[Federal Register Volume 69, Number 58 (Thursday, March 25, 2004)]
[Notices]
[Pages 15297-15298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6718]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-059]


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

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

ACTION: Notice of final results of Antidumping Duty Changed 
Circumstances Review.

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SUMMARY: On February 2, 2004, the Department of Commerce (the 
Department) published a notice of preliminary results of changed 
circumstances review of the antidumping duty order on pressure 
sensitive plastic tape (PSPT) from Italy in which we preliminarily 
determined that Tyco Adhesives Italia S.p.A. (Tyco) is a successor-in-
interest company to Manuli Tapes S.p.A. (Manuli). See Notice of 
Preliminary Results of Antidumping Duty Changed Circumstances Review: 
Pressure Sensitive Plastic Tape from Italy, 69 FR 4922 (February 2, 
2004) (Notice of Preliminary Results). We gave interested parties an 
opportunity to comment on the preliminary results, but received no 
comments. Therefore, the final results do not differ from the 
preliminary results of review.

EFFECTIVE DATE: March 25, 2004.

FOR FURTHER INFORMATION CONTACT: Zev Primor or Mark Manning, 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) 482-5253, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 3, 2003, Tyco requested that the Department conduct a 
changed circumstances review of the antidumping duty order on PSPT from 
Italy pursuant to section 751(b)(1) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.221(c)(3)(ii)(2003). Tyco claims to 
be the successor-in-interest to Manuli Tapes, S.p.A.,\1\ and, as such, 
claims that it is entitled to receive the same antidumping treatment as 
Manuli. On August 7, 2003, at the request of the Department, Tyco 
submitted additional information and documentation pertaining to its 
changed circumstances request. From November 12 through November 15, 
2003, the Department conducted a verification of the information 
pertaining to this changed circumstances review at Tyco's offices in 
Novara and Tyco's plant in Formia, both located in Italy.
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    \1\ On December 31, 1999, after merging with another company, 
Manuli Autoadesivi S.p.A. changed its corporate name to Manuli Tapes 
S.p.A.
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    On February 2, 2004, the Department published the preliminary 
results of review and invited interested parties to comment. See Notice 
of Preliminary Results. We received no comments.

Scope of Review

    Imports covered by the review are shipments of PSPT measuring over 
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.

Final Results of Review

    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.

[[Page 15298]]

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 Changed 
Circumstances Antidumping Duty Administrative Review, 64 FR 9979, 9980 
(March 1, 1999).
    We have examined the information provided by Tyco and determined 
that Tyco is the successor-in-interest to Manuli. Tyco's acquisition of 
Manuli has precipitated minimal changes to the original Manuli 
corporate structure. Tyco's management, production facilities, supplier 
relationships, sales facilities and customer base are essentially 
unchanged from those of Manuli's. Therefore, the record evidence 
demonstrates that the new entity essentially operates in the same 
manner as the predecessor company. Consequently, we determined that 
Tyco should receive the same antidumping duty treatment as Manuli, 
i.e., zero percent antidumping duty cash deposit rate.
    The cash deposit determination from this changed circumstances 
review will apply to all shipments of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this changed circumstances review. 
See Granular Polytetrafluoroethylene Resin from Italy; Final Results of 
Antidumping Duty Changed Circumstances Review, 68 FR 25327 (May 12, 
2003). This deposit rate shall remain in effect until publication of 
the final results of the next administrative review in which Tyco 
participates.

Notification

    This notice serves as a final reminder to parties to administrative 
protective orders (APOs) of their responsibility concerning the 
disposition of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305(a)(5). Failure to timely notify the 
Department in writing of the return/destruction of APO material is a 
sanctionable violation.
    This notice is in accordance with sections 751(b) and 777(i)(1) of 
the Act, and section 351.221(c)(3)(i) of the Department's regulations.

    Dated: March 19, 2004.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-6718 Filed 3-24-04; 8:45 am]
BILLING CODE 3510-DS-P