Polychloroprene Rubber From Japan; final results of antidumping duty administrative review

Federal RegisterDec 20, 1996

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DEPARTMENT OF COMMERCE

[A-588-046]

Polychloroprene Rubber From Japan; final results of antidumping

duty administrative review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of Final Results of Antidumping Duty Administrative

Review.

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SUMMARY: On September 11, 1996, the Department of Commerce (the

Department) published the preliminary results and partial termination

of antidumping duty administrative review of the antidumping duty order

on polychloroprene rubber (rubber) from Japan. The review covers eight

manufacturers/exporters of the subject merchandise to the United States

for the period December 1, 1994 through November 30, 1995. These

[[Page 67319]]

manufacturers/exporters are Denki Kaguku, K.K. (Denki), Denki/Hoei

Sangyo Co., Ltd. (Denki/Hoei Sangyo), Mitsui Bussan K.K. (Mitsui

Bussan), Suzugo Corporation (Suzugo), Showa Neoprene K.K. (Showa),

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

(formerly Toyo Soda) and Tosoh/Hoei Sangyo Co., Ltd. (Tosoh/Hoei

Sangyo).

We gave interested parties an opportunity to submit oral or written

comments on the preliminary results of review. We received no comments.

Based on our analysis, these final results of review are unchanged from

those presented in our preliminary results of review.

EFFECTIVE DATE: December 20, 1996.

FOR FURTHER INFORMATION CONTACT: Roy F. Unger, Jr. or Thomas Futtner,

Office of AD/CVD Enforcement, 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 September 11, 1996, the Department published in the Federal

Register (61 FR 47871) the preliminary results and partial termination

of antidumping duty administrative review of the antidumping finding on

rubber from Japan. The Department has now conducted that administrative

review in accordance with section 751 of the Tariff Act of 1930, as

amended (the Tariff Act).

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 (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.

Final Results of Review

The Department determined in the preliminary results of

administrative review that Denki, Tosoh, and Mitsui Bussan had no

shipments of the subject merchandise to the United States during the

period of review, and therefore, terminated the review with respect to

these companies.

We were unable to locate the following companies, Denki/Hoei

Sangyo, Tosoh/Hoei Sangyo, Showa Neoprene K.K., Showa/Hoei Sangyo, and

Suzugo, despite 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 these

final results we will instruct the U.S. Customs Service to continue to

assess any entries by these firms at the rate determined in 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)).

We gave interested parties an opportunity to comment on the

preliminary results of review. The Department received no written

comments or requests for a hearing. Based on our analysis, these final

results of review are the same as those presented in the preliminary

results of review.

The U.S. Customs Service shall assess antidumping duties on all

appropriate entries. Individual differences between United States Price

(USP) and Foreign Market Value (FMV) may vary from the percentages

stated above. The Department will issue appraisement instructions

concerning each respondent directly to the U.S. Customs Service.

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

these final results of administrative review, as provided for by

section 751(a)(1) of the Tariff Act: (1) The cash deposit rate for

Denki/Hoei Sangyo, Suzugo, Showa Neoprene, Showa/Hoei Sangyo, and

Tosoh/Hoei Sangyo will be the rate determined by the last completed

administrative review on November 26, 1984 (49 FR 46454); (2) for

previously reviewed or investigated companies not listed above, the

cash deposit rate will continue to be the company-specific rate

published for the most recent period; (3) if the exporter is not a firm

covered in this review, a prior review, or in the original LTFV

investigation, but the manufacturer is, the cash deposit rate will be

the rate established for the most recent period for the manufacturer of

the merchandise; and (4) if neither the exporter nor the manufacturer

is a firm covered in this or any previous review conducted by the

Department, the cash deposit rate will be the ``all others'' rate

established in the final results of administrative review published 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.

This notice serves as the final 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 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 353.34(d). Timely written notification or

conversion to judicial protective order is hereby requested. Failure to

comply with the regulations and the terms of the APO is a sanctionable

violation.

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: December 10, 1996.

Jeffrey P. Bialos,

Acting Assistant Secretary for Import Administration.

[FR Doc. 96-32398 Filed 12-19-96; 8:45 am]

BILLING CODE 3510-DS-P

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