[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