[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.

------------------------------------------------------------------------
                                                                 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