Polychloroprene Rubber From Japan; Preliminary Results and Partial Termination of Antidumping Administrative Review

DEPARTMENT OF COMMERCE

[A-588-047]

Polychloroprene Rubber From Japan; Preliminary Results and

Partial Termination of Antidumping Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of Preliminary Results and Partial Termination of

Antidumping Duty Administrative Review.

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SUMMARY: The Department of Commerce is partially terminating the

administrative review of the antidumping finding on polychloroprene

rubber from Japan with respect to Denki Kaguku Kogyo K.K. (Denki),

Tosoh Corporation (Tosoh), and Mitsui Bussan K.K. (Mitsui Bussan) This

review covers shipments of this merchandise to the United States during

the period December 1, 1994, through November 30, 1995, for five other

manufacturers/exporters.

EFFECTIVE DATE: September 11, 1996.

FOR FURTHER INFORMATION CONTACT:

Roy F. Unger, Jr. or Thomas F. Futtner, 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.

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, 1995, the

Department of Commerce (the Department) published a notice of

``Opportunity to Request Administrative Review'' (60 FR 62071). On

January 11, 1996, the petitioner, E. I. Du Pont de Nemours & Company,

Inc. (Du Pont), requested that we conduct an administrative review for

the period December 1, 1994, through November 30, 1995, covering eight

producers and/or exporters: Denki, Denki/Hoei Sangyo Co., Ltd. (Denki/

Hoei Sangyo), Mitsui Bussan, Showa Neoprene K.K. (Showa), Showa/ Hoei

Sangyo Co., Ltd. (Showa/Hoei Sangyo), Suzugo Corporation (Suzugo),

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 February 1, 1996 (61 FR

3670).

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 made to the Tariff Act of 1930 (the Act) by the

Uruguay Round Agreements Act (URAA). In addition, unless otherwise

indicated, all citations to the Department's regulations are to the

current regulations, as amended by the interim regulations published in

the Federal Register on May 11, 1995 (60 FR 25130).

Scope of the Review

Imports covered by the 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. HTS item

numbers are provided for convenience and for Customs purposes. The

written descriptions remain dispositive.

Preliminary Results and Partial Termination of Administrative

Review

Denki, Tosoh, and Mitsui Bussan responded that they had no

shipments of the subject merchandise during the period of review (POR),

and we confirmed this with the United States Customs Service.

Therefore, in accordance with our practice, we are treating these firms

as non-shippers for purposes of this review, and are terminating this

review with respect to these companies. The cash deposit rates for

these firms will continue to be the rates established in the most

recently completed final review.

We were unable to locate the remaining companies, Showa, Suzugo,

Denki/Hoei Sangyo, Showa/Hoei Sangyo, 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

[[Page 47872]]

reviews for these firms, and 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)).

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 all firms

covered in this review will be those rates established in the last

completed final results of 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; and (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.

On May 25, 1993, the Court of International Trade, in Floral Trade

Council v. United States, Slip Op. 93-79, and Federal-Mogul Corporation

and the Torrington Company v. United States, Slip Op. 93-83, decided

that once an ``all others'' rate is established for a company, it can

only be changed through an administrative review. The Department has

determined that in order to implement these decisions, it is

appropriate to apply the original ``all others'' rate from the LTFV

investigation (or that rate as amended for correction of clerical

errors or as a result of litigation) in proceedings governed by

antidumping duty orders for the purposes of establishing cash deposits

in all current and future administrative reviews. In proceedings

governed by antidumping findings, unless we are able to ascertain the

``all others'' rate from the Treasury LTFV investigation, the

Department has determined that it is appropriate to adopt the ``new

shipper'' rate established in the first final results of administrative

review published by the Department (or that rate amended for correction

of clerical errors or as a result of litigation) as the ``all others''

rate for the purpose of establishing cash deposits in all current and

future administrative reviews.

Because this proceeding is governed by an antidumping finding and

we are unable to ascertain the ``all others'' rate from the Treasury

LTFV investigation, the ``all others'' rate for purposes of this review

will be 55.00 percent, a rate established in the final results of

administrative review published by the Department on April 6, 1982 (47

FR 14746).

These deposit requirements 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 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: September 3, 1996.

Robert S. LaRussa,

Acting Assistant Secretary for Import Administration.

[FR Doc. 96-23109 Filed 9-10-96; 8:45 am]

BILLING CODE 3510-DS-P