[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Notices]
[Pages 49285-49286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19757]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-839]
Certain Polyester Staple Fiber From the Republic of Korea:
Initiation of Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) received
information sufficient to warrant initiation of a changed circumstances
review of the antidumping duty order on certain polyester staple fiber
(PSF) from the Republic of Korea. Based upon a request filed by Toray
Chemical Korea Inc. (Toray), the Department intends to determine in
this review whether Toray is the successor-in-interest of Woongjin
Chemical Co., Ltd. (Woongjin), a producer/exporter examined in prior
administrative reviews of the order.\1\
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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).
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DATES: Effective Date: August 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 Order in
the Federal Register.\2\ On July 2, 2014, Toray requested that the
Department conduct a changed circumstances review pursuant to section
751(b)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.216(b) to determine that it is the successor-in-interest to
Woongjin for purposes of the antidumping duty order. We received no
comments from other interested parties.
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\2\ See id.
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Scope of the Order
The product covered by the order is certain PSF. Certain PSF is
defined as synthetic staple fibers, not carded, combed or otherwise
processed for spinning, of polyesters measuring 3.3 decitex (3 denier,
inclusive) or more in diameter. This merchandise is cut to lengths
varying from one inch (25 mm) to five inches (127 mm). The merchandise
subject to the order may be coated, usually with a silicon or other
finish, or not coated. PSF is generally used as stuffing in sleeping
bags, mattresses, ski jackets, comforters, cushions, pillows, and
furniture.
Merchandise of less than 3.3 decitex (less than 3 denier) currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) at subheading 5503.20.00.20 is specifically excluded from the
order. Also specifically excluded from the order are PSF of 10 to 18
denier that are cut to lengths of 6 to 8 inches (fibers used in the
manufacture of carpeting). In addition, low-melt PSF is excluded from
the order. Low-melt PSF is defined as a bi-component fiber with an
outer sheath that melts at a significantly lower temperature than its
inner core.
The merchandise subject to 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 these orders is dispositive.
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act, the Department will
conduct a changed circumstances review upon receipt of information
concerning, or a request from, an interested party for a review of an
antidumping duty order which shows changed circumstances sufficient to
warrant a review of the order. In accordance with 19 CFR 351.216(d),
the Department determines that the information submitted by Toray
constitutes sufficient evidence to conduct a changed circumstances
review of the Order.
In a changed circumstances review involving 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.\3\ 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 are essentially the same as those of the predecessor
company.\4\ 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.\5\
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\3\ 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).
\4\ See, e.g., Notice of Initiation of Antidumping Duty Changed
Circumstances Review: Certain Forged Stainless Steel Flanges from
India, 71 FR 327 (January 4, 2006).
\5\ 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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Based on the information provided in its submission, Toray provided
sufficient evidence to warrant a review to determine if it is the
successor-in-interest to Woongjin. Therefore, pursuant to section
751(b)(1) of the Act and 19 CFR 351.216(d), we are initiating a changed
circumstances review. However, the Department finds it is necessary to
issue a questionnaire requesting additional information regarding
changes in management and information regarding the company's customer
base, as provided for by 19 CFR 351.221(b)(2). For that reason, the
Department is not conducting this review on an expedited basis by
publishing preliminary results in conjunction with this notice of
initiation. The Department will publish in the Federal Register a
notice of the preliminary results of the changed circumstances review
in accordance with 19 CFR 351.221(b)(4) and 19 CFR 351.221(c)(3)(i).
That notice will set forth the factual and legal conclusions
[[Page 49286]]
upon which our preliminary results are based and a description of any
action proposed.
Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have
an opportunity to comment on the preliminary results of review. In
accordance with 19 CFR 351.216(e), the Department intends to issue the
final results of its antidumping duty changed circumstances review not
later than 270 days after the date on which the review is initiated.
During the course of this changed circumstances review, we will not
change the cash deposit requirements for the merchandise subject to
review. The cash deposit will only be altered, if warranted, pursuant
to the final results of this review.
This notice is published in accordance with sections 751(b)(l) and
777(i)(l) of the Act and 19 CFR 351.216(b) and 351.221(b)(1).
Dated: August 13, 2014.
Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations.
[FR Doc. 2014-19757 Filed 8-19-14; 8:45 am]
BILLING CODE 3510-DS-P