[Federal Register Volume 71, Number 189 (Friday, September 29, 2006)]
[Notices]
[Pages 57470-57471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16068]



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DEPARTMENT OF COMMERCE

International Trade Administration

A-588-046


Polychloroprene Rubber from Japan: Final Changed Circumstances 
Review and Determination to Revoke Finding in Part

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

EFFECTIVE DATE:  September 29, 2006.
SUMMARY: On August 11, 2006, the Department of Commerce (the 
Department) published a notice of initiation and preliminary results of 
a changed circumstances review with intent to revoke, in part, the 
antidumping duty (AD) finding on polychloroprene rubber from Japan. See 
Polychloroprene Rubber from Japan: Notice of Initiation and Preliminary 
Results of Changed Circumstances Review, and Intent to Revoke Finding 
in Part, 71 FR 46189 (August 11, 2006) (Initiation and Preliminary 
Results). We are now revoking this finding in part, with regard to 
certain polychloroprene rubber products from Japan, as described in the 
``Scope of Changed Circumstances Review'' section of this notice, based 
on the fact that domestic parties have expressed no further interest in 
the relief provided by the finding with respect to the imports of such 
products.

FOR FURTHER INFORMATION CONTACT: Maisha Cryor or Mark Manning, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street and 
Constitution Avenue, NW., Washington DC 20230; telephone (202) 482-5831 
and (202) 482-5253, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 30, 2006, the Department received a request on behalf of 
the petitioner, DuPont Performance Elastomers L.L.C. (DuPont), for 
revocation in part of the AD finding on polychloroprene rubber from 
Japan pursuant to sections 751(b)(1) and 782(h) of the Tariff Act of 
1930, as amended (the Act). DuPont requested partial revocation of the 
finding with respect to certain polychloroprene rubber products, listed 
below in the section entitled ``Scope of Changed Circumstances 
Review.'' In its June 30, 2006, submission, Dupont stated that it no 
longer has any interest in antidumping relief from imports of such 
polychloroprene rubber from Japan. On August 11, 2006, the Department 
published a notice of initiation and preliminary results of a changed 
circumstances review with intent to revoke, in part, the AD finding on 
polychloroprene rubber from Japan. See Initiation and Preliminary 
Results. The Department provided interested parties with a deadline to 
submit written comments no later than 14 days after the date of 
publication of the Initiation and Preliminary Results. Id., 71 FR at 
46190. No party commented on the Department's preliminary results of 
changed circumstances review.

Scope of Changed Circumstances Review

    The merchandise subject to DuPont's request and covered by this 
changed circumstances review is polychloroprene rubber from Japan with 
(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). This changed 
circumstances administrative review covers polychloroprene rubber from 
Japan meeting the specifications as described above. Effective upon 
publication of this final results of changed circumstances review in 
the Federal Register, the amended scope of the finding will read as 
identified in the following section of this notice:

Scope of the Finding (As Amended By These Final Results of Changed 
Circumstances)

    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 purpose. The Department's written description 
of the scope remains dispositive.
    In addition, the following types of polychloroprene rubber from 
Japan 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).

Final Results of Review; Partial Revocation of Antidumping Duty Finding

    The affirmative statement of no interest by the petitioner 
concerning certain polychloroprene rubber from Japan, as described 
herein, constitutes changed circumstances sufficient to warrant 
revocation of this finding in part. The Department received no comments 
contesting the petitioner's statement of no interest. Therefore, the 
Department is partially revoking the finding with respect to certain 
polychloroprene rubber from Japan with regard to products which meet 
the specifications detailed above, in accordance with sections 751(b) 
and (d) and 782(h) of the Act and 19 CFR 351.216(d) 351.222(g). We will 
instruct the U.S. Customs and Border Protection to liquidate without 
regard to antidumping duties, as applicable, and to refund any 
estimated antidumping duties collected for all unliquidated entries of 
certain polychloroprene rubber, meeting the specifications indicated 
above, as of the date of publication in the Federal Register of the 
final results of this changed

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circumstances review in accordance with 19 CFR 351.222(g)(4).
    This notice serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the return/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 sanctionable violation.
    This changed circumstances review, partial revocation of the AD 
duty finding and notice are in accordance with sections 751(b) and (d) 
and 782(h) of the Act and sections 351.216(e) and 351.222(g) of the 
Department's regulations.

    Dated: September 22, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-16068 Filed 9-28-06; 8:45 am]
BILLING CODE 3510-DS-S