[Federal Register Volume 79, Number 202 (Monday, October 20, 2014)]
[Notices]
[Pages 62595-62597]
From the Federal Register Online via the Government Publishing 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,

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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.
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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) 
(Order).
    \2\ See Letter from Toray, ``Certain Polyester Staple Fiber from 
the Republic of Korea'' (July 2, 2014) (CCR Request).
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    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.
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    \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 http://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 http://enforcement.trade.gov/frn/index.html. The signed 
Preliminary Decision Memorandum and the electronic versions of the 
Preliminary Decision Memorandum are identical in content.
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    \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.
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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.
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    \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).
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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.
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    \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.).
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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\
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    \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).
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    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.
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    \15\ See 19 CFR 351.310(c).
    \16\ See 19 CFR 351.310.
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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