[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49302-49304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18992]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-106]


Wooden Cabinets and Vanities and Components Thereof 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 (Commerce) is initiating a changed 
circumstances review (CCR) of the antidumping duty (AD) order on wooden 
cabinets and vanities and components thereof (cabinets) from the 
People's Republic of China (China) and simultaneously issuing 
preliminarily results, finding that Goldenhome Living Co., Ltd., 
(Goldenhome) is the successor-in-interest to Xiamen Goldenhome Co., 
Ltd., (Xiamen Goldenhome).

DATES: Effective September 2, 2021.

FOR FURTHER INFORMATION CONTACT: Jacob Keller, AD/CVD Operations Office 
I, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-4849.

SUPPLEMENTARY INFORMATION: 

Background

    On April 21, 2020, we published in the Federal Register an AD order 
on cabinets from China, which included Xiamen Goldenhome.\1\ Pursuant 
to the Order, Commerce assigned Xiamen Goldenhome an AD cash deposit 
rate, adjusted for a subsidy offset, of 37.96 percent, based on the 
non-selected respondent rate.\2\
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    \1\ See Wooden Cabinets and Vanities and Components Thereof from 
the People's Republic of China: Antidumping Duty Order, 85 FR 22126 
(April 21, 2020) (Order).
    \2\ Id., 85 FR at 22127.
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    On July 19, 2021, Goldenhome informed Commerce that, as of October 
9, 2020, Xiamen Goldenhome changed its name to ``Goldenhome Living Co., 
Ltd.'' \3\ Goldenhome stated the change was in name only; all other 
former business operations remain unchanged.\4\ Goldenhome requested 
that Commerce conduct a CCR and find that Goldenhome is the successor-
in-interest

[[Page 49303]]

to Xiamen Goldenhome, and that it be subject to Xiamen Goldenhome's AD 
margin, pursuant to section 751(b) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.216(b).\5\ After finding Goldenhome 
did not address the good cause requirement in its initial request 
pursuant to 19 CFR 351.216(c), Commerce issued a letter to Goldenhome 
requesting it demonstrate good cause.\6\ On August 30, 2021, Goldenhome 
filed its response demonstrating good cause in accordance with 19 CFR 
351.216(c).\7\ We did not receive comments from other interested 
parties concerning this request.
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    \3\ See Goldenhome's Letter, ``Wooden Cabinets and Vanities and 
Components Thereof from the People's Republic of China; Request for 
Changed Circumstances Review (A-570-106),'' dated July 19, 2021.
    \4\ Id. at 1-2 and 4.
    \5\ Id.
    \6\ See Commerce's Letter, ``Supplemental Questionnaire Changed 
Circumstances Review Request Goldenhome Living Co., Ltd. 
(Goldenhome),'' dated August 25, 2021.
    \7\ See Goldenhome's Letter, ``Wooden Cabinets and Vanities and 
Components Thereof from the People's Republic of China; Response to 
Second Supplemental Questionnaire (A-570-106),'' dated August 27, 
2021 (Good Cause Response).
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Scope of the Order

    The products covered by the Order are wooden cabinets and vanities 
that are for permanent installation (including floor mounted, wall 
mounted, ceiling hung or by attachment of plumbing), and wooden 
components thereof. For a complete description of the scope of the 
Order, see the Preliminary Decision Memorandum.\8\
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    \8\ See Memorandum, ``Wooden Cabinets and Vanities and 
Components Thereof from the People's Republic of China: Initiation 
and Preliminary Results of the Changed Circumstances Review; 
Preliminary Decision Memorandum,'' dated concurrently with, and 
hereby adopted by this notice (Preliminary Decision Memorandum).
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Initiation of Changed Circumstances Review

    Section 751(b)(4)(B) of the Act and 19 CFR 351.216(c) state that, 
``in the absence of good cause shown,'' the Secretary of Commerce may 
not review a final AD or countervailing duty (CVD) determination less 
than 24 months after the date of publication of the notice of final 
determination or notice of suspension of an investigation. The final 
determination of the AD investigation of cabinets from China published 
on February 28, 2020.\9\ Goldenhome argues that good cause exists to 
ensure the appropriate cash deposit rate applies to Goldenhome's 
entries and that Commerce previously found in similar situations that a 
name change, with no further changes in the company's operations, 
constitutes good cause pursuant to 19 CFR 351.216(c) to initiate a 
CCR.\10\ Therefore, we preliminarily find that good cause has been 
shown pursuant to 19 CFR 351.216(c) to initiate a CCR less than 24 
months after the publication of the notice of final determination.\11\
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    \9\ See Wooden Cabinets and Vanities and Components Thereof from 
the People's Republic of China: Final Affirmative Determination of 
Sales at Less Than Fair Value, 85 FR 11953 (February 28, 2020).
    \10\ See Good Cause Response at 2-3 (citing Bulk Aspirin from 
the People's Republic of China; Initiation of Changed Circumstances 
Antidumping Duty Administrative Review, 67 FR 39344 (June 7, 2002); 
Certain Circular Welded Non-Alloy Steel Pipe from the Republic of 
Korea; Initiation of Changed Circumstances Antidumping Duty 
Administrative Review, 66 FR 12460 (February 27, 2001); and Notice 
of Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review: Certain Passenger Vehicle and Light Truck 
Tires From the People's Republic of China, 81 FR 44588 (July 8, 
2018)). See also Certain Aluminum Foil and Common Alloy Aluminum 
Sheet from the People's Republic of China: Notice of Initiation and 
Preliminary Determination of Antidumping Duty and Countervailing 
Duty Changed Circumstances Reviews, 84 FR 48909 (September 17, 
2019), and accompanying Preliminary Decision Memorandum at 4-5.
    \11\ See Preliminary Decision Memorandum at 4-5.
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    Pursuant to section 751(b)(1)(A) of the Act and 19 CFR 351.216(d), 
Commerce will conduct a CCR 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. We preliminarily find the information provided sufficient to 
warrant a CCR of the Order. Specifically, the information submitted by 
Goldenhome supporting its claim that Goldenhome is the successor-in-
interest to Xiamen Goldenhome demonstrates changed circumstances 
sufficient to warrant such a review.\12\ In accordance with 
751(b)(1)(A) of the Act and 19 CFR 351.216(d), we are initiating a CCR 
based on the information contained in Goldenhome's submission to 
determine whether Goldenhome is the successor-in-interest to Xiamen 
Goldenhome.
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    \12\ See 19 CFR 351.216(d).
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    Section 351.221(c)(3)(ii) of Commerce's regulations permits 
Commerce to combine the notice of initiation of a CCR and the notice of 
preliminary results if Commerce concludes that expedited action is 
warranted.\13\ In this instance, because the record contains 
information necessary to make a preliminary finding, we find that 
expedited action is warranted and have combined the notice of 
initiation and the notice of preliminary results.\14\
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    \13\ See 19 CFR 351.221(c)(3)(ii).
    \14\ See, e.g., Notice of Initiation and Preliminary Results of 
Changed Circumstances Reviews: Certain Passenger Vehicle and Light 
Truck Tires from the People's Republic of China, 85 FR 5193 (January 
29, 2020), unchanged in Certain Passenger Vehicle and Light Truck 
Tires from the People's Republic of China: Final Results of Changed 
Circumstances Reviews, 85 FR 14638 (March 13, 2020) (Passenger 
Vehicle and Light Truck Tires from China CCR).
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Preliminary Results of Changed Circumstances Review

    In determining whether one company is the successor to another for 
AD purposes, Commerce examines several factors including, but not 
limited to, changes in: (1) Management; (2) production facilities; (3) 
suppliers; and (4) customer base. While no one, or several, of these 
factors will necessarily provide a dispositive indication of 
succession, Commerce will generally consider one company to be the 
successor to another company if its resulting operations are 
essentially the same as those of its predecessor. Thus, if the evidence 
demonstrates that, with respect to the production and sale of the 
subject merchandise, the company, in its current form, operates as 
essentially the same business entity as the prior company, Commerce 
will assign the new company the cash deposit rate of its 
predecessor.\15\
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    \15\ 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).
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    In accordance with 19 CFR 351.216, we preliminarily determine that 
Goldenhome is the successor-in-interest to Xiamen Goldenhome. Record 
evidence, as submitted by Goldenhome, indicates that, based on the 
totality of the circumstances under Commerce's successor-in-interest 
criteria, Goldenhome's management and business relations are virtually 
identical to those of Xiamen Goldenhome before the name change with 
respect to the merchandise under review. Moreover, we preliminarily 
find that Goldenhome's production facilities, supplier relationships, 
and customer base, regarding the merchandise under review, are 
substantially the same as Xiamen Goldenhome before the name change. For 
the complete successor-in-interest analysis, see the Preliminary 
Decision Memorandum.
    Should the final results of review remain the same as these 
preliminary results of review, effective the date of publication of the 
final results of review, we will instruct U.S. Customs and Border 
Protection to apply to entries of subject merchandise exported by 
Goldenhome the AD cash deposit rate applicable to Xiamen Goldenhome.

Public Comment

    Interested parties may submit case briefs no later than 14 days 
after the

[[Page 49304]]

date of publication of this notice.\16\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the time limit for filing case briefs.\17\ Commerce modified 
certain of its requirements for serving documents containing business 
proprietary information until further notice.\18\ Parties who submit 
case briefs or rebuttal briefs in this proceeding are requested to 
submit with each brief: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\19\ Executive 
summaries should be limited to five pages total, including 
footnotes.\20\ All submissions, with limited exceptions, must be filed 
electronically using ACCESS.\21\ Electronically filed comments must be 
received successfully in its entirety by Commerce's electronic records 
system, ACCESS, by 5 p.m. Eastern Time on the due date.
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    \16\ Commerce is exercising its discretion under 19 CFR 
351.309(c)(1)(ii) to alter the time limit for the filing of case 
briefs.
    \17\ See 19 CFR 351.309(d)(1); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \18\ See Temporary Rule.
    \19\ See 19 CFR 351.309(c)(2) and (d)(2).
    \20\ Id.
    \21\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. If a request for a hearing 
is made, Commerce intends to hold the hearing at a time and date to be 
determined. An electronically filed hearing request must be received 
successfully in its entirety by Commerce's electronic records system, 
ACCESS, by 5:00 p.m. Eastern Time within 14 days after the date of 
publication of this notice.\22\
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    \22\ Commerce is exercising its discretion under 19 CFR 
351.310(c) to alter the time limit for requesting a hearing.
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    Consistent with 19 CFR 351.216(e), Commerce intends to issue the 
final results of this CCR no later than 270 days after the date on 
which this review was initiated, or within 45 days of publication of 
these preliminary results, if all parties agree to our preliminary 
finding.

Notification to Interested Parties

    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Act, and 19 CFR 351.216(b) and 351.221(c)(3).

    Dated: August 30, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Good Cause
V. Successor-In-Interest Determination
VI. Recommendation

[FR Doc. 2021-18992 Filed 9-1-21; 8:45 am]
BILLING CODE 3510-DS-P