[Federal Register: April 21, 2003 (Volume 68, Number 76)]
[Notices]
[Page 19509-19510]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap03-51]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-836]
Notice of Final Determination of Sales at Less Than Fair Value:
Polyvinyl Alcohol from Germany
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 21, 2003.
FOR FURTHER INFORMATION CONTACT: Mike Strollo or Patrick Connolly at
(202) 482-0629 or (202) 482-1779, respectively, Office of AD/CVD
Enforcement, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
FINAL DETERMINATION:
We determine that polyvinyl alcohol (PVA) from Germany is being
sold, or is likely to be sold, in the United States at less than fair
value (LTFV), as provided in section 735 of the Tariff Act of 1930, as
amended (the Act). The estimated margins of sales at LTFV are shown in
the ``Suspension of Liquidation'' section of this notice.
Background
The preliminary determination in this investigation was issued on
February 12, 2003. See Notice of Preliminary Determination of Sales at
Less Than Fair Value: Polyvinyl Alcohol from Germany, 68 FR 7980 (Feb.
19, 2003) (Preliminary Determination).
Since the preliminary determination, the following events have
occurred. On March 3, 2003, the petitioners agreed to revise the scope
of the companion case on PVA from Japan to exclude certain types of PVA
covalently bonded with diacetoneacrylamide. The petitioners' submission
was made in response to a request by Japan VAM and POVAL Co., Ltd., one
of the mandatory respondents in the companion Japanese case.
Because these comments relate to PVA in general, we find that they
are applicable to this proceeding. Accordingly, as we did in the
preliminary determination, we have modified the scope to conform to
that set forth in the companion Japanese proceeding, as described
below. See the Notice of Final Determination of Sales at Less Than Fair
Value: Polyvinyl Alcohol from Japan, published in the Federal Register
concurrently with this notice.
Scope of Investigation
The merchandise covered by this investigation is PVA. This product
consists of all PVA hydrolyzed in excess of 80 percent, whether or not
mixed or diluted with commercial levels of defoamer or boric acid,
except as noted below.
The following products are specifically excluded from the scope of
this investigation:
(1) PVA in fiber form.
(2) PVA with hydrolysis less than 83 mole percent and certified not
for use in the production of textiles.
(3) PVA with hydrolysis greater than 85 percent and viscosity
greater than or equal to 90 cps.
(4) PVA with a hydrolysis greater than 85 percent, viscosity
greater than or equal to 80 cps but less than 90 cps, certified for use
in an ink jet application.
(5) PVA for use in the manufacture of an excipient or as an
excipient in the manufacture of film coating systems which are
components of a drug or dietary supplement, and accompanied by an end-
use certification.
(6) PVA covalently bonded with cationic monomer uniformly present
on all polymer chains in a concentration equal to or greater than one
mole percent.
(7) PVA covalently bonded with carboxylic acid uniformly present on
all polymer chains in a concentration equal to or greater than two mole
percent, certified for use in a paper application.
(8) PVA covalently bonded with thiol uniformly present on all
polymer chains, certified for use in emulsion polymerization of non-
vinyl acetic material.
(9) PVA covalently bonded with paraffin uniformly present on all
polymer chains in a concentration equal to or greater than one mole
percent.
[[Page 19510]]
(10) PVA covalently bonded with silan uniformly present on all
polymer chains certified for use in paper coating applications.
(11) PVA covalently bonded with sulfonic acid uniformly present on
all polymer chains in a concentration level equal to or greater than
one mole percent.
(12) PVA covalently bonded with acetoacetylate uniformly present on
all polymer chains in a concentration level equal to or greater than
one mole percent.
(13) PVA covalently bonded with polyethylene oxide uniformly
present on all polymer chains in a concentration level equal to or
greater than one mole percent.
(14) PVA covalently bonded with quaternary amine uniformly present
on all polymer chains in a concentration level equal to or greater than
one mole percent.
(15) PVA covalently bonded with diacetoneacrylamide uniformly
present on all polymer chains in a concentration level greater than
three mole percent, certified for use in a paper application.
The merchandise under investigation is currently classifiable under
subheading 3905.30.00 of the Harmonized Tariff Schedule of the United
States (HTSUS). Although the HTSUS subheading is provided for
convenience and customs purposes, the written description of the
merchandise under investigation is dispositive.
Period of Investigation
The POI is July 1, 2001, through June 30, 2002. This period
corresponds to the four most recent fiscal quarters prior to the month
of the filing of the petition (i.e., September 2002).
Facts Available
In the preliminary determination, we based the dumping margin for
the two mandatory respondents in this case, Clariant GMBH (Clariant)
and Kuraray Specialties Europe GMBH (Kuraray Europe), on adverse facts
available pursuant to section 776(b) of the Act. The use of adverse
facts available was warranted because Clariant and Kuraray Europe, as
mandatory respondents, failed to supply the information requested in
the antidumping duty questionnaires issued to them. Therefore, we found
that Clariant and Kuraray Europe failed to cooperate by not acting to
the best of their ability. As a result, pursuant to section 776(b) of
the Act, we used an adverse inference in selecting from the facts
available. Specifically, we assigned Clariant and Kuraray Europe the
highest margin stated in the notice of initiation (i.e., 19.05
percent). We continue to find this margin corroborated, pursuant to
section 776(c) of the Act. A complete explanation of both the selection
and application of facts available can be found in the Preliminary
Determination, 68 FR at 7981-82.
No interested parties have commented on the use of adverse facts
available for Clariant and Kuraray Europe in this investigation, or to
the choice of the facts available margin. Accordingly, for the final
determination, we are continuing to use the highest margin stated in
the notice of initiation for both Clariant and Kuraray Europe. See the
Preliminary Determination, 68 FR at 7983.
We have left unchanged from the preliminary determination the ``All
Others Rate'' in this investigation. See the Preliminary Determination,
68 FR at 7983.
Analysis of Comments Received
We received no comments from interested parties in response to our
preliminary determination. We did not hold a hearing because none was
requested.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we are
directing the Customs Service to continue to suspend all entries of PVA
from Germany, that are entered, or withdrawn from warehouse, for
consumption on or after February 19, 2003, the date of publication of
our preliminary determination. The Customs Service shall continue to
require a cash deposit or the posting of a bond equal to the estimated
amount by which the normal value exceeds the U.S. price as shown below.
These instructions suspending liquidation will remain in effect until
further notice.
The dumping margins are provided below:
------------------------------------------------------------------------
Margin
Manufacturer/exporter [chyph](percent)
------------------------------------------------------------------------
Clariant GMBH......................................... 19.05
Kuraray Specialties Europe GMBH....................... 19.05
All Others............................................ 10.75
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ITC Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (ITC) of our determination. As our final
determination is affirmative, the ITC will, within 45 days, determine
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry. If the ITC determines that material
injury or threat of material injury does not exist, the proceeding will
be terminated and all securities posted will be refunded or canceled.
If the ITC determines that such injury does exist, the Department will
issue an antidumping duty order directing the Customs Service to assess
antidumping duties on all imports of the subject merchandise entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding APO
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 351.305. Timely notification of return/
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
This determination is issued and published pursuant to sections
735(d) and 777(i)(1) of the Act.
Dated: April 14, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-9735 Filed 4-18-03; 8:45 am]