[Federal Register: July 23, 1999 (Volume 64, Number 141)] [Notices] [Page 39971] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr23jy99-45] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-588-046] Polychloroprene Rubber From Japan: Notice of Rescission of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of rescission of antidumping duty administrative review. ----------------------------------------------------------------------- SUMMARY: On January 25, 1999, the Department of Commerce (``the Department'') initiated an administrative review of the antidumping duty order on polychloroprene rubber from Japan for Denki Kagaku Kogyo K.K. (``Denka'') and Tosoh Corporation (``Tosoh''). See 64 FR 3682. This review was requested by the petitioner, DuPont Dow Elastomers L.L.C. (``DuPont''), and covers the period December 1, 1997 through November 30, 1998, We are now rescinding this review as a result of DuPont's timely withdrawal of its request for an administrative review for Denka and the non-shipper status of Tosoh. EFFECTIVE DATE: July 23, 1999. FOR FURTHER INFORMATION CONTACT: Nova Daly or Thomas Futtner, Group II, Office 4, Office of AD/CVD Enforcement, Import Administration, International Trade Administration, U.S. Department 0of Commence, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-0989 or 482-3814, respectively. SUPPLEMENTARY INFORMATION: Applicable Statute and Regulations Unless otherwise indicated, all citations to the statute are references to the provisions effective January 1, 1995, the effective date of the amendments to the Tariff Act of 1930 (``the Act'') by the Uruguay Round Agreements Act. In addition, unless otherwise indicated, all citations to the Department's regulations are to the current regulations as codified at 19 CFR part 351 (1998). Background On December 31, 1998, the petitioner, DuPont, requested that the Department conduct an administrative review of the antdumping duty order on polchloroprene rubber from Japan for the period December 1, 1997 through November 30, 1998, covering two producers and/or exporters: Denka and Tosoh. No other interested party requested that the Department conduct an administrative review. We published a notice of initiation of the antidumping duty administrative review for these companies on January 25, 1999 (64 FR 3682). Scope of the Review 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 for the U.S. Customs Service purposes. The written descriptions remain dispositive. Rescission of 1997/1998 Antidumping Duty Administrative Review On February 26, 1999, in response to the Department's questionnaire, Tosoh stated that it had made no shipments to the United States of the subject merchandise during the period of review (``POR''). The Department independently confirmed with the U.S. Customs Service that there were no shipments from Tosoh during the POR. Therefore, in accordance with Sec. 351.213(d)(3) of the Department's regulations, and consistent with our practice, we are treating this firm as a non-shipper for purposes of this review, and are rescinding this review with respect to Tosoh (see, e.g. Certain Welded Carbon Steel Pipe and Tube From Turkey: Final Results and Partial Rescission of Antidumping Administrative Review,, 63 FR 35190, 35191 (June 29, 1998)). On March 15, 1999, the petitioner filed a letter with the Department withdrawing its request that the Department conduct an administrative review of Denka sales. This withdrawal complies with Sec. 351.213(d)(1) of the Department's regulations which grants parties 90 days from the publication of the notice of initiation of review to withdraw their request for review. Because of the non-shipper status of one company, Tosoh, and DuPont's timely request for the termination of the review for Denka, the Department is rescinding this review in its entirety in accordance with Sec. 351.213(d) of our regulations. This notice is in accordance with section 751 of the Tariff Act and Sec. 351.213(d) of the Department's regulations. Dated: July 20, 1999. Robert S. LaRussa, Assistant Secretary for Import Administration. [FR Doc. 99-18859 Filed 7-22-99; 8:45 am] BILLING CODE 3510-DS-M