Pressure Sensitive Plastic Tape From Italy: Notice of Initiation of Antidumping Duty Changed Circumstances Review, 47555-47557 [E9-22340]
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Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Notices
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: 1) the
cash deposit rates for each specific
company listed above4 will be the rates
shown above, except if the rate is less
than 0.50 percent, and therefore, de
minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; 2) for
previously reviewed or investigated
companies not participating in this
review, the cash deposit rate will
continue to be the company–specific
rate published for the most recent
period; 3) if the exporter is not a firm
covered in this review, a prior review,
or the original LTFV investigation, but
the manufacturer is, the cash deposit
rate will be the rate established for the
most recent period for the manufacturer
of the merchandise; and 4) the cash
deposit rate for all other manufacturers
or exporters will be 5.34 percent, the
all–others rate made effective by the
Section 129 Determination. These
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility,
under 19 CFR 351.402(f)(2), to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification to Interested Parties
This notice serves as the only
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 351.305(a)(3). Timely
written notification of return/
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.
We are issuing and publishing these
final results of review in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: September 8, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Federal Advisory Panel, has been
renewed. The charter is available for
review on the following Web site:
https://www.nauticalcharts.noaa.gov/
ocs/hsrp/charter.htm.
DATE AND TIME: No comments are
solicited through this notice.
FOR FURTHER INFORMATION CONTACT:
Rebecca Arenson, Office of Coast
Survey, National Ocean Service (NOS),
NOAA (N/CS), 1315 East West Highway,
Silver Spring, Maryland, 20910;
Telephone: 301–713–2780 x158, Fax:
301–713–4019; E-mail:
Rebecca.Arenson@noaa.gov.
Appendix Issues in Decision Memo
SUPPLEMENTARY INFORMATION:
General Comments:
Comment 1: Offsetting of Negative
Margins
Comment 2: Using CBP Data for
Respondent Selection
Comment 3: Restricting Count–Size
Comparisons Under the Model–
Matching Methodology
Comment 4: Assessment Rate Assigned
to Companies Receiving the Review–
Specific Average Rate
Company-Specific Comments:
Pakfood
Comment 5: Treatment of DDP Interest
Income Earned by Pakfood
Comment 6: Application of Pakfood’s
Final Antidumping Duty Margin to its
100 Percent–Owned Subsidiaries
The Rubicon Group
Comment 7: Interest Income Offset to
Financial Expenses
Comment 8: CEP Offset
Comment 9: Calculation of U.S.
Warehousing and Inventory Carrying
Costs
Comment 10: Inadvertent Errors in the
Draft Cash Deposit and Liquidation
Instructions
[FR Doc. E9–22335 Filed 9–15–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
srobinson on DSKHWCL6B1PROD with NOTICES
4 Effective
January 16, 2009, there is no longer a
cash deposit requirement for certain producers/
exporters in accordance with the Implementation of
the Findings of the WTO Panel in United States
Antidumping Measure on Shrimp from Thailand:
Notice of Determination under Section 129 of the
Uruguay Round Agreements Act and Partial
Revocation of the Antidumping Duty Order on
Frozen Warmwater Shrimp from Thailand, 74 FR
5638 (January 30, 2009) (Section 129
Determination). These producers/exporters are as
follows: Andaman Seafood Co., Ltd., Chanthaburi
Frozen Food Co., Ltd., Chanthaburi Seafoods Co.,
Ltd., Intersia Foods Co., Ltd. (formerly Y2K Frozen
Foods Co., Ltd.), Phatthana Seafood Co., Ltd., S.C.C.
Frozen Seafood Co., Ltd., Thailand Fishery Cold
Storage Public Co., Ltd., Thai International
Seafoods Co., Ltd., Wales & Co. Universe Limited,
and Thai I-Mei Frozen Foods Co., Ltd.
VerDate Nov<24>2008
17:40 Sep 15, 2009
Jkt 217001
47555
National Oceanic and Atmospheric
Administration
Hydrographic Services Review Panel
Charter Renewal
National Ocean Service,
National Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce.
ACTION: Notice of Hydrographic Services
Review Panel Charter Renewal.
AGENCY:
SUMMARY: The charter for NOAA’s
Hydrographic Services Review Panel, a
PO 00000
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The
charter for NOAA’s Hydrographic
Services Review Panel has been
renewed. The charter is available for
review on the following Web site:
https://www.nauticalcharts.noaa.gov/
ocs/hsrp/charter.htm.
The charter has been renewed in
accordance with the Federal Advisory
Committee Act, 5 U.S.C. (as amended),
Section 14(b)(1)(2) which states, ‘‘Any
advisory committee established by an
Act of Congress shall file a charter in
accordance with such section upon the
expiration of each successive two-year
period following the date of enactment
of the Act establishing such advisory
committee.’’
Dated: August 19, 2009.
Steven Barnum,
Director, Office of Coast Survey, National
Ocean Service, National Oceanic and
Atmospheric Administration.
[FR Doc. E9–22324 Filed 9–15–09; 8:45 am]
BILLING CODE 3510–JE–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–059]
Pressure Sensitive Plastic Tape From
Italy: Notice of Initiation of
Antidumping Duty Changed
Circumstances Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
DATES:
Effective Date: September 16,
2009.
SUMMARY: In response to a request from
Evotape Packaging S.r.l. (Evotape
Packaging), a producer/exporter of
pressure sensitive plastic tape from
Italy, and pursuant to section 751(b) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.216 and
351.221(c)(3), the Department is
initiating a changed circumstances
review of the antidumping duty finding
E:\FR\FM\16SEN1.SGM
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47556
Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Notices
on pressure sensitive plastic tape from
Italy. This review is being conducted to
determine whether there is a successorin-interest to Tyco Adhesives Italia
S.p.A. (Tyco) for purposes of
determining antidumping liability.
FOR FURTHER INFORMATION CONTACT:
Terre Keaton Stefanova or Rebecca
Trainor, AD/CVD Operations, Office 2,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: (202) 482–1280
and (202) 482–4007, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 27, 2009, pursuant to section
751(b) of the Act and 19 CFR 351.216
and 351.221(c)(3), Evotape Packaging
requested that the Department conduct
a changed circumstances review to
determine that it is the successor-ininterest to Tyco,1 and therefore assign to
it Tyco’s antidumping duty deposit rate
for future entries of subject
merchandise. In addition, Evotape
Packaging requested that the
Department expedite this review in
accordance with 19 CFR
351.221(c)(3)(ii), by issuing the notice of
initiation and preliminary
determination simultaneously within 45
days of the filing of the request. Evotape
Packaging further requested that the
Department issue a final affirmative
changed circumstances determination
within 45 days of initiation, in
accordance with 19 CFR 351.216(e).
On August 28, 2009, at the request of
the Department, Evotape Packaging
submitted additional information
pertaining to its changed circumstances
review request.
srobinson on DSKHWCL6B1PROD with NOTICES
Scope of the Finding
The products covered by the finding
are shipments of pressure sensitive
plastic tape measuring over one and
three-eighths inches in width and not
exceeding four millimeters in thickness,
currently classifiable under subheadings
3919.90.20 and 3919.90.50 of the
Harmonized Tariff Schedule of the
United States (HTSUS). The HTSUS
subheadings are provided for
convenience and for customs purposes.
The written description remains
dispositive.
1 On March 25, 2004, the Department determined
that Tyco was the successor-in-interest to Manuli
Tapes S.p.A. (Manuli). See Final Results of
Antidumping Duty Changed Circumstances Review:
Pressure Sensitive Plastic Tape from Italy, 69 FR
15297 (March 25, 2004).
VerDate Nov<24>2008
17:40 Sep 15, 2009
Jkt 217001
Initiation of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Act, the Department will conduct a
changed circumstance review upon
receipt of a request from an interested
party or receipt of information
concerning an antidumping duty order 2
which shows changed circumstances
sufficient to warrant a review of the
order.
As noted above, on July 27, 2009,
Evotape Packaging submitted its request
for a changed circumstances review.
With its request, Evotape Packaging
submitted certain information to
demonstrate that in May 2005, its parent
company (Evotape S.p.A) acquired
Tyco’s business and assets, which
included two production units
(packaging and masking tape) and
related sales offices; and that in
December 2007, Evotape S.p.A
restructured the company and created
two wholly-owned subsidiaries (i.e.,
Evotape Packaging and Evotape Masking
S.r.l. (Evotape Masking)) using the
assets and business of the two
production units. Evotape Packaging
also provided information pertaining to
management, production facilities,
supplier relationships and customer
base with respect to the production and
sale of subject merchandise during the
2005 acquisition and 2007 restructuring.
In its August 28, 2009, response to the
Department’s request for information,
Evotape Packaging provided
information regarding the business
operations of Evotape Masking.
In its request, Evotape Packaging
claims that it operates as the same
business entity as Tyco with respect to
merchandise exported to the United
States,3 and that its production facilities
have not changed since it was part of
Tyco. In addition, it claims that its
product line, supplier relations,
employees and customer base have
remained largely the same, and although
there were certain changes in
2 Prior to the Trade Agreements Act of 1979 (1979
Act), Public Law 96–39, the Treasury Department
issued antidumping ‘‘findings.’’ Section 106(a) of
the 1979 Act expressly preserved the existing
antidumping ‘‘findings’’ in the new law, but
provided that after January 1, 1980, the Tariff Act
of 1930 would be amended to require the
Department to issue antidumping ‘‘orders’’ instead
of ‘‘findings.’’
3 Evotape Packaging states that it is the former
production unit of Tyco that produces and sells
pressure sensitive plastic tape to the United States,
i.e., merchandise subject to the antidumping duty
finding. According to Evotape Packaging, Evotape
Masking produces two products that fall within the
scope of this finding, which Tyco also produced
when it was in existence. However, Evotape
Packaging states that Evotape Masking does not
ship or sell these products to the United States, and
has no future plans to do so.
PO 00000
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Fmt 4703
Sfmt 4703
management, these changes did not
have a substantial impact on the
production and sale of subject
merchandise.
Based on the information submitted
by Evotape Packaging and in accordance
with section 19 CFR 351.216, the
Department finds there is sufficient
information to warrant initiating a
changed circumstances review.
Therefore, pursuant to section 751(b)(1)
of the Act and 19 CFR 351.216, we are
initiating a changed circumstances
review to determine whether there is a
successor-in-interest to Tyco.
In making a successor-in-interest
determination in antidumping
proceedings, the Department typically
examines several factors including, but
not limited to: (1) Management; (2)
production facilities; (3) supplier
relationships; and (4) customer base.
See, e.g., Notice of Final Results of
Changed Circumstances Antidumping
Duty Administrative Review:
Polychloroprene Rubber from Japan, 67
FR 58 (January 2, 2002)
(Polychloroprene Rubber from Japan);
Brass Sheet and Strip from Canada;
Final Results of Antidumping Duty
Administrative Review, 57 FR 20460
(May 13, 1992) (Canadian Brass). While
no single factor or combination of these
factors will necessarily be dispositive,
the Department will generally consider
the new company to be the successor to
the previous company if its resulting
operation is not materially dissimilar to
that of its predecessor. See, e.g.,
Polychloroprene Rubber from Japan;
Industrial Phosphoric Acid from Israel:
Final Results of Changed Circumstances
Review, 59 FR 6944 (February 14, 1994);
Canadian Brass; Fresh and Chilled
Atlantic Salmon from Norway: Initiation
and Preliminary Results of Changed
Circumstances Antidumping Duty
Administrative Review, 63 FR 50880
(September 23, 1998) (unchanged in
final results, Fresh and Chilled Atlantic
Salmon From Norway; Final Results of
Changed Circumstances Antidumping
Duty Administrative Review, 64 FR 9979
(March 1, 1999)). Thus, if the evidence
demonstrates that, with respect to the
production and sale of the subject
merchandise, the new company
operates as the same business entity as
the former company, the Department
will generally accord the new company
the same antidumping duty treatment as
its predecessor.
Although Evotape Packaging has
submitted information which is
sufficient for purposes of initiating a
changed circumstances review, as
discussed above, this information is not
a sufficient basis to make a preliminary
successor-in-interest determination at
E:\FR\FM\16SEN1.SGM
16SEN1
srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Notices
this time. Specifically, the Department
has questions concerning the
restructuring discussed above with
respect to the business operations of
Evotape Masking and Evotape
Packaging. It appears from the
information on the record that both
companies use facilities once owned by
Tyco (and before Tyco, by Manuli).
Manuli/Tyco’s antidumping duty
margin may have been calculated based
on information derived from all of these
facilities. Therefore, a determination of
a successor-in-interest, for purpose of
antidumping liability, requires the
Department to gather further
information before it can make a
preliminary successor-in-interest
determination.
Accordingly, the Department has
determined that it would be
inappropriate to expedite this action by
combining the preliminary results of
review with this notice of initiation, as
permitted under 19 CFR
351.221(c)(3)(ii) and as requested by
Evotape Packaging. As a result, the
Department is not issuing preliminary
results for this changed circumstances
review at this time.
The Department will request
additional information in accordance
with 19 CFR 351.221(b)(2), and will
publish in the Federal Register a notice
of preliminary results of the changed
circumstances review, in accordance
with 19 CFR 351.221(b)(4) and (c)(3)(i),
which will set forth the factual and legal
conclusions upon which our
preliminary results are based and a
description of any action proposed.
Interested parties will have an
opportunity to comment on the
preliminary results of review. In
accordance with 19 CFR 351.216(e), the
Department will issue the final results
of this antidumping duty changed
circumstances review no later than 270
days after the date on which this review
was initiated, or within 45 days if all
parties agree to our preliminary results.
During the course of this antidumping
duty changed circumstances review,
cash deposit requirements for the
subject merchandise produced and
exported by Evotape Packaging will
continue to be the all-others rate
established in the investigation. See
Pressure Sensitive Plastic Tape From
Italy; Determination of Injury or
Likelihood Thereof, 42 FR 44853
(September 7, 1977). The cash deposit
rate requirement will be altered, if
warranted, pursuant only to the final
results of this review.
This notice of initiation is in
accordance with sections 751(b)(1) and
777(i) of the Act and 19 CFR 351.216
and 351.221(c)(3).
VerDate Nov<24>2008
17:40 Sep 15, 2009
Jkt 217001
Dated: September 10, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–22340 Filed 9–15–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XR44
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permits (EFPs)
AGENCY: Department of Commerce,
National Oceanic and Atmospheric
Administration (NOAA), National
Marine Fisheries Service (NMFS).
ACTION: Notification of a proposal for an
EFP to conduct exempted fishing;
request for comments.
SUMMARY: The Assistant Regional
Administrator for Sustainable Fisheries,
Northeast Region, NMFS (Assistant
Regional Administrator), has made a
preliminary determination that the
subject EFP application that was
submitted by the University of Rhode
Island (URI) warrants further
consideration and should be issued for
public comment. The EFP would
exempt participating vessels from
summer flounder size restrictions, scup
size restrictions, scup possession
restrictions, and possession restrictions
for squid and butterfish. The Assistant
Regional Administrator has also made a
preliminary determination that the
activities authorized under the EFP
would be consistent with the goals and
objectives of the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan (FMP); and the
Atlantic Mackerel, Squid, and Butterfish
FMP. However, further review and
consultation may be necessary before a
final determination is made.
DATES: Comments must be received on
or before October 1, 2009.
ADDRESSES: Comments may be
submitted by e-mail. The mailbox
address for providing e-mail comments
is nero.efp@noaa.gov. Include in the
subject line of the e-mail comment the
following document identifier:
‘‘Comments on URI Drop Chain Trawl
Net EFP.’’ Written comments should be
sent to Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast
Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ‘‘Comments on
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
47557
URI Drop Chain Trawl Net EFP.’’
Comments may also be sent via
facsimile (fax) to (978) 281–9135.
FOR FURTHER INFORMATION CONTACT:
Sarah Bland, Fishery Management
Specialist, (978) 281–9257.
SUPPLEMENTARY INFORMATION: A
complete application for an EFP was
submitted by URI on August 31, 2009,
for a study that would test the
effectiveness of a drop chain small mesh
net in its ability to reduce catches of
summer flounder in the small mesh
fishery. The study would also evaluate
discard mortality of summer flounder
caught using the Reflex Action Mortality
Predictor (RAMP) method.
The study would be conducted aboard
two commercial fishing vessels in the
directed small mesh fishery for squid in
Block Island Sound and Rhode Island
Sound. Research trips associated with
the study would be conducted over a
12-month period, beginning in October
2009 and continuing through September
2010. Field work would be split into
three time periods, consisting of a total
of 12 fishing days. Vessels would
conduct side-by-side tows, with one
vessel towing a control net and the other
towing an experimental net. The control
net would be a 362 x 12–cm two-seam
polyethylene balloon net equipped with
a 20–cm rockhopper sweep. The
experimental net would be identical to
the control net, but equipped with a 1–
ft (30.5–cm) drop chain sweep.
Each fishing day would consist of four
to six tows of 1.5 hr duration. For each
tow, total catch size would be
determined prior to subsampling.
Following Northeast Fisheries Science
Center (NEFSC) protocols, either all of
the summer flounder catch, or a
subsample, would be weighed. Target
catch species would include squid,
butterfish, and scup. These species
would also be sampled and weighed.
Species would be sorted by sub-legal
and legal-sized fish, and weights would
be taken for each group.
On 5 fishing days, up to 50 legal and
sub-legal sized summer flounder would
be transferred to an on-board holding
tank. Individual fish would be measured
for length, and the presence or absence
of six RAMP tests would be noted. After
visual inspection, fish would be tagged,
transported in coolers to the Blount
Aquaculture Research Laboratory, and
held for 60 days for survival and growth
studies.
The applicants have requested
exemptions from summer flounder size
restrictions at § 648.103. This exemption
would allow vessels to retain and land
summer flounder that would be
transported to the Blount Aquaculture
E:\FR\FM\16SEN1.SGM
16SEN1
]]>Agencies
[Federal Register Volume 74, Number 178 (Wednesday, September 16, 2009)]
[Notices]
[Pages 47555-47557]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22340]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-059]
Pressure Sensitive Plastic Tape From Italy: Notice of Initiation
of Antidumping Duty Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: September 16, 2009.
SUMMARY: In response to a request from Evotape Packaging S.r.l.
(Evotape Packaging), a producer/exporter of pressure sensitive plastic
tape from Italy, and pursuant to section 751(b) of the Tariff Act of
1930, as amended (the Act), and 19 CFR 351.216 and 351.221(c)(3), the
Department is initiating a changed circumstances review of the
antidumping duty finding
[[Page 47556]]
on pressure sensitive plastic tape from Italy. This review is being
conducted to determine whether there is a successor-in-interest to Tyco
Adhesives Italia S.p.A. (Tyco) for purposes of determining antidumping
liability.
FOR FURTHER INFORMATION CONTACT: Terre Keaton Stefanova or Rebecca
Trainor, AD/CVD Operations, Office 2, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202) 482-1280 and (202) 482-4007, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 27, 2009, pursuant to section 751(b) of the Act and 19 CFR
351.216 and 351.221(c)(3), Evotape Packaging requested that the
Department conduct a changed circumstances review to determine that it
is the successor-in-interest to Tyco,\1\ and therefore assign to it
Tyco's antidumping duty deposit rate for future entries of subject
merchandise. In addition, Evotape Packaging requested that the
Department expedite this review in accordance with 19 CFR
351.221(c)(3)(ii), by issuing the notice of initiation and preliminary
determination simultaneously within 45 days of the filing of the
request. Evotape Packaging further requested that the Department issue
a final affirmative changed circumstances determination within 45 days
of initiation, in accordance with 19 CFR 351.216(e).
---------------------------------------------------------------------------
\1\ On March 25, 2004, the Department determined that Tyco was
the successor-in-interest to Manuli Tapes S.p.A. (Manuli). See Final
Results of Antidumping Duty Changed Circumstances Review: Pressure
Sensitive Plastic Tape from Italy, 69 FR 15297 (March 25, 2004).
---------------------------------------------------------------------------
On August 28, 2009, at the request of the Department, Evotape
Packaging submitted additional information pertaining to its changed
circumstances review request.
Scope of the Finding
The products covered by the finding are shipments of pressure
sensitive plastic tape measuring over one and three-eighths inches in
width and not exceeding four millimeters in thickness, currently
classifiable under subheadings 3919.90.20 and 3919.90.50 of the
Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS
subheadings are provided for convenience and for customs purposes. The
written description remains dispositive.
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act, the Department will
conduct a changed circumstance review upon receipt of a request from an
interested party or receipt of information concerning an antidumping
duty order \2\ which shows changed circumstances sufficient to warrant
a review of the order.
---------------------------------------------------------------------------
\2\ Prior to the Trade Agreements Act of 1979 (1979 Act), Public
Law 96-39, the Treasury Department issued antidumping ``findings.''
Section 106(a) of the 1979 Act expressly preserved the existing
antidumping ``findings'' in the new law, but provided that after
January 1, 1980, the Tariff Act of 1930 would be amended to require
the Department to issue antidumping ``orders'' instead of
``findings.''
---------------------------------------------------------------------------
As noted above, on July 27, 2009, Evotape Packaging submitted its
request for a changed circumstances review. With its request, Evotape
Packaging submitted certain information to demonstrate that in May
2005, its parent company (Evotape S.p.A) acquired Tyco's business and
assets, which included two production units (packaging and masking
tape) and related sales offices; and that in December 2007, Evotape
S.p.A restructured the company and created two wholly-owned
subsidiaries (i.e., Evotape Packaging and Evotape Masking S.r.l.
(Evotape Masking)) using the assets and business of the two production
units. Evotape Packaging also provided information pertaining to
management, production facilities, supplier relationships and customer
base with respect to the production and sale of subject merchandise
during the 2005 acquisition and 2007 restructuring. In its August 28,
2009, response to the Department's request for information, Evotape
Packaging provided information regarding the business operations of
Evotape Masking.
In its request, Evotape Packaging claims that it operates as the
same business entity as Tyco with respect to merchandise exported to
the United States,\3\ and that its production facilities have not
changed since it was part of Tyco. In addition, it claims that its
product line, supplier relations, employees and customer base have
remained largely the same, and although there were certain changes in
management, these changes did not have a substantial impact on the
production and sale of subject merchandise.
---------------------------------------------------------------------------
\3\ Evotape Packaging states that it is the former production
unit of Tyco that produces and sells pressure sensitive plastic tape
to the United States, i.e., merchandise subject to the antidumping
duty finding. According to Evotape Packaging, Evotape Masking
produces two products that fall within the scope of this finding,
which Tyco also produced when it was in existence. However, Evotape
Packaging states that Evotape Masking does not ship or sell these
products to the United States, and has no future plans to do so.
---------------------------------------------------------------------------
Based on the information submitted by Evotape Packaging and in
accordance with section 19 CFR 351.216, the Department finds there is
sufficient information to warrant initiating a changed circumstances
review. Therefore, pursuant to section 751(b)(1) of the Act and 19 CFR
351.216, we are initiating a changed circumstances review to determine
whether there is a successor-in-interest to Tyco.
In making a successor-in-interest determination in antidumping
proceedings, the Department typically examines several factors
including, but not limited to: (1) Management; (2) production
facilities; (3) supplier relationships; and (4) customer base. See,
e.g., Notice of Final Results of Changed Circumstances Antidumping Duty
Administrative Review: Polychloroprene Rubber from Japan, 67 FR 58
(January 2, 2002) (Polychloroprene Rubber from Japan); Brass Sheet and
Strip from Canada; Final Results of Antidumping Duty Administrative
Review, 57 FR 20460 (May 13, 1992) (Canadian Brass). While no single
factor or combination of these factors will necessarily be dispositive,
the Department will generally consider the new company to be the
successor to the previous company if its resulting operation is not
materially dissimilar to that of its predecessor. See, e.g.,
Polychloroprene Rubber from Japan; Industrial Phosphoric Acid from
Israel: Final Results of Changed Circumstances Review, 59 FR 6944
(February 14, 1994); Canadian Brass; Fresh and Chilled Atlantic Salmon
from Norway: Initiation and Preliminary Results of Changed
Circumstances Antidumping Duty Administrative Review, 63 FR 50880
(September 23, 1998) (unchanged in final results, Fresh and Chilled
Atlantic Salmon From Norway; Final Results of Changed Circumstances
Antidumping Duty Administrative Review, 64 FR 9979 (March 1, 1999)).
Thus, if the evidence demonstrates that, with respect to the production
and sale of the subject merchandise, the new company operates as the
same business entity as the former company, the Department will
generally accord the new company the same antidumping duty treatment as
its predecessor.
Although Evotape Packaging has submitted information which is
sufficient for purposes of initiating a changed circumstances review,
as discussed above, this information is not a sufficient basis to make
a preliminary successor-in-interest determination at
[[Page 47557]]
this time. Specifically, the Department has questions concerning the
restructuring discussed above with respect to the business operations
of Evotape Masking and Evotape Packaging. It appears from the
information on the record that both companies use facilities once owned
by Tyco (and before Tyco, by Manuli). Manuli/Tyco's antidumping duty
margin may have been calculated based on information derived from all
of these facilities. Therefore, a determination of a successor-in-
interest, for purpose of antidumping liability, requires the Department
to gather further information before it can make a preliminary
successor-in-interest determination.
Accordingly, the Department has determined that it would be
inappropriate to expedite this action by combining the preliminary
results of review with this notice of initiation, as permitted under 19
CFR 351.221(c)(3)(ii) and as requested by Evotape Packaging. As a
result, the Department is not issuing preliminary results for this
changed circumstances review at this time.
The Department will request additional information in accordance
with 19 CFR 351.221(b)(2), and will publish in the Federal Register a
notice of preliminary results of the changed circumstances review, in
accordance with 19 CFR 351.221(b)(4) and (c)(3)(i), which will set
forth the factual and legal conclusions upon which our preliminary
results are based and a description of any action proposed. Interested
parties will have an opportunity to comment on the preliminary results
of review. In accordance with 19 CFR 351.216(e), the Department will
issue the final results of this antidumping duty changed circumstances
review no later than 270 days after the date on which this review was
initiated, or within 45 days if all parties agree to our preliminary
results.
During the course of this antidumping duty changed circumstances
review, cash deposit requirements for the subject merchandise produced
and exported by Evotape Packaging will continue to be the all-others
rate established in the investigation. See Pressure Sensitive Plastic
Tape From Italy; Determination of Injury or Likelihood Thereof, 42 FR
44853 (September 7, 1977). The cash deposit rate requirement will be
altered, if warranted, pursuant only to the final results of this
review.
This notice of initiation is in accordance with sections 751(b)(1)
and 777(i) of the Act and 19 CFR 351.216 and 351.221(c)(3).
Dated: September 10, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. E9-22340 Filed 9-15-09; 8:45 am]
BILLING CODE 3510-DS-P
