[Federal Register Volume 80, Number 29 (Thursday, February 12, 2015)]
[Notices]
[Pages 7842-7843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02971]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-970]


Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review: Multilayered Wood Flooring From the People's 
Republic of China

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

SUMMARY: The Department of Commerce (``the Department'') preliminarily 
determines that Zhejiang Fuma Warm Technology Co., Ltd. (``Zhejiang 
Fuma'') is the successor-in-interest to Huzhou Fuma Wood Bus. Co., Ltd. 
(``Huzhou Fuma'') for purposes of the antidumping duty order on 
multilayered wood flooring from the People's Republic of China 
(``PRC'') and, as such, is entitled to Huzhou Fuma's cash deposit rate 
with respect to entries of subject merchandise. Interested parties are 
invited to comment on this preliminary determination.

DATES: Effective Date: February 12, 2015.

FOR FURTHER INFORMATION CONTACT: James Martinelli or Krisha Hill, AD/
CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2923 or (202) 482-4037, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On November 24, 2014, Zhejiang Fuma requested that the Department 
initiate an expedited changed circumstances review to confirm that 
Zhejiang Fuma is the successor-in-interest to Huzhou Fuma for purposes 
of determining antidumping duty liabilities.\1\ We received no comments 
opposing Zhejiang Fuma's request.
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    \1\ See Letter from Zhejiang Fuma to the Department regarding, 
``Multilayered Wood Flooring from the People's Republic of China: 
Request for Expedited Changed Circumstances Review'' (November 24, 
2014) (``CCR Request'').
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    On December 22, 2014, the Department extended the time period for 
determining whether to initiate a changed circumstances review by an 
additional 30 days, until February 7, 2015.\2\
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    \2\ See Letter from Abdelali Elouaradia, Director, Office IV, 
AD/CVD Operations, to Zhejiang Fuma, regarding ``Multilayered Wood 
Flooring From the People's Republic of China: Request for a Changed 
Circumstances Review'' (December 22, 2014).
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    On December 31, 2014 and January 20, 2015, Zhejiang Fuma responded 
to supplemental questionnaires issued by the Department.\3\
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    \3\ See Letter from Zhejiang Fuma to the Department, regarding 
``Multilayered Wood Flooring from the People's Republic of China: 
Request for Expedited Changed Circumstances Review'' (December 31, 
2014) (``Supplemental Response''); Letter from Zhejiang Fuma to the 
Department, regarding ``Multilayered Wood Flooring from the People's 
Republic of China: Request for Expedited Changes Circumstances 
Review'' (January 20, 2015) (``Second Supplemental Response'').
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Scope of the Order

    The merchandise covered by the order includes multilayered wood 
flooring, subject to certain exceptions.\4\
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    \4\ For a complete description of the Scope of the Order, see 
Memorandum to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, ``Preliminary 
Results of Changed Circumstances Review: Multilayered Wood Flooring 
from the People's Republic of China'' (``Preliminary Results 
Memo''), dated concurrently with, and adopted by, this notice.
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    Imports of the subject merchandise are provided for under the 
following subheadings of the Harmonized Tariff Schedule of the United 
States (``HTSUS''): 4412.31.0520; 4412.31.0540; 4412.31.0560; 
4412.31.2510; 4412.31.2520; 4412.31.4040; 4412.31.4050; 4412.31.4060; 
4412.31.4070; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 
4412.31.3175; 4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540; 
4412.32.0560; 4412.32.2510; 4412.32.2520; 4412.32.3125; 4412.32.3135; 
4412.32.3155; 4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.5600; 
4412.39.1000; 4412.39.3000; 4412.39.4011; 4412.39.4012; 4412.39.4019; 
4412.39.4031; 4412.39.4032; 4412.39.4039; 4412.39.4051; 4412.39.4052; 
4412.39.4059; 4412.39.4061; 4412.39.4062; 4412.39.4069; 4412.39.5010; 
4412.39.5030; 4412.39.5050; 4412.94.1030; 4412.94.1050; 4412.94.3105; 
4412.94.3111; 4412.94.3121; 4412.94.3131; 4412.94.3141; 4412.94.3160; 
4412.94.3171; 4412.94.4100; 4412.94.5100; 4412.94.6000; 4412.94.7000; 
4412.94.8000; 4412.94.9000; 4412.94.9500; 4412.99.0600; 4412.99.1020; 
4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120; 4412.99.3130; 
4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170; 4412.99.4100; 
4412.99.5100; 4412.99.5710; 4412.99.6000; 4412.99.7000; 4412.99.8000; 
4412.99.9000; 4412.99.9500; 4418.71.2000; 4418.71.9000; 4418.72.2000; 
4418.72.9500; and 9801.00.2500.
    While HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the subject merchandise is 
dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(``the Act'') and 19 CFR 351.216(d), the Department will conduct a 
changed circumstances review upon receipt of information concerning, or 
a request from an interested party for a review of, an antidumping duty 
finding which shows changed circumstances sufficient to warrant a 
review of the order. The information submitted by Zhejiang Fuma 
claiming that Zhejiang Fuma is the successor-in-interest to Huzhou Fuma 
demonstrates changed

[[Page 7843]]

circumstances sufficient to warrant a review.\5\
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    \5\ See 19 CFR 351.216(d).
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    Therefore, in accordance with section 751(b)(1) of the Act and 19 
CFR 351.216(d), the Department is initiating a changed circumstances 
review to determine whether Zhejiang Fuma is the successor-in-interest 
to Huzhou Fuma.

Preliminary Determination

    When it concludes that expedited action is warranted, the 
Department may publish the notice of initiation and preliminary results 
for a changed circumstances review concurrently.\6\ In this instance, 
because we have the information necessary on the record to make a 
preliminary finding, we find that expedited action is warranted, and 
are combining the notice of initiation and the notice of preliminary 
results in accordance with 19 CFR 351.221(c)(3)(ii).
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    \6\ See 19 CFR 351.221(c)(3)(ii).
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    In determining whether one company is the successor to another for 
purposes of applying the antidumping duty law, the Department examines 
a number of factors including, but not limited to, changes in (1) 
management, (2) production facilities, (3) suppliers, and (4) customer 
base.\7\ While no one or several of these factors will necessarily 
provide a dispositive indication of succession, the Department will 
generally consider one company to be the successor to another company 
if its resulting operation is essentially the same as that of its 
predecessor.\8\ Thus, if 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, the 
Department will assign the new company the cash deposit rate of its 
predecessor.\9\
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    \7\ See, e.g., 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).
    \8\ Id.
    \9\ See Notice of Final Results of Changed Circumstances Review: 
Polychloroprene Rubber from Japan, 69 FR 67890 (November 22, 2004) 
citing, Brass Sheet and Strip from Canada: Notice of Final Results 
of Antidumping Duty Administrative Review, 57 FR 20460 (May 13, 
1992); and, Certain Circular Welded Carbon Steel Pipes and Tubes 
from Taiwan: Initiation of Antidumping Duty Changed Circumstance 
Review, 70 FR 17063 (April 4, 2005).
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    In its November 24, 2014 submission and December 31, 2014 and 
January 20, 2015 supplemental questionnaire responses, Zhejiang Fuma 
provided documentation demonstrating that Zhejiang Fuma is the 
successor-in-interest to Huzhou Fuma in that no major changes occurred 
with respect to management, production process, customer base, or 
suppliers.\10\
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    \10\ See, generally, CCR Request; Supplemental Response; Second 
Supplemental Response.
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    According to the information provided, Zhejiang Fuma is owned, 
managed and operated by the same ownership and management teams as 
Huzhou Fuma.\11\ Zhejiang Fuma also provided documentation that there 
had been no material change in suppliers of inputs or services related 
to the production, sale and distribution of the subject 
merchandise.\12\ Regarding its production of the subject merchandise, 
Zhejiang Fuma has stated that the production capacity, process and 
equipment of Zhejiang Fuma is identical to that of Huzhou Fuma and is 
located at the same facility.\13\ Finally, Zhejiang Fuma has indicated 
that there has been no material change with its U.S. customer base or 
its sale of the subject merchandise.\14\
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    \11\ See Preliminary Results Memo at 3.
    \12\ Id., at 3-4.
    \13\ Id., at 3.
    \14\ Id.
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    While Zhejiang Fuma indicated that the Coalition for Hardwood 
Parity, the Petitioner in the underlying investigation, did not object 
to Zhejiang Fuma's changed circumstances request, the Department has 
received no confirmation of this agreement. Nonetheless, based on a 
review of the record, we preliminarily find Zhejiang Fuma is the 
successor-in-interest to Huzhou Fuma and, as such, that it is entitled 
to Huzhou Fuma's cash-deposit rate with respect to entries.
    Should our final results remain the same as these preliminary 
results, effective the date of publication of the final results, we 
will instruct U.S. Customs and Border Protection to assign entries of 
subject merchandise exported by Zhejiang Fuma the antidumping duty 
cash-deposit rate applicable to Huzhou Fuma.

Public Comment

    Any interested party may request a hearing within 14 days of 
publication of this notice.\15\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.\16\ Parties will be notified of the time and date of any 
hearing, if requested.
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    \15\ The Department is exercising its discretion under 19 CFR 
351.310(c) to alter the time limit for requesting a hearing.
    \16\ See 19 CFR 351.310(d).
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    Interested parties may submit case briefs not later than 14 days 
after the date of publication of this notice.\17\ Rebuttal briefs, 
which must be limited to issues raised in such briefs, may be filed not 
later than seven days after the due date for case briefs.\18\ Parties 
who submit case briefs or rebuttal briefs in this changed circumstances 
review are requested to submit with each argument (1) a statement of 
the issue and (2) a brief summary of the argument with an electronic 
version included.
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    \17\ The Department is exercising its discretion under 19 CFR 
351.309(c)(1)(ii) to alter the time limit for the filing of case 
briefs.
    \18\ The Department is exercising its discretion under 19 CFR 
351.309(d)(1) to alter the time limit for the filing of rebuttal 
briefs.
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    All submissions, with limited exceptions, must be filed 
electronically using Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System 
(``ACCESS'').\19\ An electronically filed document must be received 
successfully in its entirety by 5 p.m. Eastern Time (``ET'') on the due 
date. Documents excepted from the electronic submission requirements 
must be filed manually (i.e., in paper form) with the APO/Dockets Unit 
in Room 1870 and stamped with the date and time of receipt by 5 p.m. ET 
on the due date.\20\
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    \19\ ACCESS is available to registered users at https://access.trade.gov and available to all parties in the Central Records 
Unit, Room 7046 of the main Department of Commerce building.
    \20\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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    Consistent with 19 CFR 351.216(e), we will issue the final results 
of this changed-circumstances review 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.
    We are issuing and publishing this initiation and preliminary 
results notice in accordance with sections 751(b)(1) and 777(i)(1) of 
the Act and 19 CFR 351.216 and 351.221(c)(3).

    Dated: February 3, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-02971 Filed 2-11-15; 8:45 am]
BILLING CODE 3510-DS-P