Polychloroprene Rubber From Japan: Notice of Initiation and Preliminary Results of Changed Circumstances Review, and Intent To Revoke Antidumping Duty Finding in Part, 12954-12955 [08-1003]

Download as PDF 12954 Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Notices interested parties will have an opportunity to comment on the preliminary results of this review. This notice of initiation is in accordance with section 751(b)(1) of the Act, 19 CFR 351.216(b) and (d), and 19 CFR 351.221(b)(1). Dated: March 5, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–4827 Filed 3–10–08; 8:45 am] BILLING CODE 3510–DS–S 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. SUMMARY: On January 23, 2008, the Department of Commerce (the Department) received a request on behalf of the petitioner, DuPont Performance Elastomers L.L.C. (DPE) 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. EFFECTIVE DATE: March 11, 2008. FOR FURTHER INFORMATION CONTACT: Douglas Kirby, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–3782. SUPPLEMENTARY INFORMATION: yshivers on PROD1PC62 with NOTICES AGENCY: Background On December 6, 1973, the Department of Treasury published in the Federal Register (38 FR 33593) the antidumping finding on polychloroprene rubber (PCR) from Japan. On January 23, 2008, DPE requested revocation in part of the AD finding with respect to solid polychloroprenes that are dipolymers of chloroprene and methacrylic acid having methacrylic acid comonomer content in the 1.0 percent to 5.0 percent range (this category does not include 1 DPE is the sole petitioner in this antidumping proceeding. See Polychloroprene Rubber From Japan: Final Results of the Expedited Sunset Review of the Antidumping Finding, 69 FR 64276 (November 4, 2004). VerDate Aug<31>2005 19:03 Mar 10, 2008 Jkt 214001 aqueous chloroprene/methacrylic acid dipolymer dispersion products or solvent solutions of chloroprene/ methacrylic acid dipolymers). In its January 23, 2008 submission, DPE stated that it no longer has any interest in antidumping relief from imports of such PCR 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. 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 4002.42.00, 4002.49.00, 4003.00.00, 4462.15.21 and 4462.00.00 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 Antidumping Finding in Part Pursuant to section 751(d)(1) of the Tariff Act of 1930, as amended (the Act), the Department may revoke, in whole or in part, an antidumping finding based on a review under section 751(b) of the Act (i.e., a changed circumstances review). Section 751(b)(1) of the Act requires a changed circumstances review to be conducted upon receipt of a request which shows changed circumstances sufficient to warrant a review. Pursuant to section 782(h)(2) of the Act and 19 CFR 351.222(g), the Department will conduct a changed circumstances review under 19 CFR 351.216 and 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 to which the order (or the part of the order to be revoked) pertains have expressed a lack of interest in the relief provided by the order, in whole or in part. In addition, in the event that the Department concludes 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 this case, the Department finds that the information submitted by Petitioner provides sufficient evidence of changed circumstances to warrant a review. See 19 CFR 351.216(d). DPE is the sole petitioner and domestic producer of PCR, and therefore accounts for all of the production of the domestic like PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 product to which the order pertains.2 In addition, DPE affirms that it is no longer interested in the inclusion of the above products within the scope of the antidumping findings. See DPE’s January 23, 2008 submission at page 2. Therefore, in accordance with sections 751(b)(1) and 751(d)(1) of the Act, and 19 CFR 351.216 and 351.222(g), and based on the information provided by DPE, the Department is initiating a changed circumstances review of PCR from Japan to determine whether partial revocation of the AD finding is warranted with respect to the aforementioned certain PCR products from Japan. Furthermore, 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, DPE, has requested expedited action. Because we have concluded that expedited action is warranted, we are combining these notices of initiation and preliminary results. Based on the expression of no interest by the sole domestic producer, the Department has preliminarily determined that producers accounting for substantially all of the production of the domestic like product have no further interest in the continued application of the AD finding on PCR that is subject to this request. See section 782(h)(2) of the Act. Therefore, we are notifying the public of our intent to revoke, in part, the AD finding as it relates to imports of certain PCR products from Japan. Accordingly, the Department intends to amend the scope of the finding on PCR 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 4002.42.00, 4002.49.00, 4003.00.00, 4462.15.21 and 4462.00.00 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. In addition, the following type of polychloroprene rubber is excluded from the scope of the finding: solid polychloroprenes that are dipolymers of chloroprene and methacrylic acidhaving 2 DuPont has been the sole U.S. producer of polychloroprene rubber since 1998, when Bayer Group closed its polychloroprene rubber plant in Houston, Texas. See Polychloroprene Rubber from Japan, Inv. No. AA–1921–129 (Second Review), U.S. ITC Pub. 3786, at 4–5 (June 2005). E:\FR\FM\11MRN1.SGM 11MRN1 Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Notices Dated: March 6, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. 08–1003 Filed 3–10–08; 8:45 am] Public Comment yshivers on PROD1PC62 with NOTICES methacrylic acid comonomer content in the 1.0 percent to 5.0 percent range (this category does not include aqueous chloroprene/methacrylic acid diploymer dispersion products or solvent solutions of chloroprene/methacrylic acid dipolymers). DEPARTMENT OF COMMERCE Interest parties are invited to comment on these preliminary results. All written comments shall be submitted in accordance with 19 CFR 351.303 and shall be served on all interested parties. Interested parties may submit case briefs and/or written comments no later than 30 days after the date of publication of this notice. See 19 CFR 351.309(c)(ii). Rebuttal briefs and rebuttals to written comments, which must be limited to issues raised in such briefs or comments, may be filed no later than 5 days after the time limit for filing the case brief. See 19 CFR 351.309(d). Parties who submit arguments are requested to submit with the argument (1) a statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities. Also, any interested party may request a hearing within 30 days of publication of this notice. See 19 CFR 351.310(c). Any hearing, if requested, will be held 44 days after the date of publication of this notice, or the first working day thereafter. Persons interested in attending a hearing should contact the Department for the date and time of the hearing. Consistent with section 351.216(e) of the Department’s regulations, the Department will issue the final results of this changed circumstances review, including the results of its analysis of issues raised in any written comments, no later than 270 days the date on which this review was initiated, or within 45 days if all parties agree to our preliminary finding. 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 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 notice of initiation is in accordance with sections 751(b)(1) and 777 of the Act and 19 CFR 351.216, 351.221, and 351.222. National Oceanic and Atmospheric Administration VerDate Aug<31>2005 15:44 Mar 10, 2008 Jkt 214001 BILLING CODE 3510–DS–M Notice of Availability for Public Comment on the Draft Joint Subcommittee on Ocean Science and Technology Interagency Working Group on Ocean Observation Integrated Ocean Observing System Strategic Plan National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce. ACTION: Notice of availability; request for comments. AGENCY: SUMMARY: The NOAA Integrated Ocean Observing System Program (IOOS) Program publishes this notice on behalf of the Joint Subcommittee on Ocean Science and Technology—Interagency Working Group on Ocean Observation’s (JSOST-IWGOO) to announce a 30-day public comment period for the five-year IOOS Strategic Plan. This five-year vision for IOOS will be used by the IWGOO to build an implementation plan that will describe in more detail the roles and responsibilities that will be undertaken by the interagency members. DATES: Written, faxed or emailed comments must be received no later than 5 p.m. eastern standard time on April 4, 2008. ADDRESSES: The JSOST-IWGOO IOOS Strategic Plan is available for review from Ocean.US Web site URL: https:// www.ocean.us/IWGOO/SPcomments. For the public unable to access the internet, printed copies can be requested by contacting the IWGOO Executive Secretariat at the address below. The public is encouraged to submit comments electronically to strategic_comments@IWGOO.net. If you are unable to access the internet, comments may be submitted via fax or regular mail. Faxed comments should be sent to 301–427–2073. Comments may be submitted in writing to the NOAA IOOS Program Office, Attention: IWGOO Executive Secretariat, 1100 Wayne Avenue, Suite 1225, Silver Spring, Maryland 20910. FOR FURTHER INFORMATION CONTACT: For further information about this notice, PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 12955 please contact the IWGOO Executive Secretariat, telephone: 301–427–2439; E-mail: strategic_comments@IWGOO.net. The U.S. Ocean Action Plan (2004), in response to strong recommendations of the U.S. Commission on Ocean Policy (2004) and building on and complementing the work of past and current interagency efforts to build IOOS, establishes a comprehensive mechanism in the executive branch for coordinating ocean policy at the federal level. The Committee on Ocean Policy (COP) was established by Executive Order 13366 to function as this coordinating mechanism. To support its efforts, the COP established the Interagency Committee on Ocean Science and Resource Management Integration (ICOSRMI) to facilitate and coordinate, recommend, and identify opportunities on a broad array of ocean science issues. In April 2007, ICOSRMI and the National Ocean Research Leadership Council (NORLC) established by the National Ocean Partnership Program (10 U.S.C. 7981–7983) jointly agreed that future actions taken by ICOSRMI related to the NOPP would be deemed actions of the NORLC for the purpose of maintaining interagency progress. This relationship combines the executivelegislative set of mechanisms to provide the essential organizational structures including coordination of IOOS issues at all levels of the federal government. The IWGOO, established under JSOST to lead the interagency planning and coordination of ocean observing activities including IOOS, is represented by seventeen federal agencies, which NOAA was identified as the lead federal agency by the Administration. As defined in the charter, the purpose of the IWGOO is to advise and assist JSOST on matters relating to all aspects of ocean observations within the scope of an end-to-end concept of ocean observations. The IWGOO IOOS Strategic Plan is a five-year vision for the IOOS that builds on the IOOS development plan, addendum, and its predecessor documents for the U.S. IOOS that characterizes the areas of highest priority for the U.S. contribution to the Global Earth Observation System of Systems (GEOSS). SUPPLEMENTARY INFORMATION: John H. Dunnigan, Chair, Interagency Working Group on Ocean Observations; Assistant Administrator, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. E8–4693 Filed 3–10–08; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\11MRN1.SGM 11MRN1

Agencies

[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Notices]
[Pages 12954-12955]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1003]


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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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 23, 2008, the Department of Commerce (the 
Department) received a request on behalf of the petitioner, DuPont 
Performance Elastomers L.L.C. (DPE) \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.
---------------------------------------------------------------------------

    \1\ DPE is the sole petitioner in this antidumping proceeding. 
See Polychloroprene Rubber From Japan: Final Results of the 
Expedited Sunset Review of the Antidumping Finding, 69 FR 64276 
(November 4, 2004).

---------------------------------------------------------------------------
EFFECTIVE DATE: March 11, 2008.

FOR FURTHER INFORMATION CONTACT: Douglas Kirby, AD/CVD Operations, 
Office 6, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-3782.

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 (PCR) from Japan. On January 23, 2008, DPE 
requested revocation in part of the AD finding with respect to solid 
polychloroprenes that are dipolymers of chloroprene and methacrylic 
acid having methacrylic acid comonomer content in the 1.0 percent to 
5.0 percent range (this category does not include aqueous chloroprene/
methacrylic acid dipolymer dispersion products or solvent solutions of 
chloroprene/methacrylic acid dipolymers). In its January 23, 2008 
submission, DPE stated that it no longer has any interest in 
antidumping relief from imports of such PCR 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.

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 
4002.42.00, 4002.49.00, 4003.00.00, 4462.15.21 and 4462.00.00 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 Antidumping Finding in Part

    Pursuant to section 751(d)(1) of the Tariff Act of 1930, as amended 
(the Act), the Department may revoke, in whole or in part, an 
antidumping finding based on a review under section 751(b) of the Act 
(i.e., a changed circumstances review). Section 751(b)(1) of the Act 
requires a changed circumstances review to be conducted upon receipt of 
a request which shows changed circumstances sufficient to warrant a 
review. Pursuant to section 782(h)(2) of the Act and 19 CFR 351.222(g), 
the Department will conduct a changed circumstances review under 19 CFR 
351.216 and 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 to which the order (or the part of the order 
to be revoked) pertains have expressed a lack of interest in the relief 
provided by the order, in whole or in part. In addition, in the event 
that the Department concludes 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 this case, the Department finds that the information submitted 
by Petitioner provides sufficient evidence of changed circumstances to 
warrant a review. See 19 CFR 351.216(d). DPE is the sole petitioner and 
domestic producer of PCR, and therefore accounts for all of the 
production of the domestic like product to which the order pertains.\2\ 
In addition, DPE affirms that it is no longer interested in the 
inclusion of the above products within the scope of the antidumping 
findings. See DPE's January 23, 2008 submission at page 2. Therefore, 
in accordance with sections 751(b)(1) and 751(d)(1) of the Act, and 19 
CFR 351.216 and 351.222(g), and based on the information provided by 
DPE, the Department is initiating a changed circumstances review of PCR 
from Japan to determine whether partial revocation of the AD finding is 
warranted with respect to the aforementioned certain PCR products from 
Japan. Furthermore, 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, DPE, has requested 
expedited action. Because we have concluded that expedited action is 
warranted, we are combining these notices of initiation and preliminary 
results.
---------------------------------------------------------------------------

    \2\ DuPont has been the sole U.S. producer of polychloroprene 
rubber since 1998, when Bayer Group closed its polychloroprene 
rubber plant in Houston, Texas. See Polychloroprene Rubber from 
Japan, Inv. No. AA-1921-129 (Second Review), U.S. ITC Pub. 3786, at 
4-5 (June 2005).
---------------------------------------------------------------------------

    Based on the expression of no interest by the sole domestic 
producer, the Department has preliminarily determined that producers 
accounting for substantially all of the production of the domestic like 
product have no further interest in the continued application of the AD 
finding on PCR that is subject to this request. See section 782(h)(2) 
of the Act. Therefore, we are notifying the public of our intent to 
revoke, in part, the AD finding as it relates to imports of certain PCR 
products from Japan.
    Accordingly, the Department intends to amend the scope of the 
finding on PCR 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 4002.42.00, 4002.49.00, 4003.00.00, 
4462.15.21 and 4462.00.00 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.
    In addition, the following type of polychloroprene rubber is 
excluded from the scope of the finding: solid polychloroprenes that are 
dipolymers of chloroprene and methacrylic acidhaving

[[Page 12955]]

methacrylic acid comonomer content in the 1.0 percent to 5.0 percent 
range (this category does not include aqueous chloroprene/methacrylic 
acid diploymer dispersion products or solvent solutions of chloroprene/
methacrylic acid dipolymers).

Public Comment

    Interest parties are invited to comment on these preliminary 
results. All written comments shall be submitted in accordance with 19 
CFR 351.303 and shall be served on all interested parties. Interested 
parties may submit case briefs and/or written comments no later than 30 
days after the date of publication of this notice. See 19 CFR 
351.309(c)(ii). Rebuttal briefs and rebuttals to written comments, 
which must be limited to issues raised in such briefs or comments, may 
be filed no later than 5 days after the time limit for filing the case 
brief. See 19 CFR 351.309(d). Parties who submit arguments are 
requested to submit with the argument (1) a statement of the issue, (2) 
a brief summary of the argument, and (3) a table of authorities. Also, 
any interested party may request a hearing within 30 days of 
publication of this notice. See 19 CFR 351.310(c). Any hearing, if 
requested, will be held 44 days after the date of publication of this 
notice, or the first working day thereafter. Persons interested in 
attending a hearing should contact the Department for the date and time 
of the hearing.
    Consistent with section 351.216(e) of the Department's regulations, 
the Department will issue the final results of this changed 
circumstances review, including the results of its analysis of issues 
raised in any written comments, no later than 270 days the date on 
which this review was initiated, or within 45 days if all parties agree 
to our preliminary finding. 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 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 notice of initiation is in accordance with sections 751(b)(1) 
and 777 of the Act and 19 CFR 351.216, 351.221, and 351.222.

    Dated: March 6, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. 08-1003 Filed 3-10-08; 8:45 am]
BILLING CODE 3510-DS-M

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