[Federal Register Volume 69, Number 91 (Tuesday, May 11, 2004)]
[Notices]
[Pages 26068-26069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-1074]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-059]


Pressure Sensitive Plastic Tape From Italy; Final Results of the 
Second Sunset Review of Antidumping Duty Finding

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

ACTION: Notice of final results of the second expedited sunset review 
of antidumping finding on pressure sensitive plastic tape from Italy.

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SUMMARY: On January 2, 2004, the Department of Commerce (``the 
Department'') published the notice of initiation of sunset review on 
Pressure Sensitive Plastic Tape (``PSPT'') from Italy. On the basis of 
the notice of intent to participate, and adequate substantive comments 
filed on behalf of a domestic interested party and inadequate response 
(in this case, no response) from respondent interested parties, we 
determined to conduct an expedited (120-day) sunset review. As a result 
of this review, we find that revocation of the antidumping duty finding 
would be likely to lead to continuation or recurrence of dumping at the 
levels listed below in the section entitled ``Final Results of 
Review.''

EFFECTIVE DATE: May 11, 2004.

[[Page 26069]]


FOR FURTHER INFORMATION CONTACT: Alessandra Cortez or Ozlem Koray, 
Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5925 or (202) 482-3675.

SUPPLEMENTARY INFORMATION:

Background

    On January 2, 2004, the Department published the notice of 
initiation of sunset review of the antidumping duty finding on PSPT 
from Italy pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the ``Act'').\1\ The Department received the notice of intent 
to participate on behalf of 3M Company (``3M''), a domestic interested 
party, within the deadline specified in section 351.218(d)(1)(I) of the 
Department's Regulations (``Sunset Regulations''). 3M claimed 
interested party status under section 771(9)(C) of the Act as a U.S. 
producer of a domestic like product. We received a complete substantive 
response from 3M within the 30-day deadline specified in the Sunset 
Regulations under section 351.218(d)(3)(i).
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    \1\ Initiation of Five-Year (Sunset) Reviews, 69 FR 50 (January 
2, 2004).
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    We did not receive a substantive response from any interested party 
respondents in this proceeding. As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department conducted an expedited (120-day) sunset review of this 
finding.

Scope of Review

    The products covered in this review are shipments of PSPT measuring 
over one and three-eights inches in width and not exceeding four 
millimeters in thickness. The above described PSPT is classified under 
HTS subheading 3919.90.50.\2\ On May 7, 1992, the Department issued a 
scope ruling on highlighting ``note tape'' and determined that it was 
not within the scope of the finding. See Scope Rulings, 57 FR 19602 
(May 7, 1992). The HTS subheadings are provided for convenience and for 
customs purposes. The written description remains dispositive.
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    \2\ HTS number 3919.90.20 was incorrectly included in the first 
sunset review, but later determined to be an invalid number. 
Pressure Sensitive Plastic Tape From Italy, USITC Pub. 3157, p. I-4, 
fn. 8 (February 1999).
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Analysis of Comments Received

    All issues raised in this case by 3M are addressed in the ``Issues 
and Decision Memorandum'' (``Decision Memo'') from Ronald K. Lorentzen, 
Acting Director, Office of Policy, Import Administration, to James J. 
Jochum, Assistant Secretary for Import Administration, dated May 3, 
2004, which is hereby adopted by this notice. The issues discussed in 
the Decision Memo include the likelihood of continuation or recurrence 
of dumping and the magnitude of the margin likely to prevail if the 
finding were to be revoked. Parties can find a complete discussion of 
all issues raised in this review and the corresponding recommendations 
in this public memorandum, which is on file in room B-099 of the main 
Commerce Building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn, under the 
heading ``May 2004.'' The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty finding on 
PSPT from Italy would be likely to lead to continuation or recurrence 
of dumping at the following percentage weighted-average margins:

------------------------------------------------------------------------
                                                                 Margin
   Italy manufacturers/exporters/producers weighted average     percent
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Comet SARA, S.p.A............................................         10
Manuli Autoadesivi (Manuli)..................................        *10
All Others...................................................        10
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* Tyco Adhesives Italia S.p.A became a successor-in-interest company to
  Manuli Tapes S.p.A. See Final Results of Antidumping Duty Changed
  Circumstances Review: Pressure Sensitive Plastic Tape from Italy, 69
  FR 15297 (March 25, 2004).

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: May 3, 2004.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
 [FR Doc. E4-1074 Filed 5-10-04; 8:45 am]
BILLING CODE 3510-DR-P