[Federal Register Volume 69, Number 40 (Monday, March 1, 2004)]
[Notices]
[Pages 9586-9587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4496]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-588-046)


Notice of Initiation of Antidumping Duty Changed Circumstances 
Review: Polychloroprene Rubber from Japan

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

ACTION: Notice of Initiation of Antidumping Duty Changed Circumstances 
Review.

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SUMMARY: In accordance with section 751(b) of the Tariff Act of 1930, 
as amended, (the Act) and 19 CFR 351.216 (2003), Showa Denko K.K. (SDK)

[[Page 9587]]

requested that the Department of Commerce (the Department) conduct an 
expedited changed circumstances review of the antidumping duty finding 
on polychloroprene rubber (PR) from Japan. In response to this request, 
the Department is initiating a changed circumstances review of the 
above-referenced finding.

EFFECTIVE DATE: March 1, 2004.

FOR FURTHER INFORMATION CONTACT: Zev Primor, 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.

SUPPLEMENTARY INFORMATION:

Background

    On December 6, 1973, the Department of Treasury published in the 
Federal Register (38 FR 33593) the antidumping finding on PR from 
Japan. On January 14, 2004, SDK submitted a letter stating that they 
are the successor-in-interest to Showa DDE Manufacturing K.K. (SDEM) 
and DDE Japan Kabushiki Kaisha (DDE Japan) (collectively, SDEM/DDE 
Japan) and, as such, entitled to receive the same antidumping treatment 
as these companies have been accorded. Accordingly, SDK requested that 
the Department conduct an expedited changed circumstances review of the 
antidumping duty finding on PR from Japan pursuant to section 751(b)(1) 
of the Act and 19 CFR 351.221(c)(3)(ii) of the Department's 
regulations.

Scope of Review

    Imports covered by this review are shipments of PR, an oil 
resistant synthetic rubber also known as polymerized chlorobutadiene or 
neoprene, currently classifiable under items 4002.41.00, 4002.49.00, 
4003.00.00 of the Harmonized Tariff Schedule of the United States 
(HTSUS). HTSUS item numbers are provided for convenience and customs 
purpose. The Department's written description of the scope remains 
dispositive.

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 finding which shows changed circumstances sufficient 
to warrant a review of the order. Information submitted by SDK 
regarding a change in ownership of the prior SDEM/DDE Japan joint 
venture shows changed circumstances sufficient to warrant a review. See 
19 CFR 351.216(d).
    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 SDK submitted information indicating, 
allegedly, that with respect to subject merchandise, it operates in the 
same manner as its predecessor, SDEM/DDE Japan, the Department has 
determined that the submitted information is deficient and is currently 
in the process of collecting supplemental information.
    Concerning SDK'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 
submitted record supporting SDK's claims is deficient, the Department 
finds that an expedited proceeding 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).

    Dated: February 23, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-4496 Filed 2-27-04; 8:45 am]
BILLING CODE 3510-DS-S