Polyvinyl Alcohol From Taiwan; Determination, 15726 [2010-7071]
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15726
Federal Register / Vol. 75, No. 60 / Tuesday, March 30, 2010 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–1088
(Preliminary) (Remand)]
Polyvinyl Alcohol From Taiwan;
Determination
On the basis of the record 1 developed
in the subject investigation, the United
States International Trade Commission
(Commission) determines, pursuant to
section 733(a) of the Tariff Act of 1930
(19 U.S.C. 1673b(a)) (the Act), that there
is a reasonable indication that an
industry in the United States is
materially injured by reason of imports
from Taiwan of polyvinyl alcohol
provided for in subheading 3905.30.00
of the Harmonized Tariff Schedule of
the United States, that are alleged to be
sold in the United States at less than fair
value (LTFV).2
Commencement of Final Phase of
Investigation
jlentini on DSKJ8SOYB1PROD with NOTICES
Pursuant to section 207.18 of the
Commission’s rules, the Commission
also gives notice of the commencement
of the final phase of its investigation.
The Commission will issue a final phase
notice of scheduling, which will be
published in the Federal Register as
provided in section 207.21 of the
Commission’s rules, upon notice from
the Department of Commerce
(Commerce) of an affirmative
preliminary determination in the
investigation under section 733(b) of the
Act, or, if the preliminary determination
is negative, upon notice of an
affirmative final determination in that
investigation under section 735(a) of the
Act. Parties that filed entries of
appearance in the preliminary phase of
the investigation need not enter a
separate appearance for the final phase
of the investigation. Industrial users,
and, if the merchandise under
investigation is sold at the retail level,
representative consumer organizations
have the right to appear as parties in
Commission antidumping duty
investigations. The Secretary will
prepare a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the investigation.
1 The record is defined in section 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 Vice Chairman Pearson and Commissioners
Okun and Lane dissented, having determined that
there is no reasonable indication that an industry
in the United States is materially injured or
threatened with material injury by reason of
allegedly LTFV imports of polyvinyl alcohol from
Taiwan.
VerDate Nov<24>2008
16:22 Mar 29, 2010
Jkt 220001
Background
On September 7, 2004, a petition was
filed with the Commission and
Commerce by domestic producer
Celanese Chemicals, Ltd., Dallas, TX,
alleging that an industry in the United
States is materially injured and
threatened with further material injury
by reason of LTFV imports of polyvinyl
alcohol from Taiwan. Accordingly,
effective September 7, 2004, the
Commission instituted antidumping
duty investigation No. 731–TA–1088
(Preliminary).
Notice of the institution of the
Commission’s investigation and of a
public conference to be held in
connection therewith was given by
posting copies of the notice in the Office
of the Secretary, U.S. International
Trade Commission, Washington, DC,
and by publishing the notice in the
Federal Register of September 15, 2004
(69 FR 55653). The conference was held
in Washington, DC, on September 28,
2004, and all persons who requested the
opportunity were permitted to appear in
person or by counsel.
On October 24, 2004, the Commission
determined by a vote of 3 to 2, that there
was no reasonable indication that a U.S.
industry was materially injured or
threatened with material injury by
reason of imports of PVA from Taiwan.3
Notice of that determination was
published on October 29, 2004. 69 FR
63177. The Commission transmitted its
determination to the Secretary of
Commerce on October 22, 2004. The
Commission’s views were contained in
USITC Publication 3732 (October 2004),
entitled Polyvinyl Alcohol from Taiwan:
Investigation No. 731–TA–1088
(Preliminary). Domestic producer/
petitioner Celanese appealed the
Commission’s negative preliminary
determination to the U.S. Court of
International Trade (‘‘CIT’’).
On January 29, 2007, the CIT
remanded the determination to the
Commission for further proceedings.
Celanese Chemicals, Ltd. v. United
States, Slip Op. 07–16, 29 ITRD 1985
(Ct. Int’l Trade 2007). On remand, the
Commission determined, by a vote of 3
to 3, that there was a reasonable
indication that a U.S. industry was
materially injured by reason of imports
of subject imports of PVA from Taiwan.
Chairman Aranoff and Commissioners
Williamson and Pinkert, who had
commenced their service as
3 Commissioners Miller and Koplan dissented,
having determined that there was a reasonable
indication that an industry in the United States was
materially injured by reason of allegedly LTFV
imports of polyvinyl alcohol from Taiwan.
Commissioner Hillman did not participate in the
investigation.
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
Commissioners in the intervening time,
voted in the affirmative. On remand,
Vice Chairman Pearson and
Commissioners Okun and Lane
reaffirmed their negative preliminary
determinations. Polyvinyl Alcohol from
Taiwan: Investigation No. 731–TA–1088
(Preliminary) (Remand), USITC
Publication 3920 (April 2007). The tie
vote yielded an affirmative
determination by operation of 19 U.S.C.
1677(11).
On November 19, 2008, the CIT
affirmed the Commission’s affirmative
preliminary determination on remand.
Celanese Chemicals Ltd. v. United
States, Slip Op. 08–125, 30 ITRD 2352
(‘‘Celanese II’’). On January 16, 2009,
DuPont appealed to the U.S. Court of
Appeals for the Federal Circuit (‘‘Federal
Circuit’’).
On December 23, 2009, the Federal
Circuit affirmed, without opinion, the
CIT’s decision in Celanese II, and issued
its mandate on February 18, 2010. No
party has applied under 28 U.S.C.
2101(c) to the U.S. Supreme Court for a
writ of certiorari. The judicial
proceedings having now ended, the
Commission now publishes notice of its
preliminary determination on remand.
By order of the Commission.
Issued: March 25, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–7071 Filed 3–29–10; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF LABOR
Comment Request for Information
Collection for Quick Turnaround
Surveys of the Workforce Investment
Act (Extension Without Revisions)
AGENCY: Employment and Training
Administration.
ACTION: Notice.
SUMMARY: The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a preclearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
collections of information in accordance
with the Paperwork Reduction Act of
1995 (PRA95) (44 U.S.C. 3506(c)(2)(A)).
This program helps to ensure that
requested data can be provided in the
desired format, reporting burden (time
and financial resources) is minimized,
collection instruments are clearly
understood, and the impact of the
collection requirements on respondents
can be properly assessed. Currently, the
Employment and Training
E:\FR\FM\30MRN1.SGM
30MRN1
]]>Agencies
[Federal Register Volume 75, Number 60 (Tuesday, March 30, 2010)]
[Notices]
[Page 15726]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7071]
[[Page 15726]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1088 (Preliminary) (Remand)]
Polyvinyl Alcohol From Taiwan; Determination
On the basis of the record \1\ developed in the subject
investigation, the United States International Trade Commission
(Commission) determines, pursuant to section 733(a) of the Tariff Act
of 1930 (19 U.S.C. 1673b(a)) (the Act), that there is a reasonable
indication that an industry in the United States is materially injured
by reason of imports from Taiwan of polyvinyl alcohol provided for in
subheading 3905.30.00 of the Harmonized Tariff Schedule of the United
States, that are alleged to be sold in the United States at less than
fair value (LTFV).\2\
---------------------------------------------------------------------------
\1\ The record is defined in section 207.2(f) of the
Commission's Rules of Practice and Procedure (19 CFR 207.2(f)).
\2\ Vice Chairman Pearson and Commissioners Okun and Lane
dissented, having determined that there is no reasonable indication
that an industry in the United States is materially injured or
threatened with material injury by reason of allegedly LTFV imports
of polyvinyl alcohol from Taiwan.
---------------------------------------------------------------------------
Commencement of Final Phase of Investigation
Pursuant to section 207.18 of the Commission's rules, the
Commission also gives notice of the commencement of the final phase of
its investigation. The Commission will issue a final phase notice of
scheduling, which will be published in the Federal Register as provided
in section 207.21 of the Commission's rules, upon notice from the
Department of Commerce (Commerce) of an affirmative preliminary
determination in the investigation under section 733(b) of the Act, or,
if the preliminary determination is negative, upon notice of an
affirmative final determination in that investigation under section
735(a) of the Act. Parties that filed entries of appearance in the
preliminary phase of the investigation need not enter a separate
appearance for the final phase of the investigation. Industrial users,
and, if the merchandise under investigation is sold at the retail
level, representative consumer organizations have the right to appear
as parties in Commission antidumping duty investigations. The Secretary
will prepare a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigation.
Background
On September 7, 2004, a petition was filed with the Commission and
Commerce by domestic producer Celanese Chemicals, Ltd., Dallas, TX,
alleging that an industry in the United States is materially injured
and threatened with further material injury by reason of LTFV imports
of polyvinyl alcohol from Taiwan. Accordingly, effective September 7,
2004, the Commission instituted antidumping duty investigation No. 731-
TA-1088 (Preliminary).
Notice of the institution of the Commission's investigation and of
a public conference to be held in connection therewith was given by
posting copies of the notice in the Office of the Secretary, U.S.
International Trade Commission, Washington, DC, and by publishing the
notice in the Federal Register of September 15, 2004 (69 FR 55653). The
conference was held in Washington, DC, on September 28, 2004, and all
persons who requested the opportunity were permitted to appear in
person or by counsel.
On October 24, 2004, the Commission determined by a vote of 3 to 2,
that there was no reasonable indication that a U.S. industry was
materially injured or threatened with material injury by reason of
imports of PVA from Taiwan.\3\ Notice of that determination was
published on October 29, 2004. 69 FR 63177. The Commission transmitted
its determination to the Secretary of Commerce on October 22, 2004. The
Commission's views were contained in USITC Publication 3732 (October
2004), entitled Polyvinyl Alcohol from Taiwan: Investigation No. 731-
TA-1088 (Preliminary). Domestic producer/petitioner Celanese appealed
the Commission's negative preliminary determination to the U.S. Court
of International Trade (``CIT'').
---------------------------------------------------------------------------
\3\ Commissioners Miller and Koplan dissented, having determined
that there was a reasonable indication that an industry in the
United States was materially injured by reason of allegedly LTFV
imports of polyvinyl alcohol from Taiwan. Commissioner Hillman did
not participate in the investigation.
---------------------------------------------------------------------------
On January 29, 2007, the CIT remanded the determination to the
Commission for further proceedings. Celanese Chemicals, Ltd. v. United
States, Slip Op. 07-16, 29 ITRD 1985 (Ct. Int'l Trade 2007). On remand,
the Commission determined, by a vote of 3 to 3, that there was a
reasonable indication that a U.S. industry was materially injured by
reason of imports of subject imports of PVA from Taiwan. Chairman
Aranoff and Commissioners Williamson and Pinkert, who had commenced
their service as Commissioners in the intervening time, voted in the
affirmative. On remand, Vice Chairman Pearson and Commissioners Okun
and Lane reaffirmed their negative preliminary determinations.
Polyvinyl Alcohol from Taiwan: Investigation No. 731-TA-1088
(Preliminary) (Remand), USITC Publication 3920 (April 2007). The tie
vote yielded an affirmative determination by operation of 19 U.S.C.
1677(11).
On November 19, 2008, the CIT affirmed the Commission's affirmative
preliminary determination on remand. Celanese Chemicals Ltd. v. United
States, Slip Op. 08-125, 30 ITRD 2352 (``Celanese II''). On January 16,
2009, DuPont appealed to the U.S. Court of Appeals for the Federal
Circuit (``Federal Circuit'').
On December 23, 2009, the Federal Circuit affirmed, without
opinion, the CIT's decision in Celanese II, and issued its mandate on
February 18, 2010. No party has applied under 28 U.S.C. 2101(c) to the
U.S. Supreme Court for a writ of certiorari. The judicial proceedings
having now ended, the Commission now publishes notice of its
preliminary determination on remand.
By order of the Commission.
Issued: March 25, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-7071 Filed 3-29-10; 8:45 am]
BILLING CODE 7020-02-P
