[Federal Register Volume 68, Number 166 (Wednesday, August 27, 2003)]
[Notices]
[Pages 51557-51558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21842]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-059]


Notice of Initiation of Antidumping Duty Changed Circumstances 
Review: Pressure Sensitive Plastic Tape From Italy

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In accordance with section 751(b) of the Tariff Act of 1930, 
as amended, (the Act) and 19 CFR 351.216 (2003), Tyco Adhesives Italia 
S.p.A. (Tyco) requested that the Department of Commerce (the 
Department) conduct a changed circumstances review of the antidumping 
duty order on pressure sensitive plastic tape (PSPT) from Italy. In 
response to this request, the Department is initiating a changed 
circumstances review of the above-referenced order.

EFFECTIVE DATE: August 27, 2003.

[[Page 51558]]


FOR FURTHER INFORMATION CONTACT: Zev Primor or Maisha Cryor, AD/CVD 
Enforcement, Group II, Office 4, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-4114 
or (202) 482-5831, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 3, 2003, Tyco requested that the Department conduct an 
expedited changed circumstances review of the antidumping duty order on 
PSPT from Italy pursuant to section 751(b)(1) of the Act and 19 CFR 
351.221(c)(3)(ii). Tyco claims to be the successor-in-interest to 
Manuli Autoadesivi (Manuli), based on its May 8, 2001, purchase of 
Manuli Tapes\1\, and, as such, claims that it is entitled to receive 
the same antidumping treatment as Manuli.
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    \1\ On December 31, 1999, after merging with another company, 
Manuli changed its corporate name to Manuli Tapes S.p.A.
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Scope of Review

    Imports covered by the review are shipments of PSPT measuring 1 3/8 
inches in width and not exceeding 4 millimeters in thickness, currently 
classifiable under items 3919.90.20 and 3919.90.50 of the Harmonized 
Tariff Schedule of the United States (HTSUS). HTSUS subheadings are 
provided for convenience and customs purposes. The written description 
remains dispositive as to the scope of the product coverage.

Initiation of Antidumping Duty Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act, the Department will 
conduct a changed circumstances review upon receipt of information 
concerning, or a request from an interested party for a review of, an 
antidumping duty order which shows changed circumstances sufficient to 
warrant a review of the order. The information submitted by Tyco 
regarding a change in ownership of Manuli shows changed circumstances 
sufficient to warrant a review. See 19 CFR 351.216(c) (2003).
    In antidumping duty changed circumstances reviews involving a 
successor-in-interest determination, the Department typically examines 
several factors including, but not limited to, changes in: (1) 
management; (2) production facilities; (3) supplier relationships; and 
(4) customer base. See Brass Sheet and Strip from Canada: Notice of 
Final Results of Antidumping Administrative Review, 57 FR 20460, 20462 
(May 13, 1992) (Canadian Brass). While no single factor or combination 
of factors will necessarily be dispositive, the Department generally 
will consider the new company to be the successor to the predecessor 
company if the resulting operations are essentially the same as those 
of the predecessor company. See, e.g., Industrial Phosphoric Acid from 
Israel: Final Results of Changed Circumstances Review, 59 FR 6944, 6945 
(February 14, 1994), and Canadian Brass, 57 FR 20460. Thus, if the 
record 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 predecessor company, the Department may assign 
the new company the cash deposit rate of its predecessor. See, e.g., 
Fresh and Chilled Atlantic Salmon from Norway: Final Results of Changes 
Circumstances Antidumping Duty Administrative Review, 64 FR 9979, 9980 
(March 1, 1999). Although Tyco submitted information indicating, 
allegedly, that, with respect to subject merchandise, it operates in 
the same manner as its predecessor, that information is unclear and is 
lacking sufficient supporting documents. See Letter from the Department 
to Tyco, Re: ``Pressure Sensitive Plastic Tape from Italy: Changed 
Circumstances Review, Supplemental Questionnaire'' dated July 10, 2003. 
Concerning Tyco's request that the Department conduct an expedited 
antidumping duty changed circumstances review, 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). Because the 
Department may need to seek additional information, we find that an 
expedited action is impracticable. Therefore, the Department is not 
issuing the preliminary results of its antidumping duty changed 
circumstances review at this time.
    The Department will publish in the Federal Register a notice of 
preliminary results of antidumping duty changed circumstances review, 
in accordance with 19 CFR 351.221(b)(4) and 19 CFR 351.221(c)(3)(I). 
This notice will set forth the factual and legal conclusions upon which 
our preliminary results are based and a description of any action 
proposed based on those results. Pursuant to 19 CFR 351.221(b)(4)(ii), 
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 its antidumping duty 
changed circumstances review not later than 270 days after the date on 
which the review is initiated.
    During the course of this antidumping duty changed circumstances 
review, we will not change the cash deposit requirements for the 
merchandise subject to review. The cash deposit will only be altered, 
if warranted, pursuant to the final results of this review. This notice 
of initiation is in accordance with sections 751(b)(1) of the Act and 
19 CFR 351.221(b)(1) of the Department's regulations.

    Dated: August 18, 2003.
Jeffrey May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-21842 Filed 8-26-03; 8:45 am]
BILLING CODE 3510-DS-S