Yingqing is not eligible for a separate
rate and, therefore, is a part of the PRCwide entity.2 We have not received
information contradicting our
preliminary finding; thus, the
Department finds there is no reason to
modify its analysis. Accordingly, no
decision memorandum accompanies
this Federal Register notice. For further
details of the issues addressed in this
proceeding, see the Preliminary
Results.3
wide entity will not be under review
unless a party specifically requests, or
the Department self-initiates, a review of
the entity. Because no party requested a
review of the PRC-wide entity in this
review, the entity is not under review
and the entity’s rate is not subject to
change (i.e., 187.25 percent).5
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(B) of the Act. In the
Preliminary Results, the Department
calculated constructed export prices and
export prices in accordance with section
772 of the Act. Because the PRC is a
nonmarket economy (NME) within the
meaning of section 771(18) of the Act,
normal value is calculated in
accordance with section 773(c) of the
Act. We have not received any
information since the issuance of the
Preliminary Results that provides a basis
for reconsidering this determination.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum, available at
https://enforcement.trade.gov/frn/.
Final Results of Review Margin
The Department determines that the
following weighted-average dumping
margin exists for the POR from October
1, 2015, through September 30, 2016:
Exporter
Shanghai Wells Hanger Co.,
Ltd./Hong Kong Wells
Ltd.6 ...................................
Weightedaverage
dumping
margin
(%)
5.02
PRC-Wide Entity
The Department’s policy regarding the
conditional review of the PRC-wide
entity applies to this administrative
review.4 Under this policy, the PRC-
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), the
Department has determined, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. The
Department intends to issue assessment
instructions to CBP 15 days after the
publication date of the final results of
this review.
1 See Steel Wire Garment Hangers from the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2015–
2016, 82 FR 37194 (September 9, 2017) (Preliminary
Results) and the accompanying Preliminary
Decision Memorandum.
2 See Preliminary Results, 82 FR at 37194–95.
3 Id.
4 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
5 See Steel Wire Garment Hangers from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review, 2012–
2013, 80 FR 13332, (March 13, 2015), and
accompanying Issues and Decision Memorandum;
see also Preliminary Decision Memorandum.
6 As previously stated, we continue to find
Shanghai Wells Hanger Co., Ltd. and Hong Kong
Wells Ltd. (collectively Shanghai Wells) to be a
single entity.
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]]>Agencies
[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Notices]
[Pages 54322-54324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24965]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-836]
Light-Walled Rectangular Pipe and Tube From Mexico: Initiation
and Expedited Preliminary Results of Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) is simultaneously
initiating and issuing the preliminary results of a changed
circumstances review (CCR) of the antidumping duty order on light-
walled rectangular pipe and tube (LWRPT) from Mexico, consistent with
section 751(b) of the Tariff Act of 1930, as amended (the Act) and 19
CFR 351.216 and 351.221(c)(3)(ii). Based on the information on the
record, we preliminarily determine that Perfiles LM, S.A. de C.V.
(Perfiles) is the successor-in-interest to Perfiles y Herrajes LM, S.A.
de C.V. (Perfiles y Herrajes). Interested parties are invited to
comment on these preliminary results.
DATES: Applicable November 17, 2017.
FOR FURTHER INFORMATION CONTACT: Madeline R. Heeren, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-9179.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2008, the Department published the antidumping duty
order on LWRPT from Mexico.\1\ On July 31, 2017, Perfiles y Herrajes
informed the Department that, effective July 11, 2017, it had changed
its name to '' Perfiles LM, S.A. de C.V.,'' (i.e., Perfiles) and
requested that the Department conduct a CCR under 19 CFR 351.216(b) to
determine that Perfiles is the successor-in-interest to Perfiles y
Herrajes for purposes of determining Perfiles' antidumping duty cash
deposits and liabilities.\2\
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\1\ See Light-Walled Rectangular Pipe and Tube from Mexico, the
People's Republic of China, and the Republic of Korea: Antidumping
Duty Orders; Light-Walled Rectangular Pipe and Tube from the
Republic of Korea: Notice of Amended Final Determination of Sales at
Less Than Fair Value, 73 FR 45403 (August 5, 2008) (Order).
\2\ See Letter, ``Light-Walled Rectangular Pipe and Tube from
Mexico--Notice of Change in Company Name,'' dated July 31, 2017 (CCR
Request).
---------------------------------------------------------------------------
On August 17, 2017, the Department declined to initiate the CCR
that Perfiles y Herrajes requested, citing the need for additional
information pertaining to any changes in management, production
facilities, customers, and suppliers.\3\ Therefore, the Department
issued Perfiles y Herrajes a questionnaire. On October 2, 2017,
Perfiles y Herrajes filed its response, in which it provided additional
information to support its request.\4\ We have received no comments
from any other interested party.
---------------------------------------------------------------------------
\3\ See Letter, ``Light-Walled Rectangular Pipe and Tube from
Mexico: Antidumping Duty Changed Circumstances Review Deficiency
Questionnaire,'' dated August 17, 2017 (CCR Questionnaire).
\4\ See Letter, ``Light-Walled Rectangular Pipe and Tube from
Mexico--Response to August 17 Questionnaire,'' dated October 2, 2017
(CCR Questionnaire Response).
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Scope of the Review
The merchandise subject to this order is certain welded carbon-
quality light-walled steel pipe and tube, of rectangular (including
square) cross section, having a wall thickness of less than 4 mm.
The term carbon-quality steel includes both carbon steel and alloy
steel which contains only small amounts of alloying elements.
Specifically, the term carbon-quality includes products in which none
of the elements listed below exceeds the quantity by weight
respectively indicated: 1.80 percent of manganese, or 2.25 percent of
silicon, or 1.00 percent of copper, or 0.50 percent of aluminum, or
1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of
lead, or 1.25 percent of nickel, or 0.30 percent of tungsten, or 0.10
percent of molybdenum, or 0.10 percent of niobium, or 0.15 percent
vanadium, or 0.15 percent of zirconium.
The description of carbon-quality is intended to identify carbon-
quality products within the scope. The welded carbon-quality
rectangular pipe and tube subject to this order is currently classified
under the Harmonized Tariff Schedule of the United States (HTSUS)
subheadings 7306.61.50.00 and 7306.61.70.60. While HTSUS subheadings
are provided for convenience and customs purposes, our written
description of the scope of this order is dispositive.\5\
---------------------------------------------------------------------------
\5\ For a complete description of the scope of the order, see
Memorandum, ``Light-Walled Rectangular Pipe and Tube from Mexico:
Initiation and Expedited Preliminary Results of Changed
Circumstances Review,'' dated concurrently with, and hereby adopted
by, these preliminary results (Preliminary Decision Memorandum).
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[[Page 54323]]
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act and the Department's
regulations (19 CFR 351.216 and 351.221(c)(3)), the Department will
conduct a CCR 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. Generally,
in the past, the Department has used CCRs 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 (i.e.,
successor-in-interest, or successorship determinations).\6\
---------------------------------------------------------------------------
\6\ See, e.g., 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) (Solar Cells PRC 2016 CCR Final).
---------------------------------------------------------------------------
Perfiles y Herrajes states that, effective July 11, 2017, Perfiles
y Herrajes changed its name to Perfiles.\7\ Consistent with Department
practice, as further discussed in the Preliminary Decision Memorandum,
we find that the information submitted by Perfiles y Herrajes
demonstrates changed circumstances sufficient to warrant a review.\8\
Therefore, in accordance with section 751(b)(1) of the Act and 19 CFR
351.216(d), the Department is initiating a CCR to determine whether
Perfiles is the successor-in-interest to Perfiles y Herrajes.
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\7\ See CCR Request at 1.
\8\ See 19 CFR 351.216(d).
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Preliminary Results
When it concludes that expedited action is warranted, the
Department may publish the notice of initiation and preliminary results
of a CCR in a single notice.\9\ 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.\10\ 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).
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\9\ See 19 CFR 351.221(c)(3)(ii).
\10\ 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),
unchanged in Solar Cells PRC 2016 CCR Final.
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In a CCR, we generally consider a company to be the successor-in-
interest to another company for antidumping cash deposit purposes if
the operations of the successor-in-interest are not materially
dissimilar from those of its predecessor.\11\ 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.\12\ 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-in-interest to another company if its
resulting operation is essentially the same as that of its
predecessor.\13\ 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.\14\
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\11\ Id.
\12\ 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).
\13\ Id.
\14\ See Solar Cells PRC 2016 CCR Final, 81 FR at 91910.
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In its CCR Questionnaire Response, Perfiles y Herrajes provided
evidence demonstrating that Perfiles' operations are not materially
dissimilar from those of its predecessor, Perfiles y Herrajes.\15\
Specifically, the record indicates that there have not been any
material changes to management,\16\ production facilities,\17\
suppliers,\18\ or customer base.\19\ Based on the foregoing findings,
which are explained in greater detail in the Preliminary Decision
Memorandum,\20\ the Department preliminarily determines that Perfiles
is the successor-in-interest to Perfiles y Herrajes and, as such, it is
entitled to Perfiles y Herrajes' antidumping 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 suspend liquidation of entries of
LWRPT produced and/or exported by Perfiles and apply the antidumping
cash deposit rate applicable to Perfiles y Herrajes, effective the date
of publication of the final results.
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\15\ See Letter, ``Light-Walled Rectangular Pipe and Tube from
Mexico--Response to August 17 Questionnaire,'' dated October 2, 2017
(CCR Questionnaire Response).
\16\ Id. at 5-6, Appendices A-3-A, A-3-B, A-4-A, and A-4-B.
\17\ Id. at 9-10, Appendices A-7-A, A-7-B, and A-7-C.
\18\ Id. at 11, Appendices A-8-A, and A-8-B.
\19\ Id. at 8, Appendices A-6-A, and A-6-B.
\20\ See Preliminary Decision Memorandum.
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Public Comment
Interested parties may submit case briefs not later than 30 days
after the date of publication of this notice.\21\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed by no later
than five days after the deadline for filing case briefs.\22\ Parties
who submit case or rebuttal briefs in this CCR 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.\23\
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\21\ See 19 CFR 321.309(c)(1)(ii).
\22\ See 19 CFR 351.309(d)(1).
\23\ See 19 CFR 351.309(c)(2) and (d)(2).
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Any interested party may request a hearing within 30 days of
publication of this notice.\24\ 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.\25\
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\24\ See 19 CFR 351.310(c).
\25\ 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). 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.\26\
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\26\ 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 CCR 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
[[Page 54324]]
notice in accordance with sections 751(b)(1) and 777(i)(1) of the Act
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and 19 CFR 351.216 and 351.221(c)(3) of the Department's regulations.
Dated: November 13, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-24965 Filed 11-16-17; 8:45 am]
BILLING CODE 3510-DS-P
