Polyvinyl Alcohol From Japan, the Republic of Korea, and the ...

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Polyvinyl Alcohol From Japan, the Republic of Korea, and thePeople's Republic of China: Final Results of the Expedited SunsetReviews of the Antidumping Duty Orders

Released : Friday, October 03, 2008 10:26 AM
DEPARTMENT OF COMMERCE (DOC)
International Trade Administration (ITA)
Import Administration
Citation: "73 FR 57596"
Document Number: "A-588-861, A-580-850, A-570-879"
Page Number: "57596"
"Notices"
SUMMARY: On June 5, 2008, the Department of Commerce (theDepartment) initiated sunset reviews of the antidumping duty orderson polyvinyl alcohol (PVA) from Japan, the Republic of Korea(Korea), and the People's Republic of China (PRC) pursuant tosection 751(c) of the Tariff Act of 1930, as amended (the Act). TheDepartment has conducted expedited (120-day) sunset reviews forthese orders pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2). As aresult of these sunset reviews, the Department finds thatrevocation of the antidumping duty orders would be likely to leadto continuation or recurrence of dumping.
DATES: Effective Date: October 3, 2008.
FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or MiriamEqab, AD/CVD Operations, Office 2, Import Administration,International Trade Administration, U.S. Department of Commerce,14th Street & Constitution Avenue, NW., Washington, DC 20230;telephone: (202) 482-3874 and (202) 482-3693, respectively.
SUPPLEMENTARY INFORMATION: On June 5, 2008, the Departmentpublished the notice of initiation of the sunset reviews of theantidumping duty orders on PVA from Japan, Korea, and the PRCpursuant to section 751(c) of the Act. See Initiation of Five-Year("Sunset") Reviews, 73 FR 31974 (June 5, 2008) (Notice ofInitiation).
The Department received notices of intent to participate fromCelanese Chemicals, Ltd. and E.I. Dupont de Nemours & Co.(collectively, "the domestic interested parties") within thedeadline specified in 19 CFR 351.218(d)(1)(i). The companiesclaimed interested party status under section 771(9)(C) of the Actas manufacturers of a domestic like product in the United States.The Department also received a notice of intent to participate fromtwo Japanese respondent interested parties: The Nippon SyntheticChemical Industry Co., Ltd. and Marubeni Specialty Chemicals Inc.The companies claimed interested party status under section771(9)(A) of the Act as a foreign producer and a U.S. importer,respectively, of the subject merchandise.
The Department received complete substantive responses to thenotice of initiation from the domestic interested parties withinthe 30-day deadline specified in 19 CFR 351.218(d)(3)(i). Wereceived no substantive responses from respondent interestedparties with respect to any of the orders covered by these sunsetreviews, nor was a hearing requested. As a result, pursuant to 19CFR 351.218(e)(1)(ii)(C)(2), the Department is conducting expedited(120-day) sunset reviews of the antidumping duty orders for Japan,Korea, and the PRC.
Scope of the Orders
The merchandise covered by these orders is PVA. This productconsists of all PVA hydrolyzed in excess of 80 percent, whether ornot mixed or diluted with commercial levels of defoamer or boricacid, except as noted below.
The following products are specifically excluded from the scopeof these orders:
(1) PVA in fiber form.
(2) PVA with hydrolysis less than 83 mole percent and certifiednot for use in the production of textiles.
(3) PVA with hydrolysis greater than 85 percent and viscositygreater than or equal to 90 cps.
(4) PVA with a hydrolysis greater than 85 percent, viscositygreater than or equal to 80 cps but less than 90 cps, certified foruse in an ink jet application.
(5) PVA for use in the manufacture of an excipient or as anexcipient in the manufacture of film coating systems which arecomponents of a drug or dietary supplement, and accompanied by anend-use certification.
(6) PVA covalently bonded with cationic monomer uniformlypresent on all polymer chains in a concentration equal to orgreater than one mole percent.
(7) PVA covalently bonded with carboxylic acid uniformly presenton all polymer chains in a concentration equal to or greater thantwo mole percent, certified for use in a paper application.
(8) PVA covalently bonded with thiol uniformly present on allpolymer chains, certified for use in emulsion polymerization ofnon-vinyl acetic material.
(9) PVA covalently bonded with paraffin uniformly present on allpolymer chains in a concentration equal to or greater than one molepercent.
(10) PVA covalently bonded with silan uniformly present on allpolymer chains certified for use in paper coating applications.
(11) PVA covalently bonded with sulfonic acid uniformly presenton all polymer chains in a concentration level equal to or greaterthan one mole percent.
(12) PVA covalently bonded with acetoacetylate uniformly presenton all polymer chains in a concentration level equal to or greaterthan one mole percent.
(13) PVA covalently bonded with polyethylene oxide uniformlypresent on all polymer chains in a concentration level equal to orgreater than one mole percent.
(14) PVA covalently bonded with quaternary amine uniformlypresent on all polymer chains in a concentration level equal to orgreater than one mole percent.
(15) PVA covalently bonded with diacetoneacrylamide uniformlypresent on all polymer chains in a concentration level greater thanthree mole percent, certified for use in a paper application.
The merchandise subject to these orders is currentlyclassifiable under subheading 3905.30.00 of the Harmonized TariffSchedule of the United States (HTSUS). Although the HTSUSsubheading is provided for convenience and customs purposes, thewritten description of the scope of these orders is dispositive.
Analysis of Comments Received
All issues raised in these reviews are addressed in the "Issuesand Decision Memorandum for the Expedited Sunset Reviews of theAntidumping Duty Orders on Polyvinyl Alcohol from Japan, theRepublic of Korea, and the People's Republic of China" from StephenJ. Claeys, Deputy Assistant Secretary for Import Administration, toDavid M. Spooner, Assistant Secretary for Import Administration(September 29, 2008) (Decision Memo), which is hereby adopted bythis notice. The issues discussed in the Decision Memo include thelikelihood of continuation or recurrence of dumping and themagnitude of the margins likely to prevail if the orders wererevoked. Parties can find a complete discussion of all issuesraised in these reviews and the corresponding recommendations inthis public memorandum which is on file in the Central RecordsUnit, room 1117 of the main Department building.
In addition, a complete version of the Decision Memo can beaccessed directly on the Web at http://ia.ita.doc.gov/frn. Thepaper copy and electronic version of the Decision Memo areidentical in content.
Final Results of Reviews
We determine that revocation of the antidumping duty orders onPVA from Japan, Korea, and the PRC would be likely to lead tocontinuation or recurrence of dumping at the followingweighted-average percentage margins:






This notice also serves as the only reminder to parties subjectto administrative protective orders (APO) of their responsibilityconcerning the return or destruction of proprietary informationdisclosed under APO in accordance with 19 CFR 351.305. Timelynotification of the return or destruction of APO materials orconversion to judicial protective orders is hereby requested.Failure to comply with the regulations and terms of an APO is aviolation which is subject to sanction.
We are issuing and publishing the results and notice inaccordance with sections 751(c), 752(c), and 777(i)(1) of the Act.
Dated: September 29, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-23455 Filed 10-2-08; 8:45 am]
BILLING CODE 3510-DS-P
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