Polychloroprene Rubber From Japan: Initiation and Preliminary Results of Changed Circumstances Review, and Intent To Revoke Antidumping Duty Finding, in Part, 56548-56550 [E8-22458]
Download as PDF
56548
Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Notices
The
Census Advisory Committee of
Professional Associations is composed
of 36 members, appointed by the
presidents of the American Economic
Association, the American Statistical
Association, and the Population
Association of America, and the
Chairperson of the Board of the
American Marketing Association. The
Committee addresses Census Bureau
programs and activities related to each
respective Association’s area of
expertise. The Committee has been
established in accordance with the
Federal Advisory Committee Act (Title
5, United States Code, Appendix 2,
Section 10(a)(b)).
The meeting is open to the public,
and a brief period is set aside for public
comment and questions. Persons with
extensive questions or statements must
submit them in writing at least three
days before the meeting to the
Committee Liaison Officer named
above. Seating is available to the public
on a first-come, first-served basis.
This meeting is physically accessible
to people with disabilities. Requests for
sign-language interpretation or other
auxiliary aids should also be directed to
the Committee Liaison Officer as soon
as known, preferably two weeks prior to
the meeting.
Due to increased security and for
access to the meeting, please call 301–
763–3231 upon arrival at the Census
Bureau on the day of the meeting. A
photo ID must be presented in order to
receive your visitor’s badge. Visitors are
not allowed beyond the first floor.
SUPPLEMENTARY INFORMATION:
Dated: September 22, 2008.
Steve H. Murdock,
Director, Bureau of the Census.
[FR Doc. E8–22725 Filed 9–26–08; 8:45 am]
BILLING CODE 3510–07–P
more effectively for current economic
analysis and recent statistical
developments in national accounting.
DATES: Friday, November 7, 2008, the
meeting will begin at 9 a.m. and adjourn
at 3:30 p.m.
ADDRESSES: The meeting will take place
at the Bureau of Economic Analysis at
1441 L St., NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Newman, Media and Outreach
Lead, Bureau of Economic Analysis,
U.S. Department of Commerce,
Washington, DC 20230; telephone
number: (202) 606–9265.
Public Participation: This meeting is
open to the public. Because of security
procedures, anyone planning to attend
the meeting must contact Jeffrey
Newman of BEA at (202) 606–9265 in
advance. The meeting is physically
accessible to people with disabilities.
Requests for foreign language
interpretation or other auxiliary aids
should be directed to Jeffrey Newman at
(202) 606–9265.
SUPPLEMENTARY INFORMATION: The
Committee was established September
2, 1999. The Committee advises the
Director of BEA on matters related to the
development and improvement of BEA’s
national, regional, industry, and
international economic accounts,
especially in areas of new and rapidly
growing economic activities arising
from innovative and advancing
technologies, and provides
recommendations from the perspectives
of the economics profession, business,
and government. This will be the
Committee’s seventeenth meeting.
Dated: September 23, 2008.
Rosemary D. Marcuss,
Deputy Director, Bureau of Economic
Analysis.
[FR Doc. E8–22872 Filed 9–26–08; 8:45 am]
BILLING CODE 3510–06–P
DEPARTMENT OF COMMERCE
Economics and Statistics
Administration
DEPARTMENT OF COMMERCE
International Trade Administration
Bureau of Economic Analysis Advisory
Committee
Bureau of Economic Analysis,
Department of Commerce.
ACTION: Notice of public meeting.
mstockstill on PROD1PC66 with NOTICES
AGENCY:
SUMMARY: Pursuant to the Federal
Advisory Committee Act (Pub. L. 92–
463 as amended by Pub. L. 94–409, Pub.
L. 96–523, Pub. L. 97–375 and Pub. L.
105–153), we are announcing a meeting
of the Bureau of Economic Analysis
Advisory Committee. The meeting will
address ways in which the national
economic accounts can be presented
VerDate Aug<31>2005
16:48 Sep 26, 2008
Jkt 214001
[A–588–046]
Polychloroprene Rubber From Japan:
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 August 4, 2008, the
Department of Commerce (the
Department) received a request from the
petitioner, DuPont Performance
AGENCY:
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
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. In its
August 4, 2008 request, DPE 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.
DATES: Effective Date: September 29,
2008.
FOR FURTHER INFORMATION CONTACT:
Summer Avery, AD/CVD Operations,
Office 6, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, D.C. 20230; telephone:
(202) 482–4052.
SUPPLEMENTARY INFORMATION:
Background
On December 6, 1973, the Department
of the Treasury published, in the
Federal Register (38 FR 33593), the AD
finding on polychloroprene rubber from
Japan.
On September 29, 2006, the
Department amended the scope of the
AD finding. Polychloroprene Rubber
from Japan: Final Changed
Circumstances Review and
Determination to Revoke Finding in
Part, 71 FR 57470 (September 29, 2006).
On August 4, 2008, DPE requested
revocation, in part, of the AD finding
with respect to aqueous dispersions of
2-chlorobutadiene-1,3 homopolymers,
where the polymer content of the
dispersion is between 55 weight percent
and 61 weight percent and the dispersed
homopolymer contains less than 10
weight percent of a tetrahydrofuraninsoluble fraction, because DPE stated
that it no longer has any interest in
antidumping relief from those imports.
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, and
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), DPE 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
(June 2005), at 4–5.
E:\FR\FM\29SEN1.SGM
29SEN1
Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
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.
The following types of
polychloroprene rubber from Japan 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 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-dichlorobutadiene1,3 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
include aqueous dispersions of
polychloroprenes that contain
comonomers other than 2,3dichlorobutadiene-1,3); and (3) solid
polychloroprenes that are dipolymers of
chloroprene and2,3-dichlorobutadiene1,3 having a 2,3-dichlorobutadiene-1,3
content of 15 percent or greater (this
category is limited to polychloroprenes
in solid form and does include aqueous
dispersions).
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 AD 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. In conducting a
changed circumstances review pursuant
to 19 CFR 351.216, 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 to which the
order (or the part of the order to be
revoked) pertains have expressed a lack
of interest in the order, in whole or in
part. See section 782(h)(2) of the Act
and 19 CFR 351.222(g). 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.
VerDate Aug<31>2005
16:48 Sep 26, 2008
Jkt 214001
In this case, the Department finds that
the information submitted by the
petitioner provides sufficient evidence
of changed circumstances to warrant a
review. 19 CFR 351.216(d). DPE is the
sole petitioner and domestic producer of
polychloroprene rubber, 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 AD finding. DPE’s
August 4, 2008 submission at page 2.
Therefore, in accordance with sections
751(b)(1) and 751(d)(1) of the Act,
and19 CFR 351.216 and 351.222(g), and
based on the information provided by
DPE, 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. 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 the
initiation and preliminary results.
Based on the expression of no interest
by the sole domestic producer, the
Department preliminarily determines
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 polychloroprene
rubber that is subject to this request.
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
polychloroprene rubber products from
Japan.
Accordingly, the Department intends
to amend the scope of the AD finding on
polychloroprene rubber from Japan to
read as follows: 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, and
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.
2 See
PO 00000
footnote 1.
Frm 00009
Fmt 4703
Sfmt 4703
56549
The following types of
polychloroprene rubber from Japan 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 S or
lower (this category is limited to
aqueous dispersions of these polymers
and does pp include aqueous
dispersions of these polychloroprenes 4
that contain comonomers other than
methacrylic acid); (2) aqueous
dispersions of polychloroprenes that are
dipolymers of chloroprene and 2,3dichlorobutadiene-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 include aqueous
dispersions of polychloroprenes that
contain comonomers other than 2,3dichlorobutadiene-1,3); and (3) solid
polychloroprenes that are dipolymers of
chloroprene and 2,3-dichlorobutadiene1,3 having a 2,3-dichlorobutadiene-1,3
content of 15 percent or greater (this
category is limited to polychloroprenes
in solid form and does ii include
aqueous dispersions).
In addition, the following type of
polychloroprene rubber is excluded
from the scope of the finding: aqueous
dispersions of 2-chlorobutadiene-1,3
homopolymers, where the polymer
content of the dispersion is between 55
weight percent and 61 weight percent
and the dispersed homopolymer
contains less than 10 weight percent of
a tetrahydrofuran-insoluble fraction.
Public Comment
Interested 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. 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 351.3 10(c).
Any hearing, if requested, will be held
44 days after the date of publication of
this notice, or the first working day
E:\FR\FM\29SEN1.SGM
29SEN1
56550
Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Notices
thereafter. Persons interested in
attending a hearing should contact the
Department for the date and time of the
hearing.
Consistent with 19 CFR 35l.216(e), 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 after the date on
which this review was initiated, or
within 45 days if all parties agree to our
preliminary finding. If final partial
revocation occurs, we will instruct U.S.
Customs and Border Protection to
terminate 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
35l.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(i) of the Act and 19 CFR 351.216,
351.221, and 351.222.
Dated: September 18, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–22458 Filed 9–26–08; 8:45 am]
BILLING CODE 3510–DS–M
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–942]
Certain Kitchen Appliance Shelving
and Racks from the People’s Republic
of China: Notice of Postponement of
Preliminary Determination in the
Countervailing Duty Investigation
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 29, 2008.
FOR FURTHER INFORMATION CONTACT:
Scott Holland or Yasmin Nair, AD/CVD
Operations, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202)
482–1279 and (202) 482–3813,
respectively.
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with NOTICES
AGENCY:
investigation of certain kitchen
appliance shelving and racks from the
People’s Republic of China. See Notice
of Initiation of Countervailing Duty
Investigation: Certain Kitchen
Appliance Shelving and Racks from the
People’s Republic of China, 73 FR 50304
(August 26, 2008). Currently, the
preliminary determination is due no
later than October 24, 2008.
Postponement of Due Date for
Preliminary Determination
On September 17, 2008, the
Department received a request from
Nashville Wire Products Inc., SSW
Holding Company, Inc., United Steel,
Paper and Forestry, Rubber,
Manufacturing, Energy, Allied–
Industrial and Service Workers
International Union, and the
International Association of Machinists
and Aerospace Workers, District Lodge
6 (Clinton, IA) (collectively, ‘‘the
petitioners’’) to postpone the
preliminary determination of the
countervailing duty investigation of
certain kitchen appliance shelving and
racks from the PRC. Under section
703(c)(1)(A) of the Tariff Act of 1930, as
amended (the Act), the Department may
extend the period for reaching a
preliminary determination in a
countervailing duty investigation until
no later than the 130th day after the date
on which the administering authority
initiates an investigation if the
petitioner makes a timely request for an
extension of the period within which
the determination must be made under
section 703(b) of the Act. In accordance
with section 351.205(e) of the
Department’s regulations, the
petitioners’ request for postponement of
the preliminary determination was
made 25 days or more before the
scheduled date of the preliminary
determination. Accordingly, we are
extending the due date for the
preliminary determination by 59 days to
no later than December 22, 2008.
This notice is issued and published
pursuant to section 703(c)(2) of the Act.
Dated: September 22, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–22886 Filed 9–26–08; 8:45 am]
BILLING CODE 3510–DS–S
Background
On August 20, 2008, the Department
of Commerce (‘‘the Department’’)
initiated the countervailing duty
VerDate Aug<31>2005
17:35 Sep 26, 2008
Jkt 214001
PO 00000
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic from the People’s
Republic of China: Final Results and
Rescission, In Part, of Twelfth New
Shipper Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 29, 2008.
SUMMARY: On May 1, 2008, the
Department of Commerce (the
‘‘Department’’) published the
preliminary results of these new shipper
reviews, covering the period November
1, 2006, through April 30, 2007.1 See
Fresh Garlic from the People’s Republic
of China: Preliminary Results of the
12th New Shipper Reviews, 73 FR 24042
(May 1, 2008) (‘‘Preliminary Results’’).
Based on our analysis of the comments
received, we have made certain changes
to our calculations. The final dumping
margins for these reviews are listed in
the ‘‘Final Results of the Reviews’’
section below. Finally, after
reexamining the bona fides of Shandong
Chenhe International Trading Co., Ltd.’s
(‘‘Chenhe’’) single sale, the Department
finds that that sale is not a bona fide
transaction; therefore, for these final
results, the Department has rescinded
the review with respect to Chenhe.
FOR FURTHER INFORMATION CONTACT: Paul
Walker and Blaine Wiltse, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–0413 or (202) 482–
6345, respectively.
AGENCY:
Case History
Background
The Department conducted a
verification of Chenhe from May 12–14,
2008. The Department conducted a
verification of Jining Yongjia Trade Co.,
Ltd. (‘‘Yongjia’’) and its supplier
Jinxiang County Shanfu Frozen Co. Ltd.
(‘‘Shanfu’’) from May 15–18, 2008.
On July 7, 2008, we extended the time
limit for the completion of the final
results of these reviews. See Fresh
Garlic from the People’s Republic of
China: Notice of Extension of Time
Limits for the Final Results of the
Twelfth New Shipper Reviews, 73 FR
38396 (July 7, 2008).
1 We extended the end of the period of review
(‘‘POR’’) from April 30, 2007 to May 17, 2007, to
capture entries for two respondents. See the
‘‘Expansion of the POR’’ section in the Preliminary
Results.
Frm 00010
Fmt 4703
Sfmt 4703
E:\FR\FM\29SEN1.SGM
29SEN1
Agencies
[Federal Register Volume 73, Number 189 (Monday, September 29, 2008)]
[Notices]
[Pages 56548-56550]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22458]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-046]
Polychloroprene Rubber From Japan: 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 August 4, 2008, the Department of Commerce (the Department)
received a request from 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. In its August 4, 2008
request, DPE 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\ 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), DPE 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 (June 2005), at 4-5.
---------------------------------------------------------------------------
DATES: Effective Date: September 29, 2008.
FOR FURTHER INFORMATION CONTACT: Summer Avery, AD/CVD Operations,
Office 6, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, D.C. 20230; telephone: (202) 482-4052.
SUPPLEMENTARY INFORMATION:
Background
On December 6, 1973, the Department of the Treasury published, in
the Federal Register (38 FR 33593), the AD finding on polychloroprene
rubber from Japan.
On September 29, 2006, the Department amended the scope of the AD
finding. Polychloroprene Rubber from Japan: Final Changed Circumstances
Review and Determination to Revoke Finding in Part, 71 FR 57470
(September 29, 2006). On August 4, 2008, DPE requested revocation, in
part, of the AD finding with respect to aqueous dispersions of 2-
chlorobutadiene-1,3 homopolymers, where the polymer content of the
dispersion is between 55 weight percent and 61 weight percent and the
dispersed homopolymer contains less than 10 weight percent of a
tetrahydrofuran-insoluble fraction, because DPE stated that it no
longer has any interest in antidumping relief from those imports.
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, and
[[Page 56549]]
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.
The following types of polychloroprene rubber from Japan 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 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
include aqueous dispersions of polychloroprenes that contain comonomers
other than 2,3-dichlorobutadiene-1,3); and (3) solid polychloroprenes
that are dipolymers of chloroprene and2,3-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 include
aqueous dispersions).
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 AD
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. In
conducting a changed circumstances review pursuant to 19 CFR 351.216,
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 to which the order (or the part
of the order to be revoked) pertains have expressed a lack of interest
in the order, in whole or in part. See section 782(h)(2) of the Act and
19 CFR 351.222(g). 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 the petitioner provides sufficient evidence of changed circumstances
to warrant a review. 19 CFR 351.216(d). DPE is the sole petitioner and
domestic producer of polychloroprene rubber, 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 AD
finding. DPE's August 4, 2008 submission at page 2. Therefore, in
accordance with sections 751(b)(1) and 751(d)(1) of the Act, and19 CFR
351.216 and 351.222(g), and based on the information provided by DPE,
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.
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 the initiation and preliminary results.
---------------------------------------------------------------------------
\2\ See footnote 1.
---------------------------------------------------------------------------
Based on the expression of no interest by the sole domestic
producer, the Department preliminarily determines 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 polychloroprene rubber that is subject to this request.
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 polychloroprene rubber products from Japan.
Accordingly, the Department intends to amend the scope of the AD
finding on polychloroprene rubber from Japan to read as follows:
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, and 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.
The following types of polychloroprene rubber from Japan 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 S or lower (this category is
limited to aqueous dispersions of these polymers and does pp include
aqueous dispersions of these polychloroprenes 4 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
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 ii
include aqueous dispersions).
In addition, the following type of polychloroprene rubber is
excluded from the scope of the finding: aqueous dispersions of 2-
chlorobutadiene-1,3 homopolymers, where the polymer content of the
dispersion is between 55 weight percent and 61 weight percent and the
dispersed homopolymer contains less than 10 weight percent of a
tetrahydrofuran-insoluble fraction.
Public Comment
Interested 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. 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 351.3 10(c). Any hearing, if
requested, will be held 44 days after the date of publication of this
notice, or the first working day
[[Page 56550]]
thereafter. Persons interested in attending a hearing should contact
the Department for the date and time of the hearing.
Consistent with 19 CFR 35l.216(e), 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 after the date on which this review was initiated,
or within 45 days if all parties agree to our preliminary finding. If
final partial revocation occurs, we will instruct U.S. Customs and
Border Protection to terminate 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 35l.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(i) of the Act and 19 CFR 351.216, 351.221, and 351.222.
Dated: September 18, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-22458 Filed 9-26-08; 8:45 am]
BILLING CODE 3510-DS-M