Polyvinyl Alcohol From Japan, the Republic of Korea, and the People's Republic of China: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 57596-57597 [E8-23455]

Download as PDF 57596 Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices reviews of this order and will conduct administrative reviews of subject merchandise entered prior to the effective date of revocation in response to appropriately filed requests for review. The five-year (sunset) review and this notice are in accordance with sections 751(c) and 777(i)(1) of the Act. Dated: September 29, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–23394 Filed 10–2–08; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–861, A–580–850, A–570–879] Polyvinyl Alcohol From Japan, the Republic of Korea, and the People’s Republic of China: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 5, 2008, the Department of Commerce (the Department) initiated sunset reviews of the antidumping duty orders on polyvinyl alcohol (PVA) from Japan, the Republic of Korea (Korea), and the People’s Republic of China (PRC) pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). The Department has conducted expedited (120-day) sunset reviews for these orders pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping. DATES: Effective Date: October 3, 2008. FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Miriam Eqab, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–3874 and (202) 482–3693, respectively. AGENCY: SUPPLEMENTARY INFORMATION mstockstill on PROD1PC66 with NOTICES Background On June 5, 2008, the Department published the notice of initiation of the sunset reviews of the antidumping duty orders on PVA from Japan, Korea, and the PRC pursuant to section 751(c) of the Act. See Initiation of Five-Year VerDate Aug<31>2005 23:33 Oct 02, 2008 Jkt 217001 (‘‘Sunset’’) Reviews, 73 FR 31974 (June 5, 2008) (Notice of Initiation). The Department received notices of intent to participate from Celanese Chemicals, Ltd. and E.I. Dupont de Nemours & Co. (collectively, ‘‘the domestic interested parties’’) within the deadline specified in 19 CFR 351.218(d)(1)(i). The companies claimed interested party status under section 771(9)(C) of the Act as manufacturers of a domestic like product in the United States. The Department also received a notice of intent to participate from two Japanese respondent interested parties: The Nippon Synthetic Chemical Industry Co., Ltd. and Marubeni Specialty Chemicals Inc. The companies claimed interested party status under section 771(9)(A) of the Act as a foreign producer and a U.S. importer, respectively, of the subject merchandise. The Department received complete substantive responses to the notice of initiation from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no substantive responses from respondent interested parties with respect to any of the orders covered by these sunset reviews, nor was a hearing requested. As a result, pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the Department is conducting expedited (120-day) sunset reviews of the antidumping duty orders for Japan, Korea, and the PRC. Scope of the Orders The merchandise covered by these orders 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 these orders: (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 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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 these orders 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 these orders is dispositive. Analysis of Comments Received All issues raised in these reviews are addressed in the ‘‘Issues and Decision Memorandum for the Expedited Sunset Reviews of the Antidumping Duty Orders on Polyvinyl Alcohol from Japan, the Republic of Korea, and the People’s Republic of China’’ from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration (September 29, 2008) (Decision Memo), which is E:\FR\FM\03OCN1.SGM 03OCN1 Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices hereby adopted by this notice. The issues discussed in the Decision Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the orders were revoked. Parties can find a complete discussion of all issues raised in these reviews and the corresponding recommendations in this public memorandum which is on file in the Central Records Unit, room 1117 of the main Department building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memo are identical in content. Final Results of Reviews We determine that revocation of the antidumping duty orders on PVA from Japan, Korea, and the PRC would be likely to lead to continuation or recurrence of dumping at the following weighted-average percentage margins: Manufacturers/exporters/ producers mstockstill on PROD1PC66 with NOTICES Japan: Denki Kagaku Kogyo Kabushiki Kaisha ............... Japan VAM & POVAL Co., Ltd ...................................... Kuraray Co., Ltd .................... The Nippon Synthetic Chemical Industry Co., Ltd ......... All-Others Rate ..................... Korea: DC Chemical Company, Ltd All-Others Rate ..................... PRC: Sinopec Sichuan Vinylon Works ................................ PRC-Wide Rate .................... Weightedaverage margin (percent) 144.16 144.16 144.16 144.16 76.78 38.74 32.08 5.51 97.86 This notice also serves as the only reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders 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 the results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. VerDate Aug<31>2005 23:33 Oct 02, 2008 Jkt 217001 Dated: September 29, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–23455 Filed 10–2–08; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–851] Certain Preserved Mushrooms From the People’s Republic of China: Preliminary Results of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: October 3, 2008. SUMMARY: The Department of Commerce (the Department) is currently conducting a new shipper review of the antidumping duty order on certain preserved mushrooms from the People’s Republic of China (PRC) covering the period February 1, 2007, through February 29, 2008. We preliminarily determine that the sale made by Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd. (Golden Banyan), was not made below normal value (NV). If these preliminary results are adopted in our final results of this review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on entries of subject merchandise during the period of review (POR) for any importer-specific assessment rates that are above de minimis. FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–2924 or (202) 482– 0649, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On February 19, 1999, the Department published in the Federal Register an amended final determination and antidumping duty order on certain preserved mushrooms from the PRC. See Notice of Amendment of Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Preserved Mushrooms From the People’s Republic of China, 64 FR 8308 (February 19, 1999) (Order). On February 29, 2008, we received a timely new shipper review request in accordance with section 751(a)(2)(B) of PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 57597 the Tariff Act of 1930, as amended (the Tariff Act), and 19 CFR 351.214(c), from exporter and producer, Golden Banyan.1 On April 7, 2008, the Department published a notice in the Federal Register initiating a new shipper review for Golden Banyan. See Certain Preserved Mushrooms from the People’s Republic of China: Initiation of New Shipper Review, 73 FR 18772 (April 7, 2008) (Initiation Notice). We issued the standard antidumping duty questionnaire, along with the standard importer questionnaire for new shipper reviews, on April 8, 2008, and received responses in May and June 2008. We issued supplemental questionnaires covering sections A, C, and D of the original questionnaire on July 8, 2008, August 7, 2008, and August 22, 2008, respectively, and received timely responses to those questionnaires. Period of Review The POR covers February 1, 2007, through February 29, 2008.2 Scope of the Order The products covered by this order are certain preserved mushrooms, whether imported whole, sliced, diced, or as stems and pieces. The certain preserved mushrooms covered under this order are the species Agaricus bisporus and Agaricus bitorquis. ‘‘Certain Preserved Mushrooms’’ refers to mushrooms that have been prepared or preserved by cleaning, blanching, and sometimes slicing or cutting. These mushrooms are then packed and heated in containers including, but not limited to, cans or glass jars in a suitable liquid medium, including, but not limited to, water, brine, butter or butter sauce. Certain preserved mushrooms may be imported whole, sliced, diced, or as stems and pieces. Included within the scope of this order are ‘‘brined’’ mushrooms, which are presalted and packed in a heavy salt solution to 1 In its request for review, Golden Banyan indicated that it had applied to the Zhangzhou Municipal Industrial and Commercial Administrative Bureau (Commercial Administrative Bureau) to change its name to Fujian Golden Banyan Foodstuffs Industrial Co., Ltd. On December 21, 2007, the Commercial Administrative Bureau granted Golden Banyan advanced approval for the company’s requested name change. At the time it submitted the request for new shipper review, however, Golden Banyan was still waiting for the name change to apply to the company’s business license and certificate of approval. 2 As we indicated in the initiation notice, Golden Banyan’s shipment entered the United States shortly after the anniversary month. Therefore, for the reasons given in the initiation notice, we extended the POR to include Golden Banyan’s shipment. See Initiation Notice at 18772. E:\FR\FM\03OCN1.SGM 03OCN1

Agencies

[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Notices]
[Pages 57596-57597]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23455]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-861, A-580-850, A-570-879]


Polyvinyl Alcohol From Japan, the Republic of Korea, and the 
People's Republic of China: Final Results of the Expedited Sunset 
Reviews of the Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On June 5, 2008, the Department of Commerce (the Department) 
initiated sunset reviews of the antidumping duty orders on polyvinyl 
alcohol (PVA) from Japan, the Republic of Korea (Korea), and the 
People's Republic of China (PRC) pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act). The Department has conducted 
expedited (120-day) sunset reviews for these orders pursuant to 19 CFR 
351.218(e)(1)(ii)(C)(2). As a result of these sunset reviews, the 
Department finds that revocation of the antidumping duty orders would 
be likely to lead to continuation or recurrence of dumping.

DATES: Effective Date: October 3, 2008.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Miriam Eqab, AD/
CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW., Washington, DC 20230; telephone: (202) 482-3874 and (202) 
482-3693, respectively.

SUPPLEMENTARY INFORMATION

Background

    On June 5, 2008, the Department published the notice of initiation 
of the sunset reviews of the antidumping duty orders on PVA from Japan, 
Korea, and the PRC pursuant to section 751(c) of the Act. See 
Initiation of Five-Year (``Sunset'') Reviews, 73 FR 31974 (June 5, 
2008) (Notice of Initiation).
    The Department received notices of intent to participate from 
Celanese Chemicals, Ltd. and E.I. Dupont de Nemours & Co. 
(collectively, ``the domestic interested parties'') within the deadline 
specified in 19 CFR 351.218(d)(1)(i). The companies claimed interested 
party status under section 771(9)(C) of the Act as manufacturers of a 
domestic like product in the United States. The Department also 
received a notice of intent to participate from two Japanese respondent 
interested parties: The Nippon Synthetic Chemical Industry Co., Ltd. 
and Marubeni Specialty Chemicals Inc. The companies claimed interested 
party status under section 771(9)(A) of the Act as a foreign producer 
and a U.S. importer, respectively, of the subject merchandise.
    The Department received complete substantive responses to the 
notice of initiation from the domestic interested parties within the 
30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no 
substantive responses from respondent interested parties with respect 
to any of the orders covered by these sunset reviews, nor was a hearing 
requested. As a result, pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department is conducting expedited (120-day) sunset reviews of the 
antidumping duty orders for Japan, Korea, and the PRC.

Scope of the Orders

    The merchandise covered by these orders 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 
these orders:
    (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 these orders 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 these orders is dispositive.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the ``Issues 
and Decision Memorandum for the Expedited Sunset Reviews of the 
Antidumping Duty Orders on Polyvinyl Alcohol from Japan, the Republic 
of Korea, and the People's Republic of China'' from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration (September 29, 
2008) (Decision Memo), which is

[[Page 57597]]

hereby adopted by this notice. The issues discussed in the Decision 
Memo include the likelihood of continuation or recurrence of dumping 
and the magnitude of the margins likely to prevail if the orders were 
revoked. Parties can find a complete discussion of all issues raised in 
these reviews and the corresponding recommendations in this public 
memorandum which is on file in the Central Records Unit, room 1117 of 
the main Department building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper 
copy and electronic version of the Decision Memo are identical in 
content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on PVA 
from Japan, Korea, and the PRC would be likely to lead to continuation 
or recurrence of dumping at the following weighted-average percentage 
margins:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
             Manufacturers/exporters/ producers                 margin
                                                              (percent)
------------------------------------------------------------------------
Japan:
  Denki Kagaku Kogyo Kabushiki Kaisha......................       144.16
  Japan VAM & POVAL Co., Ltd...............................       144.16
  Kuraray Co., Ltd.........................................       144.16
  The Nippon Synthetic Chemical Industry Co., Ltd..........       144.16
  All-Others Rate..........................................        76.78
Korea:
  DC Chemical Company, Ltd.................................        38.74
  All-Others Rate..........................................        32.08
PRC:
  Sinopec Sichuan Vinylon Works............................         5.51
  PRC-Wide Rate............................................        97.86
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders 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 the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: September 29, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
 [FR Doc. E8-23455 Filed 10-2-08; 8:45 am]
BILLING CODE 3510-DS-P