[Federal Register Volume 69, Number 213 (Thursday, November 4, 2004)]
[Notices]
[Pages 64276-64277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3014]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-046]


Polychloroprene Rubber From Japan: Final Results of the Expedited 
Sunset Review of the Antidumping Duty Finding

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

ACTION: Notice of final results of the expedited sunset review of the 
antidumping duty finding: polychoroprene rubber from Japan.

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SUMMARY: On July 1, 2004, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty finding 
on certain polychloroprene rubber from Japan.\1\ On the basis of the 
notice of intent to participate and substantive comments filed on 
behalf of the domestic interested party, and inadequate response (in 
this case waiver of participation) from respondent interested parties, 
the Department determined to conduct an expedited sunset review of the 
antidumping duty finding pursuant to section 751(c)(3)(B) of the Tariff 
Act of 1930, as amended (``the Act'') and section 
351.218(e)(1)(ii)(C)(2) of the Department's regulations.\2\ As a result 
of this sunset review, the Department determined 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''.
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    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 69 FR 
39905 (July 1, 2004) (``Notice of Initiation'').
    \2\ The Department received a statement of waiver of 
participation of the five-year sunset review from Showa Denko L.L. 
(``SDK''). See letter to James J. Jochum, Assistant Secretary for 
Import Administration, July 30, 2004.

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EFFECTIVE DATE: November 4, 2004.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Office of Policy, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street & Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-5050.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2004, the Department initiated a sunset review of the 
antidumping duty finding on polychloroprene rubber from Japan in 
accordance with section 751(c) of the Act. See Notice of Initiation, 69 
FR 39905 (July 1, 2004).
    The Department received a Notice of Intent to Participate within 
the applicable deadline specified in section 351.218(d)(1)(i) of the 
Department's regulations on behalf of DuPont Dow Elastomers L.L.C. 
(``DDE'').\3\ DDE claimed interested party status as a domestic 
producer of polychloroprene rubber from Japan.
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    \3\ DDE stated that it succeeds E.I. DuPont De Nemours & Company 
(``DuPont''), Petitioner in this antidumping proceeding. DuPont was 
the original Petitioner in the original investigation of 
polychloroprene rubber from Japan.
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    The Department received complete substantive responses from the 
domestic interested party within the 30-day deadline specified in the 
Department's regulations under section 351.218(d)(3)(i). However, the 
Department did not receive adequate responses from respondent 
interested parties to 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 sunset review of this antidumping 
duty finding.

Scope of the Antidumping Duty Finding

    Imports covered by this sunset review are shipments of 
polychloroprene rubber, an oil resistant synthetic rubber also known as 
polymerized chlorobutadiene or neoprene, currently classifiable under 
items 4002.42.00, 4002.49.00, 4003.00.00, 4462.15.21 and 4462.00.00 of 
the Harmonized Tariff Schedule (``HTS''). The HTS item numbers are 
provided for convenience and customs purposes. The written descriptions 
remain dispositive.

Analysis of Comments Received

    All issues raised in this sunset review 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 
October 29, 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 antidumping duty finding were revoked. Parties can find 
a complete discussion of all issues raised in this sunset 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 ``November 2004''. The paper copy and electronic version of the 
Decision Memo are identical in content.

Final Results of Review

    The Department determines that revocation of the antidumping duty 
finding on polychloroprene rubber from Japan would be likely to lead to 
continuation or recurrence of dumping at the following weighted-average 
margins:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
             Manufacturers/producers/exporter's                 margin
                                                              (percent)
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Denki Kaguku Kogyo K.K.....................................         0.00
Denki Kaguku Kogyo, K.K./Hoei Sangyo Co., Ltd..............        55.00
Suzugo Corporation.........................................        55.00
All Others.................................................        55.00
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[[Page 64277]]

    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. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is 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: October 29, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
 [FR Doc. E4-3014 Filed 11-3-04; 8:45 am]
BILLING CODE 3510-DS-P