[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
------------------------------------------------------------------------

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]