[Federal Register Volume 63, Number 16 (Monday, January 26, 1998)]
[Notices]
[Pages 3703-3704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1805]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-807]
Polyethylene Terephthalate Film, Sheet and Strip From the
Republic of Korea, Final Results of Changed Circumstances Antidumping
Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Results of Changed Circumstances Antidumping
Duty Administrative Review.
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SUMMARY: On November 19, 1997, the Department of Commerce (the
Department) published the notice of initiation and preliminary results
of its changed circumstances administrative review concerning whether
Saehan Industries, Inc. (Saehan) is the successor
[[Page 3704]]
firm to Cheil Synthetics Inc., (Cheil) and whether the revocation
issued or Cheil should apply to Saehan. We have now completed that
review. We have determined that Saehan is the successor firm to Cheil.
As such, the revocation issued for Cheil applies to Saehan.
EFFECTIVE DATE: January 26, 1998.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney at (202) 482-4475 or Linda Ludwig at (202) 482-3833,
AD/CVD Enforcement Office Eight, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington, DC 20230.
THE APPLICABLE STATUTE AND REGULATIONS: Unless otherwise indicated, all
citations to the statute are references to the provisions effective
January 1, 1995, the effective date of the amendments made to the
Tariff Act by the Uruguay Round Agreement Act. In addition, unless
otherwise indicated, all citations to the Department's regulations are
to the regulations codified at 19 CFR part 351 (62 FR 27296).
SUPPLEMENTARY INFORMATION:
Background
On September 29, 1997, Saehan requested that the Department conduct
a changed circumstances administrative review pursuant to section
751(b) of the Tariff Act to determine whether Saehan should properly be
considered the successor firm to Cheil and if, as such, the revocation
issued for Cheil should apply to Saehan. Saehan also requested the
Department to publish the preliminary results concurrently with the
notice of initiation, pursuant to 19 CFR 351.221(c)(3)(ii). In its
request, Saehan notified the Department that on February 28, 1997,
Cheil officially changed its corporate name to Saehan, and despite this
change in corporate name, the management, production facilities,
supplier relationships, and customer base of Saehan are virtually
identical to those of the former Cheil. In support of its claim, Saehan
submitted documentary evidence demonstrating that Saehan maintained
essentially the same management, production facilities, supplier, and
customer relationships as Cheil. Citing the Department's determinations
in Sugars and Syrups from Canada; Initiation and Preliminary Results of
Changed Circumstances Review, 61 FR 48885 (Sept. 17, 1996) and
Industrial Phosphoric Acid from Israel; Preliminary Results of
Antidumping Duty Changed Circumstances Review, 58 FR 59010 (Nov. 5,
1993), Saehan claimed that the Department should determine that it is
the successor-in-interest to Cheil.
On November 19, 1997, the Department published in the Federal
Register (62 FR 61801) the notice of initiation and preliminary results
of its antidumping duty administrative review of the antidumping duty
order of polyethylene terephthalate film, sheet, and strip from the
Republic of Korea. We have now completed this changed circumstances
review in accordance with section 751(b) of the Tariff Act, as amended
(the Act).
Scope of the Review
The merchandise subject to this antidumping duty order are
shipments of all gauges of raw, pretreated, or primed polyethylene
terephthalate, film, sheet, and strip, whether extruded or coextruded.
The films excluded from this review are metallized films, and other
finished films that have had at least one of their surfaces modified by
the application of a performance-enhancing resinous or inorganic layer
of more than 0.00001 inches (0.254 micrometers) thick. Roller transport
cleaning film which has at least one of its surfaces modified by the
application of SBR latex has also been ruled as not within the scope of
the order.
PET film is currently classifiable under Harmonized Tariff Schedule
of the United States subheading 3920.62.00.00. The HTS subheading is
provided for convenience and customs purposes. The written description
of the scope of this order is dispositive.
This changed circumstances administrative review covers Saehan.
Successorship
In considering questions involving successorship, the Department
examines several factors including, but not limited to, changes in (1)
management, (2) production facilities, (3) supplier relationships, and
(4) customer base. See e.g., Brass Sheet and Strip from Canada; Final
Results of Antidumping Duty Administrative Review, 57 FR 20460 (May 13,
1992). While no one or several of these factors will necessarily
provide a dispositive indication, the Department will generally
consider the new company to be the successor to the previous company if
its resulting operation is essentially the same as its predecessor. See
e.g., Industrial Phosphoric Acid from Israel, Final Results of Changed
Circumstances Review, 59 FR 6944 (February 14, 1994). Thus, if evidence
demonstrates that, with respect to the production and sale of the
subject merchandise, the new company operates as the same entity as the
former company, the Department will treat the successor company the
same as the predecessor for purposes of antidumping liability, e.g.,
assign the same cash deposit rate, revocation, etc.
We have examined the information provided by Saehan in its
September 29, 1997 letter and determined that Saehan is the successor-
in-interest to Cheil. The management and organizational structure of
the former Cheil has remained intact under Saehan, and there have been
no changes in the production facilities, supplier relationships, or
customer base. Therefore, we determine that Saehan has maintained the
same management, production facilities, supplier relationships, and
customer bases as did Cheil. Based upon the foregoing, we determine
that the July 5, 1996 revocation issued for Cheil applies to Saehan.
Comments
Although we gave interested parties an opportunity to comment on
the preliminary results, none were submitted.
Final Results of Changed Circumstances Review
We determine that Saehan is the successor-in-interest Cheil, and
accordingly, the revocation issued for Cheil applies to Saehan. We will
notify the U.S. Customs Service of our decision and instruct Customs to
liquidate without regard to antidumping duties, merchandise produced by
Saehan on or after February 28, 1997, the date on which the corporate
name change was legally effected.
This changed circumstances review and notice are in accordance with
section 751(b) of the Act, as amended (19 U.S.C. 1675(b)), and 19 CFR
351.216.
Dated: January 16, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-1805 Filed 1-23-98; 8:45 am]
BILLING CODE 3510-PS-M
