Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices 63687 

The description of carbon quality is 

intended to identify carbon quality 

products within the scope. The welded 

carbon quality rectangular pipe and tube 

subject to this order is currently 

classified under the Harmonized Tariff 

Schedule of the United States 

(‘‘HTSUS’’) subheadings 7306.61.50.00 

and 7306.61.70.60. While HTSUS 

subheadings are provided for 

convenience and customs purposes, our 

written description of the scope of this 

order is dispositive. 

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 a request from an interested 

party or receipt of information 

concerning an antidumping duty order 

which shows changed circumstances 

sufficient to warrant a review of the 

order. On September 3, 2008, Ternium 

Mexico submitted its request for a 

changed circumstances review. With 

this request, Ternium Mexico submitted 

certain information related to its claim 

that Hylsa changed its name to Ternium 

Mexico, including information 

describing the acquisition of Hylsa by 

Ternium Luxembourg and the changes 

in Hylsa’s operating and corporate 

structure immediately following that 

acquisition. Based on the information 

Ternium Mexico submitted regarding a 

name change, the Department has 

determined that changed circumstances 

sufficient to warrant a review exist. See 

19 CFR 351.216(d). In antidumping duty 

changed circumstances reviews 

involving 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 Brass Sheet and Strip From Canada: 

Final Results of Antidumping Duty 

Administrative Review, 57 FR 20460, 

20462 (May 13, 1992) and Certain Cut– 

to-Length Carbon Steel Plate from 

Romania: Initiation and Preliminary 

Results of Changed Circumstances 

Antidumping Duty Administrative 

Review, 70 FR 22847 (May 3, 2005) 

(‘‘Plate from Romania’’). 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 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 Antidumping Duty 

Changed Circumstances Review, 59 FR 

6944, 6945 (February 14, 1994), and 

Plate from Romania, 70 FR 22847. 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 Changed Circumstances 

Antidumping Duty Administrative 

Review, 64 FR 9979, 9980 (March 1, 

1999). Although Ternium Mexico 

submitted documentation related to its 

name change and some limited 

information regarding the four factors 

that the Department considers in its 

successor–in-interest analysis, it failed 

to provide complete supporting 

documentation for the four elements 

listed above that is sufficient for making 

the successor–in-interest determination 

without requesting additional 

information. Accordingly, 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). Therefore, the 

Department is not issuing the 

preliminary results of its antidumping 

duty changed circumstances review at 

this time. 

The Department will issue 

questionnaires requesting additional 

information for the review, and will 

publish in the Federal Register a notice 

of the preliminary results of the 

antidumping duty changed 

circumstances review, in accordance 

with 19 CFR 351.221(b)(2) and (4), and 

19 CFR 351.221(c)(3)(i). The 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, the 

cash deposit requirements for the 

subject merchandise exported and 

manufactured by Ternium Mexico will 

continue to be the rate established in the 

amended final results of the 

investigation for all other manufacturers 

and exporters not previously reviewed. 

See Notice of Amended Final 

Determination of Sales at Less Than 

Fair Value: Light–Walled Rectangular 

Pipe and Tube From Mexico, 73 FR 

45400 (August 5, 2008). The cash 

deposit will be altered, if warranted, 

pursuant only to the final results of this 

review. 

This notice of initiation is in 

accordance with section 751(b)(1) of the 

Act, 19 CFR 351.216(b) and (d), and 19 

CFR 351.221(b)(1). 

Dated: October 20, 2008. 

Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. E8–25554 Filed 10–24–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–588–046] 

Polychloroprene Rubber From Japan: 

Initiation and Preliminary Results of 

Changed Circumstances Review, and 

Intent to Revoke Antidumping Duty 

Finding, in Part 

Correction 

In notice document E8–22458 

beginning on page 56548 in the issue of 

Monday, September 29, 2008, make the 

following corrections: 

1. On page 56548, in the third 

column, under the heading Background, 

in the second paragraph, in the third 

line, ‘‘Polychloroprene Rubber from 

Japan: Final Changed Circumstances 

Review and Determination to Revoke 

Finding in Part’’ should read ‘‘See 

Polychloroprene Rubber from Japan: 

Final Changed Circumstances Review 

and Determination to Revoke Finding in 

Part’’. 

2. On page 56549, in the first column, 

in the first full paragraph, in the 10th 

line, ‘‘and does include aqueous 

dispersions of’’ should read ‘‘and does 

not include aqueous dispersions of’’. 

3. On the same page, in the same 

column, in the same paragraph, in the 

20th line, ‘‘dispersions of these 

polymers and does’’ should read 

‘‘dispersions of these polymers and does 

not’’. 

4. On the same page, in the same 

column, in the same paragraph, in the 

30th line ‘‘in solid form and does 

include aqueous’’ should read ‘‘in solid 

form and does not include aqueous’’. 

5. On the same page, in the same 

column, under the heading Initiation 

and Preliminary Results of Changed 

Circumstances Review, and Intent To 

Revoke Antidumping Finding, in Part, 

in the first paragraph, in the fifth line, 

‘‘i.e.; a’’ should read ‘‘i.e, a’’. 

mstockstill on PROD1PC66 with NOTICES

63688 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Notices 

1Sunlake is a company located in Thailand. 

6. On the same page, in the second 

column, in the first paragraph, in the 

fifth line, ‘‘19 CFR 351.216(d)’’ should 

read ‘‘See 19 CFR 351.216(d)’’. 

7. On the same page, in the third 

column, in the first paragraph, in the 

seventh line, ‘‘pH of S’’ should read ‘‘pH 

of 8’’. 

8. On the same page, in the same 

column, in the same paragraph, in the 

10th line, ‘‘and does pp include 

aqueous’’ should read ‘‘and does not 

include aqueous’’. 

9. On the same page, in the same 

column, in the same paragraph, in the 

21st line, ‘‘and does include aqueous’’ 

should read ‘‘and does not include 

aqueous’’. 

10. On the same page, in the same 

column, under the heading Public 

Comment, in the first paragraph, in the 

ninth and 10th lines, ‘‘19 CFR 

351.309(d)’’ should read ‘‘See 19 CFR 

351.309(d)’’. 

11. On page 56550, in the first 

column, in the first full paragraph, in 

the first line, ‘‘Consistent with 19 CFR 

35l.216(e)’’ should read ‘‘Consistent 

with 19 CFR 351.216(e)’’. 

12. On the same page, in the same 

column, in same paragraph, in the 16th 

and 17th lines, ‘‘See 19 CFR 

35l.222(g)(4)’’ should read ‘‘See 19 CFR 

351.222(g)(4)’’. 

[FR Doc. Z8–22458 Filed 10–24–08; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–894] 

Certain Tissue Paper Products From 

the People’s Republic of China: Notice 

of Initiation of Anti-circumvention 

Inquiry 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In response to a request from 

Seaman Paper Company of 

Massachusetts, Inc. (the petitioner), the 

Department of Commerce (the 

Department) is initiating an anticircumvention inquiry to determine 

whether certain imports of tissue paper 

from Thailand are circumventing the 

antidumping duty order on certain 

tissue paper products (tissue paper) 

from the People’s Republic of China 

(PRC). See Notice of Amended Final 

Determination of Sales at Less than Fair 

Value and Antidumping Duty Order: 

Certain Tissue Paper Products from the 

People’s Republic of China, 70 FR 16223 

(March 30, 2005) (Tissue Paper Order). 

DATES: Effective Date: October 27, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Brian Smith or Gemal Brangman, 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) 482–1766 or (202) 482– 

3773, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 10, 2008, the petitioner 

submitted a letter requesting that the 

Department initiate and conduct an 

anti-circumvention inquiry, pursuant to 

section 781(b) of the Tariff Act of 1930, 

as amended (the Act), and 19 CFR 

351.225(h), to determine whether 

imports of tissue paper from Thailand 

which Sunlake De ́cor Co., Ltd. 

(Sunlake) 1 made from jumbo rolls and 

cut sheets of tissue paper produced in 

the PRC are circumventing the 

antidumping duty order on tissue paper 

from the PRC. Specifically, the 

petitioner alleges that PRC-produced 

jumbo rolls and cut sheets of tissue 

paper sent to Thailand for completion or 

assembly into merchandise of the same 

class or kind as that covered by the 

antidumping duty order on tissue paper 

from the PRC are circumventing that 

order. 

On September 19, 2008, Department 

officials met with the petitioner’s 

counsel to discuss the petitioner’s 

September 10, 2008, anti-circumvention 

inquiry request. See memorandum to 

the file entitled, ‘‘Meeting with Counsel 

for the Petitioner,’’ dated September 24, 

2008. 

On September 25, 2008, Department 

officials spoke with the foreign market 

researcher who provided certain 

information contained in the anticircumvention inquiry request. See 

memorandum to the file entitled, 

‘‘Telephone Conversation with Foreign 

Market Researcher,’’ dated September 

29, 2008. 

To date, we have received no 

comments from Sunlake on this matter. 

Scope of the Order 

The tissue paper products subject to 

order are cut-to-length sheets of tissue 

paper having a basis weight not 

exceeding 29 grams per square meter. 

Tissue paper products subject to this 

order may or may not be bleached, dyecolored, surface-colored, glazed, surface 

decorated or printed, sequined, 

crinkled, embossed, and/or die cut. The 

tissue paper subject to this order is in 

the form of cut-to-length sheets of tissue 

paper with a width equal to or greater 

than one-half (0.5) inch. Subject tissue 

paper may be flat or folded, and may be 

packaged by banding or wrapping with 

paper or film, by placing in plastic or 

film bags, and/or by placing in boxes for 

distribution and use by the ultimate 

consumer. Packages of tissue paper 

subject to this order may consist solely 

of tissue paper of one color and/or style, 

or may contain multiple colors and/or 

styles. 

Tissue paper products subject to this 

order do not have specific classification 

numbers assigned to them under the 

Harmonized Tariff Schedule of the 

United States (HTSUS) and appear to be 

imported under one or more of the 

several different ‘‘basket’’ categories, 

including but not necessarily limited to 

the following subheadings: HTSUS 

4802.30, HTSUS 4802.54, HTSUS 

4802.61, HTSUS 4802.62, HTSUS 

4802.69, HTSUS 4804.39, HTSUS 

4806.40, HTSUS 4808.30, HTSUS 

4808.90, HTSUS 4811.90, HTSUS 

4823.90, HTSUS 9505.90.40. 

Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

scope of the investigation is dispositive. 

Excluded from the scope of the order 

are the following tissue paper products: 

(1) Tissue paper products that are 

coated in wax, paraffin, or polymers, of 

a kind used in floral and food service 

applications; (2) tissue paper products 

that have been perforated, embossed, or 

die-cut to the shape of a toilet seat, i.e., 

disposable sanitary covers for toilet 

seats; and (3) toilet or facial tissue stock, 

towel or napkin stock, paper of a kind 

used for household or sanitary 

purposes, cellulose wadding, and webs 

of cellulose fibers (HTSUS 

4803.00.20.00 and 4803.00.40.00). 

Initiation of Anti-Circumvention 

Proceeding 

Applicable Statute 

Section 781(b) of the Act provides 

that the Department may find 

circumvention of an antidumping duty 

order when merchandise of the same 

class or kind subject to the order is 

completed or assembled in a foreign 

country other than the country to which 

the order applies. In conducting anticircumvention inquiries under section 

781(b) of the Act, the Department relies 

upon the following criteria: (A) 

Merchandise imported into the United 

States is of the same class or kind as any 

merchandise produced in a foreign 

country that is subject to an 

antidumping duty order; (B) before 

importation into the United States, such 

imported merchandise is completed or 

mstockstill on PROD1PC66 with NOTICES