Antidumping: Polyvinyl alcohol from Japan,
[Federal Register: April 30, 1998 (Volume 63, Number 83)]
[Notices]
[Page 23722-23723]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ap98-41]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-836]
Polyvinyl Alcohol From Japan: Notice of Initiation and Preliminary Results of Changed Circumstances Antidumping Duty Review, and Intent To Revoke Order in Part
AGENCY: Import Administration, International Trade Administration, Department of Commerce.
ACTION: Notice of initiation and preliminary results of changed circumstances antidumping duty review, and intent to revoke order in part.
SUMMARY: In response to a request made on March 12, 1998, by Colorcon, Inc., the Department of Commerce is initiating a changed circumstances antidumping duty review and issuing a preliminary intent to revoke in part the antidumping duty order on polyvinyl alcohol from Japan, the scope of which currently includes polyvinyl alcohol for use as a pharmaceutical excipient or for use in the manufacture of film coating systems which are components of a drug or dietary supplement. Air Products and Chemicals, Inc., the petitioner in this case, has expressed no further interest in the relief provided by the antidumping duty order with respect to polyvinyl alcohol imported from Japan for use as a pharmaceutical excipient or for use in the manufacture of film coating systems which are components of a drug or dietary supplement. Accordingly we intend to partially revoke this order.
EFFECTIVE DATE: April 30, 1998.
The Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of 1930, as amended (``the Act''), are references to the provisions effective January 1, 1995, the effective date of the amendments made to the Act by the Uruguay Round Agreements Act (``URAA''). In addition, unless otherwise indicated, all citations to the Department of Commerce's (``the Department's'') regulations are to the regulations at 19 CFR Part 351 (62 FR 27296, May 19, 1997).
FOR FURTHER INFORMATION CONTACT: Brian Ledgerwood or Sunkyu Kim, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-3836 or (202) 482-2613, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 14, 1996, the Department published in the Federal Register (61 FR 24286) an antidumping duty order on polyvinyl alcohol (``PVA'') from Japan. On March 12, 1998, Colorcon, Inc. (``Colorcon'') requested that the Department conduct a changed circumstances review and revoke, in part, the antidumping duty order with respect to PVA from Japan which is used as a pharmaceutical excipient or for use in the manufacture of film coating systems which are components of a drug or dietary supplement. Colorcon included in its request a statement from the petitioner dated October 30, 1997, expressing (i) no objection to a changed circumstances review, and (ii) no further interest in maintaining the antidumping duty order with respect to PVA imported from Japan for use in the manner described above.
Scope of Review
The product covered by this review is PVA. PVA is a dry, white to cream-colored, water-soluble synthetic polymer. Excluded from this review are PVAs covalently bonded with acetoacetylate, carboxylic acid, or sulfonic acid uniformly present on all polymer chains in a concentration equal to or greater than two mole percent, and PVAs covalently bonded with silane uniformly present on all polymer chains in a concentration equal to or greater than one-tenth of one mole percent. PVA in fiber form is not included in the scope of this review.
The merchandise under review 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, our written description of the scope is dispositive.
Initiation and Preliminary Results of Changed Circumstances Review, and Intent To Revoke Order in Part
Pursuant to section 751(d) of the Act, the Department may partially revoke an antidumping duty order based on a review under section 751(b) of the Act (i.e., a changed circumstances review). Section 751(b)(1) of the Act requires a changed circumstances administrative review to be conducted upon receipt of a request containing information concerning changed circumstances sufficient to warrant a review.
Section 351.222(g) of the Department's regulations provides that the Department will conduct a changed circumstances review under 19 CFR 351.216, and may revoke an order in whole or in part if it determines that the producers accounting for substantially all of the production of the domestic like product to which the order pertains have expressed a lack of interest in the order, in whole or in part. In addition, in the event that the Department concludes that expedited action is warranted, section 351.221(c)(3)(ii) of the regulations permits the Department to combine the notices of initiation and preliminary results. Therefore, in accordance with sections 751(b) of the Act and 19 CFR 351.216, 351.221, and
[[Page 23723]]
351.222, based on an affirmative statement of no interest by the petitioner in continuing the order with respect to PVA imported from Japan for use as a pharmaceutical excipient or for use in the manufacture of film coating systems which are components of a drug or dietary supplement, we are initiating this changed circumstances administrative review. Based on the fact that no other interested parties have objected to the position taken by the petitioner, we have determined that expedited action is warranted, and we are combining these notices of initiation and preliminary results. We have preliminarily determined that there are changed circumstances sufficient to warrant partial revocation of the antidumping duty order on PVA from Japan. Therefore, we are hereby notifying the public of our intent to revoke, in part, the antidumping duty order as it relates to imports of PVA for use as a pharmaceutical excipient or for use in the manufacture of film coating systems which are components of a drug or dietary supplement.
If final revocation, in part, occurs, we intend to instruct the Customs Service to end, effective on the date of publication in the Federal Register of the final notice of partial revocation, the suspension of liquidation and to refund any estimated antidumping duties collected for all unliquidated entries of the above described PVA not subject to final results of an administrative review. We will also instruct the Customs Service to pay interest on such refunds in accordance with section 778 of the Act. The current requirement for a cash deposit of estimated antidumping duties will continue until publication of the final results of this changed circumstances review.
Public Comment
Interested parties may submit case briefs and/or written comments no later than 30 days after the date of publication of these results. Rebuttal briefs and rebuttals to written comments, limited to issues raised in such briefs or comments, may be filedno later than 37 days after the date of publication of these results. The Department will issue the final results of this changed circumstances review, which will include the results of its analysis raised in any such written comments, no later than 270 days after the date on which this review was initiated, or within 45 days if all parties agree to our preliminary results.
This initiation of review and notice are in accordance with section 751(b) of the Act (19 U.S.C. 1675(b)), and 19 CFR 351.216, 351.221, and 351.222.
Dated: April 22, 1998. Robert S. LaRussa, Assistant Secretary for Import Administration.
[FR Doc. 98-11529Filed4-29-98; 8:45 am]
BILLING CODE 3510-DS-P
