Polyvinyl Alcohol From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 27991-27994 [E6-7358]
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Federal Register / Vol. 71, No. 93 / Monday, May 15, 2006 / Notices
jlentini on PROD1PC65 with NOTICES
for constructed value which is imported
from the comparison market program to
the margin program; (7) removed an
incorrect adjustment made to
SICARTSA’s general and administrative
expense; (8) used the invoice date as the
date of sale in the comparison market
program; and (9) applied a per–unit
assessment rate. See May 8, 2006, Final
Calculation Memorandum for
Siderurgica Lazaro Cardenas Las
Truchas (SICARTSA).
Both Hylsa’s and SICARTSA’s
adjustments are discussed in detail in
the accompanying Wire Rod Decision
Memorandum.
rod from Mexico entered, or withdrawn
from warehouse, for consumption on or
after the publication date of these final
results, as provided by section 751(a) of
the Tariff Act of 1930, as amended (the
Act): (1) For SICARTSA and Hylsa, the
cash deposit rate will be the rate listed
above; (2) for merchandise exported by
producers or exporters not covered in
this review but covered a prior segment,
the cash deposit rate will continue to be
the company–specific rate from the final
results; (3) if the exporter is not a firm
covered in this review or a prior
segment, but the producer is, the cash
deposit rate will be that established for
Final Results of Review
the producer of the merchandise in
As a result of our review, we
these final results of review or in the
determine that the following weighted–
final determination; and (4) if neither
average margins exist for the period
the exporter nor the producer is a firm
October 01, 2003, through September
covered in this review or the
30, 2004:
investigation, the cash deposit rate will
be 20.11 percent, the ‘‘All Others’’ rate
Weighted–
established in the less–than-fair–value
Average
investigation. These deposit
Producer
Margin
(Percentrequirements shall remain in effect until
age)
publication of the final results of the
Hylsa ...........................................
1.81 next administrative review.
SICARTSA ..................................
1.26
This notice also serves as a final
reminder to importers of their
Assessment
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
The Department will determine, and
CBP shall assess, antidumping duties on reimbursement of antidumping duties
all appropriate entries, pursuant to 19
prior to liquidation of the relevant
CFR 351.212(b). For Hylsa, the
entries during this review period.
Department has calculated importer–
Failure to comply with this requirement
specific duty assessment rates on the
could result in the Secretary’s
basis of the ratio of the total amount of
presumption that reimbursement of
antidumping duties calculated for the
antidumping duties occurred and the
examined sales to the total entered
subsequent increase in antidumping
value of the examined sales for that
duties by the amount of antidumping
importer. For SICARTSA, the
duties reimbursed.
Department has calculated importer–
This notice also is the only reminder
specific assessment rates on a per–unit
to parties subject to administrative
basis. Specifically, to calculate the
protective order (APO) of their
assessment rate on a per–unit basis, the
responsibility concerning the return or
Department divided the total dumping
margin for SICARTSA (calculated as the destruction of proprietary information
difference between normal value and
disclosed under APO in accordance
export price) for each importer by the
with 19 CFR 351.305. Timely written
total quantity of subject merchandise
notification of the return/destruction of
sold to that importer during the POR.
APO materials or conversion to judicial
Where the assessment rate is above de
protective order is hereby requested.
minimis, we will instruct CBP to assess
Failure to comply with the regulations
duties on all entries of subject
and the terms of an APO is a
merchandise by that importer. The
sanctionable violation.
Department will issue appropriate
We are issuing and publishing these
assessment instructions directly to CBP
results and notice in accordance with
within 15 days of publication of these
sections 751(a)(1) and 777(i)(1) of the
final results of review.
Act.
Cash Deposits
Furthermore, the following deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of carbon and certain alloy steel wire
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16:54 May 12, 2006
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27991
Dated: May 8, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix
I. List of Comments:
Hylsa Puebla S.A. (Hysla)
Comment 1: Treatment of Home–Market
Sales of Redirected Merchandise
Comment 2: Recalculation of Hylsa’s
Warranty Expenses
Comment 3: Hylsa’s Cost of Materials
from Affiliated Suppliers - Major Input
Rule
Comment 4: Treatment of Sales with
Negative Dumping Margins (‘‘Zeroing’’)
Comment 5: Managerial Labor Costs
Comment 6: Parent Company General
and Administrative (‘‘G&A’’) Expenses
Comment 7: Parent Company Employee
Profit Sharing Expenses
Comment 8: Use of Monthly Costs for
Profit Calculations
Comment 9: Hylsa’s Home–Market
Credit Expenses
Comment 10: Error in the Calculation of
Net Price for U.S. Sales with Billing
Adjustments
Siderurgica Lazaro Cardenas las
Truchas, S.A. de C.V. (SICARTSA)
Comment 11. Major Input of Iron Ore
and Ferrous Scrap
Comment 12: Credit Expense using U.S.
Dollar Interest Rates
Comment 13: Assessment Rate
Comment 14: Adjustment to
SICARTSA’s G&A Expenses
Comment 15: Home–Market Discounts
and Rebates
Comment 16: Home–Market Credit
Expense
Comment 17: Treatment of Unpaid
Accounts Receivable
Comment 18: Incorrect File Name
[FR Doc. E6–7360 Filed 5–12–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–879
Polyvinyl Alcohol From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) published its
preliminary results of administrative
review of the antidumping duty order
on polyvinyl alcohol (‘‘PVA’’) from the
AGENCY:
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Federal Register / Vol. 71, No. 93 / Monday, May 15, 2006 / Notices
People’s Republic of China (‘‘PRC’’) on
November 7, 2005. See Polyvinyl
Alcohol from the People’s Republic of
China: Preliminary Results of
Antidumping Duty Administrative
Review, 70 FR 67434 (November 7,
2005) (‘‘Preliminary Results’’). The
period of review (‘‘POR’’) is August 11,
2003, through September 30, 2004. We
invited interested parties to comment on
our preliminary results. Based on our
analysis of the comments received, we
have made certain changes to our
calculations. The final dumping margins
for this review are listed in the ‘‘Final
Results of Review’’ section below.
EFFECTIVE DATE: May 15, 2006.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian, AD/CVD Operations,
Office 8, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202)
482–6412.
SUPPLEMENTARY INFORMATION:
Background
We invited parties to comment on our
Preliminary Results. On December 7,
2005, the Department received case
briefs from Petitioners 1 and the
respondent, Sinopec Sichuan Vinylon
Works (‘‘SVW’’). On December 16, 2005,
we received rebuttal comments from
Petitioners, SVW, and Solutia, Inc.
(‘‘Solutia’’), a domestic producer of
PVA. On February 7, 2006, the
Department issued a fifth Section D
supplemental questionnaire to SVW, to
which SVW responded on February 14,
2006. In addition, on February 7, 2006,
we issued a memorandum to all
interested parties requesting comments
regarding a change in the Department’s
calculated regression–based wage rate
methodology and in the allocation of the
labor benefits in the financial ratio
calculation. See Letter from Wendy
Frankel, Director, Office 8, to All
Interested Parties, dated February 7,
2006. Petitioners provided comments on
February 14, 2006. No other interested
party provided comments. We have
conducted this administrative review in
accordance with Section 751 of the
Tariff Act of 1930, as amended (‘‘the
Act’’), and 19 CFR 351.213.
jlentini on PROD1PC65 with NOTICES
Period of Review
The POR is August 11, 2003, through
September 30, 2004.
Scope of the Order
The merchandise covered by this
order is PVA. This product consists of
1 Celanese Chemicals, Ltd. and E.I. DuPont de
Nemours and Co. (collectively ‘‘Petitioners’’).
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16:54 May 12, 2006
Jkt 208001
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
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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 this order
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
order is dispositive.
Analysis of Comments Received
All issues raised in the post–
preliminary comments by parties in this
review are addressed in the
memorandum from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, to David M. Spooner,
Assistant Secretary for Import
Administration, ‘‘Issues and Decision
Memorandum for the Final Results of
the First Administrative Review of the
Antidumping Duty Order on Polyvinyl
Alcohol from the People’s Republic of
China,’’ dated May 8, 2006 (‘‘Issues and
Decision Memorandum’’), which is
hereby adopted by this notice. A list of
the issues which parties raised and to
which we responded in the Issues and
Decision Memorandum is attached to
this notice as an appendix. The Issues
and Decision Memorandum is a public
document which is on file in the Central
Records Unit (‘‘CRU’’) in room B–099 in
the main Department building, and is
accessible on the Web at https://
ia.ita.doc.gov/frn. The paper copy and
electronic version of the memorandum
are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have made changes in the
margin calculations for SVW.
• We changed our surrogate value labor
rate to the rate issued by the
Department in November 2005. See
Issues and Decision Memorandum at
Comment 9.
• We moved employee benefits of the
surrogate company from the direct
labor calculation into manufacturing
overhead. See Issues and Decision
Memorandum at Comment 8.
• For the preliminary results, we did not
value freon. However, for the final
results, we valued freon for our
margin calculations. See Issues and
Decision Memorandum at Comment 6.
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• In the preliminary results, we used a
heat–of-combustion methodology to
allocate costs to acetylene and
acetylene tail gas. For the final results,
we utilized a value–based allocation
methodology. See Issues and Decision
Memorandum at Comment 1.
• In the preliminary results, we
inadvertently added the value of the
steam by–product to acetylene and
acetylene tail gas. For the final results,
we revised the surrogate value for
steam to apply the intended by–
product credit. See Issues and
Decision Memorandum at Comment 1.
• For the preliminary results, we
inadvertently included a waterway
supplier distance in calculating the
weighted–average supplier distance
for coal. For the final results, we
removed this distance. See Final
Results of Administrative Review of
the Order on Polyvinyl Alcohol from
the People’s Republic of China:
Sinopec Sichuan Vinylon Works
Program Analysis for the Final Results
of Review from Lilit Astvatsatrian,
Case Analyst, through Robert Bolling,
Program Manager, to the File, dated
May 8, 2006 (‘‘Final Analysis
Memorandum.’’).
• We adjusted the calculation of self–
produced electricity as an input into
self–produced tap water, steam and
compressed air, and the calculation of
self–produced steam as an input into
self–produced 12 degree circulation
water, power generation boiler water,
de–oxygen water, methanol, vinyl
acetate monomer, and acetylene/
acetylene tail gas. See Issues and
Decision Memorandum at Comments
12 - 14.
• In the preliminary results, we
inadvertently applied the surrogate
value of pure water to the factor of 33
degree circulation water. For the final
results, we applied the surrogate
value of 33 degree circulation water to
the factor of 33 degree circulation
water. See Issues and Decision
Memorandum at Comment 15.
• In the preliminary results, we
intended to increase SVW’s direct
labor hours to account for unreported
engineering and production
management but inadvertently
applied the increase only to the last
stage of PVA production: the
production of finished PVA. For the
final results, we increased the direct
labor hours for the full PVA
production cycle. See Attachment 6 of
Preliminary Results of Review of the
Order on Polyvinyl Alcohol from the
People’s Republic of China: Sinopec
Sichuan Vinylon Works Program
Analysis for the Preliminary Results
of Review from Lilit Astvatsatrian,
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16:54 May 12, 2006
Jkt 208001
Case Analyst, through Robert Bolling,
Program Manager, to the File, dated
October 31, 2005, and Exhibit 1 of
Final Analysis Memorandum at page
4.
Surrogate Country
In the Preliminary Results, we stated
that we treat the PRC as a non–market
economy (‘‘NME’’) country, and,
therefore, we calculated normal value in
accordance with section 773(c) of the
Act, which applies to NME countries.
Also, we stated that we had selected
India as the appropriate surrogate
country to use in this review for the
following reasons: (1) it is a significant
producer of comparable merchandise;
and (2) it is at a similar level of
economic development, pursuant to
773(c)(4) of the Act. See Preliminary
Results, 70 FR 67436. For the final
results, we made no changes to our
findings with respect to the selection of
a surrogate country.
Separate Rates
In proceedings involving NME
countries, the Department begins with a
rebuttable presumption that all
companies within the country are
subject to government control and, thus,
should be assigned a single
antidumping duty deposit rate. It is the
Department’s policy to assign all
exporters of merchandise subject to
review in an NME country this single
rate unless an exporter can demonstrate
that it is sufficiently independent so as
to be entitled to a separate rate.
In the Preliminary Results, we found
that SVW demonstrated its eligibility for
separate–rate status. For the final
results, we continue to find that the
evidence placed on the record of this
review by SVW demonstrates an
absence of government control, both in
law and in fact, with respect to its
exports of the merchandise under
review, and, thus determine SVW is
eligible for separate–rate status.
Weighted–Average Dumping Margin
The weighted–average dumping
margin is as follows:
POLYVINYL ALCOHOL FROM THE PRC
Producer/Manufacturer/
Exporter
Weighted–Average
Margin (Percent)
SVW* ............................
0.04 %
* This rate is de minimis.
Assessment Rates
The Department will issue
appraisement instructions directly to
U.S. Customs and Border Protection
(‘‘CBP’’) within 15 days of publication
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27993
of these final results of administrative
review. In accordance with 19 CFR
351.212(b)(1), we have calculated
importer–specific assessment rates for
merchandise subject to this review. For
SVW, we divided the total dumping
margins of its reviewed sales by the total
entered value of its reviewed sales for
each applicable importer to calculate ad
valorem assessment rates. We will direct
CBP to assess the resulting assessment
rates against the entered customs values
for the subject merchandise on SVW’s
entries under the relevant order during
the POR.
To determine whether the duty
assessment rates were de minimis, in
accordance with the requirement set
forth in 19 CFR 351.106(c)(2), we
calculated importer–specific ad valorem
rates. For SVW, we aggregated the
dumping margins calculated for all U.S.
sales to each importer and divided this
amount by the entered value of the sales
to each importer. For further details see
Final Analysis Memorandum. Where an
importer–specific ad valorem rate is de
minimis, we will order CBP to liquidate
appropriate entries without regard to
antidumping duties.
Cash–Deposit Requirements
The following deposit requirements
will be effective upon publication of
this notice of final results of
administrative review for all shipments
of PVA from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication, as provided by section
751(a)(1) of the Act: (1) Because the cash
deposit rates for SVW is de minimis, no
cash deposit shall be required for SVW;
(2) for previously reviewed or
investigated companies not listed above
that have a separate rate, the cash
deposit rate will continue to be the
company–specific rate published for the
most recent period; (3) the cash deposit
rate for all other PRC exporters will be
97.86 percent, the current PRC–wide
rate; and (4) the cash deposit rate for all
non–PRC exporters will be the rate
applicable to the PRC exporter that
supplied that exporter. These deposit
requirements, when imposed, shall
remain in effect until publication of the
final results of the next administrative
review.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
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this requirement could result in the
Secretary’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties. This notice also serves as a
reminder to parties subject to
administrative protective orders
(‘‘APOs’’) of their responsibility
concerning the return or destruction of
proprietary information disclosed under
APO in accordance with 19 CFR
351.305. Timely written notification of
the return/destruction of APO materials
or conversion to judicial protective
order 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 this
determination and notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: May 8, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix
jlentini on PROD1PC65 with NOTICES
List of Comments and Issues in the
Decision Memorandum
Comment 1: Cost Allocation
Methodology of Acetylene and
Acetylene Tail Gas Co–Products
Comment 2: Surrogate Value for Natural
Gas
Comment 3: Surrogate Value for Coal
Comment 4: Surrogate Value Purity
Adjustment for Purchased Inputs
Sourced from Chemical Weekly
Comment 5: Surrogate Value for
Methanol
Comment 6: Valuation of Surrogate
Value for Freon
Comment 7: Inclusion of Excise Duty in
Surrogate Company’s Profit
Comment 8: Inclusion of Labor Benefits
in Factory Overhead
Comment 9: Surrogate Value for Wages
Comment 10: Treatment of By–Product
Offsets
Comment 11: Surrogate Value for
Brokerage and Handling
Comment 12: Use of Self–Produced
Electricity in the Production of Certain
Self–Produced Inputs
Comment 13: Use of Different Value of
Self–Produced Steam as an Input to
Other Self–Produced Inputs
Comment 14: Use of Self–Produced
Electricity in Calculation of the Cost of
33 Degree Circulation Water
Comment 15: Calculation of 33 Degree
Circulation Water in Margin Calculation
Program
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Jkt 208001
Comment 16: Correction of the
Calculation of Train Freight
[FR Doc. E6–7358 Filed 06–12–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 050406B]
Endangered and Threatened Species;
Take of Anadromous Fish
National Marine Fisheries
Service (NOAA Fisheries), National
Oceanic and Atmospheric
Administration (NOAA), Commerce.
ACTION: Receipt of applications for
renewal; modification of scientific
research/enhancement permit (1093);
request for comment.
AGENCY:
SUMMARY: Notice is hereby given that
NMFS has received applications to
renew and modify permits from U. S.
Geological Survey, Arcata, CA (Permit
1093). This permit would affect
Southern Oregon/Northern California
Coast (SONCC) coho salmon
(Oncorhynchus kisutch), Central
California Coast (CCC) coho salmon,
Northern California (NC) steelhead (O.
mykiss), and California Coastal (CC)
Chinook salmon (O. tshawytscha). This
document serves to notify the public of
the availability of the permit application
for review and comment before a final
approval or disapproval is made by
NMFS.
Written comments on the permit
application must be received at the
appropriate address or fax number (see
ADDRESSES) no later than 5 p.m.
Daylight Savings Time on June 14, 2006.
ADDRESSES: Written comments on any of
these renewal and modification request
should be sent to the appropriate office
as indicated below. Comments may also
be sent via fax to the number indicated
for the request. Comments will not be
accepted if submitted via e-mail or the
internet. The applications and related
documents are available for review in
the indicated office, by appointment:
For Permit 1093: Steve Liebhardt,
Protected Species Division, NOAA
Fisheries, 1655 Heindon Road, Arcata,
CA 95521 (ph: 707–825–5186, fax: 707–
825–4840).
FOR FURTHER INFORMATION CONTACT:
Steve Liebhardt at phone number
(707B825B5186), or e-mail:
steve.liebhardt@noaa.gov.
DATES:
SUPPLEMENTARY INFORMATION:
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Authority
Issuance of permits and permit
modifications, as required by the
Endangered Species Act of 1973 (16
U.S.C. 1531B1543) (ESA), is based on a
finding that such permits/modifications:
(1) Are applied for in good faith; (2)
would not operate to the disadvantage
of the listed species which are the
subject of the permits; and (3) are
consistent with the purposes and
policies set forth in section 2 of the
ESA. Authority to take listed species is
subject to conditions set forth in the
permits. Permits and modifications are
issued in accordance with and are
subject to the ESA and NOAA Fisheries
regulations governing listed fish and
wildlife permits (50 CFR parts 222–226).
Those individuals requesting a
hearing on an application listed in this
notice should set out the specific
reasons why a hearing on that
application would be appropriate (see
ADDRESSES). The holding of such a
hearing is at the discretion of the
Assistant Administrator for Fisheries,
NOAA. All statements and opinions
contained in the permit action
summaries are those of the applicant
and do not necessarily reflect the views
of NMFS.
Species Covered in This Notice
This notice is relevant to the
following four threatened salmonid
ESUs: Southern Oregon/Northern
California Coast (SONCC) coho salmon
(Oncorhynchus kisutch), Central
California Coast (CCC) coho salmon,
Northern California (NC) steelhead (O.
mykiss), and California Coastal (CC)
Chinook salmon (O. tshawytscha).
Renewal and Requests Received
Permit 1093
The U.S. Geological Survey (USGS)
has requested the renewal and
modification 2 of Permit 1093 for take
of SONCC coho salmon, CCC coho
salmon, NC steelhead, and CC Chinook
salmon, associated with five studies.
The USGS proposes to capture juvenile
salmon and steelhead by electrofishing.
Permit 1068 was originally issued on
April 1, 1998. That permit expired on
June 30, 2003. NMFS placed the USGS
on the California Department of Fish
and Game (CDFG) 4d list for scientific
research to cover the USGS for
anticipated take of listed salmonids.
However, because CCC coho salmon are
listed as endangered and because the
USGS would conduct research on CCC
coho salmon, they could not be covered
for take of CCC coho salmon under the
4d list. Therefore, NMFS is renewing
and modifying Permit 1093 for a second
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]]>Agencies
[Federal Register Volume 71, Number 93 (Monday, May 15, 2006)]
[Notices]
[Pages 27991-27994]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7358]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-570-879
Polyvinyl Alcohol From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') published its
preliminary results of administrative review of the antidumping duty
order on polyvinyl alcohol (``PVA'') from the
[[Page 27992]]
People's Republic of China (``PRC'') on November 7, 2005. See Polyvinyl
Alcohol from the People's Republic of China: Preliminary Results of
Antidumping Duty Administrative Review, 70 FR 67434 (November 7, 2005)
(``Preliminary Results''). The period of review (``POR'') is August 11,
2003, through September 30, 2004. We invited interested parties to
comment on our preliminary results. Based on our analysis of the
comments received, we have made certain changes to our calculations.
The final dumping margins for this review are listed in the ``Final
Results of Review'' section below.
EFFECTIVE DATE: May 15, 2006.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD
Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
6412.
SUPPLEMENTARY INFORMATION:
Background
We invited parties to comment on our Preliminary Results. On
December 7, 2005, the Department received case briefs from Petitioners
\1\ and the respondent, Sinopec Sichuan Vinylon Works (``SVW''). On
December 16, 2005, we received rebuttal comments from Petitioners, SVW,
and Solutia, Inc. (``Solutia''), a domestic producer of PVA. On
February 7, 2006, the Department issued a fifth Section D supplemental
questionnaire to SVW, to which SVW responded on February 14, 2006. In
addition, on February 7, 2006, we issued a memorandum to all interested
parties requesting comments regarding a change in the Department's
calculated regression-based wage rate methodology and in the allocation
of the labor benefits in the financial ratio calculation. See Letter
from Wendy Frankel, Director, Office 8, to All Interested Parties,
dated February 7, 2006. Petitioners provided comments on February 14,
2006. No other interested party provided comments. We have conducted
this administrative review in accordance with Section 751 of the Tariff
Act of 1930, as amended (``the Act''), and 19 CFR 351.213.
---------------------------------------------------------------------------
\1\ Celanese Chemicals, Ltd. and E.I. DuPont de Nemours and Co.
(collectively ``Petitioners'').
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Period of Review
The POR is August 11, 2003, through September 30, 2004.
Scope of the Order
The merchandise covered by this order 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.
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 this order 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 order is dispositive.
Analysis of Comments Received
All issues raised in the post-preliminary comments by parties in
this review are addressed in the memorandum from Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration, to David M.
Spooner, Assistant Secretary for Import Administration, ``Issues and
Decision Memorandum for the Final Results of the First Administrative
Review of the Antidumping Duty Order on Polyvinyl Alcohol from the
People's Republic of China,'' dated May 8, 2006 (``Issues and Decision
Memorandum''), which is hereby adopted by this notice. A list of the
issues which parties raised and to which we responded in the Issues and
Decision Memorandum is attached to this notice as an appendix. The
Issues and Decision Memorandum is a public document which is on file in
the Central Records Unit (``CRU'') in room B-099 in the main Department
building, and is accessible on the Web at https://ia.ita.doc.gov/frn.
The paper copy and electronic version of the memorandum are identical
in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made changes in
the margin calculations for SVW.
We changed our surrogate value labor rate to the rate issued
by the Department in November 2005. See Issues and Decision Memorandum
at Comment 9.
We moved employee benefits of the surrogate company from the
direct labor calculation into manufacturing overhead. See Issues and
Decision Memorandum at Comment 8.
For the preliminary results, we did not value freon. However,
for the final results, we valued freon for our margin calculations. See
Issues and Decision Memorandum at Comment 6.
[[Page 27993]]
In the preliminary results, we used a heat-of-combustion
methodology to allocate costs to acetylene and acetylene tail gas. For
the final results, we utilized a value-based allocation methodology.
See Issues and Decision Memorandum at Comment 1.
In the preliminary results, we inadvertently added the value
of the steam by-product to acetylene and acetylene tail gas. For the
final results, we revised the surrogate value for steam to apply the
intended by-product credit. See Issues and Decision Memorandum at
Comment 1.
For the preliminary results, we inadvertently included a
waterway supplier distance in calculating the weighted-average supplier
distance for coal. For the final results, we removed this distance. See
Final Results of Administrative Review of the Order on Polyvinyl
Alcohol from the People's Republic of China: Sinopec Sichuan Vinylon
Works Program Analysis for the Final Results of Review from Lilit
Astvatsatrian, Case Analyst, through Robert Bolling, Program Manager,
to the File, dated May 8, 2006 (``Final Analysis Memorandum.'').
We adjusted the calculation of self-produced electricity as an
input into self-produced tap water, steam and compressed air, and the
calculation of self-produced steam as an input into self-produced 12
degree circulation water, power generation boiler water, de-oxygen
water, methanol, vinyl acetate monomer, and acetylene/acetylene tail
gas. See Issues and Decision Memorandum at Comments 12 - 14.
In the preliminary results, we inadvertently applied the
surrogate value of pure water to the factor of 33 degree circulation
water. For the final results, we applied the surrogate value of 33
degree circulation water to the factor of 33 degree circulation water.
See Issues and Decision Memorandum at Comment 15.
In the preliminary results, we intended to increase SVW's
direct labor hours to account for unreported engineering and production
management but inadvertently applied the increase only to the last
stage of PVA production: the production of finished PVA. For the final
results, we increased the direct labor hours for the full PVA
production cycle. See Attachment 6 of Preliminary Results of Review of
the Order on Polyvinyl Alcohol from the People's Republic of China:
Sinopec Sichuan Vinylon Works Program Analysis for the Preliminary
Results of Review from Lilit Astvatsatrian, Case Analyst, through
Robert Bolling, Program Manager, to the File, dated October 31, 2005,
and Exhibit 1 of Final Analysis Memorandum at page 4.
Surrogate Country
In the Preliminary Results, we stated that we treat the PRC as a
non-market economy (``NME'') country, and, therefore, we calculated
normal value in accordance with section 773(c) of the Act, which
applies to NME countries. Also, we stated that we had selected India as
the appropriate surrogate country to use in this review for the
following reasons: (1) it is a significant producer of comparable
merchandise; and (2) it is at a similar level of economic development,
pursuant to 773(c)(4) of the Act. See Preliminary Results, 70 FR 67436.
For the final results, we made no changes to our findings with respect
to the selection of a surrogate country.
Separate Rates
In proceedings involving NME countries, the Department begins with
a rebuttable presumption that all companies within the country are
subject to government control and, thus, should be assigned a single
antidumping duty deposit rate. It is the Department's policy to assign
all exporters of merchandise subject to review in an NME country this
single rate unless an exporter can demonstrate that it is sufficiently
independent so as to be entitled to a separate rate.
In the Preliminary Results, we found that SVW demonstrated its
eligibility for separate-rate status. For the final results, we
continue to find that the evidence placed on the record of this review
by SVW demonstrates an absence of government control, both in law and
in fact, with respect to its exports of the merchandise under review,
and, thus determine SVW is eligible for separate-rate status.
Weighted-Average Dumping Margin
The weighted-average dumping margin is as follows:
Polyvinyl Alcohol from the PRC
------------------------------------------------------------------------
Weighted-Average
Producer/Manufacturer/Exporter Margin (Percent)
------------------------------------------------------------------------
SVW*................................................ 0.04 %
------------------------------------------------------------------------
* This rate is de minimis.
Assessment Rates
The Department will issue appraisement instructions directly to
U.S. Customs and Border Protection (``CBP'') within 15 days of
publication of these final results of administrative review. In
accordance with 19 CFR 351.212(b)(1), we have calculated importer-
specific assessment rates for merchandise subject to this review. For
SVW, we divided the total dumping margins of its reviewed sales by the
total entered value of its reviewed sales for each applicable importer
to calculate ad valorem assessment rates. We will direct CBP to assess
the resulting assessment rates against the entered customs values for
the subject merchandise on SVW's entries under the relevant order
during the POR.
To determine whether the duty assessment rates were de minimis, in
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we
calculated importer-specific ad valorem rates. For SVW, we aggregated
the dumping margins calculated for all U.S. sales to each importer and
divided this amount by the entered value of the sales to each importer.
For further details see Final Analysis Memorandum. Where an importer-
specific ad valorem rate is de minimis, we will order CBP to liquidate
appropriate entries without regard to antidumping duties.
Cash-Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of PVA from the PRC entered, or withdrawn from
warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(1) of the Act: (1) Because the cash deposit
rates for SVW is de minimis, no cash deposit shall be required for SVW;
(2) for previously reviewed or investigated companies not listed above
that have a separate rate, the cash deposit rate will continue to be
the company-specific rate published for the most recent period; (3) the
cash deposit rate for all other PRC exporters will be 97.86 percent,
the current PRC-wide rate; and (4) the cash deposit rate for all non-
PRC exporters will be the rate applicable to the PRC exporter that
supplied that exporter. These deposit requirements, when imposed, shall
remain in effect until publication of the final results of the next
administrative review.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with
[[Page 27994]]
this requirement could result in the Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties. This notice also serves as a
reminder to parties subject to administrative protective orders
(``APOs'') of their responsibility concerning the return or destruction
of proprietary information disclosed under APO in accordance with 19
CFR 351.305. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order 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 this determination and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 8, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix
List of Comments and Issues in the Decision Memorandum
Comment 1: Cost Allocation Methodology of Acetylene and Acetylene Tail
Gas Co-Products
Comment 2: Surrogate Value for Natural Gas
Comment 3: Surrogate Value for Coal
Comment 4: Surrogate Value Purity Adjustment for Purchased Inputs
Sourced from Chemical Weekly
Comment 5: Surrogate Value for Methanol
Comment 6: Valuation of Surrogate Value for Freon
Comment 7: Inclusion of Excise Duty in Surrogate Company's Profit
Comment 8: Inclusion of Labor Benefits in Factory Overhead
Comment 9: Surrogate Value for Wages
Comment 10: Treatment of By-Product Offsets
Comment 11: Surrogate Value for Brokerage and Handling
Comment 12: Use of Self-Produced Electricity in the Production of
Certain Self-Produced Inputs
Comment 13: Use of Different Value of Self-Produced Steam as an Input
to Other Self-Produced Inputs
Comment 14: Use of Self-Produced Electricity in Calculation of the Cost
of 33 Degree Circulation Water
Comment 15: Calculation of 33 Degree Circulation Water in Margin
Calculation Program
Comment 16: Correction of the Calculation of Train Freight
[FR Doc. E6-7358 Filed 06-12-06; 8:45 am]
BILLING CODE 3510-DS-S
