[Federal Register Volume 61, Number 67 (Friday, April 5, 1996)]
[Notices]
[Pages 15221-15222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8365]
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DEPARTMENT OF COMMERCE
[A-588-046]
Polychloroprene Rubber From Japan; Preliminary Results and
Termination In-Part of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of preliminary results and termination in-part of
Antidumping Duty Administrative Review.
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SUMMARY: The Department of Commerce has conducted an administrative
review of the antidumping finding on polychloroprene rubber from Japan.
Interested parties are invited to comment on these preliminary results
and termination in-part. Parties who submit argument in this proceeding
are requested to submit with the argument (1) a statement of the issue,
and (2) a brief summary of the argument.
EFFECTIVE DATE: April 5, 1996.
FOR FURTHER INFORMATION CONTACT: Roy F. Unger, Jr. or Thomas Futtner,
Office of Antidumping Compliance, Import Administration, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-0651
or 482-3814.
[[Page 15222]]
SUPPLEMENTARY INFORMATION:
Background
On December 6, 1973, the Department of the Treasury published in
the Federal Register (38 FR 35393) the antidumping finding on
polychloroprene rubber (rubber) from Japan. On December 6, 1994, the
Department of Commerce (the Department) published a notice of
``Opportunity to Request Administrative Review'' (59 FR 62710). On
December 29, 1994, the petitioner, E. I. Du Pont de Nemours & Company,
Inc. (Du Pont), requested that we conduct an administrative review for
the period December 1, 1993, through November 30, 1994, covering eight
producers and/or exporters: Denki Kaguku, K.K. (Denki), Denki/Hoei
Sangyo Co., Ltd. (Denki/Hoei Sangyo), Mitsui Bussan K.K. (Mitsui
Bussan), Showa Neoprene K.K. (Showa), Showa/Hoei Sangyo Co., Ltd.
(Showa/Hoei Sangyo), Suzugo Corporation (Suzugo), Tosoh Corporation
(Tosoh) (formerly Toyo Soda), and Tosoh/Hoei Sangyo Co., Ltd. (Tosoh/
Hoei Sangyo).
We published a notice of initiation of the antidumping
administrative review on these companies on January 13, 1995 (60 FR
3192). The Department has now conducted the administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended.
Applicable Statute and Regulations
The Department has conducted this administrative review in
accordance with section 751 of the Tariff Action 1930, as amended (the
Tariff Act). Unless otherwise indicated, all citations to the statute
and to the Department's regulations refer to the provisions as they
existed on December 31, 1994.
Scope of the Review
Imports covered by the review are shipments of polychloroprene
rubber, an oil resistance 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. HTS item
numbers are provided for convenience and for Customs purposes. The
written descriptions remain dispositive.
Preliminary Results and Termination In-Part of Review
Denki, Mitsui Bussan, and Tosoh responded that they had no
shipments during the period of review (POR). The petitioner withdrew
its review request for Showa. Therefore, we are terminating in-part
this administrative review with respect to Showa.
We were unable to locate the remaining companies, Denki/Hoei
Sangyo, Showa/Hoei Sangyo, Suzugo, and Tosoh/Hoei Sangyo, in spite of
requests for assistance from various sources including the American
Embassy in Tokyo, the Japanese Embassy in Washington, D.C., and the
U.S. Customs Service. Therefore, we were unable to conduct
administrative reviews for these firms, and upon issuance of the final
results we will instruct the U.S. Customs Service to continue to assess
any entries by these firms at the rate determined by the last completed
administrative review on November 26, 1984 (49 FR 46454) (see Certain
Fresh Cut Flowers from Colombia; Preliminary Results of Antidumping
Duty Administrative Review, Partial Termination of Administrative
Reviews, and Notice of Intent to Revoke Order (In Part) (``Flowers from
Colombia''), 60 FR 30271 (June 8, 1995)).
The U.S. Customs Service verified that none of the respondents had
entries of subject merchandise during the POR. Because Denki, Mitsui
Bussan, and Tosoh, had no shipments of this merchandise to the United
States during the POR, the Department has preliminarily assigned each
of them the cash deposit rate determined for that company in the last
completed administrative review (see Flowers from Colombia). We have
preliminarily determined that the following margins exist for the POR:
------------------------------------------------------------------------
Percent
Manufacturer/producer/exporter margin
------------------------------------------------------------------------
Denki......................................................... \1\ 0.00
Mitsui Bussan................................................. \1\ 0.00
Tosoh......................................................... \1\ 0.00
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\1\ No shipments during the POR. Rate is from the last administrative
review in which there were shipments.
Furthermore, the following deposit requirements will be effective
for all shipments of the subject merchandise, entered, or withdrawn
from warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided for by section
751(a)(1) of the Tariff Act: (1) The cash deposit rate for the reviewed
companies will be those rates established in the final results of this
review; (2) The cash deposit rate for subject merchandise exported by
manufacturers or exporters not covered in this review, but covered in
previous reviews or in the original less-than-fair-value (LTFV)
investigation, will be based upon the most recently published rate in a
final result or determination for which the manufacturer or exporter
received a company-specific rate; (3) The cash deposit rate for subject
merchandise exported by an exporter not covered in this review, a prior
review, or the original investigation, but where the manufacturer of
the merchandise has been covered by this or a prior final results or
determination, will be based upon the most recently published company-
specific rate for that manufacturer; and (4) The cash deposit rate for
merchandise exported by all other manufacturers and exporters, who are
not covered by these or any previous administrative review conducted by
the Department, will be the ``all others'' rate established in the
original LTFV investigation.
These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review. Interested parties may request disclosure within five days of
the date of publication of this notice, and may request a hearing
within 10 days of the date of publication. Any hearing, if requested,
will be held as early as convenient for the parties but not later than
44 days after the date of publication or the first workday thereafter.
Case briefs or other written comments from interested parties may be
submitted not later than 30 days after the date of publication of this
notice. Rebuttal briefs and rebuttal comments, limited to issues raised
in the case briefs, may be filed not later than 37 days after the date
of publication. The Department will publish the final results of this
administrative review, including its results of its analysis of issues
raised in any such written comments.
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 353.26 to file a certificate regarding the
reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This administrative review and notice are in accordance with
section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 CFR
353.22.
Dated: March 21, 1996.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 96-8365 Filed 4-4-96; 8:45 am]
BILLING CODE 3510-DS-P
