Polychloroprene Rubber from Japan: Final Results of Changed Circumstances Review and Determination to Revoke Antidumping Duty Finding in Part, 64914-64916 [E8-26032]
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64914
Federal Register / Vol. 73, No. 212 / Friday, October 31, 2008 / Notices
the Act, the Department may treat a
sunset review as extraordinarily
complicated if there are a large number
of issues, as is the case in this
proceeding. In particular, Petitioners
filed comments raising various issues,
some of which are complex and require
additional time for analysis. Therefore,
the Department has determined,
pursuant to section 751(c)(5)(C)(i) of the
Act, that the first sunset review of
frozen fish fillets from Vietnam is
extraordinarily complicated, as the
Department must consider numerous
arguments presented in Petitioners’ July
31, 2008, substantive response. Based
on the timing of the case, the final
results of this expedited sunset review
cannot be completed within the
statutory time limit of 120 days.
Accordingly, the Department is
extending the time limit for the
completion of the final results by 40
days, from October 29, 2008, to no later
than December 8, 2008, in accordance
with section 751(c)(5)(B) of the Act.
This notice is published pursuant to
sections 751(c)(5)(B) and 777(i)(1) of the
Act.
Dated: October 20, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–25728 Filed 10–30–08; 8:45 am]
BILLING CODE 3510–DS–M
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–046]
Polychloroprene Rubber from Japan:
Final Results of Changed
Circumstances Review and
Determination to Revoke Antidumping
Duty Finding in Part
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 11, 2008, the
Department of Commerce (the
Department) published a notice of
initiation and preliminary results of a
changed circumstances review with
intent to revoke, in part, the
antidumping duty (AD) finding on
polychloroprene rubber from Japan. See
Polychloroprene Rubber From Japan:
Notice of Initiation and Preliminary
Results of Changed Circumstances
Review, and Intent To Revoke
Antidumping Duty Finding in Part, 73
FR 12954 (March 11, 2008) (Initiation
and Preliminary Results). We are now
revoking this AD finding, in part, with
regard to certain polychloroprene rubber
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AGENCY:
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products from Japan, as described in the
‘‘Scope of Changed Circumstances
Review’’ section of this notice, based on
the fact that domestic parties have
expressed no further interest in the
relief provided by the AD finding with
respect to the imports of such products.
EFFECTIVE DATE: October 31, 2008.
FOR FURTHER INFORMATION CONTACT:
Scott Lindsay or Summer Avery, AD/
CVD Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, N.W., Washington DC 20230;
telephone (202) 482–0780 or (202) 482–
4052, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 23, 2008, the Department
received a request on behalf of the
petitioner, DuPont Performance
Elastomers L.L.C. (DPE),1 for revocation
in part of the AD finding on
polychloroprene rubber from Japan
pursuant to sections 751(b)(1) and
782(h) of the Tariff Act of 1930, as
amended (the Act). DPE requested
partial revocation of the AD finding
with respect to certain polychloroprene
rubber products, listed below in the
section entitled ‘‘Scope of Changed
Circumstances Review.’’ In its January
23, 2008, submission, DPE stated that it
no longer has any interest in
antidumping relief from imports of such
polychloroprene rubber from Japan. On
March 11, 2008, the Department
published a notice of initiation and
preliminary results of a changed
circumstances review with intent to
revoke, in part, the AD finding on
polychloroprene rubber from Japan. See
Initiation and Preliminary Results. The
Department provided interested parties
with a deadline to submit written
comments no later than 30 days after the
date of publication of the Initiation and
Preliminary Results. Id. The Department
received timely comments on the
Department’s preliminary results from
The Adhesive and Sealant Council, Inc.
(ASC), Clifton Adhesive, Inc. (Clifton),
Royal Adhesives & Sealants, LLC (RAS),
Showa Denko America, Inc. (Showa
Denko), The W.W. Henry Company
(W.W. Henry), and DPE. The comments
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 Duty 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. AA1921-129 (Second Review), U.S. ITC Pub. 3786
(June 2005), at 4-5.
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by these parties are discussed below in
the section entitled ‘‘Summary of
Comments Received.’’
Scope of Changed Circumstances
Review
The merchandise subject to DPE’s
request and covered by this changed
circumstances review is
polychloroprene rubber from Japan with
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). This changed
circumstances review covers
polychloroprene rubber from Japan
meeting the specifications as described
above. Effective upon publication of
these final results of changed
circumstances review in the Federal
Register, the amended scope of the AD
finding will read as identified in the
‘‘Scope of the Finding (As Amended By
These Final Results of Changed
Circumstances)’’ section of this notice.
Summary of Comments Received
After the Department issued its
Initiation and Preliminary Results, we
received timely comments from several
parties. On April 3, 2008, we received
comments from Clifton, a domestic
industrial user of polychloroprene
rubber, and on April 8, 2008, we
received comments from ASC, an
international trade association
representing 125 manufacturers of
adhesives and sealants. Both Clifton and
ASC argued that the proposed scope
amendment by the changed
circumstances review would not
provide any relief to the affected U.S.
industries because their Japanese
supplier provides polychloroprene
rubber that contains dipolymers of
chloroprene and methacrylic acid
having methacrylic acid comonomer at
less than 1.0 percent. Clifton and ASC
contended that imports of this product
would still be within the proposed
amended scope of the AD finding.
Therefore, they proposed that the
excluded subject merchandise include
‘‘dipolymers of chloroprene and
methacrylic acid having methacrylic
acid comonomer content of less than 5.0
percent.’’
On April 9, 2008, the Department
received comments from Showa Denko,
a Japanese producer and U.S. importer
of polychloroprene rubber. Showa
Denko indicated that DPE had requested
this changed circumstances review
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because DPE has ceased domestic
production of its product, Neoprene
AFTM, which falls within the category of
products for which DPE has requested
revocation. Showa Denko also pointed
out that its product that competed with
Neoprene AFTM has a methacrylic acid
comonomer content of less than 1.0
percent. Therefore, Showa Denko
argued, in order to make possible
antidumping duty–free imports from
Japan of a product that is competitive
with DPE’s former product, the
revocation needs to include dipolymers
of chloroprene and methacrylic acid
having methacrylic acid comonomer
content of less than 1.0 percent. As
such, Showa Denko recommended the
range for methacrylic acid comonomer
content be changed to read ‘‘0.1 percent
to 5.0 percent.’’
The Department also received
comments from RAS, a domestic
manufacturer of, inter alia, adhesives
and sealants, and W.W. Henry, a
domestic manufacturer of flooring
adhesives and installation products. The
comments submitted by RAS and W.W.
Henry were timely received and
subsequently placed on the record by
the Department on August 20, 2008. See
Memorandum to File, ‘‘Polychloroprene
Rubber from Japan: Changed
Circumstances Review: Comments from
Royal Adhesives and Sealants and The
W.W. Henry Company,’’ dated August
20, 2008. In their comments, both
parties stated their understanding that a
true replacement for the products to be
removed from the scope of the AD
finding (i.e. 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) actually
contains 0.2–0.3 percent methacrylic
acid comonomer content and thus
requested that the scope of formulation
definition be modified accordingly in
the final AD finding.
On April 14, 2008, and again on
August 25, 2008, DPE responded to the
above comments. DPE partially agreed
that, in general, the scope language
needed to be expanded from its January
23, 2008 request to allow certain
Japanese products to be excluded from
the AD finding. However, DPE disagreed
with the comments from ASC, Clifton,
and Showa Denko that the lower limit
be set below 0.2 percent. Rather, DPE
agreed with the comments from RAS
and W.W. Henry that the range for
methacrylic acid comonomer content
should be amended to read ‘‘0.2 percent
to 5.0 percent,’’ rather than ‘‘1.0 percent
to 5.0 percent,’’ as stated in the
Initiation and Preliminary Results.
According to DPE, this change will have
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the desired effect of excluding the
specified Japanese products from the
scope of the AD finding, while still
providing the antidumping relief
necessary to the continued health and
well–being of the domestic industry.
Analysis of Comments Received
The commenting parties are in
agreement with DPE’s original request to
amend the scope language to exclude
certain polychloroprene rubber from the
AD finding. The comments received
only address the issue of the specific
language to be used in making this
exclusion. Clifton and ASC recommend
that the range for methacrylic acid
comonomer content be changed to read
‘‘less than 5.0 percent,’’ rather than ‘‘1.0
percent to 5.0 percent.’’ Showa Denko
recommends that the range be ‘‘0.1
percent to 5.0 percent.’’ RAS, W.W.
Henry, and DPE all recommend that the
range be ‘‘0.2 percent to 5.0 percent.’’
In initiating this review, the
Department found that, as the sole
domestic producer accounting for
substantially all of the production of the
domestic like product, DPE’s expression
of no interest in the continued
application of the AD finding on certain
polychloroprene rubber was sufficient
to both initiate and preliminarily
revoke, in part, the AD finding as it
relates to imports of certain
polychloroprene rubber products from
Japan. See Initiation and Preliminary
Results. DPE, as the sole domestic
producer, is the only party in this
proceeding in a position to determine
the products for which it no longer has
any interest in being provided
antidumping relief. Therefore, the
Department finds that it will make
DPE’s recommended changes to the
exclusion language found in the
Initiation and Preliminary Results.
Changes Since the Preliminary Results
Based on our analysis of the
comments received, we have made a
change in these final results from our
Initiation and Preliminary Results. We
are incorporating DPE’s requested
amendment to the scope language
regarding the subject merchandise
excluded from this AD finding.
Specifically, for these final results, the
methacrylic acid comonomer content
range will be expanded from ‘‘1.0
percent to 5.0 percent’’ to ‘‘0.2 percent
to 5.0 percent.’’
Scope of the Finding (As Amended By
These Final Results of Changed
Circumstances)
The merchandise covered are
shipments of polychloroprene rubber,
an oil resistant synthetic rubber also
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Fmt 4703
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64915
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).
Although 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: (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).
In addition, the following type of
polychloroprene rubber is excluded
from the scope: solid polychloroprenes
that are dipolymers of chloroprene and
methacrylic acid having methacrylic
acid comonomer content in the 0.2
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).
Final Results of Review: Partial
Revocation of Antidumping Duty
Finding
The affirmative statement of no
interest by the petitioner concerning
certain polychloroprene rubber from
Japan, as described herein, constitutes
changed circumstances sufficient to
warrant revocation of this AD finding in
part. The Department has considered
the comments found above in making its
determination. Therefore, the
Department is partially revoking the AD
finding with respect to certain
polychloroprene rubber from Japan with
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Federal Register / Vol. 73, No. 212 / Friday, October 31, 2008 / Notices
regard to products which meet the
specifications detailed above, in
accordance with sections 751(b) and (d)
and 782(h) of the Act and 19 CFR
351.216(d) and 351.222(g). We will
instruct the U.S. Customs and Border
Protection to liquidate without regard to
antidumping duties, as applicable, and
to refund any estimated antidumping
duties collected for all unliquidated
entries of certain polychloroprene
rubber, meeting the specifications
indicated above, as of the date of
publication in the Federal Register of
the final results of this changed
circumstances review in accordance
with 19 CFR 351.222(g)(4).
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.306. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply is a violation of the
APO which may be subject to sanctions.
The Department is issuing this
changed circumstances review, partial
revocation of the AD finding and notice
in accordance with sections 751(b) and
(d), 777(i), and 782(h) of the Act and 19
CFR 351.216(e) and 351.222(g).
Dated: October 24, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E8–26032 Filed 10–30–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–890]
Wooden Bedroom Furniture from the
People’s Republic of China: Final
Results of Fourth New Shipper
Reviews
Background
Since the Preliminary Results, the
following events have occurred. On June
17, 2008, Donguan Mu Si Furniture Co.,
Ltd. (‘‘Mu Si’’) submitted documents to
the Department claiming that due to a
computational error it had misreported
the consumption factor for medium
density fiberboard (‘‘MDF’’) used to
produce cherry veneer nightstands.
On July 7, 2008, we extended the time
limit for the completion of the final
results of these NSRs until no later than
October 24, 2008. See Wooden Bedroom
Furniture from the People’s Republic of
China: Notice of Extension of Time
Limit for Final Results of New Shipper
Reviews; 73 FR 50933 (August 29, 2008).
On July 7, 2008, we received case
briefs from Mu Si and the American
Furniture Manufacturers Committee for
Legal Trade and Vaughan–Bassett
Furniture Company Inc. (collectively
‘‘Petitioners’’). On July 17, 2008, we
received a timely rebuttal brief from
Donguan Bon Ten Furniture Co., Ltd.
(‘‘Bon Ten’’) and Mu Si.
Analysis of Comments Received
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: October 31, 2008.
SUMMARY: On June 6, 2008, the
Department of Commerce (the
‘‘Department’’) published the
preliminary results of these new shipper
reviews (‘‘NSRs’’) covering the period
January 1, 2007 through July 31, 2007.1
All issues raised in the case briefs and
rebuttal briefs by parties to these
reviews are addressed in the ‘‘Issues and
Decision Memorandum for the Final
Results of Antidumping Duty
Administrative Review and New
Shipper Reviews of Wooden Bedroom
Furniture from the People’s Republic of
China,’’ dated October 24, 2008, which
is hereby adopted by this notice (‘‘Issues
and Decision Memo’’). A list of the
issues discussed in the Issues and
Decision Memo is attached to this notice
as an appendix. The Issues and Decision
1 In the initiation notice of the NSRs the
Department explained that it was expanding the
period of review (‘‘POR’’), pursuant to 19 CFR
351.214 (f)(2)(ii), because the sale of the subject
merchandise occurred within the POR, but the
entry occurred after the normal POR. See Wooden
Bedroom Furniture From the People’s Republic of
China: Initiation of New Shipper Reviews, 72 FR
52083 (September 12, 2007). As a result, the POR
for these NSRs is January 1 through July 31, 2007.
AGENCY:
ebenthall on PROD1PC60 with NOTICES
See Wooden Bedroom Furniture from
the People’s Republic of China:
Preliminary Results of January 1, 2007
July 31, 2007 Semi–Annual New
Shipper Reviews; 73 FR 32292 (June 6,
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.
FOR FURTHER INFORMATION CONTACT: Paul
Stolz, AD/CVD Operations, Office 8,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–4474.
SUPPLEMENTARY INFORMATION:
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15:31 Oct 30, 2008
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Memo is a public document and is on
file in the Central Records Unit
(‘‘CRU’’), Main Commerce Building,
Room 1117, and is accessible on the
Web at https://ia.ita.doc.gov/frn. The
paper copy and electronic version of the
memorandum are identical in content.
Scope of the Order
The product covered by the order is
wooden bedroom furniture. Wooden
bedroom furniture is generally, but not
exclusively, designed, manufactured,
and offered for sale in coordinated
groups, or bedrooms, in which all of the
individual pieces are of approximately
the same style and approximately the
same material and/or finish. The subject
merchandise is made substantially of
wood products, including both solid
wood and also engineered wood
products made from wood particles,
fibers, or other wooden materials such
as plywood, oriented strand board,
particle board, and fiberboard, with or
without wood veneers, wood overlays,
or laminates, with or without non–wood
components or trim such as metal,
marble, leather, glass, plastic, or other
resins, and whether or not assembled,
completed, or finished.
The subject merchandise includes the
following items: (1) wooden beds such
as loft beds, bunk beds, and other beds;
(2) wooden headboards for beds
(whether stand–alone or attached to side
rails), wooden footboards for beds,
wooden side rails for beds, and wooden
canopies for beds; (3) night tables, night
stands, dressers, commodes, bureaus,
mule chests, gentlemen’s chests,
bachelor’s chests, lingerie chests,
wardrobes, vanities, chessers,
chifforobes, and wardrobe–type
cabinets; (4) dressers with framed glass
mirrors that are attached to,
incorporated in, sit on, or hang over the
dresser; (5) chests–on-chests,2
highboys,3 lowboys,4 chests of drawers,5
2 A chest-on-chest is typically a tall chest-ofdrawers in two or more sections (or appearing to be
in two or more sections), with one or two sections
mounted (or appearing to be mounted) on a slightly
larger chest; also known as a tallboy.
3 A highboy is typically a tall chest of drawers
usually composed of a base and a top section with
drawers, and supported on four legs or a small chest
(often 15 inches or more in height).
4 A lowboy is typically a short chest of drawers,
not more than four feet high, normally set on short
legs.
5 A chest of drawers is typically a case containing
drawers for storing clothing.
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]]>Agencies
[Federal Register Volume 73, Number 212 (Friday, October 31, 2008)]
[Notices]
[Pages 64914-64916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26032]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-046]
Polychloroprene Rubber from Japan: Final Results of Changed
Circumstances Review and Determination to Revoke Antidumping Duty
Finding in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 11, 2008, the Department of Commerce (the Department)
published a notice of initiation and preliminary results of a changed
circumstances review with intent to revoke, in part, the antidumping
duty (AD) finding on polychloroprene rubber from Japan. See
Polychloroprene Rubber From Japan: Notice of Initiation and Preliminary
Results of Changed Circumstances Review, and Intent To Revoke
Antidumping Duty Finding in Part, 73 FR 12954 (March 11, 2008)
(Initiation and Preliminary Results). We are now revoking this AD
finding, in part, with regard to certain polychloroprene rubber
products from Japan, as described in the ``Scope of Changed
Circumstances Review'' section of this notice, based on the fact that
domestic parties have expressed no further interest in the relief
provided by the AD finding with respect to the imports of such
products.
EFFECTIVE DATE: October 31, 2008.
FOR FURTHER INFORMATION CONTACT: Scott Lindsay or Summer Avery, AD/CVD
Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, N.W., Washington DC 20230; telephone (202) 482-
0780 or (202) 482-4052, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 23, 2008, the Department received a request on behalf of
the petitioner, DuPont Performance Elastomers L.L.C. (DPE),\1\ for
revocation in part of the AD finding on polychloroprene rubber from
Japan pursuant to sections 751(b)(1) and 782(h) of the Tariff Act of
1930, as amended (the Act). DPE requested partial revocation of the AD
finding with respect to certain polychloroprene rubber products, listed
below in the section entitled ``Scope of Changed Circumstances
Review.'' In its January 23, 2008, submission, DPE stated that it no
longer has any interest in antidumping relief from imports of such
polychloroprene rubber from Japan. On March 11, 2008, the Department
published a notice of initiation and preliminary results of a changed
circumstances review with intent to revoke, in part, the AD finding on
polychloroprene rubber from Japan. See Initiation and Preliminary
Results. The Department provided interested parties with a deadline to
submit written comments no later than 30 days after the date of
publication of the Initiation and Preliminary Results. Id. The
Department received timely comments on the Department's preliminary
results from The Adhesive and Sealant Council, Inc. (ASC), Clifton
Adhesive, Inc. (Clifton), Royal Adhesives & Sealants, LLC (RAS), Showa
Denko America, Inc. (Showa Denko), The W.W. Henry Company (W.W. Henry),
and DPE. The comments by these parties are discussed below in the
section entitled ``Summary of Comments Received.''
---------------------------------------------------------------------------
\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 Duty 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.
---------------------------------------------------------------------------
Scope of Changed Circumstances Review
The merchandise subject to DPE's request and covered by this
changed circumstances review is polychloroprene rubber from Japan with
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). This changed
circumstances review covers polychloroprene rubber from Japan meeting
the specifications as described above. Effective upon publication of
these final results of changed circumstances review in the Federal
Register, the amended scope of the AD finding will read as identified
in the ``Scope of the Finding (As Amended By These Final Results of
Changed Circumstances)'' section of this notice.
Summary of Comments Received
After the Department issued its Initiation and Preliminary Results,
we received timely comments from several parties. On April 3, 2008, we
received comments from Clifton, a domestic industrial user of
polychloroprene rubber, and on April 8, 2008, we received comments from
ASC, an international trade association representing 125 manufacturers
of adhesives and sealants. Both Clifton and ASC argued that the
proposed scope amendment by the changed circumstances review would not
provide any relief to the affected U.S. industries because their
Japanese supplier provides polychloroprene rubber that contains
dipolymers of chloroprene and methacrylic acid having methacrylic acid
comonomer at less than 1.0 percent. Clifton and ASC contended that
imports of this product would still be within the proposed amended
scope of the AD finding. Therefore, they proposed that the excluded
subject merchandise include ``dipolymers of chloroprene and methacrylic
acid having methacrylic acid comonomer content of less than 5.0
percent.''
On April 9, 2008, the Department received comments from Showa
Denko, a Japanese producer and U.S. importer of polychloroprene rubber.
Showa Denko indicated that DPE had requested this changed circumstances
review
[[Page 64915]]
because DPE has ceased domestic production of its product, Neoprene
AF\TM\, which falls within the category of products for which DPE has
requested revocation. Showa Denko also pointed out that its product
that competed with Neoprene AF\TM\ has a methacrylic acid comonomer
content of less than 1.0 percent. Therefore, Showa Denko argued, in
order to make possible antidumping duty-free imports from Japan of a
product that is competitive with DPE's former product, the revocation
needs to include dipolymers of chloroprene and methacrylic acid having
methacrylic acid comonomer content of less than 1.0 percent. As such,
Showa Denko recommended the range for methacrylic acid comonomer
content be changed to read ``0.1 percent to 5.0 percent.''
The Department also received comments from RAS, a domestic
manufacturer of, inter alia, adhesives and sealants, and W.W. Henry, a
domestic manufacturer of flooring adhesives and installation products.
The comments submitted by RAS and W.W. Henry were timely received and
subsequently placed on the record by the Department on August 20, 2008.
See Memorandum to File, ``Polychloroprene Rubber from Japan: Changed
Circumstances Review: Comments from Royal Adhesives and Sealants and
The W.W. Henry Company,'' dated August 20, 2008. In their comments,
both parties stated their understanding that a true replacement for the
products to be removed from the scope of the AD finding (i.e. 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) actually contains 0.2-0.3 percent methacrylic acid
comonomer content and thus requested that the scope of formulation
definition be modified accordingly in the final AD finding.
On April 14, 2008, and again on August 25, 2008, DPE responded to
the above comments. DPE partially agreed that, in general, the scope
language needed to be expanded from its January 23, 2008 request to
allow certain Japanese products to be excluded from the AD finding.
However, DPE disagreed with the comments from ASC, Clifton, and Showa
Denko that the lower limit be set below 0.2 percent. Rather, DPE agreed
with the comments from RAS and W.W. Henry that the range for
methacrylic acid comonomer content should be amended to read ``0.2
percent to 5.0 percent,'' rather than ``1.0 percent to 5.0 percent,''
as stated in the Initiation and Preliminary Results. According to DPE,
this change will have the desired effect of excluding the specified
Japanese products from the scope of the AD finding, while still
providing the antidumping relief necessary to the continued health and
well-being of the domestic industry.
Analysis of Comments Received
The commenting parties are in agreement with DPE's original request
to amend the scope language to exclude certain polychloroprene rubber
from the AD finding. The comments received only address the issue of
the specific language to be used in making this exclusion. Clifton and
ASC recommend that the range for methacrylic acid comonomer content be
changed to read ``less than 5.0 percent,'' rather than ``1.0 percent to
5.0 percent.'' Showa Denko recommends that the range be ``0.1 percent
to 5.0 percent.'' RAS, W.W. Henry, and DPE all recommend that the range
be ``0.2 percent to 5.0 percent.''
In initiating this review, the Department found that, as the sole
domestic producer accounting for substantially all of the production of
the domestic like product, DPE's expression of no interest in the
continued application of the AD finding on certain polychloroprene
rubber was sufficient to both initiate and preliminarily revoke, in
part, the AD finding as it relates to imports of certain
polychloroprene rubber products from Japan. See Initiation and
Preliminary Results. DPE, as the sole domestic producer, is the only
party in this proceeding in a position to determine the products for
which it no longer has any interest in being provided antidumping
relief. Therefore, the Department finds that it will make DPE's
recommended changes to the exclusion language found in the Initiation
and Preliminary Results.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made a
change in these final results from our Initiation and Preliminary
Results. We are incorporating DPE's requested amendment to the scope
language regarding the subject merchandise excluded from this AD
finding. Specifically, for these final results, the methacrylic acid
comonomer content range will be expanded from ``1.0 percent to 5.0
percent'' to ``0.2 percent to 5.0 percent.''
Scope of the Finding (As Amended By These Final Results of Changed
Circumstances)
The merchandise covered 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). Although 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: (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).
In addition, the following type of polychloroprene rubber is
excluded from the scope: solid polychloroprenes that are dipolymers of
chloroprene and methacrylic acid having methacrylic acid comonomer
content in the 0.2 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).
Final Results of Review: Partial Revocation of Antidumping Duty Finding
The affirmative statement of no interest by the petitioner
concerning certain polychloroprene rubber from Japan, as described
herein, constitutes changed circumstances sufficient to warrant
revocation of this AD finding in part. The Department has considered
the comments found above in making its determination. Therefore, the
Department is partially revoking the AD finding with respect to certain
polychloroprene rubber from Japan with
[[Page 64916]]
regard to products which meet the specifications detailed above, in
accordance with sections 751(b) and (d) and 782(h) of the Act and 19
CFR 351.216(d) and 351.222(g). We will instruct the U.S. Customs and
Border Protection to liquidate without regard to antidumping duties, as
applicable, and to refund any estimated antidumping duties collected
for all unliquidated entries of certain polychloroprene rubber, meeting
the specifications indicated above, as of the date of publication in
the Federal Register of the final results of this changed circumstances
review in accordance with 19 CFR 351.222(g)(4).
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.306. Timely written notification of
the return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply is a violation
of the APO which may be subject to sanctions.
The Department is issuing this changed circumstances review,
partial revocation of the AD finding and notice in accordance with
sections 751(b) and (d), 777(i), and 782(h) of the Act and 19 CFR
351.216(e) and 351.222(g).
Dated: October 24, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-26032 Filed 10-30-08; 8:45 am]
BILLING CODE 3510-DS-S
