[Federal Register: August 27, 2003 (Volume 68, Number 166)]
[Notices]
[Page 51557-51558]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au03-42]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-059]
Notice of Initiation of Antidumping Duty Changed Circumstances
Review: Pressure Sensitive Plastic Tape From Italy
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In accordance with section 751(b) of the Tariff Act of 1930,
as amended, (the Act) and 19 CFR 351.216 (2003), Tyco Adhesives Italia
S.p.A. (Tyco) requested that the Department of Commerce (the
Department) conduct a changed circumstances review of the antidumping
duty order on pressure sensitive plastic tape (PSPT) from Italy. In
response to this request, the Department is initiating a changed
circumstances review of the above-referenced order.
EFFECTIVE DATE: August 27, 2003.
[[Page 51558]]
FOR FURTHER INFORMATION CONTACT: Zev Primor or Maisha Cryor, AD/CVD
Enforcement, Group II, 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
or (202) 482-5831, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 3, 2003, Tyco requested that the Department conduct an
expedited changed circumstances review of the antidumping duty order on
PSPT from Italy pursuant to section 751(b)(1) of the Act and 19 CFR
351.221(c)(3)(ii). Tyco claims to be the successor-in-interest to
Manuli Autoadesivi (Manuli), based on its May 8, 2001, purchase of
Manuli Tapes\1\, and, as such, claims that it is entitled to receive
the same antidumping treatment as Manuli.
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\1\ On December 31, 1999, after merging with another company,
Manuli changed its corporate name to Manuli Tapes S.p.A.
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Scope of Review
Imports covered by the review are shipments of PSPT measuring 1 3/8
inches in width and not exceeding 4 millimeters in thickness, currently
classifiable under items 3919.90.20 and 3919.90.50 of the Harmonized
Tariff Schedule of the United States (HTSUS). HTSUS subheadings are
provided for convenience and customs purposes. The written description
remains dispositive as to the scope of the product coverage.
Initiation of Antidumping Duty Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act, the Department will
conduct a changed circumstances review upon receipt of information
concerning, or a request from an interested party for a review of, an
antidumping duty order which shows changed circumstances sufficient to
warrant a review of the order. The information submitted by Tyco
regarding a change in ownership of Manuli shows changed circumstances
sufficient to warrant a review. See 19 CFR 351.216(c) (2003).
In antidumping duty changed circumstances reviews involving a
successor-in-interest determination, the Department typically examines
several factors including, but not limited to, changes in: (1)
management; (2) production facilities; (3) supplier relationships; and
(4) customer base. See Brass Sheet and Strip from Canada: Notice of
Final Results of Antidumping Administrative Review, 57 FR 20460, 20462
(May 13, 1992) (Canadian Brass). While no single factor or combination
of factors will necessarily be dispositive, the Department generally
will consider the new company to be the successor to the predecessor
company if the resulting operations are essentially the same as those
of the predecessor company. See, e.g., Industrial Phosphoric Acid from
Israel: Final Results of Changed Circumstances Review, 59 FR 6944, 6945
(February 14, 1994), and Canadian Brass, 57 FR 20460. Thus, if the
record evidence demonstrates that, with respect to the production and
sale of the subject merchandise, the new company operates as the same
business entity as the predecessor company, the Department may assign
the new company the cash deposit rate of its predecessor. See, e.g.,
Fresh and Chilled Atlantic Salmon from Norway: Final Results of Changes
Circumstances Antidumping Duty Administrative Review, 64 FR 9979, 9980
(March 1, 1999). Although Tyco submitted information indicating,
allegedly, that, with respect to subject merchandise, it operates in
the same manner as its predecessor, that information is unclear and is
lacking sufficient supporting documents. See Letter from the Department
to Tyco, Re: ``Pressure Sensitive Plastic Tape from Italy: Changed
Circumstances Review, Supplemental Questionnaire'' dated July 10, 2003.
Concerning Tyco's request that the Department conduct an expedited
antidumping duty changed circumstances review, the Department has
determined that it would be inappropriate to expedite this action by
combining the preliminary results of review with this notice of
initiation, as permitted under 19 CFR 351.221(c)(3)(ii). Because the
Department may need to seek additional information, we find that an
expedited action is impracticable. Therefore, the Department is not
issuing the preliminary results of its antidumping duty changed
circumstances review at this time.
The Department will publish in the Federal Register a notice of
preliminary results of antidumping duty changed circumstances review,
in accordance with 19 CFR 351.221(b)(4) and 19 CFR 351.221(c)(3)(I).
This notice will set forth the factual and legal conclusions upon which
our preliminary results are based and a description of any action
proposed based on those results. Pursuant to 19 CFR 351.221(b)(4)(ii),
interested parties will have an opportunity to comment on the
preliminary results of review. In accordance with 19 CFR 351.216(e),
the Department will issue the final results of its antidumping duty
changed circumstances review not later than 270 days after the date on
which the review is initiated.
During the course of this antidumping duty changed circumstances
review, we will not change the cash deposit requirements for the
merchandise subject to review. The cash deposit will only be altered,
if warranted, pursuant to the final results of this review. This notice
of initiation is in accordance with sections 751(b)(1) of the Act and
19 CFR 351.221(b)(1) of the Department's regulations.
Dated: August 18, 2003.
Jeffrey May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-21842 Filed 8-26-03; 8:45 am]