[Federal Register: March 7, 2003 (Volume 68, Number 45)]
[Notices]               
[Page 11144-11146]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07mr03-135]                         

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INTERNATIONAL TRADE COMMISSION

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

 
Polyvinyl Alcohol From Germany and Japan

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigations Nos. 731-TA-1015-1016 (Final) 
under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) 
(the Act) to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of less-than-fair-value imports from Germany and 
Japan of polyvinyl alcohol, provided for in subheading 3905.30.00 of 
the Harmonized Tariff Schedule of the United States.\1\
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    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as all polyvinyl 
alcohol (``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 investigations:
    (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.

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[[Page 11145]]

    For further information concerning the conduct of this phase of 
these investigations, hearing procedures, and rules of general 
application, consult the Commission's Rules of Practice and Procedure, 
part 201, subparts A through E (19 CFR part 201), and part 207, 
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subparts A and C (19 CFR part 207).

EFFECTIVE DATE: February 26, 2003.

FOR FURTHER INFORMATION CONTACT: Debra Baker (202-205-3180), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its Internet server 
(http://www.usitc.gov). The public record for these investigations may 

(http://www.usitc.gov). The public record for these investigations may 

be viewed on the Commission's electronic docket (EDIS-ON-LINE) at 
http://edis.usitc.gov.


SUPPLEMENTARY INFORMATION:

Background

    The final phase of these investigations is being scheduled as a 
result of affirmative preliminary determinations by the Department of 
Commerce that imports of polyvinyl alcohol from Germany and Japan are 
being sold in the United States at less than fair value within the 
meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations 
were requested in a petition filed on September 5, 2002, by Celanese 
Chemicals, Ltd. of Dallas, TX and E.I. du Pont de Nemours & Co. of 
Wilmington, DE.

Participation in the Investigations and Public Service List

    Persons, including industrial users of the subject merchandise and, 
if the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.

Limited Disclosure of Business Proprietary Information (BPI) Under an 
Administrative Protective Order (APO) and BPI Service List

    Pursuant to section 207.7(a) of the Commission's rules, the 
Secretary will make BPI gathered in the final phase of these 
investigations available to authorized applicants under the APO issued 
in the investigations, provided that the application is made no later 
than 21 days prior to the hearing date specified in this notice. 
Authorized applicants must represent interested parties, as defined by 
19 U.S.C. 1677(9), who are parties to the investigations. A party 
granted access to BPI in the preliminary phase of the investigations 
need not reapply for such access. A separate service list will be 
maintained by the Secretary for those parties authorized to receive BPI 
under the APO.

Staff Report

    The prehearing staff report in the final phase of these 
investigations will be placed in the nonpublic record on April 24, 
2003, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.

Hearing

    The Commission will hold a hearing in connection with the final 
phase of these investigations beginning at 9:30 a.m. on May 8, 2003, at 
the U.S. International Trade Commission Building. Requests to appear at 
the hearing should be filed in writing with the Secretary to the 
Commission on or before May 1, 2003. A nonparty who has testimony that 
may aid the Commission's deliberations may request permission to 
present a short statement at the hearing. All parties and nonparties 
desiring to appear at the hearing and make oral presentations should 
attend a prehearing conference to be held at 9:30 a.m. on May 5, 2003, 
at the U.S. International Trade Commission Building. Oral testimony and 
written materials to be submitted at the public hearing are governed by 
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. 
Parties must submit any request to present a portion of their hearing 
testimony in camera no later than 7 days prior to the date of the 
hearing.

Written Submissions

    Each party who is an interested party shall submit a prehearing 
brief to the Commission. Prehearing briefs must conform with the 
provisions of section 207.23 of the Commission's rules; the deadline 
for filing is May 1, 2003. Parties may also file written testimony in 
connection with their presentation at the hearing, as provided in 
section 207.24 of the Commission's rules, and posthearing briefs, which 
must conform with the provisions of section 207.25 of the Commission's 
rules. The deadline for filing posthearing briefs is May 15, 2003; 
witness testimony must be filed no later than three days before the 
hearing. In addition, any person who has not entered an appearance as a 
party to the investigations may submit a written statement of 
information pertinent to the subject of the investigations on or before 
May 15, 2003. On May 30, 2003, the Commission will make available to 
parties all information on which they have not had an opportunity to 
comment. Parties may submit final comments on this information on or 
before June 3, but such final comments must not contain new factual 
information and must otherwise comply with section 207.30 of the 
Commission's rules. All written submissions must conform with the 
provisions of section 201.8 of the Commission's rules; any submissions 
that contain BPI must also conform with

[[Page 11146]]

the requirements of sections 201.6, 207.3, and 207.7 of the 
Commission's rules. The Commission's rules do not authorize filing of 
submissions with the Secretary by facsimile or electronic means, except 
to the extent permitted by section 201.8 of the Commission's rules, as 
amended, 67 FR 68036 (November 8, 2002).
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: March 3, 2003.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-5364 Filed 3-6-03; 8:45 am]
BILLING CODE 7020-02-P