Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Notices 62595 

6See, 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. 

1See Notice of Amended Final Determination of 

Sales at Less Than Fair Value: Certain Polyester 

Staple Fiber From the Republic of Korea and 

Continued 

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) 

T.T. International Co., Ltd. ... 22.75 

JUHUA (including Zhejiang 

Quhua Fluor-Chemistry 

Co., Ltd., and other Juhua 

Stock Companies) ............. 5.71 

Jiangsu Bluestar Green 

Technology Co., Ltd. ......... 1.87 

All Others .............................. 14.23 

As a result of our Preliminary 

Determination, and pursuant to section 

703(d) of the Act, we instructed U.S. 

Customs and Border Protection (CBP) to 

suspend liquidation of all entries of 

merchandise under consideration from 

the PRC that were entered or withdrawn 

from warehouse, for consumption on or 

after April 18, 2014, the date of 

publication of the Preliminary 

Determination in the Federal Register. 

In accordance with section 703(d) of the 

Act, we issued instructions to CBP to 

discontinue the suspension of 

liquidation for CVD purposes for subject 

merchandise entered, or withdrawn 

from warehouse, on or after August 16, 

2014, but to continue the suspension of 

liquidation of all entries from April 18, 

2014, through August 15, 2014. 

If the U.S. International Trade 

Commission (‘‘ITC’’) issues a final 

affirmative injury determination, we 

will issue a CVD order and reinstate the 

suspension of liquidation under section 

706(a) of the Act and will require a cash 

deposit of estimated CVDs for such 

entries of merchandise in the amounts 

indicated above. If the ITC determines 

that material injury, or threat of material 

injury, does not exist, this proceeding 

will be terminated and all estimated 

duties deposited or securities posted as 

a result of the suspension of liquidation 

will be refunded or canceled. 

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. 

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 

notice will serve as the only reminder 

to parties subject to an APO of their 

responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return/

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 violation which is subject to 

sanction. 

This determination is issued and 

published pursuant to sections 705(d) 

and 777(i) of the Act. 

Dated: October 14, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix—Issues and Decision 

Memorandum 

1. Whether Loans Provided by Banks Other 

Than the ‘‘Big Four’’ Are Countervailable 

2. Whether the Department is Properly 

Countervailing Loans to Companies 

Producing a Disfavored Product 

3. Whether AFA is Warranted With Regard to 

the Fluorospar for LTAR Program & 

Whether the Program is Countervailable 

4. Whether Partial AFA is Warranted For the 

Mining Rights for LTAR Program 

5. Whether the Department Should Calculate 

a Separate Combination Rate for Weitron 

6. Whether the Department Correctly Treated 

the Tax and VAT Programs as Recurring 

Subsidies 

7. Bluestar’s Minor Corrections With Regard 

to Electricity 

8. Whether the Department Correctly 

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 

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 

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, 


tkelley on DSK3SPTVN1PROD with NOTICES
62596 Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Notices 

Antidumping Duty Orders: Certain Polyester Staple 

Fiber From the Republic of Korea and Taiwan, 65 

FR 33807 (May 25, 2000) (Order). 

2See Letter from Toray, ‘‘Certain Polyester Staple 

Fiber from the Republic of Korea’’ (July 2, 2014) 

(CCR Request). 

3See Certain Polyester Staple Fiber From the 

Republic of Korea: Initiation of Changed 

Circumstances Review, 79 FR 49285 (August 20, 

2014). 

4See Letter from Toray, ‘‘Certain Polyester Staple 

Fiber from the Republic of Korea: Questionnaire 

Response’’ (September 4, 2014) (Toray’s 

Questionnaire Response). 

5See 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. 

6See CCR Request; Toray’s Questionnaire 

Response. 

7See, 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). 

8See, 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). 

9See, 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). 

10See 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.). 

11See 19 CFR 351.309(c)(1)(ii). 

12See 19 CFR 351.309(d)(1). 

13See 19 CFR 351.303(b) and (f). 

14See 19 CFR 351.303(b). 

15See 19 CFR 351.310(c). 

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. 

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. 

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 

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 


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Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Notices 62597 

16See 19 CFR 351.310. 

1See 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). 

2See 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). 

3See 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’’). 

4See 19 CFR 351.204(b)(1). 

5See 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 1,1,1,2- 

Tetrafluorethane 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. 

8See Issues and Decision Memorandum. 

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 

[FR Doc. 2014–24907 Filed 10–17–14; 8:45 am] 

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 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: We determine that 1,1,1,2- 

Tetrafluroethane (‘‘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 

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: 

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 1,1,1,2- 

Tetrafluoroethane, 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 

(Mexichem Fluor); Genetron 134a 

(Honeywell); Suva 134a, Dymel 134a, 

and Dymel P134a (DuPont); Solkane 

134a (Solvay); and Forane 134a 

(Arkema). Generically, 1,1,1,2- 

tetrafluoroethane 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 


tkelley on DSK3SPTVN1PROD with NOTICES