[Federal Register Volume 79, Number 245 (Monday, December 22, 2014)]
[Notices]
[Pages 76301-76302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29921]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-839]
Certain Polyester Staple Fiber From the Republic of Korea: Final
Results of Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On October 20, 2014, the Department of Commerce (the
Department) published the notice of the preliminary results of this
changed circumstances review (CCR) of the antidumping duty order on
certain polyester staple fiber (PSF) from the Republic of Korea
(Korea), in which the Department preliminarily determined that Toray
Chemical Korea Inc. (Toray) is the successor-in-interest to Woongjin
Chemical Co., Ltd. (Woongjin).\1\ No interested party commented on the
Preliminary Results, and there is no other information or evidence on
the record that calls into question the Department's Preliminary
Results. Thus, the Department continues to find that Toray is the
successor-in-interest to Woongjin.
---------------------------------------------------------------------------
\1\ See Certain Polyester Staple Fiber from the Republic of
Korea: Preliminary Results of Changed Circumstances Review, 79 FR
62595 (October 20, 2014) (Preliminary Results), and the accompanying
Preliminary Decision Memorandum (PDM).
---------------------------------------------------------------------------
DATES: Effective December 22, 2014.
FOR FURTHER INFORMATION CONTACT: Dana Mermelstein, 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; telephone: 202-482-1391.
SUPPLEMENTARY INFORMATION:
Background
On May 25, 2000, the Department published notice of an antidumping
duty order on PSF from Korea in the Federal Register.\2\ On July 2,
2014, Toray requested that the Department conduct a CCR pursuant to
section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), and
19 CFR 351.216(b) to determine whether it is the successor-in-interest
to Woongjin for purposes of the Order.\3\ On August 20, 2014, the
Department initiated this
[[Page 76302]]
CCR.\4\ On October 20, 2014, the Department published the Preliminary
Results, in which it preliminarily determined that Toray is the
successor-in-interest to Woongjin.\5\ The Department invited interested
parties to comment on the Preliminary Results.\6\ No interested party
commented on the Preliminary Results or requested a hearing.\7\
---------------------------------------------------------------------------
\2\ 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).
\3\ See Letter from Toray, ``Certain Polyester Staple Fiber from
the Republic of Korea,'' (July 2, 2014).
\4\ See Certain Polyester Staple Fiber from the Republic of
Korea: Initiation of Changed Circumstances Review, 79 FR 49285
(August 20, 2014) (Initiation Notice).
\5\ See Preliminary Results, 79 FR at 62596; see also PDM at 2-
7.
\6\ See Preliminary Results, 79 FR at 62596-97.
\7\ Toray did not request a hearing, but informed the Department
of its intent to participate if another interested party requested
such a hearing. See Letter from Toray, ``Certain Polyester Staple
Fiber from the Republic of Korea: Request to Participate in
Hearing'' (November 19, 2014).
---------------------------------------------------------------------------
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 5503.20.0020 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 5503.20.0040 and 5503.20.0060. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of these orders is dispositive.
Final Results of Changed Circumstances Review
Because no interested party commented on the Preliminary Results
and there is no other information or evidence on the record that calls
into question the Department's Preliminary Results, the Department
adopts the reasoning and findings of fact in the Preliminary Results as
the final results of the review.\8\ Thus, the Department continues to
find that Toray is the successor-in-interest to Woongjin for the
purpose of determining antidumping duty liability.
---------------------------------------------------------------------------
\8\ For a complete discussion of the Department's findings, see
generally PDM, which is herein incorporated by reference and adopted
by this notice.
---------------------------------------------------------------------------
Instructions to U.S. Customs and Border Protection
As a result of this determination, the Department finds that
entries of subject merchandise exported by Toray should enter the
United States at the cash deposit rate assigned to Woongjin in the most
recently completed administrative review of the antidumping duty order
on PSF from Korea, which is 2.13 percent ad valorem.\9\ Consequently,
the Department will instruct U.S Customs and Border Protection to
collect estimated antidumping duties for all shipments of subject
merchandise exported by Toray and entered, or withdrawn from warehouse,
for consumption on or after the publication date of this notice in the
Federal Register at the cash deposit rate currently in effect for
Woongjin. This cash deposit requirement shall remain in effect until
further notice.
---------------------------------------------------------------------------
\9\ 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.).
---------------------------------------------------------------------------
Notifications
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. Timely written notification of
the return or destruction of APO materials, or conversion to judicial
protective order, is hereby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation.
This notice is published in accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216(e).
Dated: December 12, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-29921 Filed 12-19-14; 8:45 am]
BILLING CODE 3510-DS-P