Polyvinyl Alcohol From the People's Republic of China: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 7337-7339 [2019-03821]
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Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Notices
Dated: February 25, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix—Scope of the Investigations
The merchandise covered by these
investigations is carbon and alloy fabricated
structural steel. Fabricated structural steel is
made from steel in which: (1) Iron
predominates, by weight, over each of the
other contained elements; and (2) the carbon
content is two percent or less by weight.
Fabricated structural steel products are steel
products that have been fabricated for
erection or assembly into structures,
including, but not limited to, buildings
(commercial, office, institutional, and multifamily residential); industrial and utility
projects; parking decks; arenas and
convention centers; medical facilities; and
ports, transportation and infrastructure
facilities. Fabricated structural steel is
manufactured from carbon and alloy
(including stainless) steel products such as
angles, columns, beams, girders, plates,
flange shapes (including manufactured
structural shapes utilizing welded plates as a
substitute for rolled wide flange sections),
channels, hollow structural section (HSS)
shapes, base plates, and plate-work
components. Fabrication includes, but is not
limited to cutting, drilling, welding, joining,
bolting, bending, punching, pressure fitting,
molding, grooving, adhesion, beveling, and
riveting and may include items such as
fasteners, nuts, bolts, rivets, screws, hinges,
or joints.
The inclusion, attachment, joining, or
assembly of non-steel components with
fabricated structural steel does not remove
the fabricated structural steel from the scope.
Fabricated structural steel is covered by the
scope of the investigations regardless of
whether it is painted, varnished, or coated
with plastics or other metallic or nonmetallic substances and regardless of
whether it is assembled or partially
assembled, such as into modules,
modularized construction units, or subassemblies of fabricated structural steel.
Subject merchandise includes fabricated
structural steel that has been assembled or
further processed in the subject country or a
third country, including but not limited to
painting, varnishing, trimming, cutting,
drilling, welding, joining, bolting, punching,
bending, beveling, riveting, galvanizing,
coating, and/or slitting or any other
processing that would not otherwise remove
the merchandise from the scope of the
investigations if performed in the country of
manufacture of the fabricated structural steel.
Specifically excluded from the scope of
these investigations are:
1. Fabricated steel concrete reinforcing bar
(rebar) if: (i) It is a unitary piece of fabricated
rebar, not joined, welded, or otherwise
connected with any other steel product or
part; or (ii) it is joined, welded, or otherwise
connected only to other rebar.
2. Fabricated structural steel for bridges
and bridge sections that meets American
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Association of State and Highway and
Transportation Officials (AASHTO) bridge
construction requirements or any state or
local derivatives of the AASHTO bridge
construction requirements.
3. Pre-engineered metal building systems,
which are defined as complete metal
buildings that integrate steel framing, roofing
and walls to form one, pre-engineered
building system, that meet Metal Building
Manufacturers Association guide
specifications. Pre-engineered metal building
systems are typically limited in height to no
more than 60 feet or two stories.
4. Steel roof and floor decking systems that
meet Steel Deck Institute standards.
5. Open web steel bar joists and joist
girders that meet Steel Joist Institute
specifications.
The products subject to the investigations
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under subheadings: 7308.90.3000,
7308.90.6000, and 7308.90.9590.
The products subject to the investigations
may also enter under the following HTSUS
subheadings: 7216.91.0010, 7216.91.0090,
7216.99.0010, 7216.99.0090, 7222.40.6000,
7228.70.6000, 7301.10.0000, 7301.20.1000,
7301.20.5000, 7308.40.0000, 7308.90.9530,
and 9406.90.0030.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the investigations is dispositive.
[FR Doc. 2019–03818 Filed 3–1–19; 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: Initiation and
Preliminary Results of Antidumping
Duty Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is initiating a changed
circumstances review and preliminarily
determining that Sinopec Chongqing
SVW Chemical Co., Ltd. (SVW) is the
successor-in-interest to Sinopec Sichuan
Vinylon Works (Sichuan SVW) for the
purposes of the antidumping duty order
on polyvinyl alcohol (PVA) from the
People’s Republic of China (China).
DATES: Applicable March 4, 2019.
FOR FURTHER INFORMATION CONTACT:
Charles Doss, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: 202–482–4474.
SUPPLEMENTARY INFORMATION:
AGENCY:
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7337
Background
On October 1, 2003, Commerce
published in the Federal Register an
antidumping duty order on PVA from
China.1 On December 7, 2018, SVW, a
foreign producer and exporter of
polyvinyl alcohol from China, and Wego
Chemical and Mineral Corp. (Wego), an
importer of polyvinyl alcohol from
China (collectively, SVW and Wego)
requested that, pursuant to section
751(b)(1) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR
351.216(b), Commerce conduct an
expedited changed circumstances
review of the Order to confirm that SVW
is the successor-in-interest to Sichuan
SVW and, accordingly, to assign SVW
the cash deposit rate of Sichuan SVW.2
In its submission, SVW and Wego
explain that Sinopec Sichuan Vinylon
Works (i.e., Sichuan SVW) has changed
its name to Sinopec Chongqing SVW
Chemical Co., Ltd. (i.e., SVW), and aver
that no substantive changes other than
this change of name have otherwise
occurred.3 SVW and Wego further
requested that Commerce combine the
notice of initiation and preliminary
results pursuant to 19 CFR
351.221(c)(3)(ii) and (iii).4 We did not
receive comments from other interested
parties concerning this request.
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.5 Accordingly, the revised
deadline for issuance of this initiation
and the preliminary results of changed
circumstances review is now March 5,
2019.
Scope of the Order
The merchandise covered by the 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.
1 See Antidumping Duty Order: Polyvinyl Alcohol
from the People’s Republic of China, 68 FR 56620
(October 1, 2003) (the Order).
2 See SVW and Wego’s letter, ‘‘Polyvinyl Alcohol
from China: Request for Changed Circumstances
Review,’’ dated December 12, 2018 (CCR Request).
3 Id. at 1–4.
4 Id. at 2.
5 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
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7338
Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Notices
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.
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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.
Initiation and Preliminary Results
Pursuant to section 751(b)(1) of the
Act, Commerce will conduct a changed
circumstances review upon receipt of
information concerning, or a request
from, an interested party for a review of
an antidumping duty order which
shows changed circumstances sufficient
to warrant a review of the order. In the
past, Commerce has used changed
circumstances reviews to address the
applicability of cash deposit rates after
there have been changes in the name or
structure of a respondent, such as a
merger or spinoff (‘successor-in-interest’
or ‘successorship’ determinations).6
Based on the request from SVW and
Wego, and in accordance with section
751(b)(1) of the Act and 19 CFR
351.216(d) and (e), we are initiating a
changed circumstances review to
determine whether SVW is the
successor-in-interest to Sichuan SVW
for purposes of antidumping duty
liability.
Section 351.221(c)(3)(ii) of
Commerce’s regulations permits
Commerce to combine the notice of
initiation of a changed circumstances
review and the notice of preliminary
results if Commerce concludes that
expedited action is warranted.7 In this
instance, because the record contains
information necessary to make a
preliminary finding, we find that
expedited action is warranted and have
combined the notice of initiation and
the notice of preliminary results.8
Accordingly, pursuant to section
751(b) of the Act, we have conducted a
successor-in-interest analysis in
6 See, e.g., Diamond Sawblades and Parts Thereof
from the People’s Republic of China: Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review, 82 FR 51605, 51606
(November 7, 2017) (Diamond Sawblades
Preliminary), unchanged in Diamond Sawblades
and Parts Thereof from the People’s Republic of
China: Final Results of Antidumping Duty Changed
Circumstances Review, 82 FR 60177 (December 19,
2017) (Diamond Sawblades Final).
7 See 19 CFR 351.221(c)(3)(ii). See also Certain
Pasta from Italy: Initiation and Preliminary Results
of Antidumping Duty Changed Circumstances
Review, 80 FR 33480, 33480–41 (June 12, 2015)
(Pasta from Italy Preliminary Results) (unchanged
in Certain Pasta from Italy: Final Results of
Changed Circumstances Review, 80 FR 48807
(August 14, 2015) (Pasta from Italy Final Results).
8 See, e.g., Pasta from Italy Preliminary Results,
80 FR at 33480–41 (unchanged in Pasta from Italy
Final Results, 80 FR at 48807).
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response to SWV and Wego’s request. In
making a successor-in-interest
determination, Commerce examines
several factors, including, but not
limited to, changes in the following: (1)
Management; (2) production facilities;
(3) supplier relationships; and (4)
customer base.9 While no single factor
or combination of factors will
necessarily provide a dispositive
indication of a successor-in-interest
relationship, generally, Commerce will
consider the new company to be the
successor to the previous company if
the new company’s resulting operation
is not materially dissimilar to that of its
predecessor.10 Thus, if the evidence
demonstrates that, with respect to the
production and sales of the subject
merchandise, the new company
operates as essentially the same
business entity as the former company,
Commerce will accord the new
company the same antidumping
treatment as its predecessor.11
In their request, SVW and Wego
supplied evidence for Commerce to
determine preliminarily that SVW is the
successor-in-interest of Sichuan SVW.
SVW and Wego provided
documentation of approval of SVW’s
name change from regulators 12 and its
business license before and after the
change.13 In addition, the record
includes lists of SVW’s management
before and after the name change,14
supporting SVW and Wego’s assertion
that the management is identical.15
Further, SVW and Wego provided an
announcement of SVW’s name change,
articles of association, and business
licenses that specify that its business
premises are the same,16 and support
the claim that SVW’s production
facilities, operations, and scope of
business have not materially changed as
a result of the name change.17 Moreover,
SVW and Wego provide sufficient
9 See, e.g., Diamond Sawblades Final and Certain
Frozen Warmwater Shrimp from India: Initiation
and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 83 FR 37784
(August 2, 2018) (unchanged in Certain Frozen
Warmwater Shrimp from India: Notice of Final
Results of Antidumping Duty Changed
Circumstances Review, 83 FR 49909 (October 3,
2018)).
10 Id.
11 Id. See also, e.g., Notice of Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review: Certain Frozen Warmwater
Shrimp from India, 77 FR 64953 (October 24, 2012),
unchanged in Final Results of Antidumping Duty
Changed Circumstances Review: Certain Frozen
Warmwater Shrimp from India, 77 FR 73619
(December 11, 2012).
12 See SVW CCR Request at Attachment 1.
13 Id. at Attachment 5.
14 Id. at Attachment 3.
15 Id. at 3.
16 Id. at Attachment 2.
17 Id. at Attachment 3.
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Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Notices
information to support their assertion
that there have been no material
changes to SVW’s raw material
suppliers and only minor changes to its
customer base before and following its
name change.18
Based on the aforementioned
evidence on the record, we
preliminarily determine that SVW is the
successor-in-interest to Sichuan SVW,
as the change in the business’ name was
not accompanied by significant changes
to its management and operations,
production facilities, supplier
relationships, or customer base. Thus,
we preliminarily determine that SVW
operates as essentially the same
business entity as Sichuan SVW, that
SVW is the successor-in-interest to
Sichuan SVW, and that SVW should
receive the same antidumping duty cash
deposit rate with respect to subject
merchandise as its predecessor.
Public Comment
Pursuant to 19 CFR 351.310(c), any
interested party may request a hearing
within 30 days of publication of this
notice. In accordance with 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs not later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed no
later than five days after the case briefs,
in accordance with 19 CFR 351.309(d).
Parties who submit case or rebuttal
briefs are encouraged to submit with
each argument: (1) A statement of the
issue; (2) a brief summary of the
argument; and (3) a table of
authorities.19 All comments are to be
filed electronically using Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
available to registered users at https://
access.trade.gov and in the Central
Records Unit, Room B8024, of the main
Department of Commerce building, and
must also be served on interested
parties. An electronically filed
document must be received successfully
in its entirety by ACCESS by 5:00 p.m.
Eastern Time on the day it is due.20
Consistent with 19 CFR 351.216(e),
we will issue the final results of this
changed circumstances review no later
than 270 days after the date on which
this review was initiated, or within 45
days if all parties agree to our
preliminary finding. This notice is
published in accordance with sections
751(b)(1) and 777(i) of the Act and 19
18 Id.
19 See
20 See
19 CFR 351.309(c)(2).
19 CFR 351.303(b).
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17:33 Mar 01, 2019
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CFR 351.216(b), 351.221(b) and
351.221(c)(3).
Dated: February 26, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2019–03821 Filed 3–1–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–122–865, C–201–851, C–570–103]
Certain Fabricated Structural Steel
From Canada, Mexico, and the
People’s Republic of China: Initiation
of Countervailing Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable February 25, 2019.
FOR FURTHER INFORMATION CONTACT:
Whitley Herndon at (202) 482–6274
(Canada), Thomas Martin (202) 482–
3936 or Trisha Tran at (202) 482–4852
(Mexico), or Darla Brown at (202) 482–
1791 (People’s Republic of China
(China)), AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petitions
On February 4, 2019, the U.S.
Department of Commerce (Commerce)
received countervailing duty (CVD)
Petitions concerning imports of certain
fabricated structural steel (fabricated
structural steel) from Canada, Mexico,
and China, which were subsequently
amended on February 21, 2019.1 The
Petitions, as amended, were filed in
proper form by a subgroup of the
American Institute of Steel
Construction, LLC, a trade association
representing domestic producers of
fabricated structural steel. Specifically,
the petitioner is the American Institute
of Steel Construction Full Member
Subgroup (the petitioner). The CVD
Petitions were accompanied by
antidumping duty (AD) Petitions
concerning imports of fabricated
1 See the petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Certain Fabricated Structural Steel from
Canada, Mexico, and the People’s Republic of
China,’’ dated February 4, 2019, as amended on
February 21, 2019 (the Petitions).
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7339
structural steel from Canada, Mexico,
and China.
During the period February 7 through
February 14, 2019, Commerce requested
supplemental information pertaining to
certain aspects of the Petitions in
separate supplemental questionnaires.2
Responses to the supplemental
questionnaires were filed between
February 12 and February 19, 2019.3
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioner alleges that the
Governments of Canada, Mexico, and
China, as well as the Canadian
provincial governments of Alberta,
British Colombia (BC), Manitoba, New
Brunswick, Ontario, Que´bec, Prince
Edward Island (PEI) and Saskatchewan,
are providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of
fabricated structural steel in Canada,
Mexico, and China and that imports of
such products are materially injuring, or
threatening material injury to, the
domestic industry producing fabricated
structural steel in the United States.
Consistent with section 702(b)(1) of the
Act and 19 CFR 351.202(b), for those
alleged programs on which we are
initiating CVD investigations, the
Petitions are accompanied by
information reasonably available to the
petitioner supporting their allegations.
2 See Commerce Letters, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Fabricated Structural
Steel from Canada, the People’s Republic of China,
and Mexico: Supplemental Questions,’’ dated
February 7, 2019, ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Certain
Fabricated Structural Steel from the People’s
Republic of China (China): Supplemental
Questions,’’ dated February 7, 2019, ‘‘Petition for
the Imposition of Countervailing Duties on Certain
Fabricated Structural Steel from Canada:
Supplemental Questions,’’ dated February 8, 2019,
‘‘Petition for the Imposition of Countervailing
Duties on Certain Fabricated Structural Steel from
Mexico: Supplemental Questions,’’ dated February
8, 2019, and ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Certain
Fabricated Structural Steel from Mexico: Additional
Supplemental Questions,’’ dated February 14, 2019.
3 See the petitioner’s Letters, ‘‘Certain Fabricated
Structural Steel from Canada, Mexico, and the
People’s Republic of China: Responses to
Supplemental Questions on General and Injury
Volume I of the Petition,’’ dated February 12, 2019
(General Issues Supplement), ‘‘Certain Fabricated
Structural Steel from Canada: Responses to
Supplemental Questions on Canada CVD Volume V
of the Petition,’’ dated February 12, 2019, ‘‘Certain
Fabricated Structural Steel from Canada: Responses
to Supplemental Questions on Mexico CVD Volume
VI of the Petition,’’ dated February 12, 2019,
‘‘Certain Fabricated Structural Steel from the
People’s Republic of China: Responses to
Supplemental Questions on China CVD Volume VII
of the Petition,’’ dated February 12, 2019, and
‘‘Certain Fabricated Structural Steel from Mexico:
Responses to Second Supplemental Questions in
CVD Volume VI of the Petition,’’ dated February 19,
2019.
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Agencies
[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Notices]
[Pages 7337-7339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03821]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-879]
Polyvinyl Alcohol From the People's Republic of China: Initiation
and Preliminary Results of Antidumping Duty Changed Circumstances
Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is initiating a changed
circumstances review and preliminarily determining that Sinopec
Chongqing SVW Chemical Co., Ltd. (SVW) is the successor-in-interest to
Sinopec Sichuan Vinylon Works (Sichuan SVW) for the purposes of the
antidumping duty order on polyvinyl alcohol (PVA) from the People's
Republic of China (China).
DATES: Applicable March 4, 2019.
FOR FURTHER INFORMATION CONTACT: Charles Doss, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: 202-482-4474.
SUPPLEMENTARY INFORMATION:
Background
On October 1, 2003, Commerce published in the Federal Register an
antidumping duty order on PVA from China.\1\ On December 7, 2018, SVW,
a foreign producer and exporter of polyvinyl alcohol from China, and
Wego Chemical and Mineral Corp. (Wego), an importer of polyvinyl
alcohol from China (collectively, SVW and Wego) requested that,
pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act) and 19 CFR 351.216(b), Commerce conduct an expedited changed
circumstances review of the Order to confirm that SVW is the successor-
in-interest to Sichuan SVW and, accordingly, to assign SVW the cash
deposit rate of Sichuan SVW.\2\ In its submission, SVW and Wego explain
that Sinopec Sichuan Vinylon Works (i.e., Sichuan SVW) has changed its
name to Sinopec Chongqing SVW Chemical Co., Ltd. (i.e., SVW), and aver
that no substantive changes other than this change of name have
otherwise occurred.\3\ SVW and Wego further requested that Commerce
combine the notice of initiation and preliminary results pursuant to 19
CFR 351.221(c)(3)(ii) and (iii).\4\ We did not receive comments from
other interested parties concerning this request.
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Polyvinyl Alcohol from the
People's Republic of China, 68 FR 56620 (October 1, 2003) (the
Order).
\2\ See SVW and Wego's letter, ``Polyvinyl Alcohol from China:
Request for Changed Circumstances Review,'' dated December 12, 2018
(CCR Request).
\3\ Id. at 1-4.
\4\ Id. at 2.
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\5\ Accordingly, the
revised deadline for issuance of this initiation and the preliminary
results of changed circumstances review is now March 5, 2019.
---------------------------------------------------------------------------
\5\ See Memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the 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.
[[Page 7338]]
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.
Initiation and Preliminary Results
Pursuant to section 751(b)(1) of the Act, Commerce will conduct a
changed circumstances review upon receipt of information concerning, or
a request from, an interested party for a review of an antidumping duty
order which shows changed circumstances sufficient to warrant a review
of the order. In the past, Commerce has used changed circumstances
reviews to address the applicability of cash deposit rates after there
have been changes in the name or structure of a respondent, such as a
merger or spinoff (`successor-in-interest' or `successorship'
determinations).\6\ Based on the request from SVW and Wego, and in
accordance with section 751(b)(1) of the Act and 19 CFR 351.216(d) and
(e), we are initiating a changed circumstances review to determine
whether SVW is the successor-in-interest to Sichuan SVW for purposes of
antidumping duty liability.
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\6\ See, e.g., Diamond Sawblades and Parts Thereof from the
People's Republic of China: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review, 82 FR 51605, 51606
(November 7, 2017) (Diamond Sawblades Preliminary), unchanged in
Diamond Sawblades and Parts Thereof from the People's Republic of
China: Final Results of Antidumping Duty Changed Circumstances
Review, 82 FR 60177 (December 19, 2017) (Diamond Sawblades Final).
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Section 351.221(c)(3)(ii) of Commerce's regulations permits
Commerce to combine the notice of initiation of a changed circumstances
review and the notice of preliminary results if Commerce concludes that
expedited action is warranted.\7\ In this instance, because the record
contains information necessary to make a preliminary finding, we find
that expedited action is warranted and have combined the notice of
initiation and the notice of preliminary results.\8\
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\7\ See 19 CFR 351.221(c)(3)(ii). See also Certain Pasta from
Italy: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015)
(Pasta from Italy Preliminary Results) (unchanged in Certain Pasta
from Italy: Final Results of Changed Circumstances Review, 80 FR
48807 (August 14, 2015) (Pasta from Italy Final Results).
\8\ See, e.g., Pasta from Italy Preliminary Results, 80 FR at
33480-41 (unchanged in Pasta from Italy Final Results, 80 FR at
48807).
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Accordingly, pursuant to section 751(b) of the Act, we have
conducted a successor-in-interest analysis in response to SWV and
Wego's request. In making a successor-in-interest determination,
Commerce examines several factors, including, but not limited to,
changes in the following: (1) Management; (2) production facilities;
(3) supplier relationships; and (4) customer base.\9\ While no single
factor or combination of factors will necessarily provide a dispositive
indication of a successor-in-interest relationship, generally, Commerce
will consider the new company to be the successor to the previous
company if the new company's resulting operation is not materially
dissimilar to that of its predecessor.\10\ Thus, if the evidence
demonstrates that, with respect to the production and sales of the
subject merchandise, the new company operates as essentially the same
business entity as the former company, Commerce will accord the new
company the same antidumping treatment as its predecessor.\11\
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\9\ See, e.g., Diamond Sawblades Final and Certain Frozen
Warmwater Shrimp from India: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review, 83 FR 37784 (August
2, 2018) (unchanged in Certain Frozen Warmwater Shrimp from India:
Notice of Final Results of Antidumping Duty Changed Circumstances
Review, 83 FR 49909 (October 3, 2018)).
\10\ Id.
\11\ Id. See also, e.g., Notice of Initiation and Preliminary
Results of Antidumping Duty Changed Circumstances Review: Certain
Frozen Warmwater Shrimp from India, 77 FR 64953 (October 24, 2012),
unchanged in Final Results of Antidumping Duty Changed Circumstances
Review: Certain Frozen Warmwater Shrimp from India, 77 FR 73619
(December 11, 2012).
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In their request, SVW and Wego supplied evidence for Commerce to
determine preliminarily that SVW is the successor-in-interest of
Sichuan SVW. SVW and Wego provided documentation of approval of SVW's
name change from regulators \12\ and its business license before and
after the change.\13\ In addition, the record includes lists of SVW's
management before and after the name change,\14\ supporting SVW and
Wego's assertion that the management is identical.\15\
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\12\ See SVW CCR Request at Attachment 1.
\13\ Id. at Attachment 5.
\14\ Id. at Attachment 3.
\15\ Id. at 3.
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Further, SVW and Wego provided an announcement of SVW's name
change, articles of association, and business licenses that specify
that its business premises are the same,\16\ and support the claim that
SVW's production facilities, operations, and scope of business have not
materially changed as a result of the name change.\17\ Moreover, SVW
and Wego provide sufficient
[[Page 7339]]
information to support their assertion that there have been no material
changes to SVW's raw material suppliers and only minor changes to its
customer base before and following its name change.\18\
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\16\ Id. at Attachment 2.
\17\ Id. at Attachment 3.
\18\ Id.
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Based on the aforementioned evidence on the record, we
preliminarily determine that SVW is the successor-in-interest to
Sichuan SVW, as the change in the business' name was not accompanied by
significant changes to its management and operations, production
facilities, supplier relationships, or customer base. Thus, we
preliminarily determine that SVW operates as essentially the same
business entity as Sichuan SVW, that SVW is the successor-in-interest
to Sichuan SVW, and that SVW should receive the same antidumping duty
cash deposit rate with respect to subject merchandise as its
predecessor.
Public Comment
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of publication of this notice. In accordance
with 19 CFR 351.309(c)(1)(ii), interested parties may submit case
briefs not later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed no later than five days after the case briefs, in
accordance with 19 CFR 351.309(d). Parties who submit case or rebuttal
briefs are encouraged to submit with each argument: (1) A statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\19\ All comments are to be filed electronically using
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS), available to registered
users at https://access.trade.gov and in the Central Records Unit, Room
B8024, of the main Department of Commerce building, and must also be
served on interested parties. An electronically filed document must be
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern
Time on the day it is due.\20\
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\19\ See 19 CFR 351.309(c)(2).
\20\ See 19 CFR 351.303(b).
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Consistent with 19 CFR 351.216(e), we will issue the final results
of this changed circumstances review no later than 270 days after the
date on which this review was initiated, or within 45 days if all
parties agree to our preliminary finding. This notice is published in
accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR
351.216(b), 351.221(b) and 351.221(c)(3).
Dated: February 26, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-03821 Filed 3-1-19; 8:45 am]
BILLING CODE 3510-DS-P