[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Notices]
[Pages 12954-12955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1003]


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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.
SUMMARY: On January 23, 2008, the Department of Commerce (the 
Department) received a request on behalf of the petitioner, DuPont 
Performance Elastomers L.L.C. (DPE) \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.
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    \1\ DPE is the sole petitioner in this antidumping proceeding. 
See Polychloroprene Rubber From Japan: Final Results of the 
Expedited Sunset Review of the Antidumping Finding, 69 FR 64276 
(November 4, 2004).

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EFFECTIVE DATE: March 11, 2008.

FOR FURTHER INFORMATION CONTACT: Douglas Kirby, AD/CVD Operations, 
Office 6, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-3782.

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 (PCR) from Japan. On January 23, 2008, DPE 
requested revocation in part of the AD finding with respect to solid 
polychloroprenes that are dipolymers of chloroprene and methacrylic 
acid having methacrylic acid comonomer content in the 1.0 percent to 
5.0 percent range (this category does not include aqueous chloroprene/
methacrylic acid dipolymer dispersion products or solvent solutions of 
chloroprene/methacrylic acid dipolymers). In its January 23, 2008 
submission, DPE stated that it no longer has any interest in 
antidumping relief from imports of such PCR 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.

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 
4002.42.00, 4002.49.00, 4003.00.00, 4462.15.21 and 4462.00.00 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 Antidumping Finding in Part

    Pursuant to section 751(d)(1) of the Tariff Act of 1930, as amended 
(the Act), the Department may revoke, in whole or in part, an 
antidumping finding based on a review under section 751(b) of the Act 
(i.e., a changed circumstances review). Section 751(b)(1) of the Act 
requires a changed circumstances review to be conducted upon receipt of 
a request which shows changed circumstances sufficient to warrant a 
review. Pursuant to section 782(h)(2) of the Act and 19 CFR 351.222(g), 
the Department will conduct a changed circumstances review under 19 CFR 
351.216 and 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 to which the order (or the part of the order 
to be revoked) pertains have expressed a lack of interest in the relief 
provided by the order, in whole or in part. In addition, in the event 
that the Department concludes that expedited action is warranted, 19 
CFR 351.221(c)(3)(ii) permits the Department to combine the notices of 
initiation and preliminary results.
    In this case, the Department finds that the information submitted 
by Petitioner provides sufficient evidence of changed circumstances to 
warrant a review. See 19 CFR 351.216(d). DPE is the sole petitioner and 
domestic producer of PCR, and therefore accounts for all of the 
production of the domestic like product to which the order pertains.\2\ 
In addition, DPE affirms that it is no longer interested in the 
inclusion of the above products within the scope of the antidumping 
findings. See DPE's January 23, 2008 submission at page 2. Therefore, 
in accordance with sections 751(b)(1) and 751(d)(1) of the Act, and 19 
CFR 351.216 and 351.222(g), and based on the information provided by 
DPE, the Department is initiating a changed circumstances review of PCR 
from Japan to determine whether partial revocation of the AD finding is 
warranted with respect to the aforementioned certain PCR products from 
Japan. Furthermore, 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, DPE, has requested 
expedited action. Because we have concluded that expedited action is 
warranted, we are combining these notices of initiation and preliminary 
results.
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    \2\ DuPont has been the sole U.S. producer of polychloroprene 
rubber since 1998, when Bayer Group closed its polychloroprene 
rubber plant in Houston, Texas. See Polychloroprene Rubber from 
Japan, Inv. No. AA-1921-129 (Second Review), U.S. ITC Pub. 3786, at 
4-5 (June 2005).
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    Based on the expression of no interest by the sole domestic 
producer, the Department has preliminarily determined that producers 
accounting for substantially all of the production of the domestic like 
product have no further interest in the continued application of the AD 
finding on PCR that is subject to this request. See section 782(h)(2) 
of the Act. Therefore, we are notifying the public of our intent to 
revoke, in part, the AD finding as it relates to imports of certain PCR 
products from Japan.
    Accordingly, the Department intends to amend the scope of the 
finding on PCR 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 4002.42.00, 4002.49.00, 4003.00.00, 
4462.15.21 and 4462.00.00 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.
    In addition, the following type of polychloroprene rubber is 
excluded from the scope of the finding: solid polychloroprenes that are 
dipolymers of chloroprene and methacrylic acidhaving

[[Page 12955]]

methacrylic acid comonomer content in the 1.0 percent to 5.0 percent 
range (this category does not include aqueous chloroprene/methacrylic 
acid diploymer dispersion products or solvent solutions of chloroprene/
methacrylic acid dipolymers).

Public Comment

    Interest parties are invited to comment on these preliminary 
results. All written comments shall be submitted in accordance with 19 
CFR 351.303 and shall be served on all interested parties. Interested 
parties may submit case briefs and/or written comments no later than 30 
days after the date of publication of this notice. See 19 CFR 
351.309(c)(ii). Rebuttal briefs and rebuttals to written comments, 
which must be limited to issues raised in such briefs or comments, may 
be filed no later than 5 days after the time limit for filing the case 
brief. See 19 CFR 351.309(d). Parties who submit arguments are 
requested to submit with the argument (1) a statement of the issue, (2) 
a brief summary of the argument, and (3) a table of authorities. Also, 
any interested party may request a hearing within 30 days of 
publication of this notice. See 19 CFR 351.310(c). Any hearing, if 
requested, will be held 44 days after the date of publication of this 
notice, or the first working day thereafter. Persons interested in 
attending a hearing should contact the Department for the date and time 
of the hearing.
    Consistent with section 351.216(e) of the Department's regulations, 
the Department will issue the final results of this changed 
circumstances review, including the results of its analysis of issues 
raised in any written comments, no later than 270 days the date on 
which this review was initiated, or within 45 days if all parties agree 
to our preliminary finding. 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 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 notice of initiation is in accordance with sections 751(b)(1) 
and 777 of the Act and 19 CFR 351.216, 351.221, and 351.222.

    Dated: March 6, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. 08-1003 Filed 3-10-08; 8:45 am]
BILLING CODE 3510-DS-M