7842 Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Notices 

14See Certain Frozen Fish Fillets from the 

Socialist Republic of Vietnam: Final Results of 

Antidumping Duty Administrative Review; 2012– 

2013, 80 FR 2394 (January 16, 2015). For ESS LLC 

prior to the publication of the final results of review 

on January 16, 2015 the cash deposit rate remained 

the rate established prior to losing its separate rate 

status, which was 1.20 U.S. dollars per kilogram. 

See Certain Frozen Fish Fillets From the Socialist 

Republic of Vietnam: Amended Final Results of 

Antidumping Duty Administrative Review; 2011– 

2012, 79 FR 37714 (July 2, 2014). 

1See 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’’). 

2See 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). 

3See 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’’). 

4For 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. 

and Border Protection to assess 

antidumping duties on unliquidated 

entries of subject merchandise exported 

by Vinh Hoan, Agifish, ESS LLC, and 

South Vina using the assessment rate 

calculated by the Department in the 

Remand and listed above. 

Cash Deposit Requirements 

The cash deposit rate will remain the 

respondent-specific rate established for 

the subsequent and most-recent period 

during which the respondent was 

reviewed. The cash deposit rate for the 

Vietnam-wide entity, which is 2.39 U.S. 

dollars per kilogram, is the rate 

established for the subsequent and 

most-recent period during which the 

Vietnam-wide entity, including ESS 

LLC, was reviewed.14

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(e), 

751(a)(1), and 777(i)(1) of the Act. 

Dated: February 3, 2015. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2015–02973 Filed 2–11–15; 8:45 am] 

BILLING CODE 3510–DS–P 

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-ininterest to Huzhou Fuma for purposes of 

determining antidumping duty 

liabilities.1 We received no comments 

opposing Zhejiang Fuma’s request. 

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

On December 31, 2014 and January 

20, 2015, Zhejiang Fuma responded to 

supplemental questionnaires issued by 

the Department.3

Scope of the Order 

The merchandise covered by the order 

includes multilayered wood flooring, 

subject to certain exceptions.4

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 


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Federal Register / Vol. 80, No. 29 / Thursday, February 12, 2015 / Notices 7843 

5See 19 CFR 351.216(d). 

6See 19 CFR 351.221(c)(3)(ii). 

7See, 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. 

9See 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). 

10See, generally, CCR Request; Supplemental 

Response; Second Supplemental Response. 

11See Preliminary Results Memo at 3. 

12 Id., at 3–4. 

13 Id., at 3. 

14 Id. 

15The Department is exercising its discretion 

under 19 CFR 351.310(c) to alter the time limit for 

requesting a hearing. 

16See 19 CFR 351.310(d). 

17The Department is exercising its discretion 

under 19 CFR 351.309(c)(1)(ii) to alter the time limit 

for the filing of case briefs. 

18The Department is exercising its discretion 

under 19 CFR 351.309(d)(1) to alter the time limit 

for the filing of rebuttal briefs. 

19ACCESS 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. 

20See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011). 

circumstances sufficient to warrant a 

review.5

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). 

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

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-ininterest to Huzhou Fuma in that no 

major changes occurred with respect to 

management, production process, 

customer base, or suppliers.10

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

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. 

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. 

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

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 


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