[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Notices]
[Pages 76561-76563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26600]


-----------------------------------------------------------------------

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: The Department of Commerce (the ``Department'') is 
simultaneously 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 Zhejiang ERA Solar Technology Co., Ltd 
(``Zhejiang ERA'') is the successor-in-interest to Era Solar Co., Ltd 
(``Era Solar''). Based on the information on the record, we 
preliminarily determine that Zhejiang ERA is the successor-in-interest 
to Era Solar for purposes of the AD order on solar cells from the PRC 
and, as such, is entitled to Zhejiang ERA's cash

[[Page 76562]]

deposit rate with respect to entries of subject merchandise. Interested 
parties are invited to comment on these preliminary results.

DATES: Effective November 3, 2016.

FOR FURTHER INFORMATION CONTACT: Jeff Pedersen or Eli Lovely, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-2769 and (2020 482-
1593, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 7, 2012, the Department published the AD order on solar 
cells from the PRC in the Federal Register.\1\ On August 31, 2016, 
Zhejiang ERA requested that the Department initiate an expedited 
changed circumstances review to determine that Zhejiang ERA is the 
successor-in-interest to Era Solar for AD purposes.\2\ On September 12, 
2016, Zhejiang ERA responded to a request for additional information 
from the Department issued on September 9, 2016.\3\ We have received no 
comments on Zhejiang ERA's CCR Request.
---------------------------------------------------------------------------

    \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 Zhejiang ERA to the Department regarding, 
``Re. Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules from the People's Republic of China: Request 
for Expedited Changed Circumstances Review'' (August 31, 2016) 
(``CCR Request'').
    \3\ See Letter from Hangzhou Sunny to the Department, regarding 
``Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules: Response to Supplemental Questionnaire of Zhejiang ERA 
Solar Technology Co., Ltd'' (September 12, 2016) (``Supplemental 
Response'').
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the Order is crystalline silicon 
photovoltaic cells, whether or not assembled into modules, subject to 
certain exclusions.\4\
---------------------------------------------------------------------------

    \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, ``Initiation and 
Preliminary Results of Changed Circumstances Review: Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, 
from the People's Republic of China'' (``Preliminary Decision 
Memorandum''), dated concurrently with, and adopted by, this notice.
---------------------------------------------------------------------------

    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 Tariff Act of 1930, as 
amended, (the ``Act'') and 19 CFR 351.216(d), the Department will 
conduct a changed circumstances review of an order upon receipt of 
information concerning, or of a request from an interested party for a 
review of, an 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 Zhejiang ERA, which includes 
information regarding a name change, demonstrates changed circumstances 
sufficient to warrant a review.\5\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------

    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 Zhejiang ERA is the successor-in-interest 
to Era Solar.

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 to make a preliminary determination.\7\ In this 
instance, because we have determined that the information necessary to 
support the request for a preliminary determination is on the record, 
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 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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    In its CCR Request and its Supplemental Response, Zhejiang ERA 
provided evidence demonstrating that it is essentially the same company 
as Era Solar.\11\ According to the information provided, the principal 
owners remained the same both pre- and post-name change. Further, 
although the nine-person board of directors was reduced from nine 
directors to three directors as a result of changes to Era Solar's 
legal form, the ultimate owners continued to occupy positions on the 
board after the name change. With regard to management, eight of the 
nine managers maintained their positions after the company name 
change.\12\ Regarding its production of the subject merchandise, 
Zhejiang ERA stated that its production facility is the same as that of 
Era Solar.\13\ Zhejiang ERA 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 customer base as a result of the name

[[Page 76563]]

change.\15\ Based on the foregoing, which is explained in greater 
detail in the Preliminary Decision Memorandum, we preliminarily 
determine that Zhejiang ERA is the successor-in-interest to Era Solar 
and, as such, that it is entitled to Zhejiang ERA's AD cash deposit 
rate with respect to entries of subject merchandise.
---------------------------------------------------------------------------

    \11\ See, generally, CCR Request and Supplemental Response.
    \12\ Id.
    \13\ Id.
    \14\ Id.
    \15\ Id.
---------------------------------------------------------------------------

    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 Zhejiang ERA at the AD 
cash deposit rate applicable to Era Solar.

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 case 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.\18\
---------------------------------------------------------------------------

    \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.
    \18\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 14 days of 
publication of this notice.\19\ 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.\20\
---------------------------------------------------------------------------

    \19\ The Department is exercising its discretion under 19 CFR 
351.310(c) to alter the time limit for requesting a hearing.
    \20\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    All submissions, with limited exceptions, must be filed 
electronically using Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System 
(``ACCESS'').\21\ 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.\22\
---------------------------------------------------------------------------

    \21\ 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.
    \22\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------

    Unless extended, consistent with 19 CFR 351.216(e), we intend to 
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: October 27, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-26600 Filed 11-2-16; 8:45 am]
 BILLING CODE 3510-DS-P