[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Notices]
[Pages 33463-33465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12540]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Pursuant to section 751(b) of the Tariff Act of 1930, as 
amended (``the Act''), 19 CFR 351.216, and 19 CFR 351.221(c)(3), the 
Department of Commerce (the ``Department'') is initiating, and issuing 
the preliminary results, of a changed circumstances review of the 
antidumping duty (``AD'') order on crystalline silicon photovoltaic 
cells, whether or not assembled into modules, (``solar cells'') from 
the People's Republic of China (``PRC'') regarding whether Hangzhou 
Sunny Energy Science and Technology Co., Ltd. (``Hangzhou Sunny'') is 
the successor-in-interest to Hangzhou Zhejiang University Sunny Energy 
Science and Technology Co., Ltd. (``Hangzhou ZU Sunny''). Based on the 
information on the record, we preliminarily determine that Hangzhou 
Sunny is the successor-in-interest to Hangzhou ZU Sunny and, as such, 
is entitled to Hangzhou ZU Sunny's AD cash deposit rate with respect to 
entries of subject merchandise. Interested parties are invited to 
comment on these preliminary results.

DATES: Effective May 26, 2016.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2769.

SUPPLEMENTARY INFORMATION: 

Background

    On December 7, 2012, the Department published the antidumping order 
on solar cells from the PRC in the Federal

[[Page 33464]]

Register.\1\ On April 4, 2016, Hangzhou Sunny requested that the 
Department initiate an expedited changed circumstances review to 
determine that Hangzhou Sunny is the successor-in-interest to Hangzhou 
ZU Sunny for AD purposes.\2\ On May 4, 2016, Hangzhou Sunny responded 
to a supplemental questionnaire issued by the Department on April 29, 
2016.\3\
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    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China: Amended 
Final Determination of Sales at Less Than Fair Value, and 
Antidumping Duty Order, 77 FR 73018 (December 7, 2012) (``Order'').
    \2\ See Letter from Hangzhou Sunny to the Department regarding, 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules From the People's Republic of China: Request for 
Expedited Changed Circumstances Review'' (April 4, 2016) (``CCR 
Request'').
    \3\ See Letter from Hangzhou Sunny to the Department, regarding 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules From the People's Republic of China: Supplemental 
Response'' (May 4, 2016) (``Supplemental Response'').
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Scope of the Order

    The merchandise covered by the Order is crystalline silicon 
photovoltaic cells, whether or not assembled into modules, subject to 
certain exceptions.\4\ For the full scope of the Order, see the 
accompanying preliminary decision memorandum.
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    \4\ For a complete description of the Scope of the Order, see 
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, ``Preliminary 
Results of Changed Circumstances Review: Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the 
People's Republic of China'' (``Preliminary Results Memorandum''), 
dated concurrently with, and adopted by, this notice.
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    Imports of the subject merchandise are provided for under the 
following subheadings of the Harmonized Tariff Schedule of the United 
States (``HTSUS''): 8501.61.0000, 8507.20.80, 8541.40.6020, 
8541.40.6030, and 8501.31.8000. While HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
subject merchandise is dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), 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 AD order which shows changed circumstances sufficient to 
warrant a review of the order. In the past, the Department has used 
changed circumstances reviews 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 (``successor-in-interest,'' 
or ``successorship,'' determinations). Thus, consistent with Department 
practice, the information submitted by Hangzhou Sunny, which includes 
information regarding a name change, demonstrates changed circumstances 
sufficient to warrant a review.\5\
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    \5\ See 19 CFR 351.216(d).
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    Therefore, in accordance with section 751(b)(1) of the Act and 19 
CFR 351.216(d), the Department is initiating a changed circumstances 
review to determine whether Hangzhou Sunny is the successor-in-interest 
to Hangzhou ZU Sunny.

Preliminary Determination

    When it concludes that expedited action is warranted, the 
Department may publish the notice of initiation and preliminary results 
for a changed circumstances review concurrently.\6\ 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.\7\ In this instance, because we have determined 
that the information necessary to support the request is on the record, 
we find that expedited action is warranted, and 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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    \6\ See 19 CFR 351.221(c)(3)(ii).
    \7\ See, e.g., Notice of Initiation and Preliminary Results of 
Antidumping Duty Changed Circumstances Review: Certain Softwood 
Lumber Products from Canada, 70 FR 50299 (August 26, 2005).
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    In determining whether one company is the successor to another for 
purposes of applying the AD law, 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.\8\ While 
no one or several of these factors will necessarily provide a 
dispositive indication of succession, the Department will generally 
consider one company to be the successor to another company if its 
resulting operation is essentially the same as that of its 
predecessor.\9\ 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.\10\
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    \8\ See, e.g., 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).
    \9\ Id.
    \10\ See Notice of Final Results of Changed Circumstances 
Review: Polychloroprene Rubber from Japan, 69 FR 67890 (November 22, 
2004) citing, Brass Sheet and Strip from Canada: Notice of Final 
Results of Antidumping Duty Administrative Review, 57 FR 20460 (May 
13, 1992); and, Certain Circular Welded Carbon Steel Pipes and Tubes 
from Taiwan: Initiation of Antidumping Duty Changed Circumstance 
Review, 70 FR 17063 (April 4, 2005).
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    In its April 4, 2016 CCR Request and its May 4, 2016 Supplemental 
Response, Hangzhou Sunny provided evidence for us to preliminarily 
determine that it is the successor-in-interest to Hangzhou ZU Sunny. 
Specifically, Hangzhou Sunny demonstrated that it is essentially the 
same as Hangzhou ZU Sunny despite some changes to its predecessor's 
management, the production facility, suppliers, or the customer base 
following the name change.\11\
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    \11\ See, generally, CCR Request and Supplemental Response.
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    According to the information provided, although there were certain 
changes to the board of directors and management when comparing 
Hangzhou Sunny to Hangzhou ZU Sunny, Hangzhou Sunny is owned, managed 
and operated by the same principal owners as Hangzhou ZU Sunny.\12\ 
Regarding its production of the subject merchandise, Hangzhou Sunny has 
stated that its production facility is the same as that of Hangzhou ZU 
Sunny.\13\ Hangzhou Sunny also provided documentation showing that 
there has been no material changes in suppliers of inputs or services 
related to the production, sale and distribution of the subject 
merchandise \14\ or in the U.S. customer base.\15\ Based the foregoing, 
which is explained in greater detail in the Preliminary Results 
Memorandum, we preliminarily determine that Hangzhou Sunny is the 
successor-in-interest to Hangzhou ZU Sunny and, as such, that it is 
entitled to Hangzhou ZU Sunny's AD cash-deposit rate with respect to 
entries of subject merchandise.
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    \12\ See Preliminary Results Memorandum at 3.
    \13\ Id.
    \14\ Id., at 3.
    \15\ Id.
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    Should our final results remain the same as these preliminary 
results, effective the date of publication of the final results, we 
will instruct U.S. Customs and Border Protection to suspend liquidation 
of entries of subject merchandise exported by Hangzhou

[[Page 33465]]

Sunny at the AD cash-deposit rate applicable to Hangzhou ZU Sunny.

Public Comment

    Interested parties may submit case briefs not later than 14 days 
after the date of publication of this notice.\16\ Rebuttal briefs, 
which must be limited to issues raised in such briefs, may be filed not 
later than seven days after the due date for case briefs.\17\ Parties 
who submit case briefs or rebuttal briefs in this changed circumstances 
review are requested to submit with each argument: (1) A statement of 
the issue and (2) a brief summary of the argument with an electronic 
version included.
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    \16\ The Department is exercising its discretion under 19 CFR 
351.309(c)(1)(ii) to alter the time limit for the filing of case 
briefs.
    \17\ The Department is exercising its discretion under 19 CFR 
351.309(d)(1) to alter the time limit for the filing of rebuttal 
briefs.
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    Any interested party may request a hearing within 14 days of 
publication of this notice.\18\ 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.\19\
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    \18\ The Department is exercising its discretion under 19 CFR 
351.310(c) to alter the time limit for requesting a hearing.
    \19\ 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'').\20\ 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.\21\
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    \20\ ACCESS is available to registered users at https://access.trade.gov and available to all parties in the Central Records 
Unit, room B8024 of the main Department of Commerce building.
    \21\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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    Consistent with 19 CFR 351.216(e), we will issue the final results 
of this changed-circumstances review no later than 270 days after the 
date on which this review was initiated or within 45 days if all 
parties agree to the outcome of the review.
    We are issuing and publishing this initiation and preliminary 
results notice in accordance with sections 751(b)(1) and 777(i)(1) of 
the Act and 19 CFR 351.216 and 351.221(c)(3).

     Dated: May 20, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-12540 Filed 5-25-16; 8:45 am]
BILLING CODE 3510-DS-P