[Federal Register Volume 73, Number 189 (Monday, September 29, 2008)]
[Notices]
[Pages 56548-56550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22458]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-046]


Polychloroprene Rubber From Japan: 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 August 4, 2008, the Department of Commerce (the Department) 
received a request from 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. In its August 4, 2008 
request, DPE 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.
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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), DPE 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 (June 2005), at 4-5.

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DATES: Effective Date: September 29, 2008.

FOR FURTHER INFORMATION CONTACT: Summer Avery, AD/CVD Operations, 
Office 6, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, D.C. 20230; telephone: (202) 482-4052.

SUPPLEMENTARY INFORMATION:

Background

    On December 6, 1973, the Department of the Treasury published, in 
the Federal Register (38 FR 33593), the AD finding on polychloroprene 
rubber from Japan.
    On September 29, 2006, the Department amended the scope of the AD 
finding. Polychloroprene Rubber from Japan: Final Changed Circumstances 
Review and Determination to Revoke Finding in Part, 71 FR 57470 
(September 29, 2006). On August 4, 2008, DPE requested revocation, in 
part, of the AD finding with respect to aqueous dispersions of 2-
chlorobutadiene-1,3 homopolymers, where the polymer content of the 
dispersion is between 55 weight percent and 61 weight percent and the 
dispersed homopolymer contains less than 10 weight percent of a 
tetrahydrofuran-insoluble fraction, because DPE stated that it no 
longer has any interest in antidumping relief from those imports.

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, and

[[Page 56549]]

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.
    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 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 
include aqueous dispersions of polychloroprenes that contain comonomers 
other than 2,3-dichlorobutadiene-1,3); and (3) solid polychloroprenes 
that are dipolymers of chloroprene and2,3-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 include 
aqueous dispersions).

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 AD 
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. In 
conducting a changed circumstances review pursuant to 19 CFR 351.216, 
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 to which the order (or the part 
of the order to be revoked) pertains have expressed a lack of interest 
in the order, in whole or in part. See section 782(h)(2) of the Act and 
19 CFR 351.222(g). 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 the petitioner provides sufficient evidence of changed circumstances 
to warrant a review. 19 CFR 351.216(d). DPE is the sole petitioner and 
domestic producer of polychloroprene rubber, 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 AD 
finding. DPE's August 4, 2008 submission at page 2. Therefore, in 
accordance with sections 751(b)(1) and 751(d)(1) of the Act, and19 CFR 
351.216 and 351.222(g), and based on the information provided by DPE, 
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. 
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 the initiation and preliminary results.
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    \2\ See footnote 1.
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    Based on the expression of no interest by the sole domestic 
producer, the Department preliminarily determines 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 polychloroprene rubber that is subject to this request. 
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 polychloroprene rubber products from Japan.
    Accordingly, the Department intends to amend the scope of the AD 
finding on polychloroprene rubber from Japan to read as follows: 
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, and 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.
    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 S or lower (this category is 
limited to aqueous dispersions of these polymers and does pp include 
aqueous dispersions of these polychloroprenes 4 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 
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 ii 
include aqueous dispersions).
    In addition, the following type of polychloroprene rubber is 
excluded from the scope of the finding: aqueous dispersions of 2-
chlorobutadiene-1,3 homopolymers, where the polymer content of the 
dispersion is between 55 weight percent and 61 weight percent and the 
dispersed homopolymer contains less than 10 weight percent of a 
tetrahydrofuran-insoluble fraction.

Public Comment

    Interested 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. 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 351.3 10(c). Any hearing, if 
requested, will be held 44 days after the date of publication of this 
notice, or the first working day

[[Page 56550]]

thereafter. Persons interested in attending a hearing should contact 
the Department for the date and time of the hearing.
    Consistent with 19 CFR 35l.216(e), 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 after the date on which this review was initiated, 
or within 45 days if all parties agree to our preliminary finding. If 
final partial revocation occurs, we will instruct U.S. Customs and 
Border Protection to terminate 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 35l.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(i) of the Act and 19 CFR 351.216, 351.221, and 351.222.

    Dated: September 18, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-22458 Filed 9-26-08; 8:45 am]
BILLING CODE 3510-DS-M