Polychloroprene Rubber from Japan: Notice of Initiation and Preliminary Results of Changed Circumstances Review, and Intent to Revoke Antidumping Duty Finding in Part, 46189-46191 [E6-13168]
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Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Notices
hsrobinson on PROD1PC67 with NOTICES1
8415–01–536–3809—Size 30 X-Short.
8415–01–536–3794—Size 30 Short.
8415–01–536–3791—Size 28 X-Long.
8415–01–536–3927—Size 38 Regular.
8415–01–536–3777—Size 28 Long.
8415–01–536–3774—Size 28 Regular.
8415–01–536–3759—Size 28 Short.
8415–01–536–4071—Size 40 Regular.
8415–01–536–3758—Size 28 X-Short.
8415–01–536–4109—Size 44 Long.
8415–01–536–4081—Size 42 Regular.
Product/NSNs: Trousers, Airman’s Battle
Uniform, Women’s, (ABU)
8410–01–536–2748—Size 12 Short.
8410–01–536–2746—Size 12 X-Short.
8410–01–536–2744—Size 10 Long.
8410–01–536–2740—Size 10 Short.
8410–01–536–2739—Size 10 X-Short.
8410–01–536–2736—Size 8 Long.
8410–01–536–2725—Size 8 Short.
8410–01–536–2723—Size 8 X-Short.
8410–01–536–2721—Size 6 Long.
8410–01–536–2720—Size 6 Regular.
8410–01–536–2719—Size 6 Short.
8410–01–536–2718—Size 6 X-Short.
8410–01–536–2715—Size 4 Regular.
8410–01–536–2714—Size 4 X-Short.
8410–01–536–2711—Size 2 Regular.
8410–01–536–2709—Size 2 Short.
8410–01–536–2734—Size 8 Regular.
8410–01–536–2742—Size 10 Regular.
8410–01–536–2749—Size 12 Regular.
8410–01–536–2785—Size 22 Regular.
8410–01–536–2783—Size 20 Long.
8410–01–536–2780—Size 20 Regular.
8410–01–536–2778—Size 18 Long.
8410–01–536–2774—Size 18 Regular.
8410–01–536–2773—Size 18 Short.
8410–01–536–2771—Size 16 Long.
8410–01–536–2770—Size 16 Regular.
8410–01–536–2766—Size 16 Short.
8410–01–536–2765—Size 16 X-Short.
8410–01–536–2761—Size 14 Long.
8410–01–536–2760—Size 14 Regular.
8410–01–536–2756—Size 14 Short.
8410–01–536–2801—Size 4 Short.
8410–01–536–2754—Size 14 X-Short.
8410–01–536–2752—Size 12 Long.
NPA: Goodwill Industries of South Florida,
Inc., Miami, FL.
NPA: CASCO Area Workshop, Inc.,
Harrisonville, MO.
Coverage: The requirement being proposed
for addition to the Procurement List is a
quantity of no more than 200,000 units
of any combination of the above NSNs
for Trousers, Airman’s Battle Uniform,
Men’s or Trousers, Airman’s Battle
Uniform, Women’s.
Contracting Activity: Defense Supply Center
Philadelphia, Philadelphia, PA
Service
Service Type/Location: Grounds
Maintenance, Naval Operations Support
Center, 800 Dan Street, Akron, OH.
Service Type/Location: Grounds
Maintenance/Refuse Removal/Snow
Removal, Naval Operations Support
Center, 7221 Second Street, Columbus,
OH.
Service Type/Location: Custodial/Grounds
Maintenance, Naval Operations Support
Center, 28828 Glenwood Road,
Perrysburg, OH.
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NPA: VGS, Inc., Cleveland, OH.
Contracting Activity: Naval Facilities
Engineering Field Activity Midwest,
Great Lakes, IL.
DEPARTMENT OF COMMERCE
Sheryl D. Kennerly,
Director, Information Management.
[FR Doc. E6–13163 Filed 8–10–06; 8:45 am]
Action Affecting Export Privileges;
Data Physics Corporation, Data
Physics China, Sri Welaratna, Bill
Chen; Correction
Bureau of Industry and Security
BILLING CODE 6353–01–P
COMMISSION ON CIVIL RIGHTS
Sunshine Act Notice
Friday, August 18, 2006,
9:30 a.m., Commission Meeting.
DATE AND TIME:
U.S. Commission on Civil Rights,
624 Ninth Street, NW., Rm. 540,
Washington, DC 20425.
PLACE:
In the Federal Register of Tuesday,
May 23, 2006, the Bureau of Industry
and Security published an Order at
29613. This notice is being published to
correct the name and add an additional
address of one of the respondents listed
in the caption and text in that order.
The correct name and address are as
follows: Sri Ramya Welaratna, 767
Sunshine Dr., Los Altos, CA 94024.
STATUS:
Dated: July 14, 2006
Darryl W. Jackson,
Assistant Secretary for Export Enforcement.
[FR Doc. 06–6853 Filed 8–10–06: 8:45am]
Agenda
BILLING CODE 3510–DT–M
I. Approval of Agenda
II. Approval of Minutes of July 28,
Meeting
III. Announcements
IV. Staff Director’s Report
V. Program Planning
• Record Items for the Briefing on
Benefits of Diversity in Elementary
and Secondary Education.
• Outline and Discovery Plan for FY
2007 Statutory Enforcement Report
on Elementary and Secondary
School Desegregation.
• Anti-Semitism Brochure.
VI. Management and Operations
• Strategic Plan Performance
Measures.
• Memorandum of Understanding
With Thurgood Marshall Library.
VII. State Advisory Committee Issues
• Acting Chair for Maine State
Advisory Committee.
• Re-Charter Package for California
State Advisory Committee.
• Re-Charter Package for Georgia
State Advisory Committee.
VIII. Closed Meeting To Discuss
Personnel Matters
IX. Future Agenda Items
X. Adjourn
CONTACT PERSON FOR FURTHER
INFORMATION: Audrey Wright, Office
of
the Staff Director, (202) 376–7700.
David P. Blackwood,
General Counsel.
[FR Doc. 06–6891 Filed 8–9–06; 11:36 am]
BILLING CODE 6335–01–M
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DEPARTMENT OF COMMERCE
International Trade Administration
A–588–046
Polychloroprene Rubber from Japan:
Notice of Initiation and Preliminary
Results of Changed Circumstances
Review, and Intent to Revoke
Antidumping Duty Finding in Part
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 11, 2006.
SUMMARY: On June 30, 2006, the
Department of Commerce (the
Department) received a request on
behalf of the petitioner, DuPont
Performance Elastomers L.L.C.
(DuPont)1 for a changed circumstances
review and a request to revoke, in part,
the antidumping duty (AD) finding on
certain polychloroprene rubber products
from Japan. In its June 30, 2006,
submission, DuPont stated that it no
longer has any interest in antidumping
relief from imports of such
polychloroprene rubber with respect to
the subject merchandise defined in the
‘‘Scope of the Finding’’ section below.
Interested parties are invited to
comment on these preliminary results.
FOR FURTHER INFORMATION CONTACT:
Maisha Cryor or Mark Manning, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
AGENCY:
1 DuPont is the sole petitioner in this
antidumping proceeding. See Polychloroprene
Rubber From Japan: Final Results of the Expedited
Sunset Review of the Antidumping Duty Finding, 69
FR 64276 (November 4, 2004).
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Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Notices
Avenue, N.W., Washington D.C. 20230;
telephone (202) 482–5831 and (202)
482–5253, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 6, 1973, the Department
of Treasury published in the Federal
Register (38 FR 33593) the antidumping
finding on polychloroprene rubber from
Japan. On June 30, 2006, DuPont
requested revocation in part of the AD
finding pursuant to sections 751(b)(1)
and 782(h) of the Tariff Act of 1930, as
amended (the Act), with respect to (1)
aqueous dispersions of
polychloroprenes that are dipolymers of
chloroprene and methacrylic acid,
where the dispersion has a pH of 8 or
lower (this category is limited to
aqueous dispersions of these polymers
and does not include aqueous
dispersions of these polychloroprenes
that contain comonomers other than
methacrylic acid); (2) aqueous
dispersions of polychloroprenes that are
dipolymers of chloroprene and 2,3–
dichlorobutadiene–1,3 modified with
xanthogen disulfides, where the
dispersion has a solids content of
greater than 59 percent (this category is
limited to aqueous dispersions of these
polymers and does not include aqueous
dispersions of polychloroprenes that
contain comonomers other than 2,3–
dichlorobutadiene–1,3); and (3) solid
polychloroprenes that are dipolymers of
chloroprene and 2,3–
dichlorobutadiene–1,3 having a 2,3–
dichlorobutadiene–1,3 content of 15
percent or greater (this category is
limited to polychloroprenes in solid
form and does not include aqueous
dispersions).
hsrobinson on PROD1PC67 with NOTICES1
Scope of the Finding
Imports covered by this finding are
shipments of polychloroprene rubber,
an oil resistant synthetic rubber also
known as polymerized chlorobutadiene
or neoprene, currently classifiable under
items 4002.41.00, 4002.49.00,
4003.00.00 of the Harmonized Tariff
Schedule of the United States (HTSUS).
HTSUS item numbers are provided for
convenience and customs purposes. The
Department’s written description of the
scope remains dispositive.
Initiation and Preliminary Results of
Changed Circumstances Review, and
Intent to Revoke Finding in Part
In this case, the Department finds that
the information submitted by DuPont
provides sufficient evidence of changed
circumstances to warrant a review. In
accordance with sections 751(b)(1) and
751(d)(1) of the Act and 19 CFR 351.216
(b), based on the information provided
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Jkt 208001
by DuPont, the Department is initiating
a changed circumstances review of
polychloroprene rubber from Japan to
determine whether partial revocation of
the AD finding is warranted with
respect to the aforementioned certain
polychloroprene rubber products from
Japan. Section 782(h)(2) of the Act and
19 CFR 351.222(g)(1)(i) provide that the
Department may revoke an order (in
whole or in part) if it determines that
producers accounting for substantially
all of the production of the domestic
like product have no further interest in
the order, in whole or in part. DuPont
is the sole petitioner and U.S. producer
of polychloroprene rubber and accounts
for all of the production of the domestic
like product to which the finding
pertains.2 See DuPont’s June 30, 2006,
submission at page 2. In addition, in the
event the Department determines that
expedited action is warranted, 19 CFR
351.221(c)(3)(ii) permits the Department
to combine the notices of initiation and
preliminary results.
In accordance with sections 751(d)(1)
and 782(h)(2) of the Act, and 19 CFR
351.222(g)(l)(i), we are conducting this
changed circumstances review because
the sole petitioner and domestic
producer of polychloroprene rubber has
expressed a lack of interest in applying
the AD finding to the specific
polychloroprene rubber from Japan
covered by this request. In accordance
with 19 CFR 351.221(c)(3)(ii), we have
determined that expedited action is
warranted. Our decision to expedite this
review stems from the fact that the sole
petitioner and domestic producer of the
subject merchandise, DuPont, requested
expedited action.
Based on the expression of no interest
by the sole domestic producer, we have
preliminarily determined that producers
accounting for substantially all of the
domestic like product have no interest
in the continued application of the AD
finding on polychloroprene rubber that
is subject to this request. Therefore, we
are notifying the public of our intent to
revoke, in part, the AD finding as it
relates to imports of certain
polychloroprene rubber products from
Japan.
Therefore, we intend to amend the
scope of the finding on polychloroprene
rubber from Japan to read as follows:
Imports covered by this review are
shipments of polychloroprene rubber,
an oil resistant synthetic rubber also
known as polymerized chlorobutadiene
2 DuPont has been the sole U.S. producer of
polychloroprene rubber since 1998, when Bayer
closed its polychloroprene rubber plant in Houston,
Texas. See Polychhloroprene Rubber from Japan,
Inv. No. AA-1921-129 (Second Review), U.S. ITC
Pub. 3786, at 4-5 (June 2005).
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or neoprene, currently classifiable under
items 4002.41.00, 4002.49.00,
4003.00.00 of the Harmonized Tariff
Schedule of the United States (HTSUS).
HTSUS item numbers are provided for
convenience and customs purpose. The
Department’s written description of the
scope remains dispositive.
In addition, the following types of
polychloroprene rubber are excluded
from the scope of the finding: (1)
aqueous dispersions of
polychloroprenes that are dipolymers of
chloroprene and methacrylic acid,
where the dispersion has a pH of 8 or
lower (this category is limited to
aqueous dispersions of these polymers
and does not include aqueous
dispersions of these polychloroprenes
that contain comonomers other than
methacrylic acid); (2) aqueous
dispersions of polychloroprenes that are
dipolymers of chloroprene and 2,3–
dichlorobutadiene–1,3 modified with
xanthogen disulfides, where the
dispersion has a solids content of
greater than 59 percent (this category is
limited to aqueous dispersions of these
polymers and does not include aqueous
dispersions of polychloroprenes that
contain comonomers other than 2,3–
dichlorobutadiene–1,3); and (3) solid
polychloroprenes that are dipolymers of
chloroprene and 2,3–
dichlorobutadiene–1,3 having a 2,3–
dichlorobutadiene–1,3 content of 15
percent or greater (this category is
limited to polychloroprenes in solid
form and does not include aqueous
dispersions).
Public Comment
Interested parties are invited to
comment on these preliminary results.
Written comments may be submitted no
later than 14 days after the date of
publication of this notice. Rebuttals to
written comments, limited to issues
raised in such comments, may be filed
no later than 21 days after the date of
publication of this notice. Also,
interested parties may request a hearing
within 14 days of publication of this
notice. All written comments shall be
submitted in accordance with 19 CFR
351.303 and shall be served on all
interested parties. The Department will
issue the final results of this changed
circumstances review, which will
include the results of its analysis raised
in any such written comments, no later
than 270 days after the date on which
this review was initiated, or within 45
days if all parties agree to our
preliminary results. See 19 CFR
351.216(e).
If final partial revocation occurs, we
will instruct U.S. Customs and Border
Protection to end the suspension of
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Federal Register / Vol. 71, No. 155 / Friday, August 11, 2006 / Notices
liquidation for the merchandise covered
by the revocation on the effective date
of the notice of revocation and to release
any cash deposit or bond. See 19 CFR
351.222(g)(4). The current requirement
for a cash deposit of estimated AD
duties on all subject merchandise will
continue unless and until it is modified
pursuant to the final results of this
changed circumstances review.
This initiation and preliminary results
of review and notice are in accordance
with sections 751(b) and 777(i) of the
Act and 19 CFR 351.216, 351.221, and
351.222.
Dated: August 7, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E6–13168 Filed 8–10–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–821–802
Continuation of Suspended
Antidumping Duty Investigation:
Uranium From the Russian Federation
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determination by the Department of
Commerce (‘‘the Department’’) that
termination of the Agreement
Suspending the Antidumping
Investigation on Uranium from the
Russian Federation (‘‘Suspension
Agreement’’) would likely lead to
continuation or recurrence of dumping
and the determination by the
International Trade Commission (‘‘ITC’’)
that termination of the suspended
antidumping duty investigation on
uranium from the Russian Federation
would likely lead to continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time, the
Department is publishing this notice of
continuation of the Suspension
Agreement on uranium from Russia.
AGENCY:
EFFECTIVE DATE:
August 11, 2006.
hsrobinson on PROD1PC67 with NOTICES1
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–0162.
SUPPLEMENTARY INFORMATION:
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15:03 Aug 10, 2006
Jkt 208001
Background
On July 1, 2005, the ITC instituted,
and the Department initiated, a sunset
review of the Suspension Agreement,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (‘‘the Act’’).
See ITC Investigation Nos. 731–TA–539–
C (Second Review), Uranium from
Russia, 70 FR 38212 (July 1, 2005) and
Initiation of Five-year (Sunset) Reviews,
70 FR 38101 (July 1, 2005). As a result
of its review, pursuant to sections 751(c)
and 752 of the Act, the Department
determined that termination of the
Suspension Agreement would likely
lead to a continuation or recurrence of
dumping and notified the ITC of the
magnitude of the margin likely to
prevail should the Suspension
Agreement be terminated. See Final
Results of Five-year Sunset Review of
Suspended Antidumping Duty
Investigation on Uranium from the
Russian Federation, 71 FR 32517 (June
6, 2006).
On August 7, 2006, pursuant to
section 751(c) of the Act, the ITC
determined that termination of the
suspended investigation on uranium
from the Russian Federation would be
likely to lead to continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time. See
Uranium from Russia, 71 FR 44707
(August 7, 2006) and USITC Publication
3872 (August 2006), entitled ‘‘Uranium
From Russia, Investigation No. 731–TA–
539–C (Second Review).’’ Therefore,
pursuant to Section 351.218(f)(4) of the
Department’s regulations, the
Department is publishing this notice of
the continuation of the Suspension
Agreement.
Scope
According to the June 3, 1992,
preliminary determination, the
suspended investigation of uranium
from Russia encompassed one class or
kind of merchandise.1 The merchandise
included natural uranium in the form of
uranium ores and concentrates; natural
uranium metal and natural uranium
compounds; alloys, dispersions
(including cermets), ceramic products,
1 The Department based its analysis of the
comments on class or kind submitted during the
proceeding and determined that the product under
investigation constitutes a single class or kind of
merchandise. The Department based its analysis on
the ‘‘Diversified’’’ criteria (see Diversified Products
Corp. v. United States, 6 CIT 1555 (1983); see also
Preliminary Determination of Sales at Less Than
Fair Value: Uranium from Kazakhstan, Kyrgyzstan,
Russia, Tajikistan, Ukraine and Uzbekistan; and
Preliminary Determination of Sales at Not Less
Than Fair Value: Uranium from Armenia,
Azerbaijan, Byelarus, Georgia, Moldova and
Turkmenistan, 57 FR 23380, 23382 (June 3, 1992).
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46191
and mixtures containing natural
uranium or natural uranium compound;
uranium enriched in U235 and its
compounds; alloys dispersions
(including cermets), ceramic products
and mixtures containing uranium
enriched in U235 or compounds or
uranium enriched in U235; and any
other forms of uranium within the same
class or kind. The uranium subject to
this investigation was provided for
under subheadings 2612.10.00.00,
2844.10.10.00, 2844.10.20.10,
2844.10.20.25, 2844.10.20.50,
2844.10.20.55, 2844.10.50,
2844.20.00.10, 2844.20.00.20,
2844.20.00.30, and 2844.20.00.50 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’).2 In addition,
the Department preliminarily
determined that highly–enriched
uranium (‘‘HEU’’) (uranium enriched to
20 percent or greater in the isotope
uranium–235) is not within the scope of
the investigation. On October 30, 1992,
the Department issued a suspension of
the antidumping duty investigation of
uranium from Russia and an
amendment of the preliminary
determination.3 The notice amended the
scope of the investigation to include
HEU.4 Imports of uranium ores and
concentrates, natural uranium
compounds, and all other forms of
enriched uranium were classifiable
under HTSUS subheadings 2612.10.00,
2844.10.20, 2844.20.00, respectively.
Imports of natural uranium metal and
forms of natural uranium other than
compounds were classifiable under
HTSUS subheadings 2844.10.10 and
2844.10.50.5
In addition, Section III of the
Suspension Agreement provides that
uranium ore from Russia that is milled
into U3O8 and/or converted into UF6 in
another country prior to direct and/or
indirect importation into the United
States is considered uranium from
Russia and is subject to the terms of the
Suspension Agreement, regardless of
any subsequent modification or
blending.6 In addition, Section M.1 of
the Suspension Agreement in no way
2 See Preliminary Determination of Sales at Less
Than Fair Value: Uranium from Kazakhstan,
Kyrgyzstan, Russia, Tajikistan, Ukraine and
Uzbekistan; and Preliminary Determination of Sales
at Not Less Than Fair Value: Uranium from
Armenia, Azerbaijan, Byelarus, Georgia, Moldova
and Turkmenistan, 57 FR 23380, 23381 (June 3,
1992).
3 See Antidumping; Uranium from Kazakhstan,
Kyrgyszstan, Russia, Tajikistan, Ukraine, and
Uzbekistan; Suspension of Investigations and
Amendment of Preliminary Determinations, 57 FR
49220 (October 30, 1992).
4 See Id. at 49235.
5 See Id.
6 See Id. at 49235.
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Agencies
[Federal Register Volume 71, Number 155 (Friday, August 11, 2006)]
[Notices]
[Pages 46189-46191]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13168]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-588-046
Polychloroprene Rubber from Japan: Notice of Initiation and
Preliminary Results of Changed Circumstances Review, and Intent to
Revoke Antidumping Duty Finding in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: August 11, 2006.
SUMMARY: On June 30, 2006, the Department of Commerce (the Department)
received a request on behalf of the petitioner, DuPont Performance
Elastomers L.L.C. (DuPont)\1\ for a changed circumstances review and a
request to revoke, in part, the antidumping duty (AD) finding on
certain polychloroprene rubber products from Japan. In its June 30,
2006, submission, DuPont stated that it no longer has any interest in
antidumping relief from imports of such polychloroprene rubber with
respect to the subject merchandise defined in the ``Scope of the
Finding'' section below. Interested parties are invited to comment on
these preliminary results.
---------------------------------------------------------------------------
\1\ DuPont is the sole petitioner in this antidumping
proceeding. See Polychloroprene Rubber From Japan: Final Results of
the Expedited Sunset Review of the Antidumping Duty Finding, 69 FR
64276 (November 4, 2004).
FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Mark Manning, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14\th\ Street and Constitution
[[Page 46190]]
Avenue, N.W., Washington D.C. 20230; telephone (202) 482-5831 and (202)
---------------------------------------------------------------------------
482-5253, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 6, 1973, the Department of Treasury published in the
Federal Register (38 FR 33593) the antidumping finding on
polychloroprene rubber from Japan. On June 30, 2006, DuPont requested
revocation in part of the AD finding pursuant to sections 751(b)(1) and
782(h) of the Tariff Act of 1930, as amended (the Act), with respect to
(1) aqueous dispersions of polychloroprenes that are dipolymers of
chloroprene and methacrylic acid, where the dispersion has a pH of 8 or
lower (this category is limited to aqueous dispersions of these
polymers and does not include aqueous dispersions of these
polychloroprenes that contain comonomers other than methacrylic acid);
(2) aqueous dispersions of polychloroprenes that are dipolymers of
chloroprene and 2,3-dichlorobutadiene-1,3 modified with xanthogen
disulfides, where the dispersion has a solids content of greater than
59 percent (this category is limited to aqueous dispersions of these
polymers and does not include aqueous dispersions of polychloroprenes
that contain comonomers other than 2,3-dichlorobutadiene-1,3); and (3)
solid polychloroprenes that are dipolymers of chloroprene and 2,3-
dichlorobutadiene-1,3 having a 2,3-dichlorobutadiene-1,3 content of 15
percent or greater (this category is limited to polychloroprenes in
solid form and does not include aqueous dispersions).
Scope of the Finding
Imports covered by this finding are shipments of polychloroprene
rubber, an oil resistant synthetic rubber also known as polymerized
chlorobutadiene or neoprene, currently classifiable under items
4002.41.00, 4002.49.00, 4003.00.00 of the Harmonized Tariff Schedule of
the United States (HTSUS). HTSUS item numbers are provided for
convenience and customs purposes. The Department's written description
of the scope remains dispositive.
Initiation and Preliminary Results of Changed Circumstances Review, and
Intent to Revoke Finding in Part
In this case, the Department finds that the information submitted
by DuPont provides sufficient evidence of changed circumstances to
warrant a review. In accordance with sections 751(b)(1) and 751(d)(1)
of the Act and 19 CFR 351.216 (b), based on the information provided by
DuPont, the Department is initiating a changed circumstances review of
polychloroprene rubber from Japan to determine whether partial
revocation of the AD finding is warranted with respect to the
aforementioned certain polychloroprene rubber products from Japan.
Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide that
the Department may revoke an order (in whole or in part) if it
determines that producers accounting for substantially all of the
production of the domestic like product have no further interest in the
order, in whole or in part. DuPont is the sole petitioner and U.S.
producer of polychloroprene rubber and accounts for all of the
production of the domestic like product to which the finding
pertains.\2\ See DuPont's June 30, 2006, submission at page 2. In
addition, in the event the Department determines that expedited action
is warranted, 19 CFR 351.221(c)(3)(ii) permits the Department to
combine the notices of initiation and preliminary results.
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\2\ DuPont has been the sole U.S. producer of polychloroprene
rubber since 1998, when Bayer closed its polychloroprene rubber
plant in Houston, Texas. See Polychhloroprene Rubber from Japan,
Inv. No. AA-1921-129 (Second Review), U.S. ITC Pub. 3786, at 4-5
(June 2005).
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In accordance with sections 751(d)(1) and 782(h)(2) of the Act, and
19 CFR 351.222(g)(l)(i), we are conducting this changed circumstances
review because the sole petitioner and domestic producer of
polychloroprene rubber has expressed a lack of interest in applying the
AD finding to the specific polychloroprene rubber from Japan covered by
this request. In accordance with 19 CFR 351.221(c)(3)(ii), we have
determined that expedited action is warranted. Our decision to expedite
this review stems from the fact that the sole petitioner and domestic
producer of the subject merchandise, DuPont, requested expedited
action.
Based on the expression of no interest by the sole domestic
producer, we have preliminarily determined that producers accounting
for substantially all of the domestic like product have no interest in
the continued application of the AD finding on polychloroprene rubber
that is subject to this request. Therefore, we are notifying the public
of our intent to revoke, in part, the AD finding as it relates to
imports of certain polychloroprene rubber products from Japan.
Therefore, we intend to amend the scope of the finding on
polychloroprene rubber from Japan to read as follows: Imports covered
by this review are shipments of polychloroprene rubber, an oil
resistant synthetic rubber also known as polymerized chlorobutadiene or
neoprene, currently classifiable under items 4002.41.00, 4002.49.00,
4003.00.00 of the Harmonized Tariff Schedule of the United States
(HTSUS). HTSUS item numbers are provided for convenience and customs
purpose. The Department's written description of the scope remains
dispositive.
In addition, the following types of polychloroprene rubber are
excluded from the scope of the finding: (1) aqueous dispersions of
polychloroprenes that are dipolymers of chloroprene and methacrylic
acid, where the dispersion has a pH of 8 or lower (this category is
limited to aqueous dispersions of these polymers and does not include
aqueous dispersions of these polychloroprenes that contain comonomers
other than methacrylic acid); (2) aqueous dispersions of
polychloroprenes that are dipolymers of chloroprene and 2,3-
dichlorobutadiene-1,3 modified with xanthogen disulfides, where the
dispersion has a solids content of greater than 59 percent (this
category is limited to aqueous dispersions of these polymers and does
not include aqueous dispersions of polychloroprenes that contain
comonomers other than 2,3-dichlorobutadiene-1,3); and (3) solid
polychloroprenes that are dipolymers of chloroprene and 2,3-
dichlorobutadiene-1,3 having a 2,3-dichlorobutadiene-1,3 content of 15
percent or greater (this category is limited to polychloroprenes in
solid form and does not include aqueous dispersions).
Public Comment
Interested parties are invited to comment on these preliminary
results. Written comments may be submitted no later than 14 days after
the date of publication of this notice. Rebuttals to written comments,
limited to issues raised in such comments, may be filed no later than
21 days after the date of publication of this notice. Also, interested
parties may request a hearing within 14 days of publication of this
notice. All written comments shall be submitted in accordance with 19
CFR 351.303 and shall be served on all interested parties. The
Department will issue the final results of this changed circumstances
review, which will include the results of its analysis raised in any
such written comments, no later than 270 days after the date on which
this review was initiated, or within 45 days if all parties agree to
our preliminary results. See 19 CFR 351.216(e).
If final partial revocation occurs, we will instruct U.S. Customs
and Border Protection to end the suspension of
[[Page 46191]]
liquidation for the merchandise covered by the revocation on the
effective date of the notice of revocation and to release any cash
deposit or bond. See 19 CFR 351.222(g)(4). The current requirement for
a cash deposit of estimated AD duties on all subject merchandise will
continue unless and until it is modified pursuant to the final results
of this changed circumstances review.
This initiation and preliminary results of review and notice are in
accordance with sections 751(b) and 777(i) of the Act and 19 CFR
351.216, 351.221, and 351.222.
Dated: August 7, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-13168 Filed 8-10-06; 8:45 am]
BILLING CODE 3510-DS-S