[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Notices]
[Pages 32195-32197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10725]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-890]


Antidumping Duty Order on Wooden Bedroom Furniture From the 
People's Republic of China: Preliminary Results of Changed 
Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Zhangzhou XMB Home Technology Co., Ltd (Zhangzhou XMB) 
is the successor-in-interest to Zhangzhou XYM Furniture Product Co., 
Ltd. (Zhangzhou XYM) for purposes of the antidumping duty (AD) order on 
wooden bedroom furniture (WBF) from the People's Republic of China 
(China). Accordingly, subject merchandise exported by Golden Well 
International (HK), Ltd. (Golden Well) and produced by Zhangzhou XMB 
should be assigned the same AD cash deposit rate as the AD cash deposit 
rate established for subject merchandise exported by Golden Well and 
produced by Zhangzhou XYM.

DATES: Applicable May 19, 2023.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration,

[[Page 32196]]

U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-3936.

SUPPLEMENTARY INFORMATION: 

Background

    On October 5, 2022, Golden Well and Zhangzhou XMB notified Commerce 
that Zhangzhou XYM changed its name to Zhangzhou XMB and requested that 
Commerce conduct a changed circumstances review (CCR) to determine that 
Zhangzhou XMB is the successor-in-interest to Zhangzhou XYM.\1\ On 
November 22, 2022, Commerce initiated this CCR \2\ of the AD order on 
WBF from China.\3\ We received no comments from interested parties 
subsequent to initiation.
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    \1\ See Golden Well and Zhangzhou XMB's Letter, ``Wooden Bedroom 
Furniture from the People's Republic of China; Request for Changed 
Circumstances Review (A-570-890),'' dated October 5, 2022.
    \2\ See Wooden Bedroom Furniture from the People's Republic of 
China: Initiation of Antidumping Duty Changed Circumstances Review, 
87 FR 71300 (November 22, 2022).
    \3\ 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).
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Scope of the Order

    The merchandise covered by the Order is WBF. For a complete 
description of the scope of the Order, see the Preliminary Decision 
Memorandum.\4\
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    \4\ See Memorandum, ``Wooden Bedroom Furniture from the People's 
Republic of China: Decision Memorandum for the Preliminary Results 
of the Changed Circumstances Review,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Legal Framework

    In determining whether one company is the successor-in-interest to 
another company as part of an AD proceeding, Commerce examines several 
factors including, but not limited to: (1) management and ownership; 
(2) production facilities; (3) supplier relationships; and (4) customer 
base.\5\ Although no single, or combination of factors will necessarily 
provide a dispositive indication of successorship, generally, Commerce 
will consider one company to be the successor-in-interest to another 
company if its operations are not materially dissimilar to those of the 
other company.\6\ Thus, if the totality of 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, Commerce will find the new company to be the 
successor-in-interest to the prior company.\7\
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    \5\ See, e.g., Stainless Steel Bar from Spain: Preliminary 
Results of Antidumping Duty Administrative Review; 2012-2013, 79 FR 
22622 (April 23, 2014), and accompanying Preliminary Decision 
Memorandum at 2-3, unchanged in Stainless Steel Bar from Spain: 
Final Results of Antidumping Duty Administrative Review; 2012-2013, 
79 FR 63081 (October 22, 2014).
    \6\ See, e.g., Notice of Final Determination of Sales at Less 
Than Fair Value and Affirmative Final Determination of Critical 
Circumstances: Certain Orange Juice from Brazil, 71 FR 2183 (January 
13, 2006).
    \7\ See, e.g., Certain Pasta from Italy: Final Results of 
Changed Circumstances Review, 86 FR 24845 (May 10, 2021).
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Preliminary Results of Review

    We preliminarily determine that Zhangzhou XMB is the successor-in-
interest to Zhangzhou XYM for purposes of the Order because Zhangzhou 
XMB's management and ownership, production facilities, supplier 
relationships, and customer base are the same, or substantially the 
same, as those of Zhangzhou XYM. For a complete successor-in-interest 
analysis, see the Preliminary Decision Memorandum. A list of topics 
discussed in the Preliminary Decision Memorandum is included as the 
appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
    Should our determination remain unchanged in the final results of 
this CCR, we will instruct U.S. Customs and Border Protection to 
require, effective as of the date of publication of the notice of the 
final results of this CCR in the Federal Register, an AD cash deposit 
of zero percent for subject merchandise exported by Golden Well and 
produced by Zhangzhou XMB. This is the AD cash deposit rate currently 
in effect for subject merchandise exported by Golden Well and produced 
by Zhangzhou XYM.

Public Comment

    In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may 
submit case briefs not later than 14 days after the date of publication 
of this notice in the Federal Register. Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the due date for case briefs, in accordance with 19 CFR 
351.309(d).\8\ Parties who submit case or rebuttal briefs are 
encouraged to submit with each argument: (1) a statement of the issue; 
(2) a brief summary of the argument; and (3) a table of authorities.\9\
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    \8\ Commerce is exercising its discretion under 19 CFR 
351.309(d)(1) to alter the time limit for the filing of rebuttal 
briefs.
    \9\ See 19 CFR 351.30(c)(2) and (d)(2).
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    All comments must be filed electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS) and must be served on interested parties.\10\ 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until further notice.\11\ An electronically filed document must be 
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern 
Time on the day on which it is due.
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    \10\ See generally 19 CFR 351.303.
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 14 days of publication of this notice in the Federal 
Register. Requests for a hearing should contain: (1) the requesting 
party's name, address, and telephone number; (2) the number of 
individuals associated with the requesting party that will attend the 
hearing and whether any of those individuals is a foreign national; and 
(3) a list of the issues the party intends to discuss at the hearing. 
Oral presentations at the hearing will be limited to issues raised in 
the briefs. If a request for a hearing is made, Commerce intends to 
hold the hearing at a time and date to be determined. Parties should 
confirm the date and the time of the hearing two days before the 
scheduled hearing date.

Final Results of Review

    Consistent with 19 CFR 351.216(e), we intend to issue the final 
results of this CCR no later than 270 days after the date on which this 
review was initiated.

Notification to Interested Parties

    The preliminary results of this CCR and this notice are published 
in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 
CFR 351.216 and 19 CFR 351.221(b)(4) and (c)(3).


[[Page 32197]]


    Dated: May 12, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Successor-in-Interest Determination
V. Recommendation

[FR Doc. 2023-10725 Filed 5-18-23; 8:45 am]
BILLING CODE 3510-DS-P