[Federal Register Volume 61, Number 67 (Friday, April 5, 1996)]
[Notices]
[Pages 15221-15222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8365]



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DEPARTMENT OF COMMERCE
[A-588-046]


Polychloroprene Rubber From Japan; Preliminary Results and 
Termination In-Part of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of preliminary results and termination in-part of 
Antidumping Duty Administrative Review.

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SUMMARY: The Department of Commerce has conducted an administrative 
review of the antidumping finding on polychloroprene rubber from Japan. 
Interested parties are invited to comment on these preliminary results 
and termination in-part. Parties who submit argument in this proceeding 
are requested to submit with the argument (1) a statement of the issue, 
and (2) a brief summary of the argument.

EFFECTIVE DATE: April 5, 1996.

FOR FURTHER INFORMATION CONTACT: Roy F. Unger, Jr. or Thomas Futtner, 
Office of Antidumping Compliance, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-0651 
or 482-3814.

[[Page 15222]]


SUPPLEMENTARY INFORMATION:

Background

    On December 6, 1973, the Department of the Treasury published in 
the Federal Register (38 FR 35393) the antidumping finding on 
polychloroprene rubber (rubber) from Japan. On December 6, 1994, the 
Department of Commerce (the Department) published a notice of 
``Opportunity to Request Administrative Review'' (59 FR 62710). On 
December 29, 1994, the petitioner, E. I. Du Pont de Nemours & Company, 
Inc. (Du Pont), requested that we conduct an administrative review for 
the period December 1, 1993, through November 30, 1994, covering eight 
producers and/or exporters: Denki Kaguku, K.K. (Denki), Denki/Hoei 
Sangyo Co., Ltd. (Denki/Hoei Sangyo), Mitsui Bussan K.K. (Mitsui 
Bussan), Showa Neoprene K.K. (Showa), Showa/Hoei Sangyo Co., Ltd. 
(Showa/Hoei Sangyo), Suzugo Corporation (Suzugo), Tosoh Corporation 
(Tosoh) (formerly Toyo Soda), and Tosoh/Hoei Sangyo Co., Ltd. (Tosoh/
Hoei Sangyo).
    We published a notice of initiation of the antidumping 
administrative review on these companies on January 13, 1995 (60 FR 
3192). The Department has now conducted the administrative review in 
accordance with section 751 of the Tariff Act of 1930, as amended.

Applicable Statute and Regulations

    The Department has conducted this administrative review in 
accordance with section 751 of the Tariff Action 1930, as amended (the 
Tariff Act). Unless otherwise indicated, all citations to the statute 
and to the Department's regulations refer to the provisions as they 
existed on December 31, 1994.

Scope of the Review

    Imports covered by the review are shipments of polychloroprene 
rubber, an oil resistance synthetic rubber also known as polymerized 
chlorobutadiene or neoprene, currently classifiable under items 
4002.42.00, 4002.49.00, 4003.00.00, 4462.15.21 and 4462.00.00. HTS item 
numbers are provided for convenience and for Customs purposes. The 
written descriptions remain dispositive.

Preliminary Results and Termination In-Part of Review

    Denki, Mitsui Bussan, and Tosoh responded that they had no 
shipments during the period of review (POR). The petitioner withdrew 
its review request for Showa. Therefore, we are terminating in-part 
this administrative review with respect to Showa.
    We were unable to locate the remaining companies, Denki/Hoei 
Sangyo, Showa/Hoei Sangyo, Suzugo, and Tosoh/Hoei Sangyo, in spite of 
requests for assistance from various sources including the American 
Embassy in Tokyo, the Japanese Embassy in Washington, D.C., and the 
U.S. Customs Service. Therefore, we were unable to conduct 
administrative reviews for these firms, and upon issuance of the final 
results we will instruct the U.S. Customs Service to continue to assess 
any entries by these firms at the rate determined by the last completed 
administrative review on November 26, 1984 (49 FR 46454) (see Certain 
Fresh Cut Flowers from Colombia; Preliminary Results of Antidumping 
Duty Administrative Review, Partial Termination of Administrative 
Reviews, and Notice of Intent to Revoke Order (In Part) (``Flowers from 
Colombia''), 60 FR 30271 (June 8, 1995)).
    The U.S. Customs Service verified that none of the respondents had 
entries of subject merchandise during the POR. Because Denki, Mitsui 
Bussan, and Tosoh, had no shipments of this merchandise to the United 
States during the POR, the Department has preliminarily assigned each 
of them the cash deposit rate determined for that company in the last 
completed administrative review (see Flowers from Colombia). We have 
preliminarily determined that the following margins exist for the POR:

------------------------------------------------------------------------
                                                                 Percent
                Manufacturer/producer/exporter                   margin 
------------------------------------------------------------------------
Denki.........................................................  \1\ 0.00
Mitsui Bussan.................................................  \1\ 0.00
Tosoh.........................................................  \1\ 0.00
------------------------------------------------------------------------
\1\  No shipments during the POR. Rate is from the last administrative  
  review in which there were shipments.                                 

    Furthermore, the following deposit requirements will be effective 
for all shipments of the subject merchandise, entered, or withdrawn 
from warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided for by section 
751(a)(1) of the Tariff Act: (1) The cash deposit rate for the reviewed 
companies will be those rates established in the final results of this 
review; (2) The cash deposit rate for subject merchandise exported by 
manufacturers or exporters not covered in this review, but covered in 
previous reviews or in the original less-than-fair-value (LTFV) 
investigation, will be based upon the most recently published rate in a 
final result or determination for which the manufacturer or exporter 
received a company-specific rate; (3) The cash deposit rate for subject 
merchandise exported by an exporter not covered in this review, a prior 
review, or the original investigation, but where the manufacturer of 
the merchandise has been covered by this or a prior final results or 
determination, will be based upon the most recently published company-
specific rate for that manufacturer; and (4) The cash deposit rate for 
merchandise exported by all other manufacturers and exporters, who are 
not covered by these or any previous administrative review conducted by 
the Department, will be the ``all others'' rate established in the 
original LTFV investigation.
    These deposit requirements, when imposed, shall remain in effect 
until publication of the final results of the next administrative 
review. Interested parties may request disclosure within five days of 
the date of publication of this notice, and may request a hearing 
within 10 days of the date of publication. Any hearing, if requested, 
will be held as early as convenient for the parties but not later than 
44 days after the date of publication or the first workday thereafter. 
Case briefs or other written comments from interested parties may be 
submitted not later than 30 days after the date of publication of this 
notice. Rebuttal briefs and rebuttal comments, limited to issues raised 
in the case briefs, may be filed not later than 37 days after the date 
of publication. The Department will publish the final results of this 
administrative review, including its results of its analysis of issues 
raised in any such written comments.
    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 353.26 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.
    This administrative review and notice are in accordance with 
section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR 
353.22.

    Dated: March 21, 1996.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 96-8365 Filed 4-4-96; 8:45 am]
BILLING CODE 3510-DS-P