Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Notices 8925 

1The cash deposit rate currently applicable to 

Tyco is zero percent. The all-others rate is 10 

percent. 

2Notwithstanding this fact and Evotape 

Packaging’s original changed circumstances review 

request to determine that only it is the successorin-interest to Tyco, Evotape Packaging 

acknowledged in its November 24, 2009, response 

that it may be appropriate to consider both Evotape 

Packaging and Evotape Masking as successors-ininterest to Tyco because they are both whollyowned subsidiaries of Evotape S.p.A. 

7106, Economic Development 

Administration, U.S. Department of 

Commerce, Washington, DC 20230, no 

later than ten (10) calendar days 

following publication of this notice. 

Please follow the procedures set forth 

in Section 315.9 of EDA’s final rule (71 

FR 56704) for procedures for requesting 

a public hearing. The Catalog of Federal 

Domestic Assistance official program 

number and title of the program under 

which these petitions are submitted is 

11.313, Trade Adjustment Assistance. 

Dated: February 22, 2010. 

Bryan Borlik, 

Program Director. 

[FR Doc. 2010–3962 Filed 2–25–10; 8:45 am] 

BILLING CODE 3510–24–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–475–059] 

Pressure Sensitive Plastic Tape from 

Italy: Preliminary Results of 

Antidumping Duty Changed 

Circumstances Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: February 26, 2010. 

SUMMARY: The Department of Commerce 

(the Department) is conducting a 

changed circumstances review of the 

antidumping duty finding on pressure 

sensitive plastic tape from Italy 

pursuant to section 751(b) of the Tariff 

Act of 1930, as amended (the Act), and 

19 CFR 351.216 and 351.221(c)(3). We 

preliminarily determine that Evotape 

S.p.A was the successor–in-interest to 

Tyco Adhesives Italia S.p.A. (Tyco), and 

that Evotape Packaging S.r.l. (Evotape 

Packaging) and Evotape Masking S.r.l. 

(Evotape Masking) are both successors– 

in-interest to Evotape S.p.A for purposes 

of determining antidumping liability. 

Interested parties are invited to 

comment on these preliminary results. 

FOR FURTHER INFORMATION CONTACT: 

Terre Keaton Stefanova or Rebecca 

Trainor, AD/CVD Operations, Office 2, 

Import Administration, International 

Trade Administration, U.S. Department 

of Commerce, 14th Street and 

Constitution Avenue, NW, Washington, 

DC 20230; telephone: (202) 482–1280 

and (202) 482–4007, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 27, 2009, Evotape Packaging 

requested that the Department conduct 

an expedited changed circumstances 

review to determine that it is the 

successor–in-interest to Tyco for 

purposes of determining antidumping 

liability.1 Evotape Packaging provided 

additional information at the 

Department’s request on August 28, 

2009. On September 10, 2009, the 

Department initiated a changed 

circumstances review but did not 

expedite the review, as requested by 

Evotape Packaging, because questions 

remained as to the factual claims 

forming the basis of the change 

circumstances review request. See 

Pressure Sensitive Plastic Tape from 

Italy: Notice of Initiation of 

Antidumping Duty Changed 

Circumstances Review, 74 FR 47555 

(September 16, 2009). On October 26, 

2009, the Department placed on the 

record a memorandum regarding 

corrections to the scope language 

contained in the initiation notice. (See 

October 26, 2009, Memorandum to The 

File regarding ‘‘Corrections to Scope 

Language’’). On November 3, 2009, the 

Department requested additional 

information from Evotape Packaging, 

and on November 24, 2009, Evotape 

Packaging submitted its response to the 

Department’s information request. 

Scope of the Finding 

The products covered by the finding 

are shipments of pressure sensitive 

plastic tape measuring over one and 

three–eighths inches in width and not 

exceeding four mils in thickness, 

currently classifiable under subheadings 

3919.10.20 and 3919.90.50 of the 

Harmonized Tariff Schedule of the 

United States (HTSUS). The HTSUS 

subheadings are provided for 

convenience and for customs purposes. 

The written description remains 

dispositive. 

Successor–in-Interest Determination 

In making a successor–in-interest 

determination, the Department typically 

examines several factors including, but 

not limited to: (1) management; (2) 

production facilities; (3) supplier 

relationships; and (4) customer base. 

See, e.g., Notice of Final Results of 

Changed Circumstances Review: 

Polychloroprene Rubber from Japan, 69 

FR 67890 (November 22, 2004) 

(Polychloroprene Rubber from Japan) 

citing; Brass Sheet and Strip from 

Canada; Final Results of Antidumping 

Duty Administrative Review, 57 FR 

20460 (May 13, 1992) (Canadian Brass); 

and, Certain Circular Welded Carbon 

Steel Pipes and Tubes from Taiwan: 

Initiation of Antidumping Duty Changed 

Circumstances Review, 70 FR 17063 

(April 4, 2005). While no single factor 

or combination of these factors will 

necessarily be dispositive, the 

Department will generally consider the 

new company to be the successor to the 

previous company if its resulting 

operation is not materially dissimilar to 

that of its predecessor. See, e.g., 

Polychloroprene Rubber from Japan; 

Industrial Phosphoric Acid from Israel: 

Final Results of Changed Circumstances 

Review, 59 FR 6944 (February 14, 1994); 

Canadian Brass; Certain Frozen 

Warmwater Shrimp From Thailand: 

Preliminary Results of Antidumping 

Duty Changed Circumstances Review 

and Notice of Intent to Revoke in Part 

74 FR 39042 (August 5, 2009); 

(unchanged in final results Certain 

Frozen Warmwater Shrimp From 

Thailand: Final Results of Antidumping 

Duty Changed Circumstances Review 

and Notice of Revocation in Part 74 FR 

52452 (October 13, 2009)). Thus, if the 

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 former company, the Department 

will generally accord the new company 

the same antidumping duty treatment as 

its predecessor. 

Preliminary Results 

In its request for a changed 

circumstances review, Evotape 

Packaging explained that, in May 2005, 

its parent company, Evotape S.p.A, 

acquired Tyco’s business and assets, 

which included two production units 

(packaging and masking tape) and 

related sales offices. Subsequently, in 

December 2007, Evotape S.p.A went 

through a restructuring that created two 

wholly–owned subsidiaries (i.e., 

Evotape Packaging and Evotape Masking 

S.r.l. (Evotape Masking)) using the 

assets and business of the two 

production units. In response to the 

Department’s questions concerning the 

corporate restructuring, Evotape 

Packaging stated that Evotape Masking 

produces two in–scope products, but 

does not ship or sell these products to 

the United States, and has no future 

plans to do so (see August 28, 2009, and 

November 24, 2009, responses).2

Based on the facts on the record 

surrounding the acquisition and 


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8926 Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Notices 

subsequent corporate restructuring 

described above, and in accordance 

with 19 CFR 351.221(c)(3)(i), we have 

made two preliminary successor–ininterest determinations. 

1. Evotape S.p.A Was the Successor–InInterest to Tyco 

Our first preliminary successor–ininterest determination is that Evotape 

S.p.A was the successor–in-interest to 

Tyco. Evotape Packaging submitted 

documentation to demonstrate that 

Evotape S.p.A acquired Tyco in May 

2005 (see Evotape Packaging’s July 27, 

2009, submission at Exhibit 1). Evotape 

Packaging also provided information 

pertaining to changes in management, 

production, suppliers, and customers 

that occurred after Evotape S.p.A. 

acquired Tyco. The information 

indicated that, except for three changes 

in management and some minor 

changes in customers, the company’s 

business operations had not been 

substantially affected by the change in 

ownership (see November 24, 2009, 

response). Thus, we preliminary find 

that in May 2005, Evotape S.p.A. 

became the successor–in-interest to 

Tyco, because the changes in 

management and customers that took 

place after Tyco’s acquisition by 

Evotape S.p.A. did not alter the 

production or business operations of the 

company. 

2. Evotape Packaging and Evotape 

Masking are Successors–In-Interest to 

Evotape S.p.A 

For our second preliminary 

successor–in-interest determination, we 

find that both Evotape Packaging and 

Evotape Masking are successors–ininterest to Evotape S.p.A. Evotape 

Packaging submitted copies of the 

documents that established Evotape 

Packaging and Evotape Masking as 

separate wholly–owned subsidiaries of 

Evotape S.p.A in December 2007 (see 

November 24, 2009, response at Exhibit 

1). Evotape Packaging also provided 

information indicating that, while some 

minor changes in business operations 

occurred after the companies’ transition 

from production units to formal 

companies, they continued to operate 

essentially as they did as production 

units under Evotape S.p.A. Specifically, 

the restructuring resulted in the 

reallocation of duties among managers, 

and a slight reduction in the number of 

employees at both companies. The 

companies also experienced slight 

changes to their supplier and customer 

lists, but maintained their top supplier 

and customer relationships. Evotape 

Packaging added two products to its 

product mix, but the two companies 

continued to use the same separate 

production facilities that they used as 

production units under Evotape S.p.A. 

(see November 24, 2009, response). 

Moreover, the ownership of the two 

entities remains essentially the same as 

both companies are wholly–owned 

subsidiaries of Evotape S.p.A. Because 

both companies continue to operate 

essentially as they did as production 

units of Evotape S.p.A., after the 

December 2007, restructuring, 

irrespective of the minor changes 

described above, we preliminary find 

that in December 2007, both Evotape 

Packaging and Evotape Masking became 

the successors–in-interest to Evotape 

S.p.A. for purposes of determining 

antidumping liability. 

In conclusion, as a result of both of 

these determinations, we preliminary 

find that Evotape Packaging and 

Evotape Masking should receive Tyco’s 

antidumping duty cash deposit rate 

with respect to the subject merchandise 

(i.e., 0.00 percent). If the above 

preliminary results are affirmed in the 

Department’s final results, the cash 

deposit rate resulting from this changed 

circumstances review will apply to all 

entries of the subject merchandise from 

Evotape Packaging and Evotape Masking 

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). 

Public Comment 

Interested parties are invited to 

comment on these preliminary results. 

Written comments may be submitted no 

later than 14 days after the date of 

publication of these preliminary results. 

Rebuttals to written comments, limited 

to issues raised in such comments, may 

be filed no later than 21 days after the 

date of publication of this notice. All 

written comments shall be submitted in 

accordance with 19 CFR 351.303. Any 

interested party may request a hearing 

within 14 days of publication of this 

notice. Any hearing, if requested, will 

be held no later than 30 days after the 

date of publication of this notice, or the 

first workday thereafter. Persons 

interested in attending the hearing, if 

one is requested, should contact the 

Department for the date and time of 

hearing. In accordance with 19 CFR 

351.216(e), the Department will issue 

the final results of this antidumping 

duty changed circumstances review no 

later than 270 days after the date on 

which this review was initiated, or 

within 45 days if all parties agree to our 

preliminary results. 

During the course of this antidumping 

duty changed circumstances review, 

cash deposit requirements for the 

subject merchandise produced and 

exported by Evotape Packaging and 

Evotape Masking will continue to be the 

all–others rate established in the 

investigation. See Pressure Sensitive 

Plastic Tape From Italy; Determination 

of Injury or Likelihood Thereof, 42 FR 

44853 (September 7, 1977). The cash 

deposit rate requirement for Evotape 

Packaging and Evotape Masking will be 

altered, if warranted, pursuant only to 

the final results of this review. 

We are issuing and publishing these 

preliminary results and notice in 

accordance with sections 751(b)(1) and 

777(i)(1) and (2) of the Act and 19 CFR 

351.216 and 351.221(c)(3). 

Dated: February 22, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–4072 Filed 2–25–10; 8:45 am] 

BILLING CODE 3510–DS–S 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

Procurement List; Additions 

AGENCY: Committee for Purchase From 

People Who Are Blind or Severely 

Disabled. 

ACTION: Additions to the Procurement 

List. 

SUMMARY: This action adds to the 

Procurement List products and a service 

to be furnished by nonprofit agencies 

employing persons who are blind or 

have other severe disabilities. 

DATES: Effective Date: March 29, 2010. 

ADDRESSES: Committee for Purchase 

From People Who Are Blind or Severely 

Disabled, Jefferson Plaza 2, Suite 10800, 

1421 Jefferson Davis Highway, 

Arlington, Virginia, 22202–3259. 

FOR FURTHER INFORMATION CONTACT: 

Barry S. Lineback, Telephone: (703) 

603–7740, Fax: (703) 603–0655, or email CMTEFedReg@AbilityOne.gov. 

SUPPLEMENTARY INFORMATION: 

Additions 

On 12/28/2009 (74 FR 68587), the 

Committee for Purchase From People 

Who Are Blind or Severely Disabled 

published a notice of proposed 

additions to the Procurement List. 

After consideration of the material 

presented to it concerning capability of 

qualified nonprofit agencies to provide 


sroberts on DSKD5P82C1PROD with NOTICES