[Federal Register: March 7, 2003 (Volume 68, Number 45)]
[Notices]
[Page 11144-11146]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07mr03-135]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 731-TA-1015-1016 (Final)]
Polyvinyl Alcohol From Germany and Japan
AGENCY: United States International Trade Commission.
ACTION: Scheduling of the final phase of antidumping investigations.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigations Nos. 731-TA-1015-1016 (Final)
under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b))
(the Act) to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of less-than-fair-value imports from Germany and
Japan of polyvinyl alcohol, provided for in subheading 3905.30.00 of
the Harmonized Tariff Schedule of the United States.\1\
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\1\ For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as all polyvinyl
alcohol (``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 these investigations:
(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.
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[[Page 11145]]
For further information concerning the conduct of this phase of
these investigations, hearing procedures, and rules of general
application, consult the Commission's Rules of Practice and Procedure,
part 201, subparts A through E (19 CFR part 201), and part 207,
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subparts A and C (19 CFR part 207).
EFFECTIVE DATE: February 26, 2003.
FOR FURTHER INFORMATION CONTACT: Debra Baker (202-205-3180), Office of
Investigations, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 202-205-2000. General information concerning
the Commission may also be obtained by accessing its Internet server
(http://www.usitc.gov). The public record for these investigations may
(http://www.usitc.gov). The public record for these investigations may
be viewed on the Commission's electronic docket (EDIS-ON-LINE) at
http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background
The final phase of these investigations is being scheduled as a
result of affirmative preliminary determinations by the Department of
Commerce that imports of polyvinyl alcohol from Germany and Japan are
being sold in the United States at less than fair value within the
meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations
were requested in a petition filed on September 5, 2002, by Celanese
Chemicals, Ltd. of Dallas, TX and E.I. du Pont de Nemours & Co. of
Wilmington, DE.
Participation in the Investigations and Public Service List
Persons, including industrial users of the subject merchandise and,
if the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited Disclosure of Business Proprietary Information (BPI) Under an
Administrative Protective Order (APO) and BPI Service List
Pursuant to section 207.7(a) of the Commission's rules, the
Secretary will make BPI gathered in the final phase of these
investigations available to authorized applicants under the APO issued
in the investigations, provided that the application is made no later
than 21 days prior to the hearing date specified in this notice.
Authorized applicants must represent interested parties, as defined by
19 U.S.C. 1677(9), who are parties to the investigations. A party
granted access to BPI in the preliminary phase of the investigations
need not reapply for such access. A separate service list will be
maintained by the Secretary for those parties authorized to receive BPI
under the APO.
Staff Report
The prehearing staff report in the final phase of these
investigations will be placed in the nonpublic record on April 24,
2003, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing
The Commission will hold a hearing in connection with the final
phase of these investigations beginning at 9:30 a.m. on May 8, 2003, at
the U.S. International Trade Commission Building. Requests to appear at
the hearing should be filed in writing with the Secretary to the
Commission on or before May 1, 2003. A nonparty who has testimony that
may aid the Commission's deliberations may request permission to
present a short statement at the hearing. All parties and nonparties
desiring to appear at the hearing and make oral presentations should
attend a prehearing conference to be held at 9:30 a.m. on May 5, 2003,
at the U.S. International Trade Commission Building. Oral testimony and
written materials to be submitted at the public hearing are governed by
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules.
Parties must submit any request to present a portion of their hearing
testimony in camera no later than 7 days prior to the date of the
hearing.
Written Submissions
Each party who is an interested party shall submit a prehearing
brief to the Commission. Prehearing briefs must conform with the
provisions of section 207.23 of the Commission's rules; the deadline
for filing is May 1, 2003. Parties may also file written testimony in
connection with their presentation at the hearing, as provided in
section 207.24 of the Commission's rules, and posthearing briefs, which
must conform with the provisions of section 207.25 of the Commission's
rules. The deadline for filing posthearing briefs is May 15, 2003;
witness testimony must be filed no later than three days before the
hearing. In addition, any person who has not entered an appearance as a
party to the investigations may submit a written statement of
information pertinent to the subject of the investigations on or before
May 15, 2003. On May 30, 2003, the Commission will make available to
parties all information on which they have not had an opportunity to
comment. Parties may submit final comments on this information on or
before June 3, but such final comments must not contain new factual
information and must otherwise comply with section 207.30 of the
Commission's rules. All written submissions must conform with the
provisions of section 201.8 of the Commission's rules; any submissions
that contain BPI must also conform with
[[Page 11146]]
the requirements of sections 201.6, 207.3, and 207.7 of the
Commission's rules. The Commission's rules do not authorize filing of
submissions with the Secretary by facsimile or electronic means, except
to the extent permitted by section 201.8 of the Commission's rules, as
amended, 67 FR 68036 (November 8, 2002).
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under
authority of title VII of the Tariff Act of 1930; this notice is
published pursuant to section 207.21 of the Commission's rules.
By order of the Commission.
Issued: March 3, 2003.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-5364 Filed 3-6-03; 8:45 am]
BILLING CODE 7020-02-P