Antidumping Duty Order: Polyvinyl Alcohol From Taiwan, 13982-13983 [2011-6004]

Download as PDF 13982 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Notices assigned a probability of selection that is a function of its relative size within the stratum (payroll) and a stratumspecific reliability constraint. The larger establishments in a stratum may have probabilities equal to 1.00. Within each stratum, an independent sample will be selected. We will use a fixed sample size selection method for selecting the sample. This technique considerably improves the reliability of the resulting survey estimates by eliminating the variability associated with a variable sample size. The impact of the multiestablishment firms within each stratum will be taken into account in deriving the target sample size from the singleestablishment firm population. We estimate that the mail canvass for the 2012 construction sector will include approximately 112,000 establishments of single-establishment firms. III. Data OMB Control Number: 0607–0935. Form Number: CC–23601, CC–23701, CC–23801–4. You can obtain information on the proposed content at this Web site: http://www.census.gov/ mcd/clearance. Type of Review: Regular submission. Affected Public: Businesses or other for profit, non-profit institutions or organizations, and State or Local Governments. Estimated Number of Respondents: 130,000. Estimated Time per Response: 2.9 hours. Estimated Total Annual Burden Hours: 377,000. Estimated Total Annual Cost: $12,222,340. Respondent’s Obligation: Mandatory. srobinson on DSKHWCL6B1PROD with NOTICES Legal Authority: Title 13, United States Code, Sections 131 and 224. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; VerDate Mar<15>2010 16:50 Mar 14, 2011 Jkt 223001 they also will become a matter of public record. Dated: March 10, 2011. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2011–5981 Filed 3–14–11; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–841] Antidumping Duty Order: Polyvinyl Alcohol From Taiwan Import Administration, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing an antidumping duty order on polyvinyl alcohol (PVA) from Taiwan. DATES: Effective Date: March 15, 2011. FOR FURTHER INFORMATION CONTACT: Thomas Schauer at (202) 482–0410, AD/ CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background On February 1, 2011, the Department published its affirmative final determination of sales at less than fair value in the antidumping duty investigation of PVA from Taiwan. See Polyvinyl Alcohol From Taiwan: Final Determination of Sales at Less Than Fair Value, 76 FR 5562 (February 1, 2011). On March 9, 2011, the ITC notified the Department of its final determination, pursuant to section 735(d) of the Tariff Act of 1930, as amended (the Act), that an industry in the United States is materially injured by reason of less-than-fair-value imports of PVA from Taiwan within the meaning of section 735(b)(1)(A)(i) of the Act. See Polyvinyl Alcohol from Taiwan (Investigation No. 731–TA–1088 (Final), USITC Publication 4218, March 2011). Scope of the Order The merchandise covered by this antidumping duty 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. PVA in PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 fiber form and PVB-grade low-ash PVA are not included in the scope of this order. PVB-grade low-ash PVA is defined to be PVA that meets the following specifications: Hydrolysis, Mole % of 98.40 +/¥ 0.40, 4% Solution Viscosity 30.00 +/¥ 2.50 centipois, and ash—ISE, wt% less than 0.60, 4% solution color 20mm cell, 10.0 maximum APHA units, haze index, 20mm cell, 5.0, maximum. 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 merchandise subject to this order is dispositive. Provisional Measures Section 733(d) of the Act states that suspension-of-liquidation instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six months. At the request of the exporter that accounted for a significant proportion of exports of the subject merchandise in the investigations of PVA from Taiwan, we extended the four-month period to no more than six months. See Polyvinyl Alcohol From Taiwan: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 75 FR 55552 (September 13, 2010) (Preliminary Results). In the investigation, the six-month period beginning on the date of the publication of the preliminary determination (i.e., September 13, 2010) will end on March 12, 2011. Furthermore, section 737 of the Act states that definitive duties are to begin on the date of publication of the ITC’s final injury determination. Therefore, in accordance with section 733(d) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of PVA from Taiwan entered, or withdrawn from warehouse, for consumption after March 12, 2011, through the day preceding the date of publication of the ITC’s final injury determination in the Federal Register. Suspension of liquidation will resume for entries entered, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC’s final E:\FR\FM\15MRN1.SGM 15MRN1 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Notices injury determination in the Federal Register. srobinson on DSKHWCL6B1PROD with NOTICES On March 9, 2011, in accordance with section 735(d) of the Act, the ITC notified the Department of its final determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act by reason of less-than-fair-value imports of PVA from Taiwan. In accordance with section 736(a)(1) of the Act, the Department will direct CBP to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds U.S. price of the merchandise for all relevant entries of PVA from Taiwan. These antidumping duties will be assessed on all unliquidated entries of PVA from Taiwan entered, or withdrawn from warehouse, for consumption on or after September 13, 2010, the date on which the Department published its notice of preliminary determination in the Federal Register, excluding those entries entered, or withdrawn from warehouse, for consumption between March 13, 2011 (the day following the end of the provisional-measures period), and the day preceding the publication date of the ITC’s final injury determination in the Federal Register. See Preliminary Results, 75 FR at 55552. Effective on the date of publication of the ITC’s notice of final determination in the Federal Register, CBP will require, pursuant to section 736(a)(3) of the Act and at the same time as importers would normally deposit estimated duties on subject merchandise, a cash deposit equal to the estimated weighted-average antidumping margins listed below. Upon further instruction by the Department and in accordance with section 736(a)(1) of the Act, the Department will instruct CBP to assess antidumping duties equal to the amount by which the normal value of the merchandise exceeds U.S. price of the merchandise for all relevant entries of PVA from Taiwan. These antidumping duties will be assessed on all unliquidated entries of PVA entered from Taiwan, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC’s notice of final determination in the Federal Register. VerDate Mar<15>2010 16:50 Mar 14, 2011 Jkt 223001 (‘‘Timken’’), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (‘‘Diamond Sawblades’’), the Department Chang Chun Petrochemical is notifying the public that the final Co., Ltd ................................. 3.08 All Others .................................. 3.08 judgment in this case is not in harmony with the Department’s final results and is amending the final results of the This notice constitutes the administrative review of the antidumping duty order with respect to antidumping duty order on fresh garlic PVA from Taiwan pursuant to section 736(a) of the Act. Interested parties may from the People’s Republic of China (‘‘PRC’’) covering the period of review contact the Central Records Unit of the (‘‘POR’’) of November 1, 2006, through main Department of Commerce October 31, 2007 with respect to building, Room 7046, for copies of an updated list of antidumping duty orders Greening. See Fresh Garlic From the People’s Republic of China: Final currently in effect. This order is published in accordance Results and Partial Rescission of the 13th Antidumping Duty Administrative with section 736(a) of the Act and 19 Review and New Shipper Reviews, 74 CFR 351.211(b). FR 29174 (June 19, 2009) (‘‘Final Dated: March 9, 2011. Results’’), and accompanying Issues and Ronald K. Lorentzen, Decision Memorandum at Comment 11. Deputy Assistant Secretary for Import DATES: Effective Date: March 11, 2011. Administration. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2011–6004 Filed 3–14–11; 8:45 am] Scott Lindsay or David Lindgren, AD/ BILLING CODE 3510–DS–P CVD Operations, Office 6, Import Administration—International Trade Administration, U.S. Department of DEPARTMENT OF COMMERCE Commerce, 14th Street and Constitution Avenue, NW., Washington, DC, 20230; International Trade Administration telephone (202) 482–0780 or (202) 482– [A–570–831] 3870. SUPPLEMENTARY INFORMATION: Fresh Garlic from the People’s Republic of China: Court Decision Not Background in Harmony With Final Results and On June 19, 2009, the Department Amended Final Results of Review issued its Final Results, where it AGENCY: Import Administration, determined that neither Shandong International Trade Administration, Chenhe International Trading Co., Ltd. Department of Commerce. (‘‘Chenhe’’) nor Greening submitted a SUMMARY: On March 1, 2011, the United separate rate application or certification, States Court of International Trade and neither company informed the (‘‘CIT’’) sustained in an unpublished Department that they had no shipments judgment the Department of of subject merchandise during the POR Commerce’s (‘‘the Department’’) final within the deadlines provided in the results of redetermination as applied to separate rate applications and respondent Shenzhen Greening Trading certifications. See Final Results and Co., Ltd. (‘‘Greening’’) pursuant to the accompanying Issues and Decision CIT’s order granting the Department’s Memorandum at Comment 11. voluntary remand request in Shandong Accordingly, for the six months of the Chenhe International Trading Co., Ltd. POR not covered by the concurrently and Shenzhen Greening Trading Co., conducted new shipper review (‘‘NSR’’), Ltd. v. United States, Court No. 09– we determined that Chenhe and 00246 (Ct. Int’l Trade April 22, 2010). Greening had not established that they See Final Results of Redetermination were each entitled to a separate rate, Pursuant to Voluntary Remand, Court and without timely filed no-shipment No. 09–00246, dated July 30, 2010, certifications, Chenhe and Greening available at http://ia.ita.doc.gov/ should be deemed to be part of the PRCremands (‘‘Remand Results’’); Shandong wide entity. Id. See also Fresh Garlic Chenhe International Trading Co., Ltd. from the People’s Republic of China: and Shenzhen Greening Trading Co., Initiation of Antidumping Duty New Ltd. v. United States, Court No. 09– Shipper Reviews, 72 FR 38057 (July 12, 00246 (Ct. Int’l Trade March 1, 2011) 2007). (‘‘Judgment’’). Consistent with the Chenhe and Greening timely decision of the United States Court of challenged the Department’s Appeals for the Federal Circuit determination not to rescind the (‘‘CAFC’’) in Timken Co. v. United administrative review with respect to States, 893 F.2d 337 (Fed. Cir. 1990) both companies to the CIT. On April 22, Producer or exporter Antidumping Duty Order 13983 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 Weightedaverage margin E:\FR\FM\15MRN1.SGM 15MRN1

Agencies

[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Notices]
[Pages 13982-13983]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6004]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-841]


Antidumping Duty Order: Polyvinyl Alcohol From Taiwan

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC), 
the Department is issuing an antidumping duty order on polyvinyl 
alcohol (PVA) from Taiwan.

DATES:  Effective Date: March 15, 2011.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer at (202) 482-0410, AD/
CVD Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2011, the Department published its affirmative final 
determination of sales at less than fair value in the antidumping duty 
investigation of PVA from Taiwan. See Polyvinyl Alcohol From Taiwan: 
Final Determination of Sales at Less Than Fair Value, 76 FR 5562 
(February 1, 2011).
    On March 9, 2011, the ITC notified the Department of its final 
determination, pursuant to section 735(d) of the Tariff Act of 1930, as 
amended (the Act), that an industry in the United States is materially 
injured by reason of less-than-fair-value imports of PVA from Taiwan 
within the meaning of section 735(b)(1)(A)(i) of the Act. See Polyvinyl 
Alcohol from Taiwan (Investigation No. 731-TA-1088 (Final), USITC 
Publication 4218, March 2011).

Scope of the Order

    The merchandise covered by this antidumping duty 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. PVA in fiber form and PVB-grade low-ash PVA are not included in 
the scope of this order. PVB-grade low-ash PVA is defined to be PVA 
that meets the following specifications: Hydrolysis, Mole % of 98.40 +/
- 0.40, 4% Solution Viscosity 30.00 +/- 2.50 centipois, and ash--ISE, 
wt% less than 0.60, 4% solution color 20mm cell, 10.0 maximum APHA 
units, haze index, 20mm cell, 5.0, maximum. 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 merchandise subject to this order is 
dispositive.

Provisional Measures

    Section 733(d) of the Act states that suspension-of-liquidation 
instructions issued pursuant to an affirmative preliminary 
determination may not remain in effect for more than four months except 
where exporters representing a significant proportion of exports of the 
subject merchandise request the Department to extend that four-month 
period to no more than six months. At the request of the exporter that 
accounted for a significant proportion of exports of the subject 
merchandise in the investigations of PVA from Taiwan, we extended the 
four-month period to no more than six months. See Polyvinyl Alcohol 
From Taiwan: Preliminary Determination of Sales at Less Than Fair Value 
and Postponement of Final Determination, 75 FR 55552 (September 13, 
2010) (Preliminary Results).
    In the investigation, the six-month period beginning on the date of 
the publication of the preliminary determination (i.e., September 13, 
2010) will end on March 12, 2011. Furthermore, section 737 of the Act 
states that definitive duties are to begin on the date of publication 
of the ITC's final injury determination. Therefore, in accordance with 
section 733(d) of the Act, we will instruct U.S. Customs and Border 
Protection (CBP) to terminate the suspension of liquidation and to 
liquidate, without regard to antidumping duties, unliquidated entries 
of PVA from Taiwan entered, or withdrawn from warehouse, for 
consumption after March 12, 2011, through the day preceding the date of 
publication of the ITC's final injury determination in the Federal 
Register. Suspension of liquidation will resume for entries entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the ITC's final

[[Page 13983]]

injury determination in the Federal Register.

Antidumping Duty Order

    On March 9, 2011, in accordance with section 735(d) of the Act, the 
ITC notified the Department of its final determination that an industry 
in the United States is materially injured within the meaning of 
section 735(b)(1)(A)(i) of the Act by reason of less-than-fair-value 
imports of PVA from Taiwan.
    In accordance with section 736(a)(1) of the Act, the Department 
will direct CBP to assess, upon further instruction by the Department, 
antidumping duties equal to the amount by which the normal value of the 
merchandise exceeds U.S. price of the merchandise for all relevant 
entries of PVA from Taiwan. These antidumping duties will be assessed 
on all unliquidated entries of PVA from Taiwan entered, or withdrawn 
from warehouse, for consumption on or after September 13, 2010, the 
date on which the Department published its notice of preliminary 
determination in the Federal Register, excluding those entries entered, 
or withdrawn from warehouse, for consumption between March 13, 2011 
(the day following the end of the provisional-measures period), and the 
day preceding the publication date of the ITC's final injury 
determination in the Federal Register. See Preliminary Results, 75 FR 
at 55552.
    Effective on the date of publication of the ITC's notice of final 
determination in the Federal Register, CBP will require, pursuant to 
section 736(a)(3) of the Act and at the same time as importers would 
normally deposit estimated duties on subject merchandise, a cash 
deposit equal to the estimated weighted-average antidumping margins 
listed below. Upon further instruction by the Department and in 
accordance with section 736(a)(1) of the Act, the Department will 
instruct CBP to assess antidumping duties equal to the amount by which 
the normal value of the merchandise exceeds U.S. price of the 
merchandise for all relevant entries of PVA from Taiwan. These 
antidumping duties will be assessed on all unliquidated entries of PVA 
entered from Taiwan, or withdrawn from warehouse, for consumption on or 
after the date of publication of the ITC's notice of final 
determination in the Federal Register.

------------------------------------------------------------------------
                                                              Weighted-
                    Producer or exporter                       average
                                                                margin
------------------------------------------------------------------------
Chang Chun Petrochemical Co., Ltd..........................         3.08
All Others.................................................         3.08
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
PVA from Taiwan pursuant to section 736(a) of the Act. Interested 
parties may contact the Central Records Unit of the main Department of 
Commerce building, Room 7046, for copies of an updated list of 
antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: March 9, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-6004 Filed 3-14-11; 8:45 am]
BILLING CODE 3510-DS-P