[Federal Register Volume 70, Number 247 (Tuesday, December 27, 2005)]
[Notices]
[Pages 76468-76469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7823]


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INTERNATIONAL TRADE COMMISSION


Request for Comments Concerning the Institution of a Section 
751(B) Review Investigation on Polychloroprene Rubber From Japan

AGENCY: United States International Trade Commission.

ACTION: Request for comments regarding the institution of a section 
751(b) review investigation concerning the Commission's affirmative 
determination in investigation No. AA1921-129, Polychloroprene Rubber 
from Japan.

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SUMMARY: The Commission invites comments from the public on whether 
changed circumstances exist sufficient to warrant the institution of an 
investigation pursuant to section 751(b) of the Tariff Act of 1930 (19 
U.S.C. 1675(b)) (the Act) to review the Commission's affirmative 
determination in investigation No. AA1921-129. The purpose of the 
proposed review investigation is to determine whether revocation of the 
existing antidumping finding on imports of polychloroprene rubber from 
Japan is likely to lead to continuation or recurrence of material 
injury to an industry in the United States (19 U.S.C. 1675(b)(2)(A)). 
Polychloroprene rubber is provided for in subheadings 4002.41, 4002.49, 
and 4003.00 of the Harmonized Tariff Schedule of the United States.

EFFECTIVE DATE: December 27, 2005.

FOR FURTHER INFORMATION CONTACT: George Deyman (202-205-3197), Office 
of Investigations, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (http://www.usitc.gov). The public record for this 
proposed investigation may be viewed on the Commission's electronic 
docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--On July 31, 1973, the Treasury Department (Treasury) 
determined that imports of polychloroprene rubber from Japan are being 
sold in the United States at less than fair value (LTFV) within the 
meaning of the Antidumping Act, 1921, as amended (19 U.S.C. 160 et 
seq.) (38 FR 20630, August 2, 1973), and on October 31, 1973, the 
Commission determined, within the meaning of the Antidumping Act, 1921, 
as amended, that an industry in the United States is being, or is 
likely to be, injured by reason of imports of such LTFV merchandise. 
Accordingly, Treasury ordered that antidumping duties be imposed on 
such imports (38 FR 33593, December 6, 1973). On December 8, 1998, the 
Commerce Department (Commerce) determined that revocation of the 
antidumping finding on polychloroprene rubber from Japan would be 
likely to lead to continuation or recurrence of dumping (63 FR 67656, 
December 8, 1998), and on July 30, 1999, the Commission determined that 
revocation of the antidumping finding would be likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time (64 FR 41458, July 
30, 1999, and 64 FR 42962, August 6, 1999). Accordingly, Commerce 
ordered that the antidumping finding be continued (64 FR 47765, 
September 1, 1999). On November 4, 2004, Commerce determined that 
revocation of the antidumping finding on polychloroprene rubber from 
Japan would be likely to lead to continuation or recurrence of dumping 
(69 FR 64276, November 4, 2004), and on July 21, 2005, the Commission 
determined that revocation of the antidumping finding would be likely 
to lead to continuation or recurrence of material injury to an industry 
in the United States within a reasonably foreseeable time (70 FR 42101, 
July 21, 2005). Accordingly, Commerce again ordered that the 
antidumping finding be continued (70 FR 44893, August 4, 2005).
    On November 22, 2005, the Commission received a request to review 
its affirmative determination in investigation No. AA-1921-129 pursuant 
to section 751(b) of the Act (19 U.S.C. 1675(b)). The request was filed 
by The Gates Corp. (Gates), Denver, CO. Gates alleges that the October 
2005 announcement by the Italian firm Polimeri Europa (``Polimeri''), 
one of the world's largest producers of polychloroprene rubber, that it 
was permanently closing its sole manufacturing plant is a fundamental 
change that constitutes changed circumstances sufficient to warrant 
review of the antidumping finding. Specifically, Gates contends that 
this development ``represents a very important change in the status 
quo,'' that the loss of a supplier of this magnitude will have a major 
impact on the availability of supply and conditions of competition of 
polychloroprene rubber, that continuation of the antidumping finding 
undermines access to polychloroprene rubber, and that revocation of the 
antidumping finding is not likely to result in the continuation or 
recurrence of material injury to the domestic polychloroprene rubber 
industry.
    Written comments requested.--Pursuant to section 207.45(b) of the 
Commission's Rules of Practice and Procedure, the Commission requests 
comments concerning whether the alleged changed circumstances, brought 
about by the closing of Polimeri's sole polychloroprene rubber plant, 
are sufficient to warrant institution of a review investigation.
    Written submissions.--Comments must be filed with the Secretary to 
the Commission no later than 45 days after the date of publication of 
this notice in the Federal Register. All written submissions must 
conform with the provisions of section 201.8 of the Commission's rules; 
any submissions that contain business proprietary information must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's rules do not authorize filing 
of submissions with the Secretary by facsimile or electronic means, 
except to the extent permitted by section 201.8 of the Commission's 
rules, as amended, 67 FR 68036 (November 8, 2002). Even where 
electronic filing of a document is permitted, certain documents must 
also be filed in paper form, as specified in II(C) of the Commission's 
Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 
8, 2002).
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigation must be 
served on all other parties to the investigation (as identified by 
either the public or BPI service list), and a certificate of service 
must be

[[Page 76469]]

timely filed. The Secretary will not accept a document for filing 
without a certificate of service.

    Authority: This notice is published pursuant to section 207.45 
of the Commission's rules.

    Issued: December 20, 2005.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E5-7823 Filed 12-23-05; 8:45 am]
BILLING CODE 7020-02-P