Notice2021-18992
Wooden Cabinets and Vanities and Components Thereof From the People's Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 2, 2021
Effective
September 2, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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).
Full Text
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<title>Federal Register, Volume 86 Issue 168 (Thursday, September 2, 2021)</title>
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[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49302-49304]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
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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
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</html>Indexed from Federal Register on September 2, 2021.
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