Notice2023-10725
Antidumping Duty Order on Wooden Bedroom Furniture From the People's Republic of China: Preliminary Results of 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
May 19, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 97 (Friday, May 19, 2023)</title>
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[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Notices]
[Pages 32195-32197]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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
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</html>Indexed from Federal Register on May 19, 2023.
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