Polychloroprene Rubber From Japan: Final Results of Changed Circumstances Review and Determination To Revoke Antidumping Duty Finding, in Part, 77007-77008 [E8-30113]

Download as PDF Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Notices protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 11, 2008. Ronald K. Lorentzen, Deputy Assistant Secretary for Antidumping and Countervailing Duty Policy and Negotiations. Appendix Issues and Decision Memorandum Comment 1: Level of Trade Comment 2: Offsetting for U.S. Sales that Exceed Normal Value [FR Doc. E8–30090 Filed 12–17–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–588–046) mstockstill on PROD1PC66 with NOTICES 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 September 29, 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: Initiation and Preliminary Results of Changed Circumstances Review, and Intent to Revoke Antidumping Duty Finding, in Part, 73 FR 56548 (September 29, 2008) (Initiation and Preliminary Results). On October 27, 2008, the Federal Register corrected certain errors it made in publishing the Initiation and Preliminary Results. See Polychloroprene Rubber From Japan: Initiation and Preliminary Results of Changed Circumstances Review, and Intent to Revoke Antidumping Duty VerDate Aug<31>2005 17:51 Dec 17, 2008 Jkt 217001 Finding, in Part, 73 FR 63687 (October 27, 2008) (Initiation Correction). In the Initiation and Preliminary Results and Initiation Correction, the Department invited interested parties to comment on the Initiation and Preliminary Results and no comments were received. Accordingly, 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: December 18, 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, N.W., Washington DC 20230; telephone: (202) 482–4052. SUPPLEMENTARY INFORMATION: Background On August 4, 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 August 4, 2008 submission, DPE stated that it no longer has any interest in antidumping relief from imports of such polychloroprene rubber from Japan. On September 29, 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. In preparing the notice for publication, the Federal Register made a number of substantive errors during its technical preparation of the Initiation 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 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. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 77007 Preliminary Results for publication. On October 27, 2008, the Federal Register published corrections of these errors. See Initiation Correction. The Department provided interested parties with a deadline to submit written comments no later than 30 days after the date of the Initiation Correction. The Department did not receive any comments from interested parties. 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 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. 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 below. 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 E:\FR\FM\18DEN1.SGM 18DEN1 77008 Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Notices 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 types of polychloroprene rubber are excluded from the scope: 1) 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),2 and 2) 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. mstockstill on PROD1PC66 with NOTICES 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 the AD finding in part. Therefore, the Department is revoking, in part, the AD finding on polychloroprene rubber from Japan with 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 U.S. Customs and Border Protection to terminate the suspension of liquidation of entries of certain polychloroprene rubber, meeting the specifications indicated above, entered, or withdrawn from warehouse, for consumption on or after the date of publication in the Federal Register of the final results of this changed circumstances review, in accordance with 19 CFR 351.222. Entries of subject 2 See Polychloroprene Rubber from Japan: Final Results of Changed Circumstances Review and Determination to Revoke Antidumping Duty Finding in Part, 73 FR 64914 (October 31, 2008). VerDate Aug<31>2005 19:13 Dec 17, 2008 Jkt 217001 merchandise prior to the effective date of revocation will continue to be subject to suspension of liquidation and antidumping duty deposit requirements. 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 this 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: December 11, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E8–30113 Filed 12–17–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Highly Migratory Species Tournament Registration and Reporting AGENCY: National Oceanic and Atmospheric Administration (NOAA). ACTION: Notice. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and the respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before February 17, 2009. Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 7845, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should ADDRESSES: PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 be directed to Randy Blankinship, (727) 824–5399 or Randy.Blankinship@noaa.gov. SUPPLEMENTARY INFORMATION: I. Abstract Under the authorization of the Magnuson-Stevens Fishery Management and Conservation Act, National Marine Fisheries Service (NMFS) would like to renew its requirement that operators of fishing tournaments involving Highly Migratory Species (HMS), specifically Atlantic tunas, swordfish, billfish, and sharks, provide advance identification of the tournament date(s), location, operator, and target species. Also, after the tournament, provide information on the HMS that are caught, whether they were kept or released, the length and weight of the fish, and other information. Most of the data required for post-tournament reporting are already collected in the course of routine tournament operations. The data collected are needed by NMFS to estimate the total annual catch of these species and to evaluate the impact of tournament fishing in relation to other types of fishing. II. Method of Collection Completed paper forms are returned to NMFS, at an address or FAX number designated by NMFS on the forms. III. Data OMB Control Number: 0648–0323. Form Number: None. Type of Review: Regular submission. Affected Public: Business or other forprofit organizations; not-for-profit institutions. Estimated Number of Respondents: 300. Estimated Time per Response: 2 minutes for a registration form; and 20 minutes for a tournament summary report. Estimated Total Annual Burden Hours: 83. Estimated Total Annual Cost to Public: $161.20 in recordkeeping/ reporting costs. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information E:\FR\FM\18DEN1.SGM 18DEN1

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[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Notices]
[Pages 77007-77008]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30113]


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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 September 29, 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: Initiation and Preliminary Results 
of Changed Circumstances Review, and Intent to Revoke Antidumping Duty 
Finding, in Part, 73 FR 56548 (September 29, 2008) (Initiation and 
Preliminary Results). On October 27, 2008, the Federal Register 
corrected certain errors it made in publishing the Initiation and 
Preliminary Results. See Polychloroprene Rubber From Japan: Initiation 
and Preliminary Results of Changed Circumstances Review, and Intent to 
Revoke Antidumping Duty Finding, in Part, 73 FR 63687 (October 27, 
2008) (Initiation Correction).
    In the Initiation and Preliminary Results and Initiation 
Correction, the Department invited interested parties to comment on the 
Initiation and Preliminary Results and no comments were received. 
Accordingly, 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: December 18, 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, N.W., 
Washington DC 20230; telephone: (202) 482-4052.

SUPPLEMENTARY INFORMATION:

Background

    On August 4, 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 August 4, 2008 submission, DPE stated that it no 
longer has any interest in antidumping relief from imports of such 
polychloroprene rubber from Japan. On September 29, 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. In preparing the notice for publication, the 
Federal Register made a number of substantive errors during its 
technical preparation of the Initiation and Preliminary Results for 
publication. On October 27, 2008, the Federal Register published 
corrections of these errors. See Initiation Correction. The Department 
provided interested parties with a deadline to submit written comments 
no later than 30 days after the date of the Initiation Correction. The 
Department did not receive any comments from interested parties.
---------------------------------------------------------------------------

    \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 
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. 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 below.

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

[[Page 77008]]

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 types of polychloroprene rubber are 
excluded from the scope: 1) 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),\2\ and 2) 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.
---------------------------------------------------------------------------

    \2\ See Polychloroprene Rubber from Japan: Final Results of 
Changed Circumstances Review and Determination to Revoke Antidumping 
Duty Finding in Part, 73 FR 64914 (October 31, 2008).
---------------------------------------------------------------------------

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 the AD finding in part. Therefore, the Department is 
revoking, in part, the AD finding on polychloroprene rubber from Japan 
with 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 U.S. Customs and Border 
Protection to terminate the suspension of liquidation of entries of 
certain polychloroprene rubber, meeting the specifications indicated 
above, entered, or withdrawn from warehouse, for consumption on or 
after the date of publication in the Federal Register of the final 
results of this changed circumstances review, in accordance with 19 CFR 
351.222. Entries of subject merchandise prior to the effective date of 
revocation will continue to be subject to suspension of liquidation and 
antidumping duty deposit requirements.
    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 this 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: December 11, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. E8-30113 Filed 12-17-08; 8:45 am]
BILLING CODE 3510-DS-S