[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Notices]
[Pages 9560-9561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02468]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Wooden Bedroom Furniture 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 (``the Department'') is 
simultaneously initiating, and issuing the preliminarily results of, a 
changed circumstances review of the antidumping duty (``AD'') order on 
wooden bedroom furniture (``WBF'') from the People's Republic of China 
(``PRC''). We preliminary determine that Yihua Lifestyle Technology 
Co., Ltd. (``Yihua Tech'') is the successor-in-interest to Guangdong 
Yihua Timber Industry Co., Ltd. (``Yihua Timber'') for purposes of the 
AD order on WBF from the PRC and, as such, is entitled to Yihua 
Timber's cash deposit rate with respect to entries of subject 
merchandise. Interested parties are invited to comment on this 
preliminary determination.

DATES: Effective February 7, 2017.

FOR FURTHER INFORMATION CONTACT: Jonathan Hill, 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) 482-3518.

SUPPLEMENTARY INFORMATION:

Background

    On January 5, 2005, the Department published the AD order on WBF 
from the PRC.\1\ On July 28, 2016, Yihua Tech requested that the 
Department initiate an expedited changed circumstances review (``CCR'') 
and determine that it is the successor-in-interest to Yihua Timber for 
purposes of determining AD liabilities.\2\ On September 9, 2016, the 
Department requested from Yihua Tech additional information in order to 
determine whether to initiate the requested CCR.\3\ On November 18, 
2016, Yihua Tech submitted an amendment to its CCR Request, which 
included the additional information requested by the Department.\4\ 
Thus, the 45-day time period for the Department to determine whether to 
initiate the requested changed circumstances review began on this 
date.\5\ On December 23, 2016, the Department determined that 
additional time was necessary to consider Yihua Tech's request for the 
changed circumstances reviews.\6\ Therefore, in accordance with 19 CFR 
351.302(b), the Department extended the time period for determining 
whether to initiate the requested changed circumstances reviews by an 
additional 30 days, until February 1, 2017. The Department received no 
comments on Yihua Tech's CCR Request.
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    \1\ See Notice of Amended Final Determination of Sales at Less 
Than Fair Value and Antidumping Duty Order: Wooden Bedroom Furniture 
from the People's Republic of China, 70 FR 329 (January 4, 2005) 
(``Order'').
    \2\ See Letter from Yihua Tech to the Secretary of Commerce 
``Wooden Bedroom Furniture from the People's Republic of China (AD) 
and Multilayered Wood Flooring from the People's Republic of China 
(AD/CVD); Request for Changed Circumstances Review,'' dated July 28, 
2016 (``CCR Request'').
    \3\ See Letter from Howard Smith, Program Manager, AD/CVD 
Operations, Office IV, Enforcement & Compliance to Yihua Tech dated 
September 9, 2016.
    \4\ See Letter from Yihua Tech to the Secretary of Commerce 
``Wooden Bedroom Furniture from the People's Republic of China (AD) 
and Multilayered Wood Flooring from the People's Republic of China 
(AD/CVD); Amendment to Request for Changed Circumstances Review,'' 
dated November 18, 2016 (``Amendment to CCR Request'').
    \5\ See 19 CFR 351.216(b).
    \6\ See Letter from Abdelali Elouaradia, Office Director, Office 
IV, AD/CVD Operations ``Wooden Bedroom Furniture from the People's 
Republic of China (Antidumping Duty Order) and Multilayered Wood 
Flooring from the People's Republic of China (Antidumping Duty and 
Countervailing Duty Orders): Request for a Changed Circumstances 
Review,'' dated December 23, 2016.
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Scope of the Order

    The product covered by the order is wooden bedroom furniture, 
subject to certain exceptions.\7\ Imports of subject merchandise are 
classified under the Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheadings: 9403.50.9042, 9403.50.9045, 9403.50.9041, 
9403.60.8081, 9403.20.0018, 9403.90.8041, 7009.92.1000, or 
7009.92.5000. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written product description in 
the Order remains dispositive.\8\
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    \7\ See Order, 70 FR at 332-33.
    \8\ For a complete description of the Scope of the Order, please 
see memorandum from Gary Taverman, Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations to 
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance ``Wooden Bedroom Furniture from the People's Republic of 
China: Preliminary Decision Memorandum of Changed Circumstances 
Review,'' dated concurrently with this notice (``Preliminary 
Decision Memorandum'').
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Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(``the Act''), and the Department's regulations (19 CFR 351.216 and 
351.221(c)(3)), 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 order which shows changed 
circumstances sufficient to warrant a review of the order. In the past, 
the Department has used CCRs to address the applicability of cash 
deposit rates after there have been changes in the name of a 
respondent, (``successor-in-interest'' or ``successorship'' 
determinations). The information submitted by Yihua Tech claiming that 
it is Yihua Timber's successor-in-interest relates to a name change. 
Specifically, Yihua Tech reported that effective May 17, 2016, the 
Guangdong Provincial Administration for Industry and Commerce approved 
Yihua Tech's change of name from Guangdong Yihua Timber Industry Co., 
Ltd. to Yihua Lifestyle Technology Co., Ltd., and approved a minor 
modification to Yihua Timber's business scope.\9\ Consistent with 
Department practice, the information submitted by Yihua Tech 
demonstrates changed circumstances sufficient to warrant a review.\10\ 
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 Yihua Tech is the successor-in-interest to Yihua 
Timber.
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    \9\ See CCR Request at Attachment 1.
    \10\ See 19 CFR 351.216(d).
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Preliminary Results

    When it concludes that expedited action is warranted, the 
Department may publish the notice of initiation and preliminary results 
of a CCR concurrently.\11\ The Department has

[[Page 9561]]

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.\12\ In this 
instance, because the record contains information necessary to support 
the request for a preliminary determination, 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).
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    \11\ See 19 CFR 351.221(c)(3)(ii).
    \12\ See, e.g., 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, 81 FR 76561 (November 3, 2016) (``Solar 
Cells PRC 2016''), unchanged in Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled Into Modules, From the People's 
Republic of China: Final Results of Changed Circumstances Review, 81 
FR 91909 (December 19, 2016).
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    In a CCR, we generally consider a company to be the successor to 
another company for AD cash deposit purposes if the operations of the 
successor are not materially dissimilar from those of its 
predecessor.\13\ In making this determination, 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.\14\ 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.\15\ 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.\16\
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    \13\ Id.
    \14\ 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).
    \15\ Id.
    \16\ See Solar Cells PRC 2016 at 76562.
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    In its CCR Request (and its Amendment,) Yihua Tech provided 
evidence demonstrating that its operations are not materially 
dissimilar from those of its predecessor.\17\ Specifically, Yihua Tech 
is managed and operated by the same management teams as those of Yihua 
Timber, with the exception of the change to the general manager, which 
occurred prior to the name change, and was unrelated to the name 
change.\18\ Further, Yihua has not added, or discontinued use of, 
wooden bedroom furniture production facilities as a result of the 
change in name.\19\ Finally, there have been non-material changes to 
the company's suppliers,\20\ and no changes to the company's customer 
base.\21\ Based on the foregoing, which is explained in greater detail 
in the Preliminary Decision Memorandum, we preliminarily determine that 
Yihua Tech is the successor-in-interest to Yihua Timber and, as such, 
that it is entitled to Yihua Timber's AD cash deposit rate with respect 
to entries of subject merchandise. Should our final results remain the 
same as these preliminary results, we will instruct U.S. Customs and 
Border Protection to assign entries of subject merchandise exported by 
Yihua Tech the AD cash-deposit rate applicable to Yihua Timber, 
effective the date of publication of the final results.
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    \17\ See generally CCR Request and Amendment to CCR Request.
    \18\ See CCR Request at Attachments 1 and 5 and Amendment to CCR 
Request at Attachments 2 and 3.
    \19\ See CCR Request at 4 and Attachment 4 and Amendment to CCR 
Request at 2-4 and Attachment 1.
    \20\ See CCR Request at Attachment 9 and Amendment to CCR 
Request at Attachment 4.
    \21\ See CCR Request at Attachment 10.
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Public Comment

    Interested parties may submit case briefs not later than 14 days 
after the date of publication of this notice.\22\ Rebuttal briefs, 
which must be limited to issues raised in such briefs, may be filed not 
later than seven days after the date of publication of this notice.\23\ 
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.\24\
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    \22\ 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.
    \23\ The Department is exercising its discretion under 19 CFR 
351.309(d)(I) to alter the time limit for the filing of rebuttal 
briefs.
    \24\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Any interested party may request a hearing within 14 days of 
publication of this notice.\25\ 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.\26\
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    \25\ The Department is exercising its discretion under 19 CFR 
351.310(c) to alter the time limit for requesting a hearing.
    \26\ 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'').\27\ 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.\28\
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    \27\ 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.
    \28\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures: Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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    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 
intend to issue and publish 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) of the Department's regulations.

    Dated: February 1, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-02468 Filed 2-6-17; 8:45 am]
 BILLING CODE 3510-DS-P