[Federal Register Volume 71, Number 155 (Friday, August 11, 2006)]
[Notices]
[Pages 46189-46191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13168]


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

DEPARTMENT OF COMMERCE

International Trade Administration

A-588-046


Polychloroprene Rubber from Japan: Notice of Initiation and 
Preliminary Results of Changed Circumstances Review, and Intent to 
Revoke Antidumping Duty Finding in Part

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

EFFECTIVE DATE: August 11, 2006.
SUMMARY: On June 30, 2006, the Department of Commerce (the Department) 
received a request on behalf of the petitioner, DuPont Performance 
Elastomers L.L.C. (DuPont)\1\ for a changed circumstances review and a 
request to revoke, in part, the antidumping duty (AD) finding on 
certain polychloroprene rubber products from Japan. In its June 30, 
2006, submission, DuPont stated that it no longer has any interest in 
antidumping relief from imports of such polychloroprene rubber with 
respect to the subject merchandise defined in the ``Scope of the 
Finding'' section below. Interested parties are invited to comment on 
these preliminary results.
---------------------------------------------------------------------------

    \1\ DuPont is the sole petitioner in this antidumping 
proceeding. See Polychloroprene Rubber From Japan: Final Results of 
the Expedited Sunset Review of the Antidumping Duty Finding, 69 FR 
64276 (November 4, 2004).

FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Mark Manning, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14\th\ Street and Constitution

[[Page 46190]]

Avenue, N.W., Washington D.C. 20230; telephone (202) 482-5831 and (202) 
---------------------------------------------------------------------------
482-5253, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 6, 1973, the Department of Treasury published in the 
Federal Register (38 FR 33593) the antidumping finding on 
polychloroprene rubber from Japan. On June 30, 2006, DuPont requested 
revocation in part of the AD finding pursuant to sections 751(b)(1) and 
782(h) of the Tariff Act of 1930, as amended (the Act), with respect to 
(1) aqueous dispersions of polychloroprenes that are dipolymers of 
chloroprene and methacrylic acid, where the dispersion has a pH of 8 or 
lower (this category is limited to aqueous dispersions of these 
polymers and does not include aqueous dispersions of these 
polychloroprenes that contain comonomers other than methacrylic acid); 
(2) aqueous dispersions of polychloroprenes that are dipolymers of 
chloroprene and 2,3-dichlorobutadiene-1,3 modified with xanthogen 
disulfides, where the dispersion has a solids content of greater than 
59 percent (this category is limited to aqueous dispersions of these 
polymers and does not include aqueous dispersions of polychloroprenes 
that contain comonomers other than 2,3-dichlorobutadiene-1,3); and (3) 
solid polychloroprenes that are dipolymers of chloroprene and 2,3-
dichlorobutadiene-1,3 having a 2,3-dichlorobutadiene-1,3 content of 15 
percent or greater (this category is limited to polychloroprenes in 
solid form and does not include aqueous dispersions).

Scope of the Finding

    Imports covered by this finding are shipments of polychloroprene 
rubber, an oil resistant synthetic rubber also known as polymerized 
chlorobutadiene or neoprene, currently classifiable under items 
4002.41.00, 4002.49.00, 4003.00.00 of the Harmonized Tariff Schedule of 
the United States (HTSUS). HTSUS item numbers are provided for 
convenience and customs purposes. The Department's written description 
of the scope remains dispositive.

Initiation and Preliminary Results of Changed Circumstances Review, and 
Intent to Revoke Finding in Part

    In this case, the Department finds that the information submitted 
by DuPont provides sufficient evidence of changed circumstances to 
warrant a review. In accordance with sections 751(b)(1) and 751(d)(1) 
of the Act and 19 CFR 351.216 (b), based on the information provided by 
DuPont, the Department is initiating a changed circumstances review of 
polychloroprene rubber from Japan to determine whether partial 
revocation of the AD finding is warranted with respect to the 
aforementioned certain polychloroprene rubber products from Japan. 
Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide that 
the Department 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 have no further interest in the 
order, in whole or in part. DuPont is the sole petitioner and U.S. 
producer of polychloroprene rubber and accounts for all of the 
production of the domestic like product to which the finding 
pertains.\2\ See DuPont's June 30, 2006, submission at page 2. In 
addition, in the event the Department determines that expedited action 
is warranted, 19 CFR 351.221(c)(3)(ii) permits the Department to 
combine the notices of initiation and preliminary results.
---------------------------------------------------------------------------

    \2\ DuPont has been the sole U.S. producer of polychloroprene 
rubber since 1998, when Bayer closed its polychloroprene rubber 
plant in Houston, Texas. See Polychhloroprene Rubber from Japan, 
Inv. No. AA-1921-129 (Second Review), U.S. ITC Pub. 3786, at 4-5 
(June 2005).
---------------------------------------------------------------------------

    In accordance with sections 751(d)(1) and 782(h)(2) of the Act, and 
19 CFR 351.222(g)(l)(i), we are conducting this changed circumstances 
review because the sole petitioner and domestic producer of 
polychloroprene rubber has expressed a lack of interest in applying the 
AD finding to the specific polychloroprene rubber from Japan covered by 
this request. In accordance with 19 CFR 351.221(c)(3)(ii), we have 
determined that expedited action is warranted. Our decision to expedite 
this review stems from the fact that the sole petitioner and domestic 
producer of the subject merchandise, DuPont, requested expedited 
action.
    Based on the expression of no interest by the sole domestic 
producer, we have preliminarily determined that producers accounting 
for substantially all of the domestic like product have no interest in 
the continued application of the AD finding on polychloroprene rubber 
that is subject to this request. Therefore, we are notifying the public 
of our intent to revoke, in part, the AD finding as it relates to 
imports of certain polychloroprene rubber products from Japan.
    Therefore, we intend to amend the scope of the finding on 
polychloroprene rubber from Japan to read as follows: Imports covered 
by this review are shipments of polychloroprene rubber, an oil 
resistant synthetic rubber also known as polymerized chlorobutadiene or 
neoprene, currently classifiable under items 4002.41.00, 4002.49.00, 
4003.00.00 of the Harmonized Tariff Schedule of the United States 
(HTSUS). HTSUS item numbers are provided for convenience and customs 
purpose. The Department's written description of the scope remains 
dispositive.
    In addition, the following types of polychloroprene rubber are 
excluded from the scope of the finding: (1) aqueous dispersions of 
polychloroprenes that are dipolymers of chloroprene and methacrylic 
acid, where the dispersion has a pH of 8 or lower (this category is 
limited to aqueous dispersions of these polymers and does not include 
aqueous dispersions of these polychloroprenes that contain comonomers 
other than methacrylic acid); (2) aqueous dispersions of 
polychloroprenes that are dipolymers of chloroprene and 2,3-
dichlorobutadiene-1,3 modified with xanthogen disulfides, where the 
dispersion has a solids content of greater than 59 percent (this 
category is limited to aqueous dispersions of these polymers and does 
not include aqueous dispersions of polychloroprenes that contain 
comonomers other than 2,3-dichlorobutadiene-1,3); and (3) solid 
polychloroprenes that are dipolymers of chloroprene and 2,3-
dichlorobutadiene-1,3 having a 2,3-dichlorobutadiene-1,3 content of 15 
percent or greater (this category is limited to polychloroprenes in 
solid form and does not include aqueous dispersions).

Public Comment

    Interested parties are invited to comment on these preliminary 
results. Written comments may be submitted no later than 14 days after 
the date of publication of this notice. Rebuttals to written comments, 
limited to issues raised in such comments, may be filed no later than 
21 days after the date of publication of this notice. Also, interested 
parties may request a hearing within 14 days of publication of this 
notice. All written comments shall be submitted in accordance with 19 
CFR 351.303 and shall be served on all interested parties. The 
Department will issue the final results of this changed circumstances 
review, which will include the results of its analysis raised in any 
such written comments, no later than 270 days after the date on which 
this review was initiated, or within 45 days if all parties agree to 
our preliminary results. See 19 CFR 351.216(e).
    If final partial revocation occurs, we will instruct U.S. Customs 
and Border Protection to end the suspension of

[[Page 46191]]

liquidation for the merchandise covered by the revocation on the 
effective date of the notice of revocation and to release any cash 
deposit or bond. See 19 CFR 351.222(g)(4). The current requirement for 
a cash deposit of estimated AD duties on all subject merchandise will 
continue unless and until it is modified pursuant to the final results 
of this changed circumstances review.
    This initiation and preliminary results of review and notice are in 
accordance with sections 751(b) and 777(i) of the Act and 19 CFR 
351.216, 351.221, and 351.222.

    Dated: August 7, 2006.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E6-13168 Filed 8-10-06; 8:45 am]
BILLING CODE 3510-DS-S