Wooden Cabinets and Vanities and Components Thereof From the People's Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 49302-49304 [2021-18992]
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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices
location of the hearing two days before
the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On August 5, 2021, pursuant to 19
CFR 351.210(e), GFCL requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.15 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii) and (e)(2),
because: (1) The preliminary
determination is affirmative; (2) the
requesting exporter accounts for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
lotter on DSK11XQN23PROD with NOTICES1
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
15 See GFCL’s Letter, ‘‘Gujarat Fluorochemicals
Limited’s Request to Postpone Final
Determination,’’ dated August 5, 2021.
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Notification to Interested Parties
DEPARTMENT OF COMMERCE
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c) and 19 CFR 351.210(g).
International Trade Administration
Dated: August 25, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
The product covered by this investigation
is granular polytetrafluoroethylene (PTFE)
resin. PTFE is covered by the scope of this
investigation whether filled or unfilled,
whether or not modified, and whether or not
containing co-polymer, additives, pigments,
or other materials. Also included is PTFE wet
raw polymer. The chemical formula for PTFE
is C2F4, and the Chemical Abstracts Service
Registry number is 9002–84–0.
Subject merchandise includes material
matching the above description that has been
finished, packaged, or otherwise processed in
a third country, including by filling,
modifying, compounding, packaging with
another product, or performing any other
finishing, packaging, or processing that
would not otherwise remove the
merchandise from the scope of the
investigation if performed in the country of
manufacture of the granular PTFE.
The product covered by this investigation
does not include dispersion or coagulated
dispersion (also known as fine powder)
PTFE.
PTFE further processed into micropowder,
having particle size typically ranging from 1
to 25 microns, and a melt-flow rate no less
than 0.1 gram/10 minutes, is excluded from
the scope of this investigation.
Granular PTFE is classified in the
Harmonized Tariff Schedule of the United
States (HTSUS) under subheading
3904.61.0010. Subject merchandise may also
be classified under HTSUS subheading
3904.69.5000. Although the HTSUS
subheadings and CAS Number are provided
for convenience and Customs purposes, the
written description of the scope is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Adjustment to Cash Deposit Rate for
Export Subsidies
VI. Affirmative Preliminary Determination of
Critical Circumstances
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021–18969 Filed 9–1–21; 8:45 am]
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Wooden Cabinets and Vanities and
Components Thereof From the
People’s Republic of China: Initiation
and Preliminary Results of
Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is initiating a changed
circumstances review (CCR) of the
antidumping duty (AD) order on
wooden cabinets and vanities and
components thereof (cabinets) from the
People’s Republic of China (China) and
simultaneously issuing preliminarily
results, finding that Goldenhome Living
Co., Ltd., (Goldenhome) is the
successor-in-interest to Xiamen
Goldenhome Co., Ltd., (Xiamen
Goldenhome).
DATES: Effective September 2, 2021.
FOR FURTHER INFORMATION CONTACT:
Jacob Keller, AD/CVD Operations Office
I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4849.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Investigation
BILLING CODE 3510–DS–P
[A–570–106]
Background
On April 21, 2020, we published in
the Federal Register an AD order on
cabinets from China, which included
Xiamen Goldenhome.1 Pursuant to the
Order, Commerce assigned Xiamen
Goldenhome an AD cash deposit rate,
adjusted for a subsidy offset, of 37.96
percent, based on the non-selected
respondent rate.2
On July 19, 2021, Goldenhome
informed Commerce that, as of October
9, 2020, Xiamen Goldenhome changed
its name to ‘‘Goldenhome Living Co.,
Ltd.’’ 3 Goldenhome stated the change
was in name only; all other former
business operations remain unchanged.4
Goldenhome requested that Commerce
conduct a CCR and find that
Goldenhome is the successor-in-interest
1 See Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China: Antidumping Duty Order, 85 FR 22126
(April 21, 2020) (Order).
2 Id., 85 FR at 22127.
3 See Goldenhome’s Letter, ‘‘Wooden Cabinets
and Vanities and Components Thereof from the
People’s Republic of China; Request for Changed
Circumstances Review (A–570–106),’’ dated July 19,
2021.
4 Id. at 1–2 and 4.
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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices
to Xiamen Goldenhome, and that it be
subject to Xiamen Goldenhome’s AD
margin, pursuant to section 751(b) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.216(b).5 After finding
Goldenhome did not address the good
cause requirement in its initial request
pursuant to 19 CFR 351.216(c),
Commerce issued a letter to
Goldenhome requesting it demonstrate
good cause.6 On August 30, 2021,
Goldenhome filed its response
demonstrating good cause in accordance
with 19 CFR 351.216(c).7 We did not
receive comments from other interested
parties concerning this request.
Scope of the Order
The products covered by the Order
are wooden cabinets and vanities that
are for permanent installation
(including floor mounted, wall
mounted, ceiling hung or by attachment
of plumbing), and wooden components
thereof. For a complete description of
the scope of the Order, see the
Preliminary Decision Memorandum.8
Initiation of Changed Circumstances
Review
Section 751(b)(4)(B) of the Act and 19
CFR 351.216(c) state that, ‘‘in the
absence of good cause shown,’’ the
Secretary of Commerce may not review
a final AD or countervailing duty (CVD)
determination less than 24 months after
the date of publication of the notice of
final determination or notice of
suspension of an investigation. The final
determination of the AD investigation of
cabinets from China published on
February 28, 2020.9 Goldenhome argues
that good cause exists to ensure the
appropriate cash deposit rate applies to
Goldenhome’s entries and that
Commerce previously found in similar
situations that a name change, with no
further changes in the company’s
operations, constitutes good cause
pursuant to 19 CFR 351.216(c) to initiate
lotter on DSK11XQN23PROD with NOTICES1
5 Id.
6 See Commerce’s Letter, ‘‘Supplemental
Questionnaire Changed Circumstances Review
Request Goldenhome Living Co., Ltd.
(Goldenhome),’’ dated August 25, 2021.
7 See Goldenhome’s Letter, ‘‘Wooden Cabinets
and Vanities and Components Thereof from the
People’s Republic of China; Response to Second
Supplemental Questionnaire (A–570–106),’’ dated
August 27, 2021 (Good Cause Response).
8 See Memorandum, ‘‘Wooden Cabinets and
Vanities and Components Thereof from the People’s
Republic of China: Initiation and Preliminary
Results of the Changed Circumstances Review;
Preliminary Decision Memorandum,’’ dated
concurrently with, and hereby adopted by this
notice (Preliminary Decision Memorandum).
9 See Wooden Cabinets and Vanities and
Components Thereof from the People’s Republic of
China: Final Affirmative Determination of Sales at
Less Than Fair Value, 85 FR 11953 (February 28,
2020).
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17:33 Sep 01, 2021
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a CCR.10 Therefore, we preliminarily
find that good cause has been shown
pursuant to 19 CFR 351.216(c) to initiate
a CCR less than 24 months after the
publication of the notice of final
determination.11
Pursuant to section 751(b)(1)(A) of the
Act and 19 CFR 351.216(d), Commerce
will conduct a CCR upon receipt of
information concerning, or a request
from, an interested party for a review of
an AD order which shows changed
circumstances sufficient to warrant a
review of the order. We preliminarily
find the information provided sufficient
to warrant a CCR of the Order.
Specifically, the information submitted
by Goldenhome supporting its claim
that Goldenhome is the successor-ininterest to Xiamen Goldenhome
demonstrates changed circumstances
sufficient to warrant such a review.12 In
accordance with 751(b)(1)(A) of the Act
and 19 CFR 351.216(d), we are initiating
a CCR based on the information
contained in Goldenhome’s submission
to determine whether Goldenhome is
the successor-in-interest to Xiamen
Goldenhome.
Section 351.221(c)(3)(ii) of
Commerce’s regulations permits
Commerce to combine the notice of
initiation of a CCR and the notice of
preliminary results if Commerce
concludes that expedited action is
warranted.13 In this instance, because
the record contains information
necessary to make a preliminary
finding, we find that expedited action is
warranted and have combined the
notice of initiation and the notice of
preliminary results.14
10 See Good Cause Response at 2–3 (citing Bulk
Aspirin from the People’s Republic of China;
Initiation of Changed Circumstances Antidumping
Duty Administrative Review, 67 FR 39344 (June 7,
2002); Certain Circular Welded Non-Alloy Steel
Pipe from the Republic of Korea; Initiation of
Changed Circumstances Antidumping Duty
Administrative Review, 66 FR 12460 (February 27,
2001); and Notice of Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review: Certain Passenger Vehicle
and Light Truck Tires From the People’s Republic
of China, 81 FR 44588 (July 8, 2018)). See also
Certain Aluminum Foil and Common Alloy
Aluminum Sheet from the People’s Republic of
China: Notice of Initiation and Preliminary
Determination of Antidumping Duty and
Countervailing Duty Changed Circumstances
Reviews, 84 FR 48909 (September 17, 2019), and
accompanying Preliminary Decision Memorandum
at 4–5.
11 See Preliminary Decision Memorandum at 4–5.
12 See 19 CFR 351.216(d).
13 See 19 CFR 351.221(c)(3)(ii).
14 See, e.g., Notice of Initiation and Preliminary
Results of Changed Circumstances Reviews: Certain
Passenger Vehicle and Light Truck Tires from the
People’s Republic of China, 85 FR 5193 (January 29,
2020), unchanged in Certain Passenger Vehicle and
Light Truck Tires from the People’s Republic of
China: Final Results of Changed Circumstances
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49303
Preliminary Results of Changed
Circumstances Review
In determining whether one company
is the successor to another for AD
purposes, Commerce examines several
factors including, but not limited to,
changes in: (1) Management; (2)
production facilities; (3) suppliers; and
(4) customer base. While no one, or
several, of these factors will necessarily
provide a dispositive indication of
succession, Commerce will generally
consider one company to be the
successor to another company if its
resulting operations are essentially the
same as those of its predecessor. Thus,
if the evidence demonstrates that, with
respect to the production and sale of the
subject merchandise, the company, in
its current form, operates as essentially
the same business entity as the prior
company, Commerce will assign the
new company the cash deposit rate of
its predecessor.15
In accordance with 19 CFR 351.216,
we preliminarily determine that
Goldenhome is the successor-in-interest
to Xiamen Goldenhome. Record
evidence, as submitted by Goldenhome,
indicates that, based on the totality of
the circumstances under Commerce’s
successor-in-interest criteria,
Goldenhome’s management and
business relations are virtually identical
to those of Xiamen Goldenhome before
the name change with respect to the
merchandise under review. Moreover,
we preliminarily find that
Goldenhome’s production facilities,
supplier relationships, and customer
base, regarding the merchandise under
review, are substantially the same as
Xiamen Goldenhome before the name
change. For the complete successor-ininterest analysis, see the Preliminary
Decision Memorandum.
Should the final results of review
remain the same as these preliminary
results of review, effective the date of
publication of the final results of
review, we will instruct U.S. Customs
and Border Protection to apply to
entries of subject merchandise exported
by Goldenhome the AD cash deposit
rate applicable to Xiamen Goldenhome.
Public Comment
Interested parties may submit case
briefs no later than 14 days after the
Reviews, 85 FR 14638 (March 13, 2020) (Passenger
Vehicle and Light Truck Tires from China CCR).
15 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).
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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices
date of publication of this notice.16
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than seven days after the time limit for
filing case briefs.17 Commerce modified
certain of its requirements for serving
documents containing business
proprietary information until further
notice.18 Parties who submit case briefs
or rebuttal briefs in this proceeding are
requested to submit with each brief: (1)
A statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.19 Executive
summaries should be limited to five
pages total, including footnotes.20 All
submissions, with limited exceptions,
must be filed electronically using
ACCESS.21 Electronically filed
comments must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5 p.m.
Eastern Time on the due date.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS. Requests
should contain: (1) The party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case briefs. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5:00 p.m. Eastern Time
within 14 days after the date of
publication of this notice.22
Consistent with 19 CFR 351.216(e),
Commerce intends 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 of
publication of these preliminary results,
if all parties agree to our preliminary
finding.
lotter on DSK11XQN23PROD with NOTICES1
Notification to Interested Parties
This notice is published in
accordance with sections 751(b)(1) and
16 Commerce is exercising its discretion under 19
CFR 351.309(c)(1)(ii) to alter the time limit for the
filing of case briefs.
17 See 19 CFR 351.309(d)(1); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
18 See Temporary Rule.
19 See 19 CFR 351.309(c)(2) and (d)(2).
20 Id.
21 See 19 CFR 351.303.
22 Commerce is exercising its discretion under 19
CFR 351.310(c) to alter the time limit for requesting
a hearing.
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17:33 Sep 01, 2021
Jkt 253001
777(i) of the Act, and 19 CFR 351.216(b)
and 351.221(c)(3).
Dated: August 30, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Good Cause
V. Successor-In-Interest Determination
VI. Recommendation
[FR Doc. 2021–18992 Filed 9–1–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–867]
Large Power Transformers From the
Republic of Korea: Preliminary Results
of Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments, 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) preliminarily finds that
large power transformers from the
Republic of Korea were sold in the
United States at less than normal value
during the period of review (POR),
August 1, 2019, through July 31, 2020.
Interested parties are invited to
comment on these preliminary results.
SUMMARY:
DATES:
Applicable September 2, 2021.
John
Drury, 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) 482–0195.
FOR FURTHER INFORMATION CONTACT:
dated concurrently with these results
and hereby adopted by this notice.2
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
Access to ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html. A list of topics discussed in
the Preliminary Decision Memorandum
is attached as an appendix to this
notice.
Scope of the Order
The scope of this order covers large
liquid dielectric power transformers
having a top power handling capacity
greater than or equal to 60,000 kilovolt
amperes (60 megavolt amperes),
whether assembled or unassembled,
complete or incomplete. The
merchandise subject to the order is
currently classified in the Harmonized
Tariff Schedule of the United States at
subheadings 8504.23.0040,
8504.23.0080 and 8504.90.9540. This
tariff classification is provided for
convenience and Customs purposes;
however, the written description of the
scope of the order is dispositive.3
Methodology
Commerce is conducting this review
in accordance with section 751(a)(2) of
the Tariff Act of 1930, as amended (the
Act). For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Preliminary Determination of No
Shipments
On October 27, 2020, LS Electric Co.,
Ltd. (LS Electric), formerly known as
LSIS Co., Ltd. (LSIS) 4 timely notified
Commerce that it had no exports, sales,
or entries of subject merchandise during
the POR.5 Commerce issued a no
SUPPLEMENTARY INFORMATION:
Background
Commerce initiated this review on
October 6, 2020.1 We selected one
mandatory respondent in this review,
Hyosung Heavy Industries Corporation
(Hyosung). For a more detailed
description of the events that followed
the initiation of this review, see the
Preliminary Decision Memorandum,
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
63082 (October 6, 2020).
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2 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Large Power Transformers
from the Republic of Korea; 2019–2020,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
3 The full text of the scope of the order is
contained in Preliminary Decision Memorandum.
4 Commerce determined that LS Electric is the
successor-in-interest to LSIS. See Large Power
Transformers from the Republic of Korea: Final
Results of Antidumping Duty Administrative
Review, Final Determination of No Shipments, and
Final Successor-in-Interest Determination; 2018–
2019, 86 FR 30915 (June 10, 2021).
5 See LS Electric’s Letter, ‘‘Large Power
Transformers from the Republic of Korea: LS
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]]>Agencies
[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49302-49304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18992]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-106]
Wooden Cabinets and Vanities and Components Thereof From the
People's Republic of China: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is initiating a changed
circumstances review (CCR) of the antidumping duty (AD) order on wooden
cabinets and vanities and components thereof (cabinets) from the
People's Republic of China (China) and simultaneously issuing
preliminarily results, finding that Goldenhome Living Co., Ltd.,
(Goldenhome) is the successor-in-interest to Xiamen Goldenhome Co.,
Ltd., (Xiamen Goldenhome).
DATES: Effective September 2, 2021.
FOR FURTHER INFORMATION CONTACT: Jacob Keller, AD/CVD Operations Office
I, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-4849.
SUPPLEMENTARY INFORMATION:
Background
On April 21, 2020, we published in the Federal Register an AD order
on cabinets from China, which included Xiamen Goldenhome.\1\ Pursuant
to the Order, Commerce assigned Xiamen Goldenhome an AD cash deposit
rate, adjusted for a subsidy offset, of 37.96 percent, based on the
non-selected respondent rate.\2\
---------------------------------------------------------------------------
\1\ See Wooden Cabinets and Vanities and Components Thereof from
the People's Republic of China: Antidumping Duty Order, 85 FR 22126
(April 21, 2020) (Order).
\2\ Id., 85 FR at 22127.
---------------------------------------------------------------------------
On July 19, 2021, Goldenhome informed Commerce that, as of October
9, 2020, Xiamen Goldenhome changed its name to ``Goldenhome Living Co.,
Ltd.'' \3\ Goldenhome stated the change was in name only; all other
former business operations remain unchanged.\4\ Goldenhome requested
that Commerce conduct a CCR and find that Goldenhome is the successor-
in-interest
[[Page 49303]]
to Xiamen Goldenhome, and that it be subject to Xiamen Goldenhome's AD
margin, pursuant to section 751(b) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.216(b).\5\ After finding Goldenhome
did not address the good cause requirement in its initial request
pursuant to 19 CFR 351.216(c), Commerce issued a letter to Goldenhome
requesting it demonstrate good cause.\6\ On August 30, 2021, Goldenhome
filed its response demonstrating good cause in accordance with 19 CFR
351.216(c).\7\ We did not receive comments from other interested
parties concerning this request.
---------------------------------------------------------------------------
\3\ See Goldenhome's Letter, ``Wooden Cabinets and Vanities and
Components Thereof from the People's Republic of China; Request for
Changed Circumstances Review (A-570-106),'' dated July 19, 2021.
\4\ Id. at 1-2 and 4.
\5\ Id.
\6\ See Commerce's Letter, ``Supplemental Questionnaire Changed
Circumstances Review Request Goldenhome Living Co., Ltd.
(Goldenhome),'' dated August 25, 2021.
\7\ See Goldenhome's Letter, ``Wooden Cabinets and Vanities and
Components Thereof from the People's Republic of China; Response to
Second Supplemental Questionnaire (A-570-106),'' dated August 27,
2021 (Good Cause Response).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are wooden cabinets and vanities
that are for permanent installation (including floor mounted, wall
mounted, ceiling hung or by attachment of plumbing), and wooden
components thereof. For a complete description of the scope of the
Order, see the Preliminary Decision Memorandum.\8\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Wooden Cabinets and Vanities and
Components Thereof from the People's Republic of China: Initiation
and Preliminary Results of the Changed Circumstances Review;
Preliminary Decision Memorandum,'' dated concurrently with, and
hereby adopted by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Initiation of Changed Circumstances Review
Section 751(b)(4)(B) of the Act and 19 CFR 351.216(c) state that,
``in the absence of good cause shown,'' the Secretary of Commerce may
not review a final AD or countervailing duty (CVD) determination less
than 24 months after the date of publication of the notice of final
determination or notice of suspension of an investigation. The final
determination of the AD investigation of cabinets from China published
on February 28, 2020.\9\ Goldenhome argues that good cause exists to
ensure the appropriate cash deposit rate applies to Goldenhome's
entries and that Commerce previously found in similar situations that a
name change, with no further changes in the company's operations,
constitutes good cause pursuant to 19 CFR 351.216(c) to initiate a
CCR.\10\ Therefore, we preliminarily find that good cause has been
shown pursuant to 19 CFR 351.216(c) to initiate a CCR less than 24
months after the publication of the notice of final determination.\11\
---------------------------------------------------------------------------
\9\ See Wooden Cabinets and Vanities and Components Thereof from
the People's Republic of China: Final Affirmative Determination of
Sales at Less Than Fair Value, 85 FR 11953 (February 28, 2020).
\10\ See Good Cause Response at 2-3 (citing Bulk Aspirin from
the People's Republic of China; Initiation of Changed Circumstances
Antidumping Duty Administrative Review, 67 FR 39344 (June 7, 2002);
Certain Circular Welded Non-Alloy Steel Pipe from the Republic of
Korea; Initiation of Changed Circumstances Antidumping Duty
Administrative Review, 66 FR 12460 (February 27, 2001); and Notice
of Initiation and Preliminary Results of Antidumping Duty Changed
Circumstances Review: Certain Passenger Vehicle and Light Truck
Tires From the People's Republic of China, 81 FR 44588 (July 8,
2018)). See also Certain Aluminum Foil and Common Alloy Aluminum
Sheet from the People's Republic of China: Notice of Initiation and
Preliminary Determination of Antidumping Duty and Countervailing
Duty Changed Circumstances Reviews, 84 FR 48909 (September 17,
2019), and accompanying Preliminary Decision Memorandum at 4-5.
\11\ See Preliminary Decision Memorandum at 4-5.
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Pursuant to section 751(b)(1)(A) of the Act and 19 CFR 351.216(d),
Commerce will conduct a CCR upon receipt of information concerning, or
a request from, an interested party for a review of an AD order which
shows changed circumstances sufficient to warrant a review of the
order. We preliminarily find the information provided sufficient to
warrant a CCR of the Order. Specifically, the information submitted by
Goldenhome supporting its claim that Goldenhome is the successor-in-
interest to Xiamen Goldenhome demonstrates changed circumstances
sufficient to warrant such a review.\12\ In accordance with
751(b)(1)(A) of the Act and 19 CFR 351.216(d), we are initiating a CCR
based on the information contained in Goldenhome's submission to
determine whether Goldenhome is the successor-in-interest to Xiamen
Goldenhome.
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\12\ See 19 CFR 351.216(d).
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Section 351.221(c)(3)(ii) of Commerce's regulations permits
Commerce to combine the notice of initiation of a CCR and the notice of
preliminary results if Commerce concludes that expedited action is
warranted.\13\ In this instance, because the record contains
information necessary to make a preliminary finding, we find that
expedited action is warranted and have combined the notice of
initiation and the notice of preliminary results.\14\
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\13\ See 19 CFR 351.221(c)(3)(ii).
\14\ See, e.g., Notice of Initiation and Preliminary Results of
Changed Circumstances Reviews: Certain Passenger Vehicle and Light
Truck Tires from the People's Republic of China, 85 FR 5193 (January
29, 2020), unchanged in Certain Passenger Vehicle and Light Truck
Tires from the People's Republic of China: Final Results of Changed
Circumstances Reviews, 85 FR 14638 (March 13, 2020) (Passenger
Vehicle and Light Truck Tires from China CCR).
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Preliminary Results of Changed Circumstances Review
In determining whether one company is the successor to another for
AD purposes, Commerce examines several factors including, but not
limited to, changes in: (1) Management; (2) production facilities; (3)
suppliers; and (4) customer base. While no one, or several, of these
factors will necessarily provide a dispositive indication of
succession, Commerce will generally consider one company to be the
successor to another company if its resulting operations are
essentially the same as those of its predecessor. Thus, if the evidence
demonstrates that, with respect to the production and sale of the
subject merchandise, the company, in its current form, operates as
essentially the same business entity as the prior company, Commerce
will assign the new company the cash deposit rate of its
predecessor.\15\
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\15\ 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).
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In accordance with 19 CFR 351.216, we preliminarily determine that
Goldenhome is the successor-in-interest to Xiamen Goldenhome. Record
evidence, as submitted by Goldenhome, indicates that, based on the
totality of the circumstances under Commerce's successor-in-interest
criteria, Goldenhome's management and business relations are virtually
identical to those of Xiamen Goldenhome before the name change with
respect to the merchandise under review. Moreover, we preliminarily
find that Goldenhome's production facilities, supplier relationships,
and customer base, regarding the merchandise under review, are
substantially the same as Xiamen Goldenhome before the name change. For
the complete successor-in-interest analysis, see the Preliminary
Decision Memorandum.
Should the final results of review remain the same as these
preliminary results of review, effective the date of publication of the
final results of review, we will instruct U.S. Customs and Border
Protection to apply to entries of subject merchandise exported by
Goldenhome the AD cash deposit rate applicable to Xiamen Goldenhome.
Public Comment
Interested parties may submit case briefs no later than 14 days
after the
[[Page 49304]]
date of publication of this notice.\16\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the time limit for filing case briefs.\17\ Commerce modified
certain of its requirements for serving documents containing business
proprietary information until further notice.\18\ Parties who submit
case briefs or rebuttal briefs in this proceeding are requested to
submit with each brief: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\19\ Executive
summaries should be limited to five pages total, including
footnotes.\20\ All submissions, with limited exceptions, must be filed
electronically using ACCESS.\21\ Electronically filed comments must be
received successfully in its entirety by Commerce's electronic records
system, ACCESS, by 5 p.m. Eastern Time on the due date.
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\16\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\17\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\18\ See Temporary Rule.
\19\ See 19 CFR 351.309(c)(2) and (d)(2).
\20\ Id.
\21\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) The party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. If a request for a hearing
is made, Commerce intends to hold the hearing at a time and date to be
determined. An electronically filed hearing request must be received
successfully in its entirety by Commerce's electronic records system,
ACCESS, by 5:00 p.m. Eastern Time within 14 days after the date of
publication of this notice.\22\
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\22\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
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Consistent with 19 CFR 351.216(e), Commerce intends 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 of publication of
these preliminary results, if all parties agree to our preliminary
finding.
Notification to Interested Parties
This notice is published in accordance with sections 751(b)(1) and
777(i) of the Act, and 19 CFR 351.216(b) and 351.221(c)(3).
Dated: August 30, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Good Cause
V. Successor-In-Interest Determination
VI. Recommendation
[FR Doc. 2021-18992 Filed 9-1-21; 8:45 am]
BILLING CODE 3510-DS-P
