Certain Polyester Staple Fiber From the Republic of Korea: Preliminary Results of Changed Circumstances Review, 62595-62597 [2014-24907]
Download as PDF
<![CDATA[
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the PRC that were entered or withdrawn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merchandise entered, or withdrawn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]
-----------------------------------------------------------------------
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).
---------------------------------------------------------------------------
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
