[Federal Register Volume 69, Number 45 (Monday, March 8, 2004)]
[Notices]
[Pages 10655-10656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5140]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-867


Automotive Replacement Glass Windshields from the People's 
Republic of China: Initiation of Changed Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce has received information sufficient 
to warrant initiation of a changed circumstances review of the 
antidumping order on Automotive Replacement Glass (``ARG'') Windshields 
from the People's Republic of China (``PRC''). The review will be 
conducted to determine whether Shenzhen CSG Automotive Glass Co., Ltd. 
(``Shenzhen CSG'') is the successor-in-interest to Shenzhen Benxun 
AutoGlass Co., Ltd. (``Shenzhun Benxun'').

EFFECTIVE DATE: March 8, 2004.

FOR FURTHER INFORMATION CONTACT: Jon Freed or Robert Bolling, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 
20230; telephone (202) 482-3818 or (202) 482-3434, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 4, 2002, the Department of Commerce (``the Department'') 
published in the Federal Register the antidumping duty order on 
automotive replacement glass (``ARG'') windshields from the PRC. See 
Antidumping Duty Order: Automotive Replacement Glass Windshields from 
the People's Republic of China, 67 FR 16087 (April 4, 2002). On April 
7, 2003, the Department published a notice of opportunity to request an 
administrative review of the antidumping duty order on ARG windshields 
from the PRC for the period September 19, 2001 through March 31, 2003. 
See Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity to Request Administrative Review, 68 FR 
16761 (April 7, 2003). On April 30, 2003, the Department received a 
letter on behalf of Shenzhen CSG Automotive Glass Co., Ltd. (``Shenzhen 
CSG'') requesting an administrative review of its sales and entries of 
subject merchandise. In its request, Shenzhen CSG indicated that it had 
undergone a name change, and that it had formerly been known as 
Shenzhen Benxun AutoGlass Co., Ltd. (``Shenzhen Benxun''). Shenzhen 
Benxun was a respondent in the original investigation of this case. The 
request for review did not include a request for a changed circumstance 
review to determine whether Shenzhen CSG is in fact a successor in 
interest to Shenzhen Benxun. Further, the Department did not advise 
Shenzhen CSG or Shenzhen Benxun that a successor in interest 
determination must be made before Shenzhen CSG would be entitled to 
Shenzhen Benxun's cash deposit rate. On May 21, 2003, in response to 
timely requests from respondents subject to the order on ARG 
windshields from the PRC, the Department published in the Federal 
Register a notice of initiation of this antidumping duty administrative 
review of sales by ten respondents, including ``Shenzhen CSG Automotive 
Glass Co., Ltd. (formerly known as Shenzhen Benxun AutoGlass Co., 
Ltd.)'' of ARG windshields from the PRC for the period September 19, 
2001 through March 31, 2003. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Request for Revocation 
in Part, 68 FR 27781 (May 21, 2003) (``Initiation Notice'').
    On June 3, 2003, the Department issued antidumping duty 
questionnaires to the respondents, including ``Shenzhen CSG Automotive 
Glass Co., Ltd. (formerly known as Shenzhen Benxun AutoGlass Co., 
Ltd.)''. On July 8, 2003, we received a letter from ``Shenzhen CSG 
Automotive Glass Co., Ltd. (formerly known as Shenzhen Benxun AutoGlass 
Co., Ltd.)'' withdrawing its request for an administrative review of 
sales and entries of subject merchandise exported by it and covered by 
the antidumping duty order on ARG windshields from the PRC. On 
September 8, 2003, the Department published in the Federal Register a 
notice of partial rescission of the administrative review on ARG 
windshields from the PRC, which included a rescission of the 
administrative review of sales and entries from ``Shenzhen CSG 
Automotive Glass Co., Ltd. (formerly known as Shenzhen Benxun AutoGlass 
Co., Ltd.)''. On December 29, 2003, the Department instructed Customs 
and Border Protection (``Customs'') to liquidate entries from Shenzhen 
Benxun at its cash deposit rate of 9.84%, but to liquidate entries from 
Shenzhen CSG at the China-wide rate of 124.5% because the Department 
never had an opportunity to determine whether Shenzhen CSG is a 
successor in interest to Shenzhen Benxun. On January 12, 2004, the 
Department received a letter on behalf of ``Shenzhen CSG Automotive 
Glass Co., Ltd. (formerly known as Shenzhen Benxun AutoGlass Co., 
Ltd.)'' requesting that the Department amend instructions sent to 
Customs that direct Customs to liquidate all of Shenzhen CSG's entries 
at the China wide-rate. Shenzhen CSG asserts that Shenzhen Benxun 
changed its name to Shenzhen CSG and that entries from Shenzhen CSG 
should be entitled to Shenzhen Benxun's cash deposit rate.

Scope

    The products covered by this review are ARG windshields, and parts 
thereof, whether clear or tinted, whether coated or not, and whether or 
not they include antennas, ceramics, mirror buttons or VIN notches, and 
whether or not they are encapsulated. ARG windshields are laminated 
safety glass (i.e., two layers of (typically float) glass with a sheet 
of clear or tinted plastic in between (usually polyvinyl butyral)), 
which are produced and sold for use by automotive glass installation 
shops to replace windshields in automotive vehicles (e.g., passenger 
cars, light trucks, vans, sport utility vehicles, etc.) that are 
cracked, broken or otherwise damaged.
    ARG windshields subject to this review are currently classifiable 
under

[[Page 10656]]

subheading 7007.21.10.10 of the Harmonized Tariff Schedules of the 
United States (HTSUS). Specifically excluded from the scope of this 
investigation are laminated automotive windshields sold for use in 
original assembly of vehicles. While HTSUS subheadings are provided for 
convenience and Customs purposes, our written description of the scope 
of this review is dispositive.

Initiation of Antidumping Duty Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act and 351.216 of the 
Department's regulations, the Department will conduct a changed 
circumstances review upon receipt of information concerning, or a 
request from an interested party for a review of, an antidumping duty 
finding which shows changed circumstances sufficient to warrant a 
review of the order. The information submitted by Shenzhen CSG claiming 
to show that Shenzhen CSG is the successor-in-interest to Shenzhen 
Benxun shows changed circumstances sufficient to warrant a review. See 
19 CFR 351.216(c) (2003).
    In accordance with section 751(b) of the Tariff Act and 351.216 of 
the Department's regulations, the Department is initiating a changed 
circumstances review to determine whether Shenzhun CSG is the successor 
in interest to Shenzhun Benxun. In antidumping duty changed 
circumstances reviews involving a successor-in-interest determination, 
the Department typically examines several factors including, but not 
limited to, changes in: (1) management, (2) organizational structure, 
(3) ownership, (4) production facilities, (5) supplier relationships, 
and (6) customer base. See, e.g., Stainless Steel Sheet and Strip in 
Coils From the Republic of Korea: Notice of Preliminary Results of 
Changed Circumstances Antidumping Duty Administrative Review, 66 FR 
67513, 67515 (December 31, 2001) and Brass Sheet and Strip from Canada; 
Final Results of Changed Circumstances Review, 57 FR 20460, 20461 (May 
13, 1992). While none of these factors is dispositive, the Department 
will generally consider the new company to be the successor to the 
previous company if its resulting operation is similar to that of the 
predecessor. See Industrial Phosphoric Acid from Israel; Final Results 
of Antidumping Duty Changed Circumstances Review, 59 FR 6944, 6946 
(February 14, 1994). Thus, if evidence demonstrates that, with respect 
to the production and sale of the subject merchandise, the new company 
operates as the same entity as the former company, the Department will 
treat the new company as the successor-in-interest to the predecessor. 
See Fresh and Chilled Atlantic Salmon from Norway: Final Results of 
Changed Circumstances Antidumping Duty Administrative Review, 64 FR 
9979, 9980 (March 1, 1999).
    The Department will publish in the Federal Register a notice of 
preliminary results of antidumping duty changed circumstances review, 
in accordance with section 351.216(c), and 351.221(b)(4) and 
351.221(c)(3)(i) of the Department's regulations. This notice will set 
forth the factual and legal conclusions upon which our preliminary 
results are based and a description of any action proposed based on 
those results. Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties 
will have an opportunity to comment on the preliminary results of 
review. In accordance with 19 CFR 351.216(e), the Department will issue 
the final results of its antidumping duty changed circumstances review 
not later than 270 days after the date of publication of this notice.
    During the course of this changed circumstances review, we will not 
change any cash deposit instructions on the merchandise subject to this 
review. Any changes if appropriate, will be made pursuant to the final 
results of this review.
    This notice of initiation is in accordance with sections 751(b)(1) 
of the Act and section 351.221(b)(1) of the Department's regulations.

    Dated: March 1, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-5140 Filed 3-5-04; 8:45 am]
BILLING CODE 3510-DS-S