Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders: Polyvinyl Alcohol from Japan, the Republic of Korea, and the People's Republic of China

Federal Register: October 3, 2008 (Volume 73, Number 193)

Notices

Page 57596-57597

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr03oc08-32

DEPARTMENT OF COMMERCE

International Trade Administration

A-588-861, A-580-850, A-570-879

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

People's Republic of China: Final Results of the Expedited Sunset

Reviews of the Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

SUMMARY: On June 5, 2008, the Department of Commerce (the Department) initiated sunset reviews of the antidumping duty orders on polyvinyl alcohol (PVA) from Japan, the Republic of Korea (Korea), and the

People's Republic of China (PRC) pursuant to section 751(c) of the

Tariff Act of 1930, as amended (the Act). The Department has conducted expedited (120-day) sunset reviews for these orders pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of these sunset reviews, the

Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping.

DATES: Effective Date: October 3, 2008.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Miriam Eqab, 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

Background

On June 5, 2008, the Department published the notice of initiation of the sunset reviews of the antidumping duty orders on PVA from Japan,

Korea, and the PRC pursuant to section 751(c) of the Act. See

Initiation of Five-Year (``Sunset'') Reviews, 73 FR 31974 (June 5, 2008) (Notice of Initiation).

The Department received notices of intent to participate from

Celanese Chemicals, Ltd. and E.I. Dupont de Nemours & Co.

(collectively, ``the domestic interested parties'') within the deadline specified in 19 CFR 351.218(d)(1)(i). The companies claimed interested party status under section 771(9)(C) of the Act as manufacturers of a domestic like product in the United States. The Department also received a notice of intent to participate from two Japanese respondent interested parties: The Nippon Synthetic Chemical Industry Co., Ltd. and Marubeni Specialty Chemicals Inc. The companies claimed interested party status under section 771(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 the notice of initiation from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no substantive responses from respondent interested parties with respect to any of the orders covered by these sunset reviews, nor was a hearing requested. As a result, pursuant to 19 CFR 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 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 these orders:

(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 subject to these orders 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 these orders is dispositive.

Analysis of Comments Received

All issues raised in these reviews are addressed in the ``Issues and Decision Memorandum for the Expedited Sunset Reviews of the

Antidumping Duty Orders on Polyvinyl Alcohol from Japan, the Republic of Korea, and the People's Republic of China'' from Stephen J. Claeys,

Deputy Assistant Secretary for Import Administration, to David M.

Spooner, Assistant Secretary for Import Administration (September 29, 2008) (Decision Memo), which is

Page 57597

hereby adopted by this notice. The issues discussed in the Decision

Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the orders were revoked. Parties can find a complete discussion of all issues raised in these reviews and the corresponding recommendations in this public memorandum which is on file in the Central Records Unit, room 1117 of the main Department building.

In addition, a complete version of the Decision Memo can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memo are identical in content.

Final Results of Reviews

We determine that revocation of the antidumping duty orders on PVA from Japan, Korea, and the PRC would be likely to lead to continuation or recurrence of dumping at the following weighted-average percentage margins:

Weighted- average

Manufacturers/exporters/ producers

margin

(percent)

Japan:

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 Rate..........................................

76.78

Korea:

DC Chemical Company, Ltd.................................

38.74

All-Others Rate..........................................

32.08

PRC:

Sinopec Sichuan Vinylon Works............................

5.51

PRC-Wide Rate............................................

97.86

This notice also serves as the only reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

We are issuing and publishing the results and notice in accordance 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