[Federal Register: November 22, 2004 (Volume 69, Number 224)]
[Notices]
[Page 67890-67891]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no04-36]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-588-046)
Notice of Final Results of Antidumping Duty Changed Circumstances
Review: Polychloroprene Rubber from Japan
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Results of Antidumping Duty Changed
Circumstances Review.
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SUMMARY: On October 21, 2004, the Department of Commerce (the
Department) published a notice of preliminary results of its changed
circumstances review of the antidumping duty finding on polychloroprene
rubber (PR) from Japan in which we preliminarily determined that Showa
Denko K.K. (SDK) is not the successor-in-interest to the joint venture
of Showa DDE Manufacturing K.K. (SDEM) and DDE Japan Kabushiki Kaisha
(DDE Japan) (collectively, SDEM/DDE Japan joint venture). See Notice of
Preliminary Results of Antidumping Duty Changed Circumstances Review:
Polychloroprene Rubber from Japan, 69 FR 61796 (October 21, 2004)
(Preliminary Results). We gave interested parties, SDK and DuPont Dow
Elastomers L.L.C. (DuPont), the petitioner in this proceeding, the
opportunity to comment on the Preliminary Results. We received a
comment from the petitioner concurring with our preliminary results. No
additional comments were received. Therefore, for these final results,
the Department is adopting its preliminary determination that SDK is
not the successor-in-interest to SDEM/DDE Japan joint venture.
EFFECTIVE DATE: November 22, 2004.
FOR FURTHER INFORMATION CONTACT: Zev Primor, AD/CVD Operations, Office
4, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone (202) 482-4114.
SUPPLEMENTARY INFORMATION:
Background
On December 6, 1973, the Department of Treasury published in the
Federal Register (38 FR 33593) the antidumping finding on PR from
Japan. On January 14, 2004, SDK submitted a letter stating that it is
the successor-in-interest to the SDEM/DDE Japan joint venture and, as
such, entitled to receive the same antidumping duty treatment
previously accorded to the joint venture (i.e., zero cash deposit). See
Notice of Final Changed Circumstances Antidumping Duty Administrative
Review: Polychloroprene Rubber from Japan, 67 FR 58 (January 2, 2002),
(Changed Circumstances). In that same letter, SDK explained that on
November 1, 2002, the SDEM/DDE Japan joint venture was dissolved. Prior
to the joint venture's dissolution, SDK and DuPont each owned 50
percent of the joint venture. SDK, therefore, requested that the
Department conduct an expedited changed circumstances review of the
antidumping duty finding on PR from Japan pursuant to section 751(b)(1)
of the Tariff Act (the Act), as amended, and 19 CFR 351.221(c)(3)(ii).
However, because the submitted record supporting SDK's claims was
deficient, the Department found that an expedited review was
impracticable and, on March 1, 2004, issued a notice of initiation
without the preliminary results. See Notice of Initiation of
Antidumping Duty Changed Circumstances Review: Polychloroprene Rubber
from Japan, 69 FR 9586 (March 1, 2004).
In response to the Department's supplemental questionnaire, on
March 10 and 19, 2004, SDK provided the Department with supplemental
questionnaire responses. Additionally, on February 4 and May 3, 2004,
DuPont notified the Department that it opposes SDK's request to be
considered the successor-in-interest to the SDEM/DDE Japan joint
venture. In particular, DuPont argued that differences between the
corporate structures, distribution channels, price structure, and
customer base preclude SDK from being considered the successor-in-
interest to the SDEM/DDE Japan joint venture.
From August 25 through August 27, 2004, the Department conducted a
verification of information in connection with this changed
circumstances review at SDK's offices in Kawasaki, Japan. On September
20, 2004, the Department issued its Verification Report. See Memorandum
from Zev Primor to the File ``Antidumping Duty Changed Circumstances
Review of Polychloroprene Rubber (PR) from Japan: Verification Report
for Showa Denko K.K. (SDK) Regarding Successorship,'' September 20,
2004 (Verification Report). On October 21, 2004, we preliminarily
determined that given the totality of the considered factors, the
record evidence demonstrates that SDK is a new entity that operates in
a significantly different manner from the SDEM/DDE Japan joint venture.
Consequently, we preliminarily determined that SDK should not be given
the same antidumping duty treatment as the joint venture, i.e., zero
percent antidumping duty cash deposit rate. Instead, SDK, as a new
entity, should continue to be assigned as its cash deposit rate the
``all others'' rate, which in this proceeding is 55 percent. See
Preliminary Results. On October 28, 2004, DuPont submitted a letter to
the Department stating that the Department's preliminary determination
that SDK is not the successor-in-interest to the SDEM/DDE Japan joint
venture is well-founded in both law and fact. On the same date, SDK
filed a letter stating that it would not comment on the preliminary
results nor participate further in the proceeding.
Scope of Review
Imports covered by this review are shipments of PR, 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 written description remains
dispositive.
Final Results of Changed Circumstances Review
DuPont's comment fully concurs with the Department's preliminary
determination and raises no additional issues. For the reasons stated
in the Preliminary Results, we continue to find that SDK is not the
successor-in-interest to SDEM/DDE Japan joint venture. We will instruct
U.S. Customs and Border
[[Page 67891]]
Protection to apply the cash deposit determination from this changed
circumstances review to all entries of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this changed circumstances review.
See Granular Polytetrafluoroethylene Resin from Italy; Final Results of
Antidumping Duty Changed Circumstances Review, 68 FR 25327 (May 12,
2003). This deposit rate shall remain in effect until publication of
the final results of the next administrative review in which SDK
participates.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable
violation.
This notice is in accordance with sections 751(b)(1) and 777(i)(1)
of the Act, and 19 CFR 351.216.
Dated: November 15, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. E4-3276 Filed 11-22-04; 8:45 am]