[Federal Register: July 2, 2003 (Volume 68, Number 127)]
[Notices]
[Page 39518-39520]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy03-41]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-861]
Antidumping Duty Order: Polyvinyl Alcohol From Japan
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of antidumping duty order.
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SUMMARY: Pursuant to section 736(a) of the Tariff Act of 1930, as
amended, the Department of Commerce is issuing an
[[Page 39519]]
antidumping duty order on polyvinyl alcohol from Japan.
EFFECTIVE DATE: July 2, 2003.
FOR FURTHER INFORMATION CONTACT: Michael Strollo, AD/CVD Enforcement
Group I, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0629.
SUPPLEMENTARY INFORMATION:
Scope of Order
The merchandise covered by this investigation is polyvinyl alcohol
(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.
(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 scope
of this proceeding is dispositive.
Antidumping Duty Order
On June 18, 2003, pursuant to section 735(b)(1)(A)(ii) of the
Tariff Act of 1930, as amended (the Act), the International Trade
Commission (the ITC) notified the Department of Commerce (the
Department) of its final determination that the industry in the United
States producing PVA is threatened with material injury by reason of
import of the subject merchandise from Japan. In accordance with
section 736(a)(1) of the Act, the Department will direct the U.S.
Bureau of Customs and Border Protection (Customs) to assess, upon
further advice by the administering authority, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
U.S. price of the merchandise for all relevant entries of PVA from
Japan. In accordance with section 736(b)(2) of the Act, duties shall be
assessed on subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the ITC's notice
of final determination if that determination is based on the threat of
material injury and is not accompanied by a finding that injury would
have resulted but for the imposition of suspension of liquidation of
entries since the Department's preliminary determination. In addition,
section 736(b)(2) of the Act requires Customs to refund any cash
deposits or bonds of estimated antidumping duties posted since the
Department's preliminary antidumping determination if the ITC's final
determination is based on a threat of material injury.
Because the ITC's final determination in this case is based on the
threat of material injury and is not accompanied by a finding that
injury would have resulted but for the imposition of suspension of
liquidation of entries since the Department's preliminary
determination, section 736(b)(2) of the Act is applicable to this
order. Therefore, the Department will direct Customs to assess, upon
further advice, antidumping duties on all unliquidated entries of PVA
from Japan entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the ITC's notice of final
determination of threat of material injury in the Federal Register and
terminate the suspension of liquidation for entries of PVA from Japan
entered, or withdrawn from warehouse, for consumption prior to that
date. The Department will also instruct Customs to refund any cash
deposits made, or bonds posted, between the publication date of the
Department's preliminary antidumping determination and the publication
of the ITC's final determination.
On or after the date of publication of the ITC's notice of final
determination in the Federal Register, Customs will require, at the
same time as importers would normally deposit estimated duties, cash
deposits for the subject merchandise equal to the estimated weighted-
average dumping margins listed below. The ``All Others'' rate applies
to all exporters of subject merchandise not specifically listed below.
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Margin
Manufacturer/exporter (percent)
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Denki Kagaku Kogyo Kabushiki Kaisha.......................... 144.16
Japan VAM & POVAL Co., Ltd................................... 144.16
Kuraray Co., Ltd............................................. 144.16
The Nippon Synthetic Chemical Industry Co., Ltd.............. 144.16
All Others................................................... 76.78
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This notice constitutes the antidumping duty order with respect to
PVA from Japan, pursuant to section 736(a) of the Act. Interested
parties may contact the Department's Central Records Unit, Room B-099
of the Main Commerce Building, for copies of an updated list of
antidumping duty orders currently in effect.
This order is published in accordance with section 736(a) of Act
and 19 CFR 351.211.
[[Page 39520]]
Dated: June 25, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-16668 Filed 7-1-03; 8:45 am]
BILLING CODE 3510-DS-P