[Federal Register Volume 62, Number 58 (Wednesday, March 26, 1997)]
[Notices]
[Pages 14398-14399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7588]



[[Page 14398]]

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DEPARTMENT OF COMMERCE
[A-428-810]


High-Tenacity Rayon Filament Yarn From Germany; Initiation and 
Preliminary Results of Changed Circumstances Antidumping Duty 
Administrative Review, and Intent To Revoke Order

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

ACTION: Notice of initiation and preliminary results of changed 
circumstances antidumping duty administrative review, and intent to 
revoke order.

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SUMMARY: In response to a request from the North American Rayon 
Corporation (petitioner and sole U.S. producer of high-tenacity rayon 
filament yarn), the Department of Commerce (the Department) is 
initiating a changed circumstances antidumping duty administrative 
review and issuing a notice of intent to revoke the antidumping duty 
order on high-tenacity rayon filament yarn from Germany. The petitioner 
also requested that this revocation be retroactive to June 1, 1995. 
Based on the fact that the petitioner has expressed no interest in the 
continuation of the antidumping duty order on high-tenacity rayon 
filament yarn produced in Germany, we intend to revoke this order.

EFFECTIVE DATE: March 26, 1997.

FOR FURTHER INFORMATION CONTACT: Matthew Blaskovich, AD/CVD 
Enforcement, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230; telephone (202) 482-5831.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    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).

Background

    On May 22, 1992 (57 FR 21770), the Department published the final 
determination in the LTFV investigation on high-tenacity rayon filament 
yarn from Germany, and subsequently published an antidumping duty order 
on June 30, 1992 (57 FR 29062). On January 7, 1997, the petitioner 
requested that the Department conduct a changed circumstances 
administrative review to determine whether to revoke the order. 
Petitioner states that it has no further interest in the order.

Scope of the Review

    The product covered by this administrative review is high-tenacity 
rayon filament yarn from Germany. During the review period, such 
merchandise was classifiable under Harmonized Tariff Schedule (HTS) 
item number 5403.10.30.40. High-tenacity rayon filament yarn is a 
multifilament single yarn of viscose rayon with a twist of five turns 
or more per meter, having a denier of 1100 or greater, and a tenacity 
greater than 35 centinewtons per tex. The HTS item numbers are provided 
for convenience and Customs purposes. The written description remains 
dispositive as to the scope of the product coverage. This changed 
circumstances administrative review covers all manufacturers/exporters 
of high-tenacity rayon filament yarn from Germany.

Initiation and Preliminary Results of Changed Circumstances Antidumping 
Duty Administrative Review, and Intent To Revoke Order

    Pursuant to section 751(d) and 782(h) of the Act, the Department 
may revoke an antidumping duty order based on a review under section 
751(b) of the Act (i.e., a changed circumstances review). Section 
751(b)(1) of the Act requires a changed circumstances administrative 
review to be conducted upon receipt of a request containing sufficient 
information concerning changed circumstances.
    The Department's regulations at 19 CFR 353.25(d)(2) permit the 
Department to conduct a changed circumstances administrative review 
under Sec. 353.22(f) based upon an affirmative statement of no interest 
from the petitioner in the proceeding. Section 353.25(d)(1)(i) further 
provides that the Department may revoke the order if it determines that 
the order under review is no longer of interest to interested parties, 
as enumerated therein. In addition, in the event that the Department 
concludes that expedited action is warranted, section 353.22(f)(4) of 
the regulations permits the Department to combine the notices of 
initiation and preliminary results.
    Therefore, in accordance with sections 751(b)(1) and 782(h) of the 
Act, 19 CFR 353.25(d), and 353.22(f), based on an affirmative statement 
of no interest in the proceeding by petitioner, we are initiating this 
changed circumstances administrative review and have determined that 
expedited action is warranted. Further, we have preliminarily 
determined that the order on high-tenacity rayon filament yarn, as 
described in petitioner's request for a changed circumstances review, 
no longer is of interest to domestic interested parties as of June 1, 
1995. Because we concluded that expedited action is warranted, we are 
combining these notices of initiation and preliminary results. 
Therefore, we are hereby notifying the public of our intent to revoke 
the antidumping duty order on high-tenacity rayon filament yarn from 
Germany, effective June 1, 1995.
    If final revocation occurs, we intend to instruct the U.S. Customs 
Service (Customs) to liquidate without regard to antidumping duties and 
to refund any estimated antidumping duties collected for all 
unliquidated entries of the subject merchandise made on or after the 
effective date of revocation, June 1, 1995, in accordance with 19 CFR 
353.25(d)(5). We will also instruct Customs to refund interest for 
entries made on or after June 1, 1995, in accordance with section 778 
of the Act. The current requirement for a cash deposit of estimated 
antidumping duties will continue until publication of the final results 
of this changed circumstances review.

Public Comment

    Parties to the proceeding may request disclosure within 5 days of 
the date of publication of this notice and any interested party may 
request a hearing within 10 days of publication. Any hearing, if 
requested, will be held no later than 28 days after the date of 
publication of this notice, or the first working day thereafter. Case 
briefs and/or written comments from interested parties may be submitted 
no later than 14 days after the date of publication of this notice. 
Rebuttal briefs and rebuttals to written comments, limited to the 
issues raised in those comments, may be filed no later than 21 days 
after the date of publication of this notice. All written comments 
shall be submitted in accordance with 19 CFR 353.31(e) and shall be 
served on all interested parties on the Department's service in 
accordance with 19 CFR 353.31(g). Persons interested in attending the 
hearing should contact the Department for the date and time of the 
hearing. The Department will publish the final results of this changed 
circumstances review, including the results of its analysis of issues 
raised in any written comments.

[[Page 14399]]

    This initiation, preliminary results of review and notice are in 
accordance with section 751(b) of the Act, as amended (19 U.S.C. 
1675(b)), and 19 CFR 353.22(f)(4).

    Dated: March 18,1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-7588 Filed 3-25-97; 8:45 am]
BILLING CODE 3510-DS-P