Certain Polyester Staple Fiber From the Republic of Korea: Preliminary Results of Changed Circumstances Review, 62595-62597 [2014-24907]

Download as PDF Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Notices information. Therefore, and consistent with the Department’s practice, for the ‘‘all-others’’ rate, we calculated a simple average of the two mandatory respondents’ rates.6 We determine the total estimated net countervailable subsidy rates to be: Company Subsidy rate (percent) We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (‘‘APO’’), without the written consent of the Assistant Secretary for Enforcement and Compliance. Return or Destruction of Proprietary Information In the event that the ITC issues a final negative injury determination, this 5.71 notice will serve as the only reminder to parties subject to an APO of their 1.87 responsibility concerning the 14.23 destruction of proprietary information disclosed under APO in accordance As a result of our Preliminary with 19 CFR 351.305(a)(3). Timely Determination, and pursuant to section written notification of the return/ 703(d) of the Act, we instructed U.S. destruction of APO materials or Customs and Border Protection (CBP) to conversion to judicial protective order is suspend liquidation of all entries of hereby requested. Failure to comply merchandise under consideration from with the regulations and terms of an the PRC that were entered or withdrawn APO is a violation which is subject to from warehouse, for consumption on or sanction. after April 18, 2014, the date of This determination is issued and publication of the Preliminary published pursuant to sections 705(d) Determination in the Federal Register. and 777(i) of the Act. In accordance with section 703(d) of the Dated: October 14, 2014. Act, we issued instructions to CBP to Paul Piquado, discontinue the suspension of liquidation for CVD purposes for subject Assistant Secretary for Enforcement and Compliance. merchandise entered, or withdrawn from warehouse, on or after August 16, Appendix—Issues and Decision 2014, but to continue the suspension of Memorandum liquidation of all entries from April 18, 1. Whether Loans Provided by Banks Other 2014, through August 15, 2014. Than the ‘‘Big Four’’ Are Countervailable If the U.S. International Trade 2. Whether the Department is Properly Commission (‘‘ITC’’) issues a final Countervailing Loans to Companies affirmative injury determination, we Producing a Disfavored Product will issue a CVD order and reinstate the 3. Whether AFA is Warranted With Regard to suspension of liquidation under section the Fluorospar for LTAR Program & 706(a) of the Act and will require a cash Whether the Program is Countervailable deposit of estimated CVDs for such 4. Whether Partial AFA is Warranted For the Mining Rights for LTAR Program entries of merchandise in the amounts 5. Whether the Department Should Calculate indicated above. If the ITC determines a Separate Combination Rate for Weitron that material injury, or threat of material 6. Whether the Department Correctly Treated injury, does not exist, this proceeding the Tax and VAT Programs as Recurring will be terminated and all estimated Subsidies duties deposited or securities posted as 7. Bluestar’s Minor Corrections With Regard a result of the suspension of liquidation to Electricity will be refunded or canceled. 8. Whether the Department Correctly T.T. International Co., Ltd. ... JUHUA (including Zhejiang Quhua Fluor-Chemistry Co., Ltd., and other Juhua Stock Companies) ............. Jiangsu Bluestar Green Technology Co., Ltd. ......... All Others .............................. 22.75 tkelley on DSK3SPTVN1PROD with NOTICES ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary information related to this investigation. 6 See, e.g., Countervailing Duty Investigation of Chlorinated Isocyanurates from the People’s Republic of China: Preliminary Determination and Alignment of Final Determination With Final Antidumping Determination, 79 FR 10097 (February 24, 2014). We did not include Bluestar in the ‘‘all-others’’ rate because it was not a mandatory respondent. VerDate Sep<11>2014 16:28 Oct 17, 2014 Jkt 235001 Calculated the Electricity Benchmark 9. Whether the Department Correctly Included Purchases Made for Trading Purchases in its Fluorspar Calculation for JUHUA 10. Whether the Department Correctly Included Purchases Made From Trading Companies in its Fluorspar Calculation for JUHUA 11. Whether Certain Types of Financing are Countervailable 12. Whether the Department Used the Correct Denominator for Juhua Mining 13. Whether the Department Correctly Attributed Subsidies for Sinochem Taicang 14. Whether the Department Correctly PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 62595 Calculated the Benchmark for Loan Programs 15. Whether the Department Double Counted Loans Received by Sinochem Lantian 16. Whether the Department Correctly Calculated the Acidspar Benchmark 17. Whether the Department Should Cumulate the Subsidy Rates of Three AHF Suppliers to Sinochem 18. Whether the Attribution of Subsidies Received by Authorities is a Departure from Department Practice and Results in Double Counting of Subsidy Benefits 19. Whether the Department Properly Rejected Sinochem’s August 1, 2014, Submission as Untimely 20. Whether the Department Should Apply the Program-Wide Change Rule and Not Calculate a Subsidy Rate for the TwoFree Three-Half Program [FR Doc. 2014–24912 Filed 10–17–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–839] Certain Polyester Staple Fiber From the Republic of Korea: Preliminary Results of Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from Toray Chemical Korea Inc. (Toray), a producer/exporter of certain polyester staple fiber (PSF) from the Republic of Korea (Korea), and pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216, the Department of Commerce (Department) preliminarily determines that Toray is the successor-in-interest to Woongjin Chemical Co., Ltd (Woongjin). We invite interested parties to comment on these preliminary results. DATES: Effective Date: October 20, 2014. FOR FURTHER INFORMATION CONTACT: Austin Redington at (202) 482–1664 or Nancy Decker at (202) 482–0196, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 25, 2000, the Department published notice of the antidumping duty order on PSF from Korea in the Federal Register.1 On July 2, 2014, 1 See Notice of Amended Final Determination of Sales at Less Than Fair Value: Certain Polyester Staple Fiber From the Republic of Korea and E:\FR\FM\20OCN1.SGM Continued 20OCN1 62596 Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Notices Toray requested that the Department conduct a changed circumstances review pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(b) to determine whether it is the successorin-interest to Woongjin for purposes of the Order.2 We received no comments from other interested parties. On August 13, 2014, the Department initiated a changed circumstances review explaining that, while there was sufficient evidence to initiate a successor-in-interest review, it was necessary for the Department to request additional information for this review as provided by 19 CFR 351.221(b)(2).3 On August 18, 2014, the Department issued a supplemental questionnaire to Toray, to which Toray responded on September 4, 2014.4 We received no comments from other interested parties concerning Toray’s questionnaire response. tkelley on DSK3SPTVN1PROD with NOTICES Scope of the Order The product covered by the order is certain PSF. The merchandise subject to this order is classified in the HTSUS at subheadings 5503.20.00.40 and 5503.20.00.60. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of this order is dispositive. A complete description of the scope of the order is contained in the Preliminary Decision Memorandum.5 The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at https://iaaccess.trade.gov, and IA ACCESS is available to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Antidumping Duty Orders: Certain Polyester Staple Fiber From the Republic of Korea and Taiwan, 65 FR 33807 (May 25, 2000) (Order). 2 See Letter from Toray, ‘‘Certain Polyester Staple Fiber from the Republic of Korea’’ (July 2, 2014) (CCR Request). 3 See Certain Polyester Staple Fiber From the Republic of Korea: Initiation of Changed Circumstances Review, 79 FR 49285 (August 20, 2014). 4 See Letter from Toray, ‘‘Certain Polyester Staple Fiber from the Republic of Korea: Questionnaire Response’’ (September 4, 2014) (Toray’s Questionnaire Response). 5 See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Decision Memorandum for Preliminary Results of Changes Circumstances Review: Certain Polyester Staple Fiber from the Republic of Korea’’ (Preliminary Decision Memorandum), dated concurrently with and hereby adopted by this notice. VerDate Sep<11>2014 16:28 Oct 17, 2014 Jkt 235001 Memorandum can be accessed directly at https://enforcement.trade.gov/frn/ index.html. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Methodology In accordance with section 751(b)(1) of the Act, we are conducting this changed circumstances review based upon the information contained in Toray’s submissions.6 In making a successor-in-interest determination, the Department typically examines several factors including, but not limited to, changes in: (1) Management; (2) production facilities; (3) supplier relationships; and (4) customer base.7 While no single factor or combination of factors will necessarily be dispositive, the Department generally will consider the new company to be the successor to the predecessor if the resulting operations of the successor are not materially dissimilar to that of its predecessor.8 Thus, if the record demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as the same business entity as the predecessor company, the Department may assign the new company the cash deposit rate of its predecessor.9 For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Preliminary Results of the Changed Circumstances Review Based on the evidence reviewed, we preliminarily determine that Toray is the successor-in-interest to Woongjin. Specifically, we find that the change of the company name from ‘‘Woongjin Chemical Co., Ltd’’ to ‘‘Toray Chemical Korea Inc.’’ resulted in no material changes to management, production facilities, supplier relationships, customer relationships, or ownership/ legal structure with respect to the production and sale of the subject merchandise. Thus, we preliminarily determine that Toray operates as the 6 See CCR Request; Toray’s Questionnaire Response. 7 See, e.g., Certain Activated Carbon From the People’s Republic of China: Notice of Initiation of Changed Circumstances Review, 74 FR 19934, 19935 (April 30, 2009). 8 See, e.g., Notice of Initiation of Antidumping Duty Changed Circumstances Review: Certain Forged Stainless Steel Flanges from India, 71 FR 327, 327 (January 4, 2006). 9 See, e.g., Fresh and Chilled Atlantic Salmon From Norway; Final Results of Changed Circumstances Antidumping Duty Administrative Review, 64 FR 9979, 9980 (March 1, 1999). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 same business entity as Woongjin with respect to the subject merchandise. A list of topics discussed in the Preliminary Decision Memorandum appears in the Appendix to this notice. If the Department upholds these preliminary results in the final results, Toray will be assigned the cash deposit rate currently assigned to Woongjin with respect to the subject merchandise (i.e., the 2.13 percent cash deposit rate currently assigned to Woongjin).10 If these preliminary results are adopted in the final results of this changed circumstances review, we will instruct U.S. Customs and Border Protection to suspend liquidation of entries of PSF made by Toray, effective on the publication date of the final results, at the cash deposit rate assigned to Woongjin. Public Comment Interested parties may submit case briefs not later than 30 days after the date of publication of this notice in the Federal Register.11 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the case briefs are filed.12 Parties that submit case or rebuttal briefs are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. All briefs are to be filed electronically using IA ACCESS.13 An electronically filed document must be received successfully in its entirety by IA ACCESS by 5:00 p.m. Eastern Time on the day on which it is due.14 Interested parties who wish to request a hearing, or to participate in one if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance using IA ACCESS within 30 days after the date of publication of this notice in the Federal Register.15 Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. Oral presentations will be limited to issues raised in the case and rebuttal briefs. If 10 See Notice of Amended Final Results of Antidumping Duty Administrative Review: Certain Polyester Staple Fiber from Korea, 69 FR 67891, 67891 (November 22, 2004) (providing weightedaverage dumping margin for Woongjin’s predecessor, Seahan Industries, Inc.); see also Notice of Final Results of Changed Circumstances Antidumping Duty Review: Certain Polyester Staple Fiber from the Republic of Korea, 73 FR 49168 (August 20, 2008) (finding Woongjin as successorin-interest to Seahan Industries, Inc.). 11 See 19 CFR 351.309(c)(1)(ii). 12 See 19 CFR 351.309(d)(1). 13 See 19 CFR 351.303(b) and (f). 14 See 19 CFR 351.303(b). 15 See 19 CFR 351.310(c). E:\FR\FM\20OCN1.SGM 20OCN1 Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Notices a request for a hearing is made, we will inform parties of the scheduled date for the hearing, which will be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined.16 Parties should confirm by telephone the date, time, and location of the hearing. Final Results of the Review In accordance with 19 CFR 351.216(e), the Department intends to issue the final results of this changed circumstances review not later than 270 days after the date on which the review is initiated, or within 45 days if all parties agree to our preliminary finding. Notification to Interested Parties This notice is issued and published in accordance with sections 751(b)(l) and 777(i)(l) of the Act. Dated: October 14, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Results of Changed Circumstances Review V. Recommendation BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–998] 1,1,1,2-Tetrafluroethane From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: We determine that 1,1,1,2Tetrafluroethane (‘‘tetrafluoroethane’’) from the People’s Republic of China (‘‘PRC’’) is being, or is likely to be, sold in the United States at less than fair value (‘‘LTFV’’), as provided in section 735 of the Tariff Act of 1930, as amended (‘‘the Act’’). This investigation’s final dumping margins are in the ‘‘Final Determination Margins’’ section, infra. DATES: Effective Date: October 20, 2014. FOR FURTHER INFORMATION CONTACT: Frances Veith or Bob Palmer, AD/CVD tkelley on DSK3SPTVN1PROD with NOTICES 16 See 19 CFR 351.310. VerDate Sep<11>2014 16:28 Oct 17, 2014 Jkt 235001 Background On May 29, 2014, the Department of Commerce (‘‘Department’’) published its Preliminary Determination 1 and postponement of the final determination in the LTFV investigation of tetrafluoroethane from the PRC and on July 1, 2014, we published an Amended Preliminary Determination.2 We invited interested parties to comment on our Preliminary Determination of sales at LTFV and Amended Preliminary Determination. For a list of the parties that filed case and rebuttal briefs, see the Issues and Decision Memorandum.3 On September 30, 2014, the Department held a public hearing limited to issues raised in case and rebuttal briefs. Period of Investigation The period of investigation (‘‘POI’’) is April 1, 2013, through September 30, 2013. This period corresponds to the two most recent fiscal quarters prior to the month of the filing of the petition, which was October 2013.4 Scope of the Investigation The product subject to this investigation is 1,1,1,2Tetrafluoroethane, R–134a, or its chemical equivalent, regardless of form, type, or purity level. The chemical formula for 1,1,1,2-tetrafluoroethane is CF3-CH2F, and the Chemical Abstracts Service (‘‘CAS’’) registry number is CAS 811–97–2. 1,1,1,2-Tetrafluoroethane is sold under a number of trade names including Klea 134a and Zephex 134a [FR Doc. 2014–24907 Filed 10–17–14; 8:45 am] AGENCY: Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4295 or (202) 482– 9068, respectively. SUPPLEMENTARY INFORMATION: 1 See 1,1,1,2-Tetrafluroethane from the People’s Republic of China: Antidumping Duty Investigation, Preliminary Determination of Sales at Less Than Fair Value, Affirmative Preliminary Determination of Critical Circumstances, in Part, and Postponement of Final Determination, 79 FR 30817 (May 29, 2014) (Preliminary Determination). 2 See 1,1,1,2-Tetrafluoroethane From the People’s Republic of China: Antidumping Duty Investigation; Amended Affirmative Preliminary Determination of Critical Circumstances, 79 FR 37287 (July 1, 2014) (Amended Preliminary Determination). 3 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Issues and Decision Memorandum for the Final Determination of the Antidumping Duty Investigation of 1,1,1,2-Tetrafluroethane from the People’s Republic of China,’’ dated concurrently with this notice (‘‘Issues and Decision Memorandum’’). 4 See 19 CFR 351.204(b)(1). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 62597 (Mexichem Fluor); Genetron 134a (Honeywell); Suva 134a, Dymel 134a, and Dymel P134a (DuPont); Solkane 134a (Solvay); and Forane 134a (Arkema). Generically, 1,1,1,2tetrafluoroethane has been sold as Fluorocarbon 134a, R–134a, HFC–134a, HF A–134a, Refrigerant 134a, and UN3159. Merchandise covered by the scope of this investigation is currently classified in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) at subheading 2903.39.2020. Although the HTSUS subheading and CAS registry number are provided for convenience and customs purposes, the written description of the scope is dispositive. Verification As provided in section 782(i) of the Act, between June 4 and June 20, 2014, the Department verified the information submitted by Weitron International Refrigeration Equipment (Kunshan) Co., Ltd. (‘‘Weitron Kunshan’’) and Jiangsu Bluestar Green Technology Co., Ltd. (‘‘Bluestar’’) for use in the final determination.5 We issued our verification reports on July 21, 2014, and July 23, 2014.6 The Department used standard verification procedures, including examination of relevant accounting and production records and original source documents provided by respondents.7 Analysis of Comments Received We addressed all issues raised by parties in case and rebuttal briefs in the Issues and Decision Memorandum.8 The Appendix to this notice includes a list of the issues which the parties raised and to which the Department responded in the Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement 5 See the Department’s four memoranda regarding: (1) ‘‘Verification of the Sales and Factors Responses of Jiangsu Bluestar Green Technology Co., Ltd., in the Investigation of 1,1,1,2Tetrafluorethane from the People’s Republic of China,’’ dated July 21, 2014; (2) ‘‘Verification of the CEP Sales Response of Weitron International Refrigeration Equipment (Kunshan) Co., Ltd. and Weitron, Inc. in the Investigation of 1,1,1,2 Tetrafluoroethane from the People’s Republic of China (‘‘PRC’’),’’ dated July 23, 2014; (3) ‘‘Verification of the Response of Weitron International Refrigeration Equipment (Kunshan) Co., Ltd. in the Investigation of 1,1,1,2 Tetrafluoroethane from the People’s Republic of China (‘‘PRC’’),’’ dated July 23, 2014; and (4) ‘‘Verification of the Factors Responses of Zhejiang Juhua Co., Ltd. Organic Fluorine Plant (‘‘JuhuaOP’’) in the Investigation of 1,1,1,2 Tetrafluoroethane from the People’s Republic of China (‘‘PRC’’),’’ dated July 23, 2014. 6 Id. 7 Id. 8 See Issues and Decision Memorandum. E:\FR\FM\20OCN1.SGM 20OCN1

Agencies

[Federal Register Volume 79, Number 202 (Monday, October 20, 2014)]
[Notices]
[Pages 62595-62597]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24907]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-839]


Certain Polyester Staple Fiber From the Republic of Korea: 
Preliminary Results of Changed Circumstances Review

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

SUMMARY: In response to a request from Toray Chemical Korea Inc. 
(Toray), a producer/exporter of certain polyester staple fiber (PSF) 
from the Republic of Korea (Korea), and pursuant to section 751(b) of 
the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216, the 
Department of Commerce (Department) preliminarily determines that Toray 
is the successor-in-interest to Woongjin Chemical Co., Ltd (Woongjin). 
We invite interested parties to comment on these preliminary results.

DATES: Effective Date: October 20, 2014.

FOR FURTHER INFORMATION CONTACT: Austin Redington at (202) 482-1664 or 
Nancy Decker at (202) 482-0196, AD/CVD Operations, Office I, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On May 25, 2000, the Department published notice of the antidumping 
duty order on PSF from Korea in the Federal Register.\1\ On July 2, 
2014,

[[Page 62596]]

Toray requested that the Department conduct a changed circumstances 
review pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(b) 
to determine whether it is the successor-in-interest to Woongjin for 
purposes of the Order.\2\ We received no comments from other interested 
parties.
---------------------------------------------------------------------------

    \1\ 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) 
(Order).
    \2\ See Letter from Toray, ``Certain Polyester Staple Fiber from 
the Republic of Korea'' (July 2, 2014) (CCR Request).
---------------------------------------------------------------------------

    On August 13, 2014, the Department initiated a changed 
circumstances review explaining that, while there was sufficient 
evidence to initiate a successor-in-interest review, it was necessary 
for the Department to request additional information for this review as 
provided by 19 CFR 351.221(b)(2).\3\ On August 18, 2014, the Department 
issued a supplemental questionnaire to Toray, to which Toray responded 
on September 4, 2014.\4\ We received no comments from other interested 
parties concerning Toray's questionnaire response.
---------------------------------------------------------------------------

    \3\ See Certain Polyester Staple Fiber From the Republic of 
Korea: Initiation of Changed Circumstances Review, 79 FR 49285 
(August 20, 2014).
    \4\ See Letter from Toray, ``Certain Polyester Staple Fiber from 
the Republic of Korea: Questionnaire Response'' (September 4, 2014) 
(Toray's Questionnaire Response).
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Scope of the Order

    The product covered by the order is certain PSF. The merchandise 
subject to this order is classified in the HTSUS at subheadings 
5503.20.00.40 and 5503.20.00.60. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of this order is dispositive.
    A complete description of the scope of the order is contained in 
the Preliminary Decision Memorandum.\5\ The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS). IA ACCESS is 
available to registered users at https://iaaccess.trade.gov, and IA 
ACCESS is available to all parties in the Central Records Unit, room 
7046 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be accessed 
directly at https://enforcement.trade.gov/frn/. The signed 
Preliminary Decision Memorandum and the electronic versions of the 
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \5\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Decision Memorandum for Preliminary 
Results of Changes Circumstances Review: Certain Polyester Staple 
Fiber from the Republic of Korea'' (Preliminary Decision 
Memorandum), dated concurrently with and hereby adopted by this 
notice.
---------------------------------------------------------------------------

Methodology

    In accordance with section 751(b)(1) of the Act, we are conducting 
this changed circumstances review based upon the information contained 
in Toray's submissions.\6\ In making a successor-in-interest 
determination, the Department typically examines several factors 
including, but not limited to, changes in: (1) Management; (2) 
production facilities; (3) supplier relationships; and (4) customer 
base.\7\ While no single factor or combination of factors will 
necessarily be dispositive, the Department generally will consider the 
new company to be the successor to the predecessor if the resulting 
operations of the successor are not materially dissimilar to that of 
its predecessor.\8\ Thus, if the record demonstrates that, with respect 
to the production and sale of the subject merchandise, the new company 
operates as the same business entity as the predecessor company, the 
Department may assign the new company the cash deposit rate of its 
predecessor.\9\ For a full description of the methodology underlying 
our conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See CCR Request; Toray's Questionnaire Response.
    \7\ See, e.g., Certain Activated Carbon From the People's 
Republic of China: Notice of Initiation of Changed Circumstances 
Review, 74 FR 19934, 19935 (April 30, 2009).
    \8\ See, e.g., Notice of Initiation of Antidumping Duty Changed 
Circumstances Review: Certain Forged Stainless Steel Flanges from 
India, 71 FR 327, 327 (January 4, 2006).
    \9\ See, e.g., Fresh and Chilled Atlantic Salmon From Norway; 
Final Results of Changed Circumstances Antidumping Duty 
Administrative Review, 64 FR 9979, 9980 (March 1, 1999).
---------------------------------------------------------------------------

Preliminary Results of the Changed Circumstances Review

    Based on the evidence reviewed, we preliminarily determine that 
Toray is the successor-in-interest to Woongjin. Specifically, we find 
that the change of the company name from ``Woongjin Chemical Co., Ltd'' 
to ``Toray Chemical Korea Inc.'' resulted in no material changes to 
management, production facilities, supplier relationships, customer 
relationships, or ownership/legal structure with respect to the 
production and sale of the subject merchandise. Thus, we preliminarily 
determine that Toray operates as the same business entity as Woongjin 
with respect to the subject merchandise. A list of topics discussed in 
the Preliminary Decision Memorandum appears in the Appendix to this 
notice.
    If the Department upholds these preliminary results in the final 
results, Toray will be assigned the cash deposit rate currently 
assigned to Woongjin with respect to the subject merchandise (i.e., the 
2.13 percent cash deposit rate currently assigned to Woongjin).\10\ If 
these preliminary results are adopted in the final results of this 
changed circumstances review, we will instruct U.S. Customs and Border 
Protection to suspend liquidation of entries of PSF made by Toray, 
effective on the publication date of the final results, at the cash 
deposit rate assigned to Woongjin.
---------------------------------------------------------------------------

    \10\ See Notice of Amended Final Results of Antidumping Duty 
Administrative Review: Certain Polyester Staple Fiber from Korea, 69 
FR 67891, 67891 (November 22, 2004) (providing weighted-average 
dumping margin for Woongjin's predecessor, Seahan Industries, Inc.); 
see also Notice of Final Results of Changed Circumstances 
Antidumping Duty Review: Certain Polyester Staple Fiber from the 
Republic of Korea, 73 FR 49168 (August 20, 2008) (finding Woongjin 
as successor-in-interest to Seahan Industries, Inc.).
---------------------------------------------------------------------------

Public Comment

    Interested parties may submit case briefs not later than 30 days 
after the date of publication of this notice in the Federal 
Register.\11\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than five days after the case briefs are 
filed.\12\ Parties that submit case or rebuttal briefs are encouraged 
to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities. All briefs are 
to be filed electronically using IA ACCESS.\13\ An electronically filed 
document must be received successfully in its entirety by IA ACCESS by 
5:00 p.m. Eastern Time on the day on which it is due.\14\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.309(c)(1)(ii).
    \12\ See 19 CFR 351.309(d)(1).
    \13\ See 19 CFR 351.303(b) and (f).
    \14\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing, or to participate 
in one if one is requested, must submit a written request to the 
Assistant Secretary for Enforcement and Compliance using IA ACCESS 
within 30 days after the date of publication of this notice in the 
Federal Register.\15\ Requests should contain the party's name, 
address, and telephone number, the number of participants, and a list 
of the issues to be discussed. Oral presentations will be limited to 
issues raised in the case and rebuttal briefs. If

[[Page 62597]]

a request for a hearing is made, we will inform parties of the 
scheduled date for the hearing, which will be held at the U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, at a time and location to be determined.\16\ 
Parties should confirm by telephone the date, time, and location of the 
hearing.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.310(c).
    \16\ See 19 CFR 351.310.
---------------------------------------------------------------------------

Final Results of the Review

    In accordance with 19 CFR 351.216(e), the Department intends to 
issue the final results of this changed circumstances review not later 
than 270 days after the date on which the review is initiated, or 
within 45 days if all parties agree to our preliminary finding.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(b)(l) and 777(i)(l) of the Act.

    Dated: October 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Results of Changed Circumstances Review
V. Recommendation

[FR Doc. 2014-24907 Filed 10-17-14; 8:45 am]
BILLING CODE 3510-DS-P
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