Federal Register - September 2, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices to Xiamen Goldenhome, and that it be subject to Xiamen Goldenhomes AD
margin, pursuant to section 751b of the Tariff Act of 1930, as amended the Act, and 19 CFR 351.216b.5 After finding Goldenhome did not address the good cause requirement in its initial request pursuant to 19 CFR 351.216c, 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 351.216c.7 We did not receive comments from other interested parties concerning this request.
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
Initiation of Changed Circumstances Review Section 751b4B of the Act and 19
CFR 351.216c 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 Goldenhomes entries and that Commerce previously found in similar situations that a name change, with no further changes in the companys operations, constitutes good cause pursuant to 19 CFR 351.216c to initiate
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5 Id.
6 See Commerces Letter, Supplemental Questionnaire Changed Circumstances Review Request Goldenhome Living Co., Ltd.
Goldenhome, dated August 25, 2021.
7 See Goldenhomes Letter, Wooden Cabinets and Vanities and Components Thereof from the Peoples Republic of China; Response to Second Supplemental Questionnaire A570106, dated August 27, 2021 Good Cause Response.
8 See Memorandum, Wooden Cabinets and Vanities and Components Thereof from the Peoples 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.
9 See Wooden Cabinets and Vanities and Components Thereof from the Peoples Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 85 FR 11953 February 28, 2020.
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a CCR.10 Therefore, we preliminarily find that good cause has been shown pursuant to 19 CFR 351.216c to initiate a CCR less than 24 months after the publication of the notice of final determination.11
Pursuant to section 751b1A of the Act and 19 CFR 351.216d, 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-ininterest to Xiamen Goldenhome demonstrates changed circumstances sufficient to warrant such a review.12 In accordance with 751b1A of the Act and 19 CFR 351.216d, we are initiating a CCR based on the information contained in Goldenhomes submission to determine whether Goldenhome is the successor-in-interest to Xiamen Goldenhome.
Section 351.221c3ii of Commerces 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
10 See Good Cause Response at 23 citing Bulk Aspirin from the Peoples 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 Peoples Republic of China, 81 FR 44588 July 8, 2018. See also Certain Aluminum Foil and Common Alloy Aluminum Sheet from the Peoples 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 45.
11 See Preliminary Decision Memorandum at 45.
12 See 19 CFR 351.216d.
13 See 19 CFR 351.221c3ii.
14 See, e.g., Notice of Initiation and Preliminary Results of Changed Circumstances Reviews: Certain Passenger Vehicle and Light Truck Tires from the Peoples Republic of China, 85 FR 5193 January 29, 2020, unchanged in Certain Passenger Vehicle and Light Truck Tires from the Peoples Republic of China: Final Results of Changed Circumstances
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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
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 Commerces successor-in-interest criteria, Goldenhomes 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 Goldenhomes 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-ininterest 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 Reviews, 85 FR 14638 March 13, 2020 Passenger Vehicle and Light Truck Tires from China CCR.
15 See Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review:
Multilayered Wood Flooring from the Peoples Republic of China, 79 FR 48117,48118 August 15, 2014, unchanged in Multilayered Wood Flooring from the Peoples Republic of China: Final Results of Changed Circumstances Review, 79 FR 58740
September 30, 2014.
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