Notice of Initiation and Preliminary Results of Changed Circumstances Antidumping Duty Review: Certain Polyester Staple Fiber From the Republic of Korea, 33989-33991 [E8-13506]
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Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices
rwilkins on PROD1PC63 with NOTICES
Preliminary Rescission. We did not
receive any comments on our
Preliminary Rescission.
Scope of the Review
For purposes of this review, the
products covered are certain hot–rolled
carbon steel flat products of a
rectangular shape, of a width of 0.5 inch
or greater, neither clad, plated, nor
coated with metal and whether or not
painted, varnished, or coated with
plastics or other non–metallic
substances, in coils (whether or not in
successively superimposed layers),
regardless of thickness, and in straight
lengths of a thickness of less than 4.75
mm and of a width measuring at least
10 times the thickness. Universal mill
plate (i.e., flat–rolled products rolled on
four faces or in a closed box pass, of a
width exceeding 150 mm, but not
exceeding 1250 mm, and of a thickness
of not less than 4.0 mm, not in coils and
without patterns in relief) of a thickness
not less than 4.0 mm is not included
within the scope of this review.
Specifically included within the
scope of this review are vacuum
degassed, fully stabilized (commonly
referred to as interstitial–free (‘‘IF’’))
steels, high strength low alloy (‘‘HSLA’’)
steels, and the substrate for motor
lamination steels. IF steels are
recognized as low carbon steels with
micro–alloying levels of elements such
as titanium or niobium (also commonly
referred to as columbium), or both,
added to stabilize carbon and nitrogen
elements. HSLA steels are recognized as
steels with micro–alloying levels of
elements such as chromium, copper,
niobium, vanadium, and molybdenum.
The substrate for motor lamination
steels contains micro–alloying levels of
elements such as silicon and aluminum.
Steel products to be included in the
scope of this review, regardless of
definitions in the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’), are products in which: i)
iron predominates, by weight, over each
of the other contained elements; ii) the
carbon content is 2 percent or less, by
weight; and, iii) none of the elements
listed below exceeds the quantity, by
weight, respectively indicated:
1.80 percent of manganese, or
2.25 percent of silicon, or
1.00 percent of copper, or
0.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
1.25 percent of nickel, or
0.30 percent of tungsten, or
0.10 percent of molybdenum, or
0.10 percent of niobium, or
0.15 percent of vanadium, or
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0.15 percent of zirconium.
All products that meet the physical
and chemical description provided
above are within the scope of this
review unless otherwise excluded. The
following products, by way of example,
are outside or specifically excluded
from the scope of this review:
. Alloy hot–rolled steel products in
which at least one of the chemical
elements exceeds those listed above
(including, e.g., American Society for
Testing and Materials (‘‘ASTM’’)
specifications A543, A387, A514, A517,
A506).
. Society of Automotive Engineers
(‘‘SAE’’)/American Iron & Steel Institute
(‘‘AISI’’) grades of series 2300 and
higher.
. Ball bearing steels, as defined in the
HTSUS.
. Tool steels, as defined in the HTSUS.
. Silico–manganese (as defined in the
HTSUS) or silicon electrical steel with
a silicon level exceeding 2.25 percent.
. ASTM specifications A710 and A736.
. USS abrasion–resistant steels (USS AR
400, USS AR 500).
. All products (proprietary or otherwise)
based on an alloy ASTM specification
(sample specifications: ASTM A506,
A507).
.
Non–rectangular shapes, not in coils,
which are the result of having been
processed by cutting or stamping and
which have assumed the character of
articles or products classified outside
chapter 72 of the HTSUS.
The merchandise subject to this
review is classified in the HTSUS at
subheadings: 7208.10.15.00,
7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00,
7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60,
7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60,
7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15,
7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60,
7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7211.14.00.90,
7211.19.15.00, 7211.19.20.00,
7211.19.30.00, 7211.19.45.00,
7211.19.60.00, 7211.19.75.30,
7211.19.75.60, and 7211.19.75.90.
Certain hot–rolled carbon steel flat
products covered by this review,
including: vacuum degassed fully
stabilized; high strength low alloy; and
the substrate for motor lamination steel
may also enter under the following tariff
numbers: 7225.11.00.00, 7225.19.00.00,
7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90,
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33989
7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00,
7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and
7226.99.00.00. Subject merchandise
may also enter under 7210.70.30.00,
7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and
7212.50.00.00. Although the HTSUS
subheadings are provided for
convenience and U.S. Customs
purposes, the written description of the
merchandise under review is
dispositive.
Period of Review
The POR is November 1, 2006,
through October 31, 2007.
Final Rescission of Review
Because there is no information on
the record which indicates that Baosteel
made sales to the United States of
subject merchandise during the POR,
and because we did not receive any
comments on our Preliminary
Rescission, in accordance with 19 CFR
351.213(d)(3) and consistent with our
practice, we are rescinding this review
of the antidumping duty order on
certain hot–rolled carbon steel flat
products from the PRC for the period of
November 1, 2006, to October 31, 2007.1
The cash deposit rate for Baosteel will
continue to be the rate established in the
most recently completed segment of this
proceeding.
This notice is in accordance with
sections 751(a)(1) and 777(i)(1) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: June 9, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–13487 Filed 6–13–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–839]
Notice of Initiation and Preliminary
Results of Changed Circumstances
Antidumping Duty Review: Certain
Polyester Staple Fiber From the
Republic of Korea
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) received a request for
AGENCY:
1 See, e.g, Stainless Steel Sheet and Strip in Coils
from Japan; Final Rescission of Antidumping Duty
Administrative Review, 71 FR 26041 (May 3, 2006).
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33990
Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices
initiation of a changed circumstances
review of the antidumping duty order
on polyester staple fiber (‘‘PSF’’) from
the Republic of Korea (‘‘Korea’’) from
Woongjin Chemical Co. Ltd.
(‘‘Woongjin’’). After reviewing this
request, we preliminarily determine that
Woongjin is the successor-in-interest to
Saehan Industries Inc. (‘‘Saehan’’), and
as a result, should be accorded the same
treatment previously accorded Saehan
with regard to the antidumping duty
order on PSF from Korea. Interested
parties are invited to comment on these
preliminary results.
EFFECTIVE DATE: June 16, 2008.
FOR FURTHER INFORMATION CONTACT:
Devta Ohri, AD/CVD Operations, Office
1, Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington
DC 20230; telephone (202) 482–3853.
SUPPLEMENTARY INFORMATION:
Background
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On May 25, 2000, the Department of
Commerce issued an antidumping duty
order on certain PSF from Korea. See
Notice of Amended Final Determination
of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain
Polyester Staple Fiber from Republic of
Korea, 65 FR 33807 (May 25, 2000).
On April 23, 2008, Woongjin
requested that the Department initiate a
changed circumstances review of the
antidumping duty order on PSF from
Korea to determine that, for purposes of
the antidumping law, Woongjin is the
successor-in-interest to Saehan. See
April 23, 2008, letter from Woongjin.
Saehan was a producer and exporter
of PSF from Korea that participated in
the administrative review covering the
period May 1, 2002, through April 30,
2003. As a result of this review, Saehan
received a cash deposit rate of 2.13
percent. See Certain Polyester Staple
Fiber From Korea: Final Results of
Antidumping Duty Administrative
Review and Final Determination To
Revoke the Order in Part, 69 FR 61341
(October 18, 2004); amended by Notice
of Amended Final Results of
Antidumping Duty Administrative
Review: Certain Polyester Staple Fiber
from Korea, 69 FR 67891 (November 22,
2004). Saehan has not participated in
any other administrative reviews of PSF
from Korea.
Scope of the Review
For the purposes of this order, the
product covered is PSF. PSF is defined
as synthetic staple fibers, not carded,
combed or otherwise processed for
spinning, of polyesters measuring 3.3
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Jkt 214001
decitex (3 denier, inclusive) or more in
diameter. This merchandise is cut to
lengths varying from one inch (25 mm)
to five inches (127 mm). The
merchandise subject to this order may
be coated, usually with a silicon or
other finish, or not coated. PSF is
generally used as stuffing in sleeping
bags, mattresses, ski jackets, comforters,
cushions, pillows, and furniture.
Merchandise of less than 3.3 decitex
(less than 3 denier) currently classifiable
in the Harmonized Tariff Schedule of
the United States (‘‘HTSUS’’) at
subheading 5503.20.00.25 is specifically
excluded from this order. Also
specifically excluded from this order are
polyester staple fibers of 10 to 18 denier
that are cut to lengths of 6 to 8 inches
(fibers used in the manufacture of
carpeting). In addition, low-melt PSF is
excluded from this order. Low-melt PSF
is defined as a bi-component fiber with
an outer sheath that melts at a
significantly lower temperature than its
inner core.
The merchandise subject to this order
is currently classifiable in the HTSUS at
subheadings 5503.20.00.45 and
5503.20.00.65. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
under the order is dispositive.
Initiation and Preliminary Results 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, the
Department will conduct a changed
circumstances review upon receipt of
information concerning, or a request
from an interested party for review of,
an antidumping duty order which
shows changed circumstances sufficient
to warrant a review of the order. In this
case, the Department finds that the
information submitted by the
respondent provides sufficient evidence
of changed circumstances to warrant a
review to determine whether Woongjin
is the successor-in-interest to Saehan.
Thus, in accordance with section 751(b)
of the Act, the Department is initiating
a changed circumstances review to
determine whether Woongjin is the
successor-in-interest to Saehan for
purposes of determining antidumping
duty liability with respect to imports of
PSF from Korea.
Furthermore, 19 CFR 351.221(c)(3)(ii)
permits the Department to combine the
notice of initiation of a changed
circumstances review and the notice of
preliminary results in a single notice if
the Department concludes that
expedited action is warranted. In this
case, we find that the evidence provided
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by Woongjin is sufficient to
preliminarily determine that its change
of corporate name from Saehan to
Woongjin, resulting from a change in
stock ownership along with a change of
some of the board of directors, did not
affect the company’s operations.
In making a successor-in-interest
determination, the Department
examines several factors including, but
not limited to, changes in: (1)
Management; (2) production facilities;
(3) supplier relationships; and (4)
customer base. See, e.g., Notice of Final
Results of Changed Circumstances
Antidumping Duty Administrative
Review: Polychloroprene Rubber From
Japan, 67 FR 58 (January 2, 2002); Brass
Sheet and Strip from Canada: Final
Results of Antidumping Duty
Administrative Review, 57 FR 20460,
20462 (May 13, 1992). While no single
factor or combination of factors will
necessarily provide a dispositive
indication of a successor-in-interest
relationship, the Department will
generally consider the new company to
be the successor to the previous
company if the new company’s resulting
operation is not materially dissimilar to
that of its predecessor. See, e.g., Fresh
and Chilled Atlantic Salmon from
Norway; Final Results of Changed
Circumstances Antidumping Duty
Administrative Review, 64 FR 9979
(March 1, 1999); Industrial Phosphoric
Acid from Israel; Final Results of
Changed Circumstances Review, 59 FR
6944 (February 14, 1994). 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 former company, the Department
will accord the new company the same
antidumping treatment as its
predecessor.
In accordance with 19 CFR
351.221(c)(3)(ii), we preliminarily
determine that Woongjin is the
successor-in-interest to Saehan. In its
April 23, 2008 submission, Woongjin
provided evidence supporting its claim
to be the successor-in-interest to
Saehan. Documentation attached to
Woongjin’s April 23, 2008, submission
shows that the purchase of 50 percent
of Saehan’s shares by the Woongjin
Group, and the subsequent name change
to Woongjin resulted in little or no
change in management, production
facilities, supplier relationships, or
customer base. This documentation
consists of:
(1) A list of major shareholders along
with their percentage holdings before
and after the name change;
(2) A list of the board of directors
before and after the name change
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Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices
rwilkins on PROD1PC63 with NOTICES
demonstrating that those members of
the board involved in the day-to-day
activities of the company, including the
President, the Business Administration
Division Director, and the Auditor, have
all remained the same;
(3) Saehan shareholder meeting
minutes regarding the name change;
(4) Saehan’s and Woongjin’s business
registration certificate which
demonstrates that despite the name
change, the business registration
number remained the same;
(5) Certificate of corporate registration
that demonstrated the name change
from Saehan to Woongjin;
(6) Announcement to Saehan’s
customers of the name change;
(7) Corporate organizational charts
demonstrating that the organizational
structure remained unchanged despite
the name change;
(8) Organizational charts of the PSF
production and sales divisions
demonstrating that the organizational
structure remained unchanged before
and after the name change;
(9) Woongjin’s Internet Web site
demonstrating that Saehan is now
Woongjin;
(10) A list of suppliers before and
after the name change demonstrating
that Woongjin has maintained Saehan’s
supplier relationships with only some
minor variations (which Woongjin
explains are due to timing changes and
normal business turnover); and
(11) A list of customers before and
after the name change demonstrating
that Woongjin has maintained Saehan’s
customer base with only some minor
variations (which Woongjin explains are
due to timing changes and normal
business turnover).
The documentation described above
demonstrates that there was little or no
change in management structure,
supplier relationships, production
facilities, or customer base. Therefore,
we determine that expedited action is
warranted and we preliminarily find
that Woongjin is the successor-ininterest to Saehan and, thus, should
receive the same antidumping duty
treatment with respect to PSF from
Korea. Because we have concluded that
expedited action is warranted, we are
combining these notices of initiation
and preliminary results.
Public Comment
Any interested party may request a
hearing within 30 days of publication of
this notice. Any hearing, if requested,
will be held no later than 44 days after
the date of publication of this notice, or
the first workday thereafter. Persons
interested in attending the hearing, if
one is requested, should contact the
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17:04 Jun 13, 2008
Jkt 214001
Department for the date and time of the
hearing.
Case briefs from interested parties
may be submitted not later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to the
issues raised in those comments, may be
filed not later than 37 days after the date
of publication of this notice. All written
comments shall be submitted in
accordance with 19 CFR 351.303. The
Department will publish the final
results of this changed circumstances
review, in accordance with 19 CFR
351.216(e).
The current requirement for a cash
deposit of estimated antidumping duties
on all subject merchandise will
continue unless and until it is modified
pursuant to the final results of this
changed circumstances review.
We are issuing and publishing these
results and notice in accordance with
sections 751(b)(1) and 777(i)(1) and (2)
of the Act and 19 CFR 351.216.
Dated: June 6, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–13506 Filed 6–13–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–822
Helical Spring Lock Washers from the
People’s Republic of China: Notice of
Rescission of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: June 16, 2008.
FOR FURTHER INFORMATION CONTACT:
Devta Ohri, AD/CVD Operations, Office
1, Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone (202) 482–3853.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 19, 1993, the Department
published the antidumping duty order
on certain helical spring lock washers
(‘‘HSLW’’) from the People’s Republic of
China (‘‘PRC’’), as amended on
November 23, 1993. See Antidumping
Duty Order: Certain Helical Spring Lock
Washers From the People’s Republic of
China, 58 FR 53914 (October 19, 1993),
and Amended Final Determination and
Amended Antidumping Duty Order:
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33991
Certain Helical Spring Lock Washers
From the People’s Republic of China, 58
FR 61859 (November 23, 1993). On
November 26, 2007, the Department
initiated an administrative review of
Hangzhou Spring Washer Co., Ltd. (also
known as Zhejiang Wanxin Group, Ltd.)
(‘‘HSW’’ or ‘‘Respondent’’). See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 72 FR 65938 (November 26, 2007).
On May 15, 2008, both HSW and
Shakeproof Assembly Components
Division of Illinois Tool Works Inc.
(‘‘Shakeproof’’ or ‘‘Petitioner’’)
requested that the Department exercise
its discretion and extend the deadline
for withdrawal of administrative review
beyond 90 days, thereby allowing both
HSW’s and Shakeproof’s May 15, 2008,
withdrawal requests to be considered
timely.
Scope of the Order
The products covered by the order are
HSLWs of carbon steel, of carbon alloy
steel, or of stainless steel, heat–treated
or non–heat-treated, plated or non–
plated, with ends that are off–line.
HSLWs are designed to: (1) Function as
a spring to compensate for developed
looseness between the component parts
of a fastened assembly; (2) distribute the
load over a larger area for screws or
bolts; and (3) provide a hardened
bearing surface. The scope does not
include internal or external tooth
washers, nor does it include spring lock
washers made of other metals, such as
copper.
HSLWs subject to the order are
currently classifiable under subheading
7318.21.0030 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the scope of this
proceeding is dispositive.
Rescission of Review
Section 351.213(d)(1) of the
Department’s regulations provides that
the Department will rescind an
administrative review if the party that
requested the review withdraws its
request for review within 90 days of the
date of publication of the notice of
initiation of the requested review, or
withdraws its request at a later date if
the Department determines that it is
reasonable to extend the time limit for
withdrawing the request. Both HSW and
Shakeproof withdrew their requests for
review on May 15, 2008, which is after
the 90-day deadline. Nonetheless, the
Department accepts the withdrawal
requests because it has not yet expended
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]]>Agencies
[Federal Register Volume 73, Number 116 (Monday, June 16, 2008)]
[Notices]
[Pages 33989-33991]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13506]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-839]
Notice of Initiation and Preliminary Results of Changed
Circumstances Antidumping Duty Review: Certain Polyester Staple Fiber
From the Republic of Korea
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') received a request
for
[[Page 33990]]
initiation of a changed circumstances review of the antidumping duty
order on polyester staple fiber (``PSF'') from the Republic of Korea
(``Korea'') from Woongjin Chemical Co. Ltd. (``Woongjin''). After
reviewing this request, we preliminarily determine that Woongjin is the
successor-in-interest to Saehan Industries Inc. (``Saehan''), and as a
result, should be accorded the same treatment previously accorded
Saehan with regard to the antidumping duty order on PSF from Korea.
Interested parties are invited to comment on these preliminary results.
EFFECTIVE DATE: June 16, 2008.
FOR FURTHER INFORMATION CONTACT: Devta Ohri, AD/CVD Operations, Office
1, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington DC 20230; telephone (202) 482-3853.
SUPPLEMENTARY INFORMATION:
Background
On May 25, 2000, the Department of Commerce issued an antidumping
duty order on certain PSF from Korea. See Notice of Amended Final
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order: Certain Polyester Staple Fiber from Republic of Korea, 65 FR
33807 (May 25, 2000).
On April 23, 2008, Woongjin requested that the Department initiate
a changed circumstances review of the antidumping duty order on PSF
from Korea to determine that, for purposes of the antidumping law,
Woongjin is the successor-in-interest to Saehan. See April 23, 2008,
letter from Woongjin.
Saehan was a producer and exporter of PSF from Korea that
participated in the administrative review covering the period May 1,
2002, through April 30, 2003. As a result of this review, Saehan
received a cash deposit rate of 2.13 percent. See Certain Polyester
Staple Fiber From Korea: Final Results of Antidumping Duty
Administrative Review and Final Determination To Revoke the Order in
Part, 69 FR 61341 (October 18, 2004); amended by Notice of Amended
Final Results of Antidumping Duty Administrative Review: Certain
Polyester Staple Fiber from Korea, 69 FR 67891 (November 22, 2004).
Saehan has not participated in any other administrative reviews of PSF
from Korea.
Scope of the Review
For the purposes of this order, the product covered is PSF. PSF is
defined as synthetic staple fibers, not carded, combed or otherwise
processed for spinning, of polyesters measuring 3.3 decitex (3 denier,
inclusive) or more in diameter. This merchandise is cut to lengths
varying from one inch (25 mm) to five inches (127 mm). The merchandise
subject to this order may be coated, usually with a silicon or other
finish, or not coated. PSF is generally used as stuffing in sleeping
bags, mattresses, ski jackets, comforters, cushions, pillows, and
furniture. Merchandise of less than 3.3 decitex (less than 3 denier)
currently classifiable in the Harmonized Tariff Schedule of the United
States (``HTSUS'') at subheading 5503.20.00.25 is specifically excluded
from this order. Also specifically excluded from this order are
polyester staple fibers of 10 to 18 denier that are cut to lengths of 6
to 8 inches (fibers used in the manufacture of carpeting). In addition,
low-melt PSF is excluded from this order. Low-melt PSF is defined as a
bi-component fiber with an outer sheath that melts at a significantly
lower temperature than its inner core.
The merchandise subject to this order is currently classifiable in
the HTSUS at subheadings 5503.20.00.45 and 5503.20.00.65. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the merchandise under the order is
dispositive.
Initiation and Preliminary Results 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, the Department will conduct a
changed circumstances review upon receipt of information concerning, or
a request from an interested party for review of, an antidumping duty
order which shows changed circumstances sufficient to warrant a review
of the order. In this case, the Department finds that the information
submitted by the respondent provides sufficient evidence of changed
circumstances to warrant a review to determine whether Woongjin is the
successor-in-interest to Saehan. Thus, in accordance with section
751(b) of the Act, the Department is initiating a changed circumstances
review to determine whether Woongjin is the successor-in-interest to
Saehan for purposes of determining antidumping duty liability with
respect to imports of PSF from Korea.
Furthermore, 19 CFR 351.221(c)(3)(ii) permits the Department to
combine the notice of initiation of a changed circumstances review and
the notice of preliminary results in a single notice if the Department
concludes that expedited action is warranted. In this case, we find
that the evidence provided by Woongjin is sufficient to preliminarily
determine that its change of corporate name from Saehan to Woongjin,
resulting from a change in stock ownership along with a change of some
of the board of directors, did not affect the company's operations.
In making a successor-in-interest determination, the Department
examines several factors including, but not limited to, changes in: (1)
Management; (2) production facilities; (3) supplier relationships; and
(4) customer base. See, e.g., Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative Review: Polychloroprene
Rubber From Japan, 67 FR 58 (January 2, 2002); Brass Sheet and Strip
from Canada: Final Results of Antidumping Duty Administrative Review,
57 FR 20460, 20462 (May 13, 1992). While no single factor or
combination of factors will necessarily provide a dispositive
indication of a successor-in-interest relationship, the Department will
generally consider the new company to be the successor to the previous
company if the new company's resulting operation is not materially
dissimilar to that of its predecessor. See, e.g., Fresh and Chilled
Atlantic Salmon from Norway; Final Results of Changed Circumstances
Antidumping Duty Administrative Review, 64 FR 9979 (March 1, 1999);
Industrial Phosphoric Acid from Israel; Final Results of Changed
Circumstances Review, 59 FR 6944 (February 14, 1994). 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 former company, the Department will accord the new
company the same antidumping treatment as its predecessor.
In accordance with 19 CFR 351.221(c)(3)(ii), we preliminarily
determine that Woongjin is the successor-in-interest to Saehan. In its
April 23, 2008 submission, Woongjin provided evidence supporting its
claim to be the successor-in-interest to Saehan. Documentation attached
to Woongjin's April 23, 2008, submission shows that the purchase of 50
percent of Saehan's shares by the Woongjin Group, and the subsequent
name change to Woongjin resulted in little or no change in management,
production facilities, supplier relationships, or customer base. This
documentation consists of:
(1) A list of major shareholders along with their percentage
holdings before and after the name change;
(2) A list of the board of directors before and after the name
change
[[Page 33991]]
demonstrating that those members of the board involved in the day-to-
day activities of the company, including the President, the Business
Administration Division Director, and the Auditor, have all remained
the same;
(3) Saehan shareholder meeting minutes regarding the name change;
(4) Saehan's and Woongjin's business registration certificate which
demonstrates that despite the name change, the business registration
number remained the same;
(5) Certificate of corporate registration that demonstrated the
name change from Saehan to Woongjin;
(6) Announcement to Saehan's customers of the name change;
(7) Corporate organizational charts demonstrating that the
organizational structure remained unchanged despite the name change;
(8) Organizational charts of the PSF production and sales divisions
demonstrating that the organizational structure remained unchanged
before and after the name change;
(9) Woongjin's Internet Web site demonstrating that Saehan is now
Woongjin;
(10) A list of suppliers before and after the name change
demonstrating that Woongjin has maintained Saehan's supplier
relationships with only some minor variations (which Woongjin explains
are due to timing changes and normal business turnover); and
(11) A list of customers before and after the name change
demonstrating that Woongjin has maintained Saehan's customer base with
only some minor variations (which Woongjin explains are due to timing
changes and normal business turnover).
The documentation described above demonstrates that there was
little or no change in management structure, supplier relationships,
production facilities, or customer base. Therefore, we determine that
expedited action is warranted and we preliminarily find that Woongjin
is the successor-in-interest to Saehan and, thus, should receive the
same antidumping duty treatment with respect to PSF from Korea. Because
we have concluded that expedited action is warranted, we are combining
these notices of initiation and preliminary results.
Public Comment
Any interested party may request a hearing within 30 days of
publication of this notice. Any hearing, if requested, will be held no
later than 44 days after the date of publication of this notice, or the
first workday thereafter. Persons interested in attending the hearing,
if one is requested, should contact the Department for the date and
time of the hearing.
Case briefs from interested parties may be submitted not later than
30 days after the date of publication of this notice. Rebuttal briefs,
limited to the issues raised in those comments, may be filed not later
than 37 days after the date of publication of this notice. All written
comments shall be submitted in accordance with 19 CFR 351.303. The
Department will publish the final results of this changed circumstances
review, in accordance with 19 CFR 351.216(e).
The current requirement for a cash deposit of estimated antidumping
duties on all subject merchandise will continue unless and until it is
modified pursuant to the final results of this changed circumstances
review.
We are issuing and publishing these results and notice in
accordance with sections 751(b)(1) and 777(i)(1) and (2) of the Act and
19 CFR 351.216.
Dated: June 6, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-13506 Filed 6-13-08; 8:45 am]
BILLING CODE 3510-DS-P
