Polyvinyl Alcohol from the People's Republic of China; Final Results of Antidumping Duty Administrative Review, 62086-62087 [E6-17712]
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62086
Federal Register / Vol. 71, No. 204 / Monday, October 23, 2006 / Notices
Scope of Order
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: On July 7, 2006, the
Department of Commerce (Department)
published the preliminary results of its
2004–2005 administrative review of the
antidumping duty order on polyvinyl
alcohol (PVA) from the People’s
Republic of China (PRC). See Polyvinyl
Alcohol from the People’s Republic of
China; Preliminary Results of
Antidumping Duty Administrative
Review, 71 FR 38612 (July 7, 2006)
(Preliminary Results). We have now
completed that review. For these final
results, as in the Preliminary Results, we
determine that sales have not been made
below normal value (NV).
EFFECTIVE DATE: October 23, 2006.
FOR FURTHER INFORMATION CONTACT: Jill
Pollack, AD/CVD Operations, Office 2,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–4593.
SUPPLEMENTARY INFORMATION:
AGENCY:
mstockstill on PROD1PC76 with NOTICES
Background
On July 7, 2006, the Department
published in the Federal Register the
preliminary results of administrative
review of the antidumping duty order
on PVA from the PRC. See Preliminary
Results. Interested parties were invited
to comment on the preliminary results.
On August 7, 2006, we received case
briefs from Sinopec Sichuan Vinylon
Works (SVW), the respondent in this
administrative review, and Solutia Inc.
(Solutia), a domestic interested party.
No party filed a rebuttal brief.
On September 15 and 28, 2006,
respectively, SVW and Solutia
withdrew their case briefs and requested
that the Department issue the final
results. SVW also requested that the
Department issue the final results on an
expedited basis. The Department has
conducted this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (Act).
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 order:
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.
Period of Review
The period of review (POR) is October
1, 2004, through September 30, 2005.
VerDate Aug<31>2005
15:50 Oct 20, 2006
Jkt 211001
PO 00000
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
Frm 00007
Fmt 4703
Sfmt 4703
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.
Surrogate Country
In the Preliminary Results, we stated
that we treat the PRC as a non–market
economy (NME) country and, therefore,
we calculated NV in accordance with
section 773(c) of the Act, which applies
to NME countries. Also, we stated that
we 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, 71 FR at 38613. 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 these 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.
E:\FR\FM\23OCN1.SGM
23OCN1
Federal Register / Vol. 71, No. 204 / Monday, October 23, 2006 / Notices
Weighted–Average Dumping Margin
The weighted–average dumping
margin is as follows:
Manufacturer/producer/
exporter
Margin percentage
Sinopec Sichuan
Vinylon Works ...........
0.00 percent
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
the merchandise subject to this review.
We note that SVW did not report the
entered value for its U.S. sales in
question. Accordingly, we have
calculated importer–specific assessment
rates for the merchandise in question by
aggregating the dumping margins
calculated for all U.S. sales to each
importer and dividing this amount by
the total quantity of those sales. 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 ratios based on the
estimated entered value. Where an
importer–specific ad valorem rate is de
minimis, we will order CBP to liquidate
appropriate entries without regard to
antidumping duties.
mstockstill on PROD1PC76 with NOTICES
Cash–Deposit Requirements
The following cash 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 rate for SVW is de minimis, no
cash deposit shall be required for SVW;
(2) the cash deposit rate for all other
PRC exporters will be 97.86 percent, the
current PRC–wide rate; and (3) 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
VerDate Aug<31>2005
15:50 Oct 20, 2006
Jkt 211001
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
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 order (APO) 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.
This determination and notice are
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213.
Dated: October 17, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–17712 Filed 10–20–06; 8:45 am]
BILLING CODE 3510–DS–S
National Oceanic and Atmospheric
Administration
[I.D. 101706E]
Incidental Takes of Marine Mammals
During Specified Activities; Black
Abalone Research Surveys at San
Nicolas Island, Ventura County, CA
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental take
authorization; request for comments.
AGENCY:
SUMMARY: NMFS has received an
application from Dr. Glenn VanBlaricom
(Dr. VanBlaricom) for an Incidental
Harassment Authorization (IHA) to take
small numbers of marine mammals, by
harassment, incidental to the
assessment of black abalone populations
at San Nicolas Island (SNI), CA.
Pursuant to the Marine Mammal
Protection Act (MMPA), NMFS is
requesting comments on its proposed
IHA for these activities.
DATES: Comments and information must
be received no later than November 22,
2006.
Frm 00008
Fmt 4703
Comments on the
application should be addressed to
Michael Payne, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225. The mailbox address for
providing email comments is
PR1.101706E@noaa.gov. NMFS is not
responsible for e-mail comments sent to
addresses other than the one provided
here. Comments sent via e-mail,
including all attachments, must not
exceed a 10–megabyte file size.
A copy of the application containing
a list of the references used in this
document may be obtained by writing to
the address specified above, telephoning
the contact listed below (see FOR
FURTHER INFORMATION CONTACT), or
visiting the internet at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm.
Documents cited in this notice may be
viewed, by appointment, during regular
business hours, at the aforementioned
address.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Jolie
Harrison, NMFS, (301) 713–2289.
SUPPLEMENTARY INFORMATION:
Background
DEPARTMENT OF COMMERCE
PO 00000
62087
Sfmt 4703
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of marine mammals
by U.S. citizens who engage in a
specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
Authorization shall be granted if
NMFS finds that the taking will have a
negligible impact on the species or
stock(s), will not have an unmitigable
adverse impact on the availability of the
species or stock(s) for subsistence uses,
and that the permissible methods of
taking and requirements pertaining to
the mitigation, monitoring and reporting
of such takings are set forth. NMFS has
defined ‘‘negligible impact’’ in 50 CFR
216.103 as ’’...an impact resulting from
the specified activity that cannot be
reasonably expected to, and is not
reasonably likely to, adversely affect the
species or stock through effects on
annual rates of recruitment or survival.’’
Section 101(a)(5)(D) of the MMPA
established an expedited process by
which citizens of the United States can
apply for an authorization to
E:\FR\FM\23OCN1.SGM
23OCN1
]]>Agencies
[Federal Register Volume 71, Number 204 (Monday, October 23, 2006)]
[Notices]
[Pages 62086-62087]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17712]
[[Page 62086]]
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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: On July 7, 2006, the Department of Commerce (Department)
published the preliminary results of its 2004-2005 administrative
review of the antidumping duty order on polyvinyl alcohol (PVA) from
the People's Republic of China (PRC). See Polyvinyl Alcohol from the
People's Republic of China; Preliminary Results of Antidumping Duty
Administrative Review, 71 FR 38612 (July 7, 2006) (Preliminary
Results). We have now completed that review. For these final results,
as in the Preliminary Results, we determine that sales have not been
made below normal value (NV).
EFFECTIVE DATE: October 23, 2006.
FOR FURTHER INFORMATION CONTACT: Jill Pollack, AD/CVD Operations,
Office 2, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-4593.
SUPPLEMENTARY INFORMATION:
Background
On July 7, 2006, the Department published in the Federal Register
the preliminary results of administrative review of the antidumping
duty order on PVA from the PRC. See Preliminary Results. Interested
parties were invited to comment on the preliminary results. On August
7, 2006, we received case briefs from Sinopec Sichuan Vinylon Works
(SVW), the respondent in this administrative review, and Solutia Inc.
(Solutia), a domestic interested party. No party filed a rebuttal
brief.
On September 15 and 28, 2006, respectively, SVW and Solutia
withdrew their case briefs and requested that the Department issue the
final results. SVW also requested that the Department issue the final
results on an expedited basis. The Department has conducted this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (Act).
Period of Review
The period of review (POR) is October 1, 2004, through September
30, 2005.
Scope of 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 order:
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.
Surrogate Country
In the Preliminary Results, we stated that we treat the PRC as a
non-market economy (NME) country and, therefore, we calculated NV in
accordance with section 773(c) of the Act, which applies to NME
countries. Also, we stated that we 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, 71 FR at 38613. 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 these 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.
[[Page 62087]]
Weighted-Average Dumping Margin
The weighted-average dumping margin is as follows:
------------------------------------------------------------------------
Manufacturer/producer/exporter Margin percentage
------------------------------------------------------------------------
Sinopec Sichuan Vinylon Works....................... 0.00 percent
------------------------------------------------------------------------
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 the merchandise subject to this review. We note that SVW did
not report the entered value for its U.S. sales in question.
Accordingly, we have calculated importer-specific assessment rates for
the merchandise in question by aggregating the dumping margins
calculated for all U.S. sales to each importer and dividing this amount
by the total quantity of those sales. 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 ratios based on the estimated entered value. 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 cash 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
rate for SVW is de minimis, no cash deposit shall be required for SVW;
(2) the cash deposit rate for all other PRC exporters will be 97.86
percent, the current PRC-wide rate; and (3) 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 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 order (APO) 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.
This determination and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213.
Dated: October 17, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-17712 Filed 10-20-06; 8:45 am]
BILLING CODE 3510-DS-S
