Certain Polyester Staple Fiber From the Republic of Korea: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 33230-33232 [2019-14862]

Download as PDF jbell on DSK3GLQ082PROD with NOTICES 33230 Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Notices either the shaft or the arms; mast arm clamps; mast arm tie rods; transformer base boxes; formed full base covers that hide anchor bolts; step lugs; internal cable guides; lighting cross arms; lighting service platforms; angles that do not exceed 8″ x 8″ x 0.75″; stainless steel hand hole door hinges and wind restraints; steel brackets, steel flanges, and steel caps; safety climbing cables; ladders; and steel templates. • Communication Poles, or segments of such poles, that meet (1) Telecommunications Industry Association (TIA) ANSI/TIA–222 Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, or (2) American Association of State Highway and Transportation Officials (AASHTO)— Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals. The exclusion for communication poles also encompasses the following components thereof: Luminaire arms; hand hole rims; hand hole covers; base plate that connects the pole to the foundation or arm to the pole; safety climbing cables; ladders; service ground platforms; step lugs; pole steps; steel brackets, steel flanges, and steel caps; angles that do not exceed 8″ x 8″ x 0.75″, coax, and safety brackets; subcomponent kits for antenna mounts weighing 80 lbs. or less; service platforms; ice bridges; stainless steel hand hole door hinges and wind restraints; and steel templates. • OEM Round or Polygonal Tapered Steel Poles, segments or shaft components of such poles, that meet the (1) ASCE 48 or AASHTO, (2) ANSI/TIA 222, (3) ANSI 05.1, (4) RUS bulletin 1724E–204, or (5) RUS bulletin 1724E–214. The exclusion for OEM round or polygonal tapered steel poles also encompasses the following components thereof: Subcomponent kits for antenna mounts weighing 80 lbs. or less; mounts and platforms; steel brackets, steel flanges, and steel caps; angles that do not exceed 8″ x 8″ x 0.75″; bridge kits; safety climbing cables; ladders; and steel templates. The inclusion or attachment of one or more of the above-referenced steel poles in a structure containing fabricated structural steel (FSS) does not remove the FSS from the scope of the investigation. No language included in this exclusion should be read or understood to have applicability to any other aspect of this scope or to have applicability to or to exclude any product, part, or component other than those specifically identified in the exclusion. The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings: 7308.90.3000, 7308.90.6000, and 7308.90.9590. The products subject to the investigation may also enter under the following HTSUS subheadings: 7216.91.0010, 7216.91.0090, 7216.99.0010, 7216.99.0090, 7222.40.6000, 7228.70.6000, 7301.10.0000, 7301.20.1000, 7301.20.5000, 7308.40.0000, 7308.90.9530, and 9406.90.0030. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. VerDate Sep<11>2014 16:55 Jul 11, 2019 Jkt 247001 Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Injury Test V. Use of Facts Otherwise Available and Adverse Inferences VI. Subsidies Valuation VII. Analysis of Programs VIII. Conclusion [FR Doc. 2019–14871 Filed 7–11–19; 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: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) and preliminarily determining that Toray Advanced Materials Korea, Inc. (TAK) is the successor-in-interest to Toray Chemical Korea, Inc. (TCK) for the purposes of the antidumping duty (AD) order certain polyester staple fiber (PSF) from the Republic of Korea (Korea). DATES: Applicable July 12, 2019. FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202–482–1395. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 25, 2000, Commerce published the AD orders on PSF from Korea and Taiwan.1 On December 22, 2014, Commerce determined that Toray Chemical Korea was the successor-ininterest to Woongjin Chemical Company, Ltd. (Woongjin) and thus was entitled to make entries of subject merchandise at the cash deposit rate assigned to Woongjin, 2.13 percent ad 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) (AD Order). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 valorem.2 On May 23, 2019, TAK requested that, pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(b), Commerce conduct a CCR of the AD Order to determine that TAK is the successor-in-interest to TCK and, accordingly, to assign it the cash deposit rate established for TCK.3 In its submission, TAK explained that TCK, a wholly-owned subsidiary of TAK, merged with TAK in April 2019. TAK provided source documentation to demonstrate that the management responsible for PSF production remains largely in place after the merger, and TCK’s production facilities, suppliers, and customers for PSF are unchanged.4 TAK further requested that Commerce combine the notice of initiation and preliminary results pursuant to 19 CFR 351.221(c)(3)(ii).5 We did not receive comments from other interested parties concerning this request. Scope of the AD Order The merchandise subject to this 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 these orders 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 under the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 5503.20.00.25 is specifically excluded from these orders. Also, specifically excluded from these orders are polyester staple fibers of 10 to 18 denier that are cut to lengths of 6 to 8 inches (fibers used in the manufacture of carpeting). In addition, low-melt PSF is excluded from these orders. Low-melt PSF is defined as a bicomponent fiber with an outer sheath that melts at a significantly lower temperature than its inner core. The merchandise subject to these orders is currently classifiable in the HTSUS at subheadings 5503.20.00.45 2 See Certain Polyester Staple Fiber from the Republic of Korea: Final Results of Changed Circumstances Review, 79 FR 76301 (December 22, 2014). 3 See TAK letter, ‘‘Certain Polyester Staple Fiber from the Republic of Korea: Changed Circumstances Review Request,’’ May 23, 2019 (CCR Request). 4 Id. at 1–4. 5 Id. at 2. E:\FR\FM\12JYN1.SGM 12JYN1 Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Notices and 5503.20.00.65.6 Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under the orders is dispositive. jbell on DSK3GLQ082PROD with NOTICES Initiation and Preliminary Results Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), Commerce will conduct a CCR upon receipt of a request from an interested party for a review of an AD order which shows changed circumstances sufficient to warrant a review of the order. In the past, Commerce has used CCRs to address the applicability of cash deposit rates after there have been changes in the name or structure of a respondent, such as a merger or spinoff (‘‘successorin-interest’’ or ‘‘successorship’’ determinations).7 The information submitted by TAK supporting its claim that it is the successor-in-interest to TCK demonstrates changed circumstances sufficient to warrant such a review.8 Therefore, in accordance with 751(b)(1)(A) of the Act and 19 CFR 351.216(d) and (e), we are initiating a CCR based on the information contained in TAK’s submission. Section 351.221(c)(3)(ii) of Commerce’s regulations permits Commerce to combine the notice of initiation of a CCR and the notice of preliminary results if Commerce concludes that expedited action is warranted.9 In this instance, because the record contains information necessary to make a preliminary finding, we find that expedited action is warranted and we have combined the notice of initiation and the notice of preliminary results.10 In this CCR, pursuant to section 751(b) of the Act, Commerce conducted a successor-in-interest analysis. In making a successor-in-interest 6 These HTSUS numbers have been revised to reflect changes in the HTSUS numbers at the suffix level. 7 See, e.g., Diamond Sawblades and Parts Thereof from the People’s Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 82 FR 51605, 51606 (November 7, 2017) (Diamond Sawblades Preliminary), unchanged in Diamond Sawblades and Parts Thereof from the People’s Republic of China: Final Results of Antidumping Duty Changed Circumstances Review, 82 FR 60177 (December 19, 2017) (Diamond Sawblades Final). 8 See 19 CFR 351.216(d). 9 See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from Italy: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 80 FR 33480, 33480–41 (June 12, 2015) (Pasta from Italy Preliminary Results), unchanged in Certain Pasta from Italy: Final Results of Changed Circumstances Review, 80 FR 48807 (August 14, 2015) (Pasta from Italy Final Results). 10 See, e.g., Pasta from Italy Preliminary Results, 80 FR at 33480–41, unchanged in Pasta from Italy Final Results, 80 FR at 48807. VerDate Sep<11>2014 16:55 Jul 11, 2019 Jkt 247001 determination, Commerce examines several factors, including, but not limited to, changes in the following: (1) Management; (2) production facilities; (3) supplier relationships; and (4) customer base.11 While no single factor or combination of factors will necessarily provide a dispositive indication of a successor-in-interest relationship, generally, Commerce will consider the new company to be the successor to the previous company if the new company’s operation is not materially dissimilar to that of its predecessor.12 Thus, if the evidence demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as essentially the same business entity as the predecessor company, Commerce may assign the new company the cash deposit rate of its predecessor.13 Based on the evidence on the record, we preliminarily determine that TAK is the successor-in-interest to TCK. In its request, TAK provided evidence to support its contention that it meets the criteria established by Commerce, and therefore, is the successor-in-interest of TCK pursuant to section 751(b) of the Act. First, TAK provided documentation indicating that the structure and management of the PSF operations under TAK are nearly identical the PSF structure and operations that existed under TCK prior to the merger of TCK into TAK, its parent company. Specifically, TAK provided organizational charts,14 lists of managers,15 and board of directors 16 supporting TAK’s claim that the management remained the same after the merger. A review of these documents shows that: (1) TAK’s organization of its PSF operations is virtually identical to the structure of the PSF operations under TCK; (2) the managers currently in charge of PSF 11 See, e.g., Diamond Sawblades Final l, supra note 6; see also Certain Frozen Warmwater Shrimp from India: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 83 FR 37784 (August 2, 2018), unchanged in Certain Frozen Warmwater Shrimp from India: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 83 FR 49909 (October 3, 2018). 12 Id. 13 Id.; see also, e.g., Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp from India, 77 FR 64953 (October 24, 2012), unchanged in Final Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp from India, 77 FR 73619 (December 11, 2012). 14 See CCR Request at Exhibits 6–A, 6–B, and 6– C. 15 Id. at Exhibit 7. 16 Id. at Exhibit 8. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 33231 operations at TAK are the same individuals who were in charge of PSF operations at TCK; and (3) the vast majority of TAK’s current executives and board of directors held similar positions on TAK and/or TCK prior to the merger. TAK also notes that the individual who managed the PSF division in TCK continues to manage the PSF division within TAK.17 Next, TAK provided information to support its claim that its PSF operations are the same as TCK’s before the merger. Specifically, it provided a layout of the production facilities before and after the merger, the production process before and after the merger, and the production capacity for the factory before and after the merger.18 A review of these documents shows (1) the area within the plant in which PSF was produced by TCK prior to the merger has not changed under TAK; (2) the production process of PSF remains the same since the merger; and, (3) the total PSF production capacity has remained unchanged. With regard to the supplier relationships and customer base involving the production and sales of PSF, TAK reports that these have remain unchanged since the merger with TCK. TAK adds that because the merger was only recently completed (in April 2019), the company has had limited time to purchase goods and services from all of its suppliers or to make sales to all of its customers.19 However, it provides support demonstrating that it plans to continue to use the same practices as TCK did prior to the merger. First, to demonstrate its claim regarding its supplier relationship, TAK provided a master list of its suppliers of materials and service providers related to the production of PSF for itself and for TCK prior to the merger; these lists are were identical.20 Similarly, TAK provided its current master PSF customer list, which is identical to TCK’s customer list before the merger, to demonstrate that its customer base has remained unchanged post-merger.21 Further, TAK explains that it markets PSF products to its customers in the same way, relying on the same sales personnel and the same, unchanged PSF product brochures published by TCK previous to the merger.22 Finally, TAK notes that the supplier and customer codes used in 17 Id. at 7. at Exhibit 9. 19 Id. at 8. 20 Id. at Exhibit 11. 21 Id. at Exhibit 12. 22 Id. at Exhibit 10. 18 Id. E:\FR\FM\12JYN1.SGM 12JYN1 33232 Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Notices TCK’ accounting system continue to be used by TAK.23 Based on the evidence on the record discussed above, we preliminarily determine that TAK is the successor-ininterest to TCK, because the change in the business’ structure (the merger of the wholly owned subsidiary into the parent company) was not accompanied by significant changes to its management and operations, production facilities, supplier relationships, or customer base. Thus, we preliminarily determine that TAK is the successor-ininterest to TCK, and that TAK should receive the same antidumping duty cash deposit rate with respect to subject merchandise. Dated: July 8, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Public Comment AGENCY: Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 30 days of publication of this notice. In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the case briefs, in accordance with 19 CFR 351.309(d). Parties who 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.24 All comments are to be filed electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), available to registered users at https:// access.trade.gov and in the Central Records Unit, Room B8024, of the main Commerce building. An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the day it is due.25 Consistent with 19 CFR 351.216(e), we will issue the final results of this CCR no later than 270 days after the date on which this review was initiated, or within 45 days of the publication of these preliminary results if all parties agree to our preliminary finding. jbell on DSK3GLQ082PROD with NOTICES Notification to Interested Parties This notice is published in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216(b), 351.221(b) and 351.221(c)(3). 23 Id. at Exhibits 11 and 12. 19 CFR 351.309(c)(2). 25 See 19 CFR 351.303(b). 24 See VerDate Sep<11>2014 16:55 Jul 11, 2019 Jkt 247001 [FR Doc. 2019–14862 Filed 7–11–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–122–865] Certain Fabricated Structural Steel From Canada: Preliminary Negative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are not being provided to producers and exporters of certain fabricated structural steel (fabricated structural steel) from Canada. The period of investigation is January 1, 2018 through December 31, 2018. Interested parties are invited to comment on this preliminary determination. DATES: Applicable July 12, 2019. FOR FURTHER INFORMATION CONTACT: Whitley Herndon, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6274. SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on March 4, 2019.1 On April 16, 2019, in accordance with section 703(c)(1)(A) of the Act, Commerce postponed the preliminary determination of this investigation and the revised deadline is now July 5, 2019.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision 1 See Certain Fabricated Structural Steel from Canada, Mexico, and the People’s Republic of China: Initiation of Countervailing Duty Investigations, 84 FR 7339 (March 4, 2019) (Initiation Notice). 2 See Certain Fabricated Structural Steel from Canada, Mexico, and the People’s Republic of China: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 84 FR 15581 (April 16, 2019). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. 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 (ACCESS). ACCESS is available to registered users at http:// access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The product covered by this investigation is fabricated structural steel from Canada. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the Preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e. , scope).5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal comments submitted to the record that have been addressed by Commerce for this preliminary determination, and Commerce’s accompanying discussion and analysis of those comments, see the Preliminary Scope Decision Memorandum.6 Based on our analysis of those comments, we are preliminarily modifying the scope language as it appeared in the Initiation Notice. See the revised scope in Appendix I. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination of the Countervailing Duty Investigation of Certain Fabricated Structural Steel from Canada,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 84 FR at 7340. 6 See Memorandum, ‘‘Fabricated Structural Steel from Canada, Mexico, and the People’s Republic of China: Preliminary Scope Decision,’’ dated concurrently with this notice (Preliminary Scope Decision Memorandum). E:\FR\FM\12JYN1.SGM 12JYN1

Agencies

[Federal Register Volume 84, Number 134 (Friday, July 12, 2019)]
[Notices]
[Pages 33230-33232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14862]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-839]


Certain Polyester Staple Fiber From the Republic of Korea: 
Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is initiating a changed 
circumstances review (CCR) and preliminarily determining that Toray 
Advanced Materials Korea, Inc. (TAK) is the successor-in-interest to 
Toray Chemical Korea, Inc. (TCK) for the purposes of the antidumping 
duty (AD) order certain polyester staple fiber (PSF) from the Republic 
of Korea (Korea).

DATES: Applicable July 12, 2019.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: 202-482-1395.

SUPPLEMENTARY INFORMATION: 

Background

    On May 25, 2000, Commerce published the AD orders on PSF from Korea 
and Taiwan.\1\ On December 22, 2014, Commerce determined that Toray 
Chemical Korea was the successor-in- interest to Woongjin Chemical 
Company, Ltd. (Woongjin) and thus was entitled to make entries of 
subject merchandise at the cash deposit rate assigned to Woongjin, 2.13 
percent ad valorem.\2\ On May 23, 2019, TAK requested that, pursuant to 
section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.216(b), Commerce conduct a CCR of the AD Order to determine 
that TAK is the successor-in-interest to TCK and, accordingly, to 
assign it the cash deposit rate established for TCK.\3\ In its 
submission, TAK explained that TCK, a wholly-owned subsidiary of TAK, 
merged with TAK in April 2019. TAK provided source documentation to 
demonstrate that the management responsible for PSF production remains 
largely in place after the merger, and TCK's production facilities, 
suppliers, and customers for PSF are unchanged.\4\ TAK further 
requested that Commerce combine the notice of initiation and 
preliminary results pursuant to 19 CFR 351.221(c)(3)(ii).\5\ We did not 
receive comments from other interested parties concerning this request.
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    \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) 
(AD Order).
    \2\ See Certain Polyester Staple Fiber from the Republic of 
Korea: Final Results of Changed Circumstances Review, 79 FR 76301 
(December 22, 2014).
    \3\ See TAK letter, ``Certain Polyester Staple Fiber from the 
Republic of Korea: Changed Circumstances Review Request,'' May 23, 
2019 (CCR Request).
    \4\ Id. at 1-4.
    \5\ Id. at 2.
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Scope of the AD Order

    The merchandise subject to this 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 these orders 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 under the Harmonized Tariff 
Schedule of the United States (HTSUS) at subheading 5503.20.00.25 is 
specifically excluded from these orders. Also, specifically excluded 
from these orders are polyester staple fibers of 10 to 18 denier that 
are cut to lengths of 6 to 8 inches (fibers used in the manufacture of 
carpeting). In addition, low-melt PSF is excluded from these orders. 
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 these orders is currently classifiable 
in the HTSUS at subheadings 5503.20.00.45

[[Page 33231]]

and 5503.20.00.65.\6\ Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise under the orders is dispositive.
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    \6\ These HTSUS numbers have been revised to reflect changes in 
the HTSUS numbers at the suffix level.
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Initiation and Preliminary Results

    Pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), 
Commerce will conduct a CCR upon receipt of a request from an 
interested party for a review of an AD order which shows changed 
circumstances sufficient to warrant a review of the order. In the past, 
Commerce has used CCRs to address the applicability of cash deposit 
rates after there have been changes in the name or structure of a 
respondent, such as a merger or spinoff (``successor-in-interest'' or 
``successorship'' determinations).\7\ The information submitted by TAK 
supporting its claim that it is the successor-in-interest to TCK 
demonstrates changed circumstances sufficient to warrant such a 
review.\8\ Therefore, in accordance with 751(b)(1)(A) of the Act and 19 
CFR 351.216(d) and (e), we are initiating a CCR based on the 
information contained in TAK's submission.
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    \7\ See, e.g., Diamond Sawblades and Parts Thereof from the 
People's Republic of China: Initiation and Preliminary Results of 
Antidumping Duty Changed Circumstances Review, 82 FR 51605, 51606 
(November 7, 2017) (Diamond Sawblades Preliminary), unchanged in 
Diamond Sawblades and Parts Thereof from the People's Republic of 
China: Final Results of Antidumping Duty Changed Circumstances 
Review, 82 FR 60177 (December 19, 2017) (Diamond Sawblades Final).
    \8\ See 19 CFR 351.216(d).
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    Section 351.221(c)(3)(ii) of Commerce's regulations permits 
Commerce to combine the notice of initiation of a CCR and the notice of 
preliminary results if Commerce concludes that expedited action is 
warranted.\9\ In this instance, because the record contains information 
necessary to make a preliminary finding, we find that expedited action 
is warranted and we have combined the notice of initiation and the 
notice of preliminary results.\10\
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    \9\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from 
Italy: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015) 
(Pasta from Italy Preliminary Results), unchanged in Certain Pasta 
from Italy: Final Results of Changed Circumstances Review, 80 FR 
48807 (August 14, 2015) (Pasta from Italy Final Results).
    \10\ See, e.g., Pasta from Italy Preliminary Results, 80 FR at 
33480-41, unchanged in Pasta from Italy Final Results, 80 FR at 
48807.
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    In this CCR, pursuant to section 751(b) of the Act, Commerce 
conducted a successor-in-interest analysis. In making a successor-in-
interest determination, Commerce examines several factors, including, 
but not limited to, changes in the following: (1) Management; (2) 
production facilities; (3) supplier relationships; and (4) customer 
base.\11\ While no single factor or combination of factors will 
necessarily provide a dispositive indication of a successor-in-interest 
relationship, generally, Commerce will consider the new company to be 
the successor to the previous company if the new company's operation is 
not materially dissimilar to that of its predecessor.\12\ Thus, if the 
evidence demonstrates that, with respect to the production and sale of 
the subject merchandise, the new company operates as essentially the 
same business entity as the predecessor company, Commerce may assign 
the new company the cash deposit rate of its predecessor.\13\
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    \11\ See, e.g., Diamond Sawblades Final l, supra note 6; see 
also Certain Frozen Warmwater Shrimp from India: Initiation and 
Preliminary Results of Antidumping Duty Changed Circumstances 
Review, 83 FR 37784 (August 2, 2018), unchanged in Certain Frozen 
Warmwater Shrimp from India: Notice of Final Results of Antidumping 
Duty Changed Circumstances Review, 83 FR 49909 (October 3, 2018).
    \12\ Id.
    \13\ Id.; see also, e.g., Notice of Initiation and Preliminary 
Results of Antidumping Duty Changed Circumstances Review: Certain 
Frozen Warmwater Shrimp from India, 77 FR 64953 (October 24, 2012), 
unchanged in Final Results of Antidumping Duty Changed Circumstances 
Review: Certain Frozen Warmwater Shrimp from India, 77 FR 73619 
(December 11, 2012).
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    Based on the evidence on the record, we preliminarily determine 
that TAK is the successor-in-interest to TCK. In its request, TAK 
provided evidence to support its contention that it meets the criteria 
established by Commerce, and therefore, is the successor-in-interest of 
TCK pursuant to section 751(b) of the Act. First, TAK provided 
documentation indicating that the structure and management of the PSF 
operations under TAK are nearly identical the PSF structure and 
operations that existed under TCK prior to the merger of TCK into TAK, 
its parent company. Specifically, TAK provided organizational 
charts,\14\ lists of managers,\15\ and board of directors \16\ 
supporting TAK's claim that the management remained the same after the 
merger. A review of these documents shows that: (1) TAK's organization 
of its PSF operations is virtually identical to the structure of the 
PSF operations under TCK; (2) the managers currently in charge of PSF 
operations at TAK are the same individuals who were in charge of PSF 
operations at TCK; and (3) the vast majority of TAK's current 
executives and board of directors held similar positions on TAK and/or 
TCK prior to the merger. TAK also notes that the individual who managed 
the PSF division in TCK continues to manage the PSF division within 
TAK.\17\
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    \14\ See CCR Request at Exhibits 6-A, 6-B, and 6-C.
    \15\ Id. at Exhibit 7.
    \16\ Id. at Exhibit 8.
    \17\ Id. at 7.
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    Next, TAK provided information to support its claim that its PSF 
operations are the same as TCK's before the merger. Specifically, it 
provided a layout of the production facilities before and after the 
merger, the production process before and after the merger, and the 
production capacity for the factory before and after the merger.\18\ A 
review of these documents shows (1) the area within the plant in which 
PSF was produced by TCK prior to the merger has not changed under TAK; 
(2) the production process of PSF remains the same since the merger; 
and, (3) the total PSF production capacity has remained unchanged.
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    \18\ Id. at Exhibit 9.
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    With regard to the supplier relationships and customer base 
involving the production and sales of PSF, TAK reports that these have 
remain unchanged since the merger with TCK. TAK adds that because the 
merger was only recently completed (in April 2019), the company has had 
limited time to purchase goods and services from all of its suppliers 
or to make sales to all of its customers.\19\ However, it provides 
support demonstrating that it plans to continue to use the same 
practices as TCK did prior to the merger. First, to demonstrate its 
claim regarding its supplier relationship, TAK provided a master list 
of its suppliers of materials and service providers related to the 
production of PSF for itself and for TCK prior to the merger; these 
lists are were identical.\20\ Similarly, TAK provided its current 
master PSF customer list, which is identical to TCK's customer list 
before the merger, to demonstrate that its customer base has remained 
unchanged post-merger.\21\ Further, TAK explains that it markets PSF 
products to its customers in the same way, relying on the same sales 
personnel and the same, unchanged PSF product brochures published by 
TCK previous to the merger.\22\ Finally, TAK notes that the supplier 
and customer codes used in

[[Page 33232]]

TCK' accounting system continue to be used by TAK.\23\
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    \19\ Id. at 8.
    \20\ Id. at Exhibit 11.
    \21\ Id. at Exhibit 12.
    \22\ Id. at Exhibit 10.
    \23\ Id. at Exhibits 11 and 12.
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    Based on the evidence on the record discussed above, we 
preliminarily determine that TAK is the successor-in-interest to TCK, 
because the change in the business' structure (the merger of the wholly 
owned subsidiary into the parent company) was not accompanied by 
significant changes to its management and operations, production 
facilities, supplier relationships, or customer base. Thus, we 
preliminarily determine that TAK is the successor-in-interest to TCK, 
and that TAK should receive the same antidumping duty cash deposit rate 
with respect to subject merchandise.

Public Comment

    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of publication of this notice. In accordance 
with 19 CFR 351.309(c)(1)(ii), interested parties may submit case 
briefs not later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in the case briefs, 
may be filed no later than five days after the case briefs, in 
accordance with 19 CFR 351.309(d). Parties who 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.\24\ All comments are to be filed electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS), available to registered 
users at https://access.trade.gov and in the Central Records Unit, Room 
B8024, of the main Commerce building. An electronically filed document 
must be received successfully in its entirety by ACCESS by 5:00 p.m. 
Eastern Time on the day it is due.\25\
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    \24\ See 19 CFR 351.309(c)(2).
    \25\ See 19 CFR 351.303(b).
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    Consistent with 19 CFR 351.216(e), we will issue the final results 
of this CCR no later than 270 days after the date on which this review 
was initiated, or within 45 days of the publication of these 
preliminary results if all parties agree to our preliminary finding.

Notification to Interested Parties

    This notice is published in accordance with sections 751(b)(1) and 
777(i)(1) of the Act and 19 CFR 351.216(b), 351.221(b) and 
351.221(c)(3).

    Dated: July 8, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-14862 Filed 7-11-19; 8:45 am]
BILLING CODE 3510-DS-P