[Federal Register: June 27, 2003 (Volume 68, Number 124)]
[Notices]               
[Page 38386]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn03-107]                         

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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 731-TA-1015-1016 (Final)]

 
Polyvinyl Alcohol From Germany and Japan

Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(Commission) determines, pursuant to section 735(b) of the Tariff Act 
of 1930 (19 U.S.C. 1673d(b)) (the Act), that an industry in the United 
States is threatened with material injury \2\ by reason of imports from 
Japan of polyvinyl alcohol (``PVA''),\3\ provided for in subheading 
3905.30.00 of the Harmonized Tariff Schedule of the United States, that 
have been found by the Department of Commerce (Commerce) to be sold in 
the United States at less than fair value (LTFV).\4\ The Commission 
also determines, pursuant to section 735(b) of the Act, that an 
industry in the United States is not materially injured or threatened 
with material injury, and the establishment of an industry in the 
United States is not materially retarded, by reason of imports from 
Germany of PVA that have been found by Commerce to be sold in the 
United States at LTFV.
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    \1\ The record is defined in Sec.  207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ Pursuant to section 735(b)(4)(B) of the Act (19 U.S.C. 
1673d(b)(4)(B)), the Commission further determines that it would not 
have found material injury by reason of the subject imports from 
Japan but for any suspension of liquidation of entries of that 
merchandise.
    \3\ For purposes of these investigations, PVA is defined as all 
polyvinyl alcohol hydrolyzed in excess of 80 percent, whether or not 
mixed or diluted with commercial levels of defoamer or boric acid, 
except as excluded from the definition. The following forms of 
polyvinyl alcohol are excluded from the definition of PVA:
    (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; and
    (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.
    \4\ Vice Chairman Jennifer A. Hillman made a negative 
determination with respect to Japan.
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Background

    The Commission instituted these investigations effective September 
5, 2002, following receipt of a petition filed with the Commission and 
Commerce by Celanese, Ltd. of Dallas, TX and E.I. du Pont de Nemours & 
Co. of Wilmington, DE. The final phases of the investigations were 
scheduled by the Commission following notification of preliminary 
determinations by Commerce that imports of polyvinyl alcohol from 
Germany and Japan were being sold at LTFV within the meaning of section 
733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the 
final phases of the Commission's investigations and of a public hearing 
to be held in connection therewith was given by posting copies of the 
notice in the Office of the Secretary, U.S. International Trade 
Commission, Washington, DC, and by publishing the notice in the Federal 
Register of March 7, 2003 (68 FR 11144). The hearing was held in 
Washington, DC, on May 8, 2003, and all persons who requested the 
opportunity were permitted to appear in person or by counsel.
    The Commission transmitted its determinations in these 
investigations to the Secretary of Commerce on June 18, 2003. The views 
of the Commission are contained in USITC Publication 3604 (June 2003), 
entitled Polyvinyl Alcohol from Germany and Japan: Investigations Nos. 
1015-1016 (Final).

    By order of the Commission.

    Issued: June 23, 2003.
Marilyn R. Abbott,
Secretary.
[FR Doc. 03-16364 Filed 6-26-03; 8:45 am]
BILLING CODE 7020-02-P