[Federal Register Volume 75, Number 95 (Tuesday, May 18, 2010)]
[Notices]
[Pages 27706-27708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11866]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-059]


Pressure Sensitive Plastic Tape From Italy: Final Results of 
Antidumping Duty Changed Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: May 18, 2010.

SUMMARY: On February 22, 2010, the Department of Commerce (the 
Department) preliminarily determined 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. See Pressure Sensitive 
Plastic Tape from Italy: Preliminary Results of Antidumping Duty 
Changed Circumstances Review, 75 FR 8925 (February 26, 2010) 
(Preliminary Results). We confirm our preliminary determination in 
these final results of changed circumstances review.

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\ 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

[[Page 27707]]

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) (Initiation Notice). On February 22, 2010, the Department 
preliminarily determined that Evotape S.p.A was the successor-in-
interest to Tyco, and that Evotape Packaging and Evotape Masking were 
both successors-in-interest to Evotape S.p.A. As the ultimate 
successors-in-interest producing in-scope merchandise, we preliminarily 
found that Evotape Packaging and Evotape Masking should be assigned the 
antidumping duty cash deposit rate that is currently in effect for 
Tyco. See Preliminary Results.
---------------------------------------------------------------------------

    \1\ The cash deposit rate currently applicable to Tyco is zero 
percent. The all-others rate is 10 percent.
---------------------------------------------------------------------------

    On March 12, 2010, we received comments from 3M Company (3M), a 
U.S. producer of the domestic like product and an interested party in 
this review. On March 18, 2010, we received rebuttal comments from 
Evotape Packaging and its affiliates Evotape Masking and Evotape S.p.A 
(collectively Evotape). For further discussion, see ``Analysis of 
Comments Received'' section below.

Scope of the Finding

    The product covered by the finding is pressure sensitive plastic 
tape (PSP 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.

Analysis of Comments Received

    3M argues that because Evotape Masking has stated on the record 
that it does not ship or sell the subject merchandise to the United 
States, and has no future plans to do so, this changed circumstances 
review has been a purely theoretical exercise, and the Department has 
wasted its resources by granting a meaningless changed circumstances 
review request. On the other hand, 3M argues, if Evotape is indeed 
interested in the U.S. market, and has misled the Department regarding 
its intentions, the credibility of the information on the record is 
called into question. Under either scenario, according to 3M, there 
appears to be no reason to grant Evotape's changed circumstances 
request at this time. (See Pressure Sensitive Tape from Italy: Comments 
of 3M Company on the Preliminary Results of the Changed Circumstances 
Review (March 12, 2010)).
    Evotape asserts that 3M has not challenged any of the Department's 
preliminary findings, but opposes Evotape's changed circumstances 
request at this late date based solely on the representation of Evotape 
Masking that it has no intention to ship subject merchandise to the 
United States. Evotape asserts further that Evotape Packaging 
originally requested the changed circumstances review because it is the 
entity that intends to ship PSP Tape to the United States. Evotape 
contends, however, that it was appropriate, as a matter of law, for the 
Department to have ruled as it did with regard to both Evotape 
Packaging and Evotape Masking, even though Evotape Masking has no 
intention to export subject merchandise to the United States, because 
both companies are successors-in-interest to Evotape S.p.A. Evotape 
adds that, unlike in an annual administrative review which requires 
U.S. entry of a respondent's merchandise during the review period for 
that respondent to have standing to request the review, there is no 
requirement in the statute or in the Department's regulations mandating 
that an applicant for a changed circumstances review possess a present 
or future intention to ship subject merchandise to the United States. 
Evotape argues that the only requirement is that the applicant be an 
interested party, which is defined to include a ``foreign manufacturer, 
producer, or exporter * * * of the subject merchandise.'' See sections 
771(9)(A) and 751(b) of the Tariff Act of 1930, as amended (the Act), 
and 19 CFR 351.216. Evotape concludes that because both Evotape 
Packaging and Evotape Masking are producers of in-scope merchandise, a 
fact which is undisputed, either or both of these companies were 
entitled to file a changed circumstances review request. Accordingly, 
it argues, 3M's opposition is without merit. As there has been no 
challenge to the substance of the Department's preliminary 
determination, Evotape requests that the Department issue its final 
determination, consistent with its preliminary determination. (See 
Evotape's Reply to 3M's Post-Preliminary Determination Comments: 
Changed Circumstances Review in Pressure Sensitive Tape from Italy Case 
No. A-475-059 (March 18, 2010)).

The Department's Position

    As stated in the Initiation Notice, the Department initiated this 
changed circumstances review because Evotape presented sufficient 
information to warrant doing so under section 751(b)(1) of the Act and 
19 CFR 351.216 (see Initiation Notice, 74 FR 47555). We agree with 
Evotape that neither the statute nor the Department's regulations make 
the initiation and conduct of a changed circumstances review contingent 
upon an interested party's intent to export the subject merchandise to 
the United States. Notwithstanding this fact, however, we note that at 
this time both Evotape Packaging and Evotape Masking are interested 
parties under section 771(9)(A) of the Act, as both produce PSP Tape, 
and Evotape Packaging exports it to the United States. Therefore, we 
have properly conducted this changed circumstances review in accordance 
with the statute and our regulations, and have concluded it based on 
the successor-in-interest analysis set out in the Preliminary Results.

Final Results of Changed-Circumstances Review

    For the reasons stated in the Preliminary Results, we continue to 
find that Evotape S.p.A is the successor-in-interest to Tyco, and that 
Evotape Packaging and Evotape Masking are both successors-in-interest 
to Evotape S.p.A. Thus, Evotape Packaging and Evotape Masking should 
receive the same antidumping duty rate with respect to PSP Tape as 
Tyco. The cash deposit determination from this changed circumstances 
review will apply to all shipments of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this changed circumstances review. 
This deposit rate shall remain in effect until publication of the final 
results of the next administrative review in which Evotape 
participates.

Notification

    This notice serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a sanctionable violation.
    We are issuing and publishing these final 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).


[[Page 27708]]


     Dated: May 12, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-11866 Filed 5-17-10; 8:45 am]
BILLING CODE 3510-DS-P