Polyester Staple Fiber From Taiwan: Initiation and Preliminary Results of Changed-Circumstances Antidumping Duty Administrative Review, 4044-4046 [2010-1512]
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4044
Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Notices
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Atmospheric Administration (NOAA),
Commerce.
ACTION: Issuance of permit.
SUMMARY: Notice is hereby given the
Delaware Department of Natural
Resources and Environmental ControlDivision of Fish and Wildlife, Dover,
DE, has been issued a permit to take
shortnose sturgeon (Acipenser
brevirostrum) for purposes of scientific
research.
ADDRESSES: The permit and related
documents are available for review
upon written request or by appointment
in the following office(s):
• Permits, Conservation and
Education Division, Office of Protected
Resources, NMFS, 1315 East-West
Highway, Room 13705, Silver Spring,
MD 20910; phone (301) 713–2289; fax
(301) 713–0376; and
• Northeast Region, NMFS, Protected
Resources Division, 55 Great Republic
Drive, Gloucester, MA 01930; phone
(978) 281–9300; fax (978) 281–9333.
FOR FURTHER INFORMATION CONTACT:
Malcolm Mohead or Kate Swails, (301)
713–2289.
SUPPLEMENTARY INFORMATION: On August
25, 2009, notice was published in the
Federal Register (74 FR 42861) that a
request for a scientific research permit
to take shortnose sturgeon had been
submitted by the above-named
organization. The requested permit has
been issued under the authority of the
Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.)
and the regulations governing the
taking, importing, and exporting of
endangered and threatened species (50
CFR parts 222–226).
The applicant is authorized to
conduct a five-year scientific study of
shortnose sturgeon in the Delaware
River where primary study objectives
are to locate and document nursery
areas, individual movement patterns,
seasonal movements, home ranges, and
habitats of juvenile shortnose sturgeon
using telemetry. The project will be
coordinated with an ongoing Atlantic
sturgeon (Acipenser oxyrinchus
oxyrhinchus) study having similar
research objectives. Annually, up to 100
shortnose sturgeon will be weighed,
measured, examined for tags, marked
with Passive Integrated Transponder
(PIT) tags and Floy tags, photographed
and released. Additionally, a subset of
up to 15 juvenile shortnose sturgeon
will be anesthetized and implanted with
acoustic transmitters. One unintentional
mortality is authorized over the five
year term of the project where sampling
is scheduled from March 1 to December
15 each year.
VerDate Nov<24>2008
14:10 Jan 25, 2010
Jkt 220001
Issuance of this permit, as required by
the ESA, was based on a finding that
such permit (1) was applied for in good
faith, (2) will not operate to the
disadvantage of such endangered or
threatened species, and (3) is consistent
with the purposes and policies set forth
in section 2 of the ESA.
Dated: January 19, 2010.
Tammy C. Adams,
Acting Chief, Permits, Conservation and
Education Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2010–1493 Filed 1–25–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–825]
Stainless Steel Bar From Brazil:
Extension of Time Limit for Preliminary
Results of Antidumping Duty
Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Catherine Cartsos, AD/CVD Operations,
Office 5, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202)
482–1757.
SUPPLEMENTARY INFORMATION:
Background
At the request of interested parties,
the Department of Commerce (the
Department) initiated an administrative
review of the antidumping duty order
on certain stainless steel bar from Brazil
for the period February 1, 2008, through
January 31, 2009. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Requests
for Revocation in Part, 74 FR 12310
(March 24, 2009). On October 29, 2009,
we extended the time period for issuing
the preliminary results of the review by
90 days until January 29, 2010. See
Stainless Steel Bar From Brazil:
Extension of Time Limit for Preliminary
Results of Antidumping Duty
Administrative Review, 74 FR 55812
(October 29, 2009).
Extension of Time Limit for Preliminary
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), requires
the Department to make a preliminary
determination within 245 days after the
last day of the anniversary month of an
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order for which a review is requested
and a final determination within 120
days after the date on which the
preliminary determination is published.
If it is not practicable to complete the
review within these time periods,
section 751(a)(3)(A) of the Act allows
the Department to extend the time limit
for the preliminary determination to a
maximum of 365 days after the last day
of the anniversary month of the order.
See also 19 CFR 351.213(h).
We determine that it is not practicable
to complete the preliminary results of
this review by the current deadline of
January 29, 2010, for several reasons.
Specifically, the Department has granted
the respondent, Villares Metals S.A.
(Villares), several extensions to respond
to the original and supplemental
questionnaires. Thus, the Department
needs additional time to review and
analyze the responses submitted by
Villares. Further, the Department
requires additional time to review issues
such as corporate affiliations and steel
grades of products reported by Villares
as they will affect the Department’s
matching methodology in this case.
Finally, in response to the petitioners’
cost allegation submitted on September
9, 2009, we initiated a cost investigation
on October 28, 2009, and received
Villares’s cost information on November
23, 2009. As a result, the Department
requires additional time not only to
review and analyze Villares’s cost
information but also collect additional
cost information. Therefore, we are
extending the time period for issuing
the preliminary results of this review by
30 days until March 1, 2010.
This notice is published in
accordance with sections 751(a)(3)(A)
and 777(i)(1) of the Act and 19 CFR
351.213(h)(2).
Dated: January 19, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–1513 Filed 1–25–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–833]
Polyester Staple Fiber From Taiwan:
Initiation and Preliminary Results of
Changed-Circumstances Antidumping
Duty Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
E:\FR\FM\26JAN1.SGM
26JAN1
Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Notices
SUMMARY: In response to a request from
Far Eastern New Century Corporation,
the Department of Commerce is
initiating a changed-circumstances
review of the antidumping duty order
on polyester staple fiber from Taiwan.
We have preliminarily concluded that
Far Eastern New Century Corporation is
the successor-in-interest to Far Eastern
Textile Limited and, as a result, should
be accorded the same treatment
previously accorded to Far Eastern
Textile Limited with regard to the
antidumping duty order on polyester
staple fiber from Taiwan. Interested
parties are invited to comment on these
preliminary results.
DATES: Effective Date: January 26, 2010.
FOR FURTHER INFORMATION CONTACT:
Michael A. Romani or Richard
Rimlinger, AD/CVD Operations, Office
5, Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: (202) 482–0198, or
(202) 482–4477, respectively.
SUPPLEMENTARY INFORMATION:
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Background
On May 25, 2000, the Department of
Commerce (the Department) published
in the Federal Register an antidumping
duty order on polyester staple fiber from
Taiwan. See Notice of Amended Final
Determination of Sales at Less Than
Fair Value: Certain Polyester Staple
Fiber From the Republic of Korea and
Antidumping Duty Orders: Certain
Polyester Staple Fiber From the
Republic of Korea and Taiwan, 65 FR
33807 (May 25, 2000) (Antidumping
Order). One of the companies subject to
the investigation was Far Eastern Textile
Limited (FET).1
FET has participated in several
administrative reviews of the
Antidumping Order. On December 4,
2009, FET notified the Department that
on October 13, 2009, it had legally
changed its name to Far Eastern New
Century Corporation (FENC). At that
time FET requested that the Department
conduct a changed-circumstances
review to determine whether FENC is
the successor-in-interest to FET.
Scope of the Order
The product covered by the order is
certain polyester staple fiber (PSF). PSF
is defined as synthetic staple fibers, not
1 Although the Department referred to FET as Far
Eastern Corporation in the Antidumping Order and
in a subsequent sunset review, in all other segments
of the proceeding the Department has referred to
FET as Far Eastern Textile Limited. See, e.g.,
Certain Polyester Staple Fiber From Taiwan: Final
Results of Antidumping Duty Administrative
Review, 74 FR 18348 (April 22, 2009).
VerDate Nov<24>2008
14:10 Jan 25, 2010
Jkt 220001
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 the 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 5503.20.00.20 is specifically
excluded from the order. Also
specifically excluded from the order are
PSF 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
the 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 the 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
subject to the order 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, 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 order which shows
changed circumstances sufficient to
warrant a review of the order. The
information submitted by FENC
claiming that FENC is the successor-ininterest to FET demonstrates changed
circumstances sufficient to warrant such
a review. See 19 CFR 351.216(d).
Therefore, we are initiating a changedcircumstances review.
Analysis of Changed Circumstances
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 management, production
facilities, supplier relationships, and
customer base. See Notice of Final
Results of Changed Circumstances
Antidumping Duty Administrative
Review: Polychloroprene Rubber From
Japan, 67 FR 58 (January 2, 2002) (Japan
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Fmt 4703
Sfmt 4703
4045
Rubber), citing Brass Sheet and Strip
From Canada; Final Results of
Antidumping Duty Administrative
Review, 57 FR 20460 (May 13, 1992)
(Canada Brass). Although no single or
even several of these factors will
necessarily provide a dispositive
indication of succession, generally the
Department will consider one company
to be a successor to another company if
its resulting operation is similar to that
of its predecessor. See, e.g., Industrial
Phosphoric Acid From Israel; Final
Results of Antidumping Duty Changed
Circumstances Review, 59 FR 6944
(February 14, 1994); see also Canada
Brass, 57 FR at 20460. 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 cashdeposit rate of its predecessor. See
Japan Rubber, 67 FR at 59; see also
Circular Welded Non-Alloy Steel Pipe
From Korea; Final Results of
Antidumping Duty Changed
Circumstances Review, 63 FR 20572
(April 27, 1998) (finding successorship
where the company only changed its
name and did not change its
operations).
In its December 4, 2009, submission,
FENC provided the following
information to demonstrate that it is the
successor-in-interest to FET: (1) A press
release dated October 13, 2009,
announcing the name change; (2) two
disclosures to the Taiwan Stock
Exchange dated October 13, 2009, and
October 20, 2009, announcing the name
change and government approval
thereof; (3) a certificate issued from the
Bureau of Foreign Trade, Ministry of
Economic Affairs, that states that the
new English (and Chinese) names have
been registered with the Bureau; (4) a
letter from the Ministry of Economic
Affairs approving the name change and
amendment of Articles of Incorporation;
(5) a letter from the Ministry of
Economic Affairs approving FET’s
application to register the issuance of
new shares (under the old name). See
FENC’s December 4, 2009, submission
at Exhibits 1–5.
FENC’s December 4, 2009, submission
states that the only change is the name
and that there have been no changes
regarding FET’s organization,
ownership, management, production
facilities, supplier relationships and
customer base. See FENC’s December 4,
2009, submission at 1–2. The press
release at Exhibit 1 of FENC’s December
4, 2009, submission shows that the
company publicly announced the fact
that its shareholders had voted to
E:\FR\FM\26JAN1.SGM
26JAN1
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
4046
Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010 / Notices
rename the company at a shareholder’s
meeting held on October 13, 2009.
Operational changes mentioned in this
announcement signaled that FENC
would not only continue production but
would expand and modernize
operations for the production of subject
merchandise. This conclusion is
supported by the following three
statements made by Chairman Hsu
regarding his intentions toward the PSF
industry: (1) ‘‘to accelerate growth
through internal expansions, technology
innovations, as well as mergers and
acquisitions;’’ (2) ‘‘to scale up its
production of recyclable and/or biodegradable products’’ including
‘‘recycled chips and recycled fibers,’’
two inputs used in the production of
PSF; 3) the dedication of staff ‘‘to the
upgrade of facilities in order to reduce
the energy consumed in the production
process.’’ See FENC’s December 4, 2009,
submission at Exhibit 1, at 1. These
statements made in its press release
support the contention that FENC
operates as FET did. FENC’s announced
plans for expansion of production and
investment in modernizing plant and
equipment indicates that the company
does not plan to divest itself of its
current production facilities.
Exhibit 2 of FENC’s December 4,
2009, submission demonstrates FENC’s
disclosure of its name change and the
government’s approval thereof to the
Taiwanese Stock Exchange on October
13, 2009, and October 20, 2009,
respectively. Exhibit 3 of FENC’s
December 4, 2009, submission
demonstrates certification of FENC’s
Chinese and English language name
changes by the Taiwanese Bureau of
Foreign Trade, Ministry of Economic
Affairs, in a certification letter dated
October 28, 2009.
Exhibit 4 of FENC’s December 4,
2009, submission demonstrates that the
government of Taiwan approved the
name change and related changes to
FET/FENC’s Articles of Incorporation.
In this exhibit, FENC submitted an
approved request for the application for
name change containing a ‘‘Company
Limited by Shares—Change Registration
Form’’ dated October 15, 2009. Taiwan’s
Ministry of Economic Affairs approved
the name change and amendments to
FENC’s Articles of Incorporation on
October 19, 2009 (reference number
09801241180). See FENC’s December 4,
2009, submission at Exhibit 4, at 8.
Exhibit 5 demonstrates that the
government of Taiwan registered the
issuance of new shares of stock while
the company was still named FET on
September 16, 2009. Both exhibits
include ‘‘Company Limited by Shares—
Change Registration Forms’’ and these
VerDate Nov<24>2008
14:10 Jan 25, 2010
Jkt 220001
forms from before and after the name
change include identical unified
business numbers, addresses, legal
representatives, capital, directors,
managers, officers, and business scope.
See FENC’s December 4, 2009,
submission at Exhibit 4, at 9–14; see
also FENC’s December 4, 2009,
submission at Exhibit 5, at 9–14.
According to FENC’s December 4, 2009,
submission, the legal status of
companies incorporated in Taiwan is
substantiated by the ‘‘Company Limited
by Shares—Change Registration Form’’
issued by the Ministry of Economic
Affairs. See FENC’s December 4, 2009,
submission at 2.
Preliminary Results of the Review
When it concludes that expedited
action is warranted, the Department
may publish the notice of initiation and
preliminary results for a changedcircumstances review concurrently. See
19 CFR 351.221(c)(3)(ii). See also
Initiation and Preliminary Results of
Antidumping Duty Changed
Circumstances Review: Canned
Pineapple Fruit From Thailand, 69 FR
30878 (June 1, 2004). Based on the
information on the record, we have
determined that expedition of this
changed-circumstances review is
warranted. In this case, based on the
analysis discussed above, we
preliminarily find that FENC is the
successor-in-interest to FET and, as
such, is entitled to FET’s cash-deposit
rate with respect to entries of subject
merchandise.
Public Comment
Any interested party may request a
hearing within 14 days of publication of
this notice. See 19 CFR 351.310(c). Any
hearing, if requested, will be held 28
days after the date of publication of this
notice or the first working day
thereafter. Interested parties may submit
case briefs and/or written comments not
later than 14 days after the date of
publication of this notice. Rebuttal
briefs and rebuttals to written
comments, which must be limited to
issues raised in such briefs or
comments, may be filed not later than
21 days after the date of publication of
this notice. Parties who submit case
briefs or rebuttal briefs in this changedcircumstances 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. Consistent
with 19 CFR 351.216(e), we will issue
the final results of this changedcircumstances review no later than 270
days after the date on which this review
was initiated or within 45 days of
PO 00000
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Fmt 4703
Sfmt 4703
publication of these preliminary results
if all parties agree to our preliminary
finding.
We are issuing and publishing this
notice of initiation and preliminary
results 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: January 19, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–1512 Filed 1–25–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XT82
Marine Mammals; File No. 14676
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit.
SUMMARY: Notice is hereby given that
Paul Ponganis, Ph.D., University of
California at San Diego, La Jolla, CA,
92093 has been issued a permit to
conduct research on California sea lions
(Zalophus californianus).
ADDRESSES: The permit and related
documents are available for review
upon written request or by appointment
in the following office(s):
• Permits, Conservation and
Education Division, Office of Protected
Resources, NMFS, 1315 East-West
Highway, Room 13705, Silver Spring,
MD 20910; phone (301) 713–2289; fax
(301) 713–0376; and
• Southwest Region, NMFS, 501 West
Ocean Blvd., Suite 4200, Long Beach,
CA 90802–4213; phone (562) 980–4001;
fax (562) 980–4018.
FOR FURTHER INFORMATION CONTACT: Kate
Swails or Tammy Adams, (301) 713–
2289.
SUPPLEMENTARY INFORMATION: On
October 15, 2009, notice was published
in the Federal Register (74 FR 52949)
that a request for a permit to conduct
research had been submitted by the
above-named applicant. The requested
permit has been issued under the
authority of the Marine Mammal
Protection Act of 1972, as amended (16
U.S.C. 1361 et seq.) and the regulations
governing the taking and importing of
marine mammals (50 CFR part 216).
The purpose of this research is to
determine the role of blood oxygen store
depletion in the dive behavior and
E:\FR\FM\26JAN1.SGM
26JAN1
]]>Agencies
[Federal Register Volume 75, Number 16 (Tuesday, January 26, 2010)]
[Notices]
[Pages 4044-4046]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1512]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-833]
Polyester Staple Fiber From Taiwan: Initiation and Preliminary
Results of Changed-Circumstances Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
[[Page 4045]]
SUMMARY: In response to a request from Far Eastern New Century
Corporation, the Department of Commerce is initiating a changed-
circumstances review of the antidumping duty order on polyester staple
fiber from Taiwan. We have preliminarily concluded that Far Eastern New
Century Corporation is the successor-in-interest to Far Eastern Textile
Limited and, as a result, should be accorded the same treatment
previously accorded to Far Eastern Textile Limited with regard to the
antidumping duty order on polyester staple fiber from Taiwan.
Interested parties are invited to comment on these preliminary results.
DATES: Effective Date: January 26, 2010.
FOR FURTHER INFORMATION CONTACT: Michael A. Romani or Richard
Rimlinger, AD/CVD Operations, Office 5, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202) 482-0198, or (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 25, 2000, the Department of Commerce (the Department)
published in the Federal Register an antidumping duty order on
polyester staple fiber from Taiwan. See Notice of Amended Final
Determination of Sales at Less Than Fair Value: Certain Polyester
Staple Fiber From the Republic of Korea and Antidumping Duty Orders:
Certain Polyester Staple Fiber From the Republic of Korea and Taiwan,
65 FR 33807 (May 25, 2000) (Antidumping Order). One of the companies
subject to the investigation was Far Eastern Textile Limited (FET).\1\
---------------------------------------------------------------------------
\1\ Although the Department referred to FET as Far Eastern
Corporation in the Antidumping Order and in a subsequent sunset
review, in all other segments of the proceeding the Department has
referred to FET as Far Eastern Textile Limited. See, e.g., Certain
Polyester Staple Fiber From Taiwan: Final Results of Antidumping
Duty Administrative Review, 74 FR 18348 (April 22, 2009).
---------------------------------------------------------------------------
FET has participated in several administrative reviews of the
Antidumping Order. On December 4, 2009, FET notified the Department
that on October 13, 2009, it had legally changed its name to Far
Eastern New Century Corporation (FENC). At that time FET requested that
the Department conduct a changed-circumstances review to determine
whether FENC is the successor-in-interest to FET.
Scope of the Order
The product covered by the order is certain polyester staple fiber
(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 the 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 5503.20.00.20 is specifically
excluded from the order. Also specifically excluded from the order are
PSF 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 the 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 the 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 subject to the order 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, 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
order which shows changed circumstances sufficient to warrant a review
of the order. The information submitted by FENC claiming that FENC is
the successor-in-interest to FET demonstrates changed circumstances
sufficient to warrant such a review. See 19 CFR 351.216(d). Therefore,
we are initiating a changed-circumstances review.
Analysis of Changed Circumstances
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
management, production facilities, supplier relationships, and customer
base. See Notice of Final Results of Changed Circumstances Antidumping
Duty Administrative Review: Polychloroprene Rubber From Japan, 67 FR 58
(January 2, 2002) (Japan Rubber), citing Brass Sheet and Strip From
Canada; Final Results of Antidumping Duty Administrative Review, 57 FR
20460 (May 13, 1992) (Canada Brass). Although no single or even several
of these factors will necessarily provide a dispositive indication of
succession, generally the Department will consider one company to be a
successor to another company if its resulting operation is similar to
that of its predecessor. See, e.g., Industrial Phosphoric Acid From
Israel; Final Results of Antidumping Duty Changed Circumstances Review,
59 FR 6944 (February 14, 1994); see also Canada Brass, 57 FR at 20460.
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. See Japan
Rubber, 67 FR at 59; see also Circular Welded Non-Alloy Steel Pipe From
Korea; Final Results of Antidumping Duty Changed Circumstances Review,
63 FR 20572 (April 27, 1998) (finding successorship where the company
only changed its name and did not change its operations).
In its December 4, 2009, submission, FENC provided the following
information to demonstrate that it is the successor-in-interest to FET:
(1) A press release dated October 13, 2009, announcing the name change;
(2) two disclosures to the Taiwan Stock Exchange dated October 13,
2009, and October 20, 2009, announcing the name change and government
approval thereof; (3) a certificate issued from the Bureau of Foreign
Trade, Ministry of Economic Affairs, that states that the new English
(and Chinese) names have been registered with the Bureau; (4) a letter
from the Ministry of Economic Affairs approving the name change and
amendment of Articles of Incorporation; (5) a letter from the Ministry
of Economic Affairs approving FET's application to register the
issuance of new shares (under the old name). See FENC's December 4,
2009, submission at Exhibits 1-5.
FENC's December 4, 2009, submission states that the only change is
the name and that there have been no changes regarding FET's
organization, ownership, management, production facilities, supplier
relationships and customer base. See FENC's December 4, 2009,
submission at 1-2. The press release at Exhibit 1 of FENC's December 4,
2009, submission shows that the company publicly announced the fact
that its shareholders had voted to
[[Page 4046]]
rename the company at a shareholder's meeting held on October 13, 2009.
Operational changes mentioned in this announcement signaled that FENC
would not only continue production but would expand and modernize
operations for the production of subject merchandise. This conclusion
is supported by the following three statements made by Chairman Hsu
regarding his intentions toward the PSF industry: (1) ``to accelerate
growth through internal expansions, technology innovations, as well as
mergers and acquisitions;'' (2) ``to scale up its production of
recyclable and/or bio-degradable products'' including ``recycled chips
and recycled fibers,'' two inputs used in the production of PSF; 3) the
dedication of staff ``to the upgrade of facilities in order to reduce
the energy consumed in the production process.'' See FENC's December 4,
2009, submission at Exhibit 1, at 1. These statements made in its press
release support the contention that FENC operates as FET did. FENC's
announced plans for expansion of production and investment in
modernizing plant and equipment indicates that the company does not
plan to divest itself of its current production facilities.
Exhibit 2 of FENC's December 4, 2009, submission demonstrates
FENC's disclosure of its name change and the government's approval
thereof to the Taiwanese Stock Exchange on October 13, 2009, and
October 20, 2009, respectively. Exhibit 3 of FENC's December 4, 2009,
submission demonstrates certification of FENC's Chinese and English
language name changes by the Taiwanese Bureau of Foreign Trade,
Ministry of Economic Affairs, in a certification letter dated October
28, 2009.
Exhibit 4 of FENC's December 4, 2009, submission demonstrates that
the government of Taiwan approved the name change and related changes
to FET/FENC's Articles of Incorporation. In this exhibit, FENC
submitted an approved request for the application for name change
containing a ``Company Limited by Shares--Change Registration Form''
dated October 15, 2009. Taiwan's Ministry of Economic Affairs approved
the name change and amendments to FENC's Articles of Incorporation on
October 19, 2009 (reference number 09801241180). See FENC's December 4,
2009, submission at Exhibit 4, at 8. Exhibit 5 demonstrates that the
government of Taiwan registered the issuance of new shares of stock
while the company was still named FET on September 16, 2009. Both
exhibits include ``Company Limited by Shares--Change Registration
Forms'' and these forms from before and after the name change include
identical unified business numbers, addresses, legal representatives,
capital, directors, managers, officers, and business scope. See FENC's
December 4, 2009, submission at Exhibit 4, at 9-14; see also FENC's
December 4, 2009, submission at Exhibit 5, at 9-14. According to FENC's
December 4, 2009, submission, the legal status of companies
incorporated in Taiwan is substantiated by the ``Company Limited by
Shares--Change Registration Form'' issued by the Ministry of Economic
Affairs. See FENC's December 4, 2009, submission at 2.
Preliminary Results of the Review
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. See 19 CFR
351.221(c)(3)(ii). See also Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review: Canned Pineapple Fruit
From Thailand, 69 FR 30878 (June 1, 2004). Based on the information on
the record, we have determined that expedition of this changed-
circumstances review is warranted. In this case, based on the analysis
discussed above, we preliminarily find that FENC is the successor-in-
interest to FET and, as such, is entitled to FET's cash-deposit rate
with respect to entries of subject merchandise.
Public Comment
Any interested party may request a hearing within 14 days of
publication of this notice. See 19 CFR 351.310(c). Any hearing, if
requested, will be held 28 days after the date of publication of this
notice or the first working day thereafter. Interested parties may
submit case briefs and/or written comments not later than 14 days after
the date of publication of this notice. Rebuttal briefs and rebuttals
to written comments, which must be limited to issues raised in such
briefs or comments, may be filed not later than 21 days after the date
of publication of this notice. 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. 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 notice of initiation and
preliminary results 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: January 19, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-1512 Filed 1-25-10; 8:45 am]
BILLING CODE 3510-DS-P
