[Federal Register Volume 69, Number 109 (Monday, June 7, 2004)]
[Notices]
[Pages 31789-31791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12806]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-867]


Notice of Preliminary Results of Antidumping Duty Changed 
Circumstances Review: Automotive Replacement Glass Windshields from the 
People's Republic of China

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.

ACTION: Notice of Preliminary Results of Antidumping Duty Changed 
Circumstances Review.

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SUMMARY: On March 8, 2004, the Department of Commerce (``Department'') 
published a notice of initiation of changed circumstances review of the 
antidumping duty order on Automotive Replacement Glass (``ARG'') 
Windshields from the People's Republic of China (``PRC'') to determine 
whether Shenzhen CSG Automotive Glass Co., Ltd. (``Shenzhen CSG'') is 
the successor-in-interest to Shenzhen Benxun AutoGlass Co., Ltd. 
(``Shenzhun Benxun'') for purposes of determining antidumping and 
countervailing duty liabilities. See Initiation of Antidumping Duty 
Changed Circumstances Review: Automotive Replacement Glass Windshields 
from the People's Republic of China, 69 FR 10655 (March 8, 2004) 
(``Notice of Initiation''). We have preliminarily determined that 
Shenzhen CSG is the successor-in-interest to Shenzhun Benxun, for 
purposes of determining antidumping duty liability in this proceeding. 
Interested parties are invited to comment on these preliminary results.

EFFECTIVE DATE: June 7, 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 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. 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 was in fact a successor in interest to Shenzhen Benxun. 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 an 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). 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, the Department 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 its 
sales and

[[Page 31790]]

entries of subject merchandise exported to the United States 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 AutoGlass Co., Ltd. at its company-specific rate, but to 
liquidate entries from Shenzhen CSG Automotive Glass Co., Ltd. at the 
PRC-wide rate because the Department never had an opportunity to 
determine whether Shenzhen CSG was 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 PRC-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.
    On March 8, 2004, the Department published a notice of initiation 
of changed circumstances review of the antidumping duty order on ARG 
Windshields from the PRC to determine whether Shenzhen CSG is the 
successor-in-interest to Shenzhun Benxun for purposes of determining 
antidumping liabilities. See Notice of Initiation. On March 17, 2004, 
the Department issued a Successorship Questionnaire to Shenzhun Benxun. 
Shenzhen Benxun submitted its response to the Department's 
Successorship questionnaire on April 6, 2004 (``Shenzhen Benxun's 
Response'').

Scope of the Review

    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 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.

Preliminary Results of the Review

    In Shenzhen Benxun's response, Shenzhen Benxun advised the 
Department that the firm had legally changed its name from Shenzhen 
Benxun AutoGlass Co., Ltd. to Shenzhen CSG Automotive Glass Co., Ltd.
    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) production facilities; (3) supplier relationships; and 
(4) customer base. See Brass Sheet and Strip from Canada: Notice of 
Final Results of Antidumping Administrative Review 57 FR 20460, 20462 
(May 13, 1992) (``Canada Brass''). While no single factor or 
combination of factors will necessarily be dispositive, the Department 
generally will consider the new company to be the successor to the 
predecessor company if the resulting operations are essentially the 
same as those of the predecessor company. See Industrial Phosphoric 
Acid from Israel: Final Results of Changed Circumstances Review 59 FR 
6944, 6945 (February 14, 1994), and Canada Brass, 57 FR 20462. Thus, if 
the record 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 predecessor company, the Department may 
assign the new company the cash deposit rate of its predecessor. See 
Fresh and Chilled Atlantic Salmon from Norway: Final Results of Changes 
Circumstances Antidumping Duty Administrative Review 64 FR 9979, 9980 
(March 1, 1999).
    Our review of the evidence provided by Shenzhen Benxun indicates, 
preliminarily, that the change in its name has not changed the 
company's management, production facilities, supplier relationships, or 
customer base.
    Shenzhen Benxun provided copies and translations of the 
Notification of Name Change issued by the Shenzhen City Industry and 
Commerce Administrative Bureau. See Shenzhen Benxun's Response at 
Exhibit 1. Shenzhen Benxun provided copies and translations of the 
business licenses of both Shenzhen CSG and Shenzhen Benxun issued by 
the Shenzhen City Industry and Commerce Administrative Bureau. See 
Shenzhen Benxun's Response at Exhibit 2. The Notification of Name 
Change and the business licenses establish that the Shenzhen City 
Industry and Commerce Administrative Bureau recognized Shenzhen 
Benxun's name change to Shenzhen CSG on September 29, 2002.
    Shenzhen Benxun provided detailed organizational charts and lists 
of directors and managers both prior to and following the change of 
name to Shenzhen CSG. See Shenzhen Benxun's Response at Exhibit 4. 
These organizational charts and lists of directors and managers 
establish that the management and organizational structure of Shenzhen 
CSG is substantially the same as that of Shenzhen Benxun. Shenzhen 
Benxun explained that its production has not changed due to the name 
change. Shenzhen Benxun also noted that its key production managers 
remained the same both before and after the name change as an 
indication that the name change had no impact on the production of the 
company. See Shenzhen Benxun's Response at page 3. Shenzhen CSG's 
supplier relationships are reflective of those of Shenzhen Benxun as 
illustrated by the supplier lists provided. See Shenzhen Benxun's 
Response at Exhibit 5. Finally, Shenzhen Benxun provided the customer 
lists of both Shenzhen Benxun and Shenzhen CSG, which, while not 
identical, are sufficiently similar to show no significant change in 
the customer base. See Shenzhen Benxun's Response at Exhibit 6.
    In sum, the evidence now presented by Shenzhen Benxun establishes 
that Shenzhen CSG is the successor-in-interest to Shenzhen Benxun. The 
change of name has resulted in minimal changes to the original 
corporate structure of Shenzhen Benxun as it applies to the production 
of subject merchandise. Shenzhen CSG's management, production 
facilities, supplier relationships, sales facilities and customer base 
are essentially unchanged from those of Shenzhen Benxun. Therefore, the 
record evidence demonstrates that Shenzhen CSG

[[Page 31791]]

operates in the same manner as the predecessor company. Consequently, 
we preliminarily determine that Shenzhen CSG should be given the same 
antidumping duty treatment as Shenzhen Benxun.
    The cash deposit determination from this changed circumstances 
review will apply to all entries of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this changed circumstances review. 
See Notice of Final Results of Antidumping Duty Changed Circumstances 
Review: Pressure Sensitive Plastic Tape From Italy 69 FR 15297, 15298 
(March 25, 2004), see also, Certain Hot-Rolled Lead and Bismuth Carbon 
Steel Products From the United Kingdom: Final Results of Changed-
Circumstances Antidumping and Countervailing Duty Administrative 
Reviews 64 FR 66880, 66881 (November 30, 1999). This deposit rate shall 
remain in effect until publication of the final results of the next 
administrative review in which Shenzhen CSG participates.

Public Comment

    Interested parties are invited to comment on these preliminary 
results. Parties who submit argument in this proceeding are requested 
to submit with the argument: (1) a statement of the issue, and (2) a 
brief summary of the argument. Any interested party may request a 
hearing within 10 days of the date of publication of this notice. Any 
hearing, if requested, will be held no later than 25 days after the 
date of publication of this notice, or the first workday thereafter. 
Case briefs may be submitted by interested parties not later than 15 
days after the date of publication of this notice. Rebuttal briefs, 
limited to the issues raised in the case briefs, may be filed not later 
than 20 days after the date of publication of this notice. All written 
comments shall be submitted in accordance with 19 CFR 351.303. The 
Department will publish the final results of this changed circumstances 
review, including its analysis of issues raised in any written 
comments.
    This notice is in accordance with sections 751(b) and 777(i)(1) of 
the Tariff Act of 1930, as amended, and section 351.221(c)(3)(i) of the 
Department's regulations.

    Dated: May 27, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-12806 Filed 6-4-04; 8:45 am]
BILLING CODE 3510-DS-S