Polyvinyl Alcohol from the People's Republic of China: Amended Final Results of Administrative Review, 35616-35617 [E6-9766]

Download as PDF 35616 Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Notices section 776(c) of the Act that secondary information be corroborated (that it have probative value). Consequently, we have assigned this AFA rate to exports of the subject merchandise from Youngson subject to the PRC-wide rate. Preliminary Results of Review We preliminarily determine that the following margin exists during the period August 1, 2004, through July 31, 2005: PETROLEUM WAX CANDLES FROM THE PRC Weighted-average margin (percent) Manufacturer/Exporter PRC-wide Entity (including Qingdao Youngson Industrial Co., Ltd.) .......................................................................................... Public Comment The Department will disclose to parties of this proceeding the information utilized in reaching the preliminary results within ten days of the date of announcement of the preliminary results. An interested party may request a hearing within 30 days of publication of the preliminary results. See 19 CFR 351.310(c). Interested parties may submit written comments (case briefs) within 30 days of publication of the preliminary results and rebuttal comments (rebuttal briefs), which must be limited to issues raised in the case briefs, within five days after the time limit for filing case briefs. See 19 CFR 351.309(c)(1)(ii) and 19 CFR 351.309(d). Parties who submit arguments are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Further, the Department requests that parties submitting written comments provide the Department with a diskette containing the public version of those comments. Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, the Department will issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days of publication of the preliminary results. The assessment of antidumping duties on entries of merchandise covered by this review and future deposits of estimated duties shall be based on the final results of this review. duty assessment rates based on the ratio of the total amount of the dumping margins calculated for the examined sales to the total entered value of those same sales. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer-specific assessment rate calculated in the final results of this review is above de minimis. jlentini on PROD1PC65 with NOTICES Assessment Rates Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (2) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate (including Youngson), the cash deposit rate will be the PRC-wide rate of 108.30 percent; and (3) the cash deposit rate for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that nonPRC exporter. These deposit requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review. Upon issuing the final results of the review, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries. The Department will issue appropriate appraisement instructions for the company subject to this review directly to CBP within 15 days of publication of the final results of this review. Pursuant to 19 CFR 351.212(b)(1), we will calculate importer-specific ad valorem Notification to Importers This notice serves as a preliminary 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 this requirement could result in the Secretary’s presumption that VerDate Aug<31>2005 18:26 Jun 20, 2006 Jkt 208001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 108.30 reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing this determination in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: June 12, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–9800 Filed 6–20–06; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration A–570–879 Polyvinyl Alcohol from the People’s Republic of China: Amended Final Results of Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 15, 2006, the Department of Commerce (the ‘‘Department’’) published Polyvinyl Alcohol from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 71 FR 27991 (May 15, 2006) (‘‘Final Results’’), covering the period of review (‘‘POR’’) August 11, 2003, through September 30, 2004. We are amending the Final Results to correct a ministerial error made in the calculation of the dumping margin for Sinopec Sichuan Vinylon Works (‘‘SVW’’), pursuant to section 751(h) of the Tariff Act of 1930, as amended (‘‘the Act’’). EFFECTIVE DATE: June 21, 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: AGENCY: E:\FR\FM\21JNN1.SGM 21JNN1 Federal Register / Vol. 71, No. 119 / Wednesday, June 21, 2006 / Notices 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. 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. 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. Background jlentini on PROD1PC65 with NOTICES 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 VerDate Aug<31>2005 18:26 Jun 20, 2006 Jkt 208001 On May 15, 2006, the Department published the Final Results in the Federal Register. On May 16, 2006, we received a ministerial error allegation from SVW. A ministerial error is defined in section 751(h) of the Act and further clarified in 19 CFR 351.224(f) as ‘‘an error in addition, subtraction, or other arithmetic function, ministerial error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.’’ No other party filed a ministerial error allegation or a rebuttal comment. After analyzing SVW’s comments, we agree that a ministerial error existed in the calculations in the Final Results with respect to SVW. As a result, we are amending the final results to revise the antidumping margin for SVW, in accordance with 19 CFR 351.224(e). 35617 Department’s Position: We agree with SVW that we inadvertently excluded 0.6 MPA steam by–product in calculating the total cost of methanol. It was our intention to sum all the inputs used in the production of methanol. In correcting this error, we also noticed that we did not add the input 0.6 MPA steam by–product in our second methanol calculation. For these amended final results, we have also corrected this inadvertent error. See the memorandum to the file from Lilit Astvatsatrian, Case Analyst, through Robert Bolling, Program Manager, ‘‘Amended Final Analysis Memorandum for the Amended Final Results of Antidumping Review of the Order on Polyvinyl Alcohol (‘‘PVA’’) from the People’s Republic of China,’’ dated June 14, 2006. Therefore, for the amended final results, we have included the value of 0.6 MPA steam by–product in the calculation of self–produced methanol in all of our methanol calculations. Amended Final Results As a result of the correction of ministerial errors and amended margin calculations, the following weighted– average margin exists for SVW, for the period August 11, 2003, through September 30, 2004. POLYVINYL ALCOHOL FROM THE PRC Producer/Exporter SVW .............................. Weighted–Average Margin (Percent) 0.03* Allegation: Calculation Error for the Methanol Factor of Production SVW argues that the Department made a ministerial error in calculating the methanol factor of production in its final results. SVW states that it properly reported all inputs used in the production of methanol. SVW alleges that the Department did not include the input 0.6 megapascal (‘‘MPA’’) steam by–product in the total factor value of methanol. SVW maintains that this error constitutes a ministerial error because the Department failed to add the input 0.6 MPA steam by–product to its calculation of methanol. Petitioners and Solutia, Inc., a domestic producer of PVA, did not comment on this issue. * This rate is de minimis. The Department shall determine, and U.S. Customs and Border Protection (‘‘CBP’’) shall assess, antidumping duties on all appropriate entries based on the amended final results. For details on the assessment of antidumping duties on all appropriate entries, see Final Results, 71 FR 27991, 27993. These amended final results are published in accordance with sections 751(h) and 777(i)(1) of the Act. Dated: June 14, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–9766 Filed 6–20–06; 8:45 am] PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 BILLING CODE 3510–DS–S E:\FR\FM\21JNN1.SGM 21JNN1

Agencies

[Federal Register Volume 71, Number 119 (Wednesday, June 21, 2006)]
[Notices]
[Pages 35616-35617]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9766]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-879


Polyvinyl Alcohol from the People's Republic of China: Amended 
Final Results of Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 15, 2006, the Department of Commerce (the 
``Department'') published Polyvinyl Alcohol from the People's Republic 
of China: Final Results of Antidumping Duty Administrative Review, 71 
FR 27991 (May 15, 2006) (``Final Results''), covering the period of 
review (``POR'') August 11, 2003, through September 30, 2004. We are 
amending the Final Results to correct a ministerial error made in the 
calculation of the dumping margin for Sinopec Sichuan Vinylon Works 
(``SVW''), pursuant to section 751(h) of the Tariff Act of 1930, as 
amended (``the Act'').

EFFECTIVE DATE: June 21, 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:

[[Page 35617]]

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.

Background

    On May 15, 2006, the Department published the Final Results in the 
Federal Register. On May 16, 2006, we received a ministerial error 
allegation from SVW. A ministerial error is defined in section 751(h) 
of the Act and further clarified in 19 CFR 351.224(f) as ``an error in 
addition, subtraction, or other arithmetic function, ministerial error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.'' No other party filed a ministerial error allegation or a 
rebuttal comment. After analyzing SVW's comments, we agree that a 
ministerial error existed in the calculations in the Final Results with 
respect to SVW. As a result, we are amending the final results to 
revise the antidumping margin for SVW, in accordance with 19 CFR 
351.224(e).

Allegation: Calculation Error for the Methanol Factor of Production

    SVW argues that the Department made a ministerial error in 
calculating the methanol factor of production in its final results. SVW 
states that it properly reported all inputs used in the production of 
methanol. SVW alleges that the Department did not include the input 0.6 
megapascal (``MPA'') steam by-product in the total factor value of 
methanol. SVW maintains that this error constitutes a ministerial error 
because the Department failed to add the input 0.6 MPA steam by-product 
to its calculation of methanol.
    Petitioners and Solutia, Inc., a domestic producer of PVA, did not 
comment on this issue.
Department's Position: We agree with SVW that we inadvertently excluded 
0.6 MPA steam by-product in calculating the total cost of methanol. It 
was our intention to sum all the inputs used in the production of 
methanol. In correcting this error, we also noticed that we did not add 
the input 0.6 MPA steam by-product in our second methanol calculation. 
For these amended final results, we have also corrected this 
inadvertent error. See the memorandum to the file from Lilit 
Astvatsatrian, Case Analyst, through Robert Bolling, Program Manager, 
``Amended Final Analysis Memorandum for the Amended Final Results of 
Antidumping Review of the Order on Polyvinyl Alcohol (``PVA'') from the 
People's Republic of China,'' dated June 14, 2006. Therefore, for the 
amended final results, we have included the value of 0.6 MPA steam by-
product in the calculation of self-produced methanol in all of our 
methanol calculations.

Amended Final Results

    As a result of the correction of ministerial errors and amended 
margin calculations, the following weighted-average margin exists for 
SVW, for the period August 11, 2003, through September 30, 2004.

                     Polyvinyl Alcohol from the PRC
------------------------------------------------------------------------
                                                       Weighted-Average
                  Producer/Exporter                    Margin (Percent)
------------------------------------------------------------------------
SVW.................................................               0.03*
------------------------------------------------------------------------

* This rate is de minimis.
    The Department shall determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries based on the amended final results. For details on 
the assessment of antidumping duties on all appropriate entries, see 
Final Results, 71 FR 27991, 27993.
    These amended final results are published in accordance with 
sections 751(h) and 777(i)(1) of the Act.

    Dated: June 14, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-9766 Filed 6-20-06; 8:45 am]
BILLING CODE 3510-DS-S