[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Notices]
[Pages 47871-47872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23109]
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DEPARTMENT OF COMMERCE
[A-588-047]
Polychloroprene Rubber From Japan; Preliminary Results and
Partial Termination of Antidumping Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Preliminary Results and Partial Termination of
Antidumping Duty Administrative Review.
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SUMMARY: The Department of Commerce is partially terminating the
administrative review of the antidumping finding on polychloroprene
rubber from Japan with respect to Denki Kaguku Kogyo K.K. (Denki),
Tosoh Corporation (Tosoh), and Mitsui Bussan K.K. (Mitsui Bussan) This
review covers shipments of this merchandise to the United States during
the period December 1, 1994, through November 30, 1995, for five other
manufacturers/exporters.
EFFECTIVE DATE: September 11, 1996.
FOR FURTHER INFORMATION CONTACT:
Roy F. Unger, Jr. or Thomas F. Futtner, 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.
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, 1995, the
Department of Commerce (the Department) published a notice of
``Opportunity to Request Administrative Review'' (60 FR 62071). On
January 11, 1996, the petitioner, E. I. Du Pont de Nemours & Company,
Inc. (Du Pont), requested that we conduct an administrative review for
the period December 1, 1994, through November 30, 1995, covering eight
producers and/or exporters: Denki, Denki/Hoei Sangyo Co., Ltd. (Denki/
Hoei Sangyo), Mitsui Bussan, Showa Neoprene K.K. (Showa), Showa/ Hoei
Sangyo Co., Ltd. (Showa/Hoei Sangyo), Suzugo Corporation (Suzugo),
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 February 1, 1996 (61 FR
3670).
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (the Act) by the
Uruguay Round Agreements Act (URAA). In addition, unless otherwise
indicated, all citations to the Department's regulations are to the
current regulations, as amended by the interim regulations published in
the Federal Register on May 11, 1995 (60 FR 25130).
Scope of the Review
Imports covered by the review are shipments of polychloroprene
rubber, an oil resistant 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 Partial Termination of Administrative
Review
Denki, Tosoh, and Mitsui Bussan responded that they had no
shipments of the subject merchandise during the period of review (POR),
and we confirmed this with the United States Customs Service.
Therefore, in accordance with our practice, we are treating these firms
as non-shippers for purposes of this review, and are terminating this
review with respect to these companies. The cash deposit rates for
these firms will continue to be the rates established in the most
recently completed final review.
We were unable to locate the remaining companies, Showa, Suzugo,
Denki/Hoei Sangyo, Showa/Hoei Sangyo, 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
[[Page 47872]]
reviews for these firms, and 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)).
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 all firms
covered in this review will be those rates established in the last
completed final results of 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; and (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.
On May 25, 1993, the Court of International Trade, in Floral Trade
Council v. United States, Slip Op. 93-79, and Federal-Mogul Corporation
and the Torrington Company v. United States, Slip Op. 93-83, decided
that once an ``all others'' rate is established for a company, it can
only be changed through an administrative review. The Department has
determined that in order to implement these decisions, it is
appropriate to apply the original ``all others'' rate from the LTFV
investigation (or that rate as amended for correction of clerical
errors or as a result of litigation) in proceedings governed by
antidumping duty orders for the purposes of establishing cash deposits
in all current and future administrative reviews. In proceedings
governed by antidumping findings, unless we are able to ascertain the
``all others'' rate from the Treasury LTFV investigation, the
Department has determined that it is appropriate to adopt the ``new
shipper'' rate established in the first final results of administrative
review published by the Department (or that rate amended for correction
of clerical errors or as a result of litigation) as the ``all others''
rate for the purpose of establishing cash deposits in all current and
future administrative reviews.
Because this proceeding is governed by an antidumping finding and
we are unable to ascertain the ``all others'' rate from the Treasury
LTFV investigation, the ``all others'' rate for purposes of this review
will be 55.00 percent, a rate established in the final results of
administrative review published by the Department on April 6, 1982 (47
FR 14746).
These deposit requirements 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 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: September 3, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-23109 Filed 9-10-96; 8:45 am]
BILLING CODE 3510-DS-P