[Federal Register Volume 69, Number 46 (Tuesday, March 9, 2004)]
[Notices]
[Pages 10980-10981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5278]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-805]


Extruded Rubber Thread from Malaysia: Notice of Initiation of 
Changed Circumstances Review of the Antidumping Duty Order, Preliminary 
Results of Changed Circumstances Review, and Intent To Revoke 
Antidumping Duty Order

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

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

-----------------------------------------------------------------------

SUMMARY: In accordance with 19 CFR 351.216(b), Heveafil Sdn Bhd., 
Filmax Sdn. Bhd., and Heveafil USA Inc. (collectively ``Heveafil''), a 
producer/exporter of subject merchandise and an interested party in 
this proceeding, filed a request for a changed circumstances review of 
the antidumping duty order on extruded rubber thread from Malaysia, as 
described below. In response to this request, the Department of 
Commerce is initiating a changed circumstances review and issuing a 
notice of intent to revoke the antidumping duty order on extruded 
rubber thread from Malaysia. Interested parties are invited to comment 
on these preliminary results.

EFFECTIVE DATE: March 9, 2004.

FOR FURTHER INFORMATION CONTACT: Irina Itkin or Elizabeth Eastwood, 
Office 2, AD/CVD Enforcement Group I, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone: 
(202) 482-0656 or (202) 482-3874, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 7, 1992, the Department published in the Federal 
Register the antidumping duty order on extruded rubber thread from 
Malaysia. See Antidumping Duty Order and Amendment of Final 
Determination of Sales at Less Than Fair Value: Extruded Rubber Thread 
From Malaysia, 57 FR 46150 (Oct. 7, 1992). On January 23, 2004, 
Heveafil, a producer/exporter of subject merchandise and an interested 
party in this proceeding, requested that the Department revoke the 
antidumping duty order on extruded rubber thread from Malaysia through 
a changed circumstances review. According to Heveafil, one of the two 
U.S. companies producing the domestic like product, Globe Manufacturing 
Co., exited the extruded rubber thread business on March 17, 2000, 
leaving the other company, North American Rubber Thread Co., Inc. 
(North American), as the sole U.S. producer. Heveafil also asserted 
that in August 2003 North American filed Chapter 7 bankruptcy and 
ceased all business operations. Additionally, Heveafil asserted that 
although a third company, Thai Rubber Latex Corporation, purchased the 
assets of North American, it is moving much of the purchased production 
equipment to Thailand and has indicated that the remaining machinery 
will not be used for production. Based on these events, Heveafil 
contends that there is no longer any U.S. production of the domestic 
like product, and a changed circumstances review and revocation of the 
order are warranted.

Scope of the Review

    The product covered by this review is extruded rubber thread. 
Extruded rubber thread is defined as vulcanized rubber thread obtained 
by extrusion of stable or concentrated natural rubber latex of any 
cross sectional shape, measuring from 0.18 mm, which is 0.007 inch or 
140 gauge, to 1.42 mm, which is 0.056 inch or 18 gauge, in diameter. 
Extruded rubber thread is currently classifiable

[[Page 10981]]

under subheading 4007.00.00 of the Harmonized Tariff Schedule of the 
United States (HTSUS). The HTSUS subheadings are provided for 
convenience and customs purposes. The written description of the scope 
of this review is dispositive.

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

    Pursuant to sections 751(d)(1) and 782(h)(2) of the Tariff Act of 
1930, as amended (the Act), the Department may revoke an antidumping or 
countervailing 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 review to be conducted upon 
receipt of a request which shows changed circumstances sufficient to 
warrant a review. Section 351.222(g) of the Department's regulations 
provides that the Department will conduct a changed circumstances 
review under 19 CFR 351.216 and may revoke an order (in whole or in 
part) if it determines that producers accounting for substantially all 
of the production of the domestic like product to which the order (or 
the part of the order to be revoked) pertains have expressed a lack of 
interest in the relief provided by the order, in whole or in part, or 
if changed circumstances exist sufficient to warrant revocation. In 
addition, in the event that the Department concludes that expedited 
action is warranted, 19 CFR 351.221(c)(3)(ii) permits the Department to 
combine the notices of initiation and preliminary results.
    In this case, the Department finds that the information submitted 
provides sufficient evidence of changed circumstances to warrant a 
review. Therefore, in accordance with sections 751(d)(1) and 782(h)(2) 
of the Act, and 19 CFR 351.216 and 351.222(g), based on the information 
provided by Heveafil, we are initiating this changed circumstances 
review. Furthermore, since the information on record indicates there is 
no longer any U.S. production of the domestic like product, we 
determine that expedited action is warranted and we preliminarily 
determine that the continued relief provided by the order with respect 
to extruded rubber thread from Malaysia is no longer of interest to 
domestic interested parties. Because we have 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 with respect to imports 
of extruded rubber thread from Malaysia.
    If we make a final determination to revoke, we intend to instruct 
U.S. Customs and Border Protection (CBP) to liquidate without regard to 
antidumping duties, and to refund any estimated antidumping duties 
collected for all entries of extruded rubber thread from Malaysia, made 
on or after October 1, 2003, the first day of the most recent period of 
administrative review and the only period for which an administrative 
review has not been completed, in accordance with 19 CFR 351.222. We 
will also instruct CBP to pay interest on such refunds in accordance 
with section 778 of the Act. The current requirement for a cash deposit 
of estimated antidumping duties on extruded rubber thread from Malaysia 
will continue unless and until we publish a final determination to 
revoke.

Public Comment

    Interested parties are invited to comment on these preliminary 
results. Parties who submit argument in this proceeding are requested 
to submit with the argument: (1) a statement of the issue, and (2) a 
brief summary of the argument. Any interested party may request a 
hearing within 10 days of the date of publication of this notice. Any 
hearing, if requested, will be held no later than 25 days after the 
date of publication of this notice, or the first workday thereafter. 
Case briefs may be submitted by interested parties not later than 15 
days after the date of publication of this notice. Rebuttal briefs, 
limited to the issues raised in the case briefs, may be filed not later 
than 20 days after the date of publication of this notice. All written 
comments shall be submitted in accordance with 19 CFR 351.303. 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.
    This notice is in accordance with sections 751(b)(1) and 777(i)(1) 
of the Act and 19 CFR 351.216 and 351.222.

    Dated: March 3, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-5278 Filed 3-8-04; 8:45 am]
BILLING CODE 3510-DS-S