Initiation of Antidumping Duty Investigation: Foam Extruded PVC and Polystyrene Framing Stock From the United Kingdom

DEPARTMENT OF COMMERCE

[A-412-817]

Initiation of Antidumping Duty Investigation: Foam Extruded PVC

and Polystyrene Framing Stock From the United Kingdom

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

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EFFECTIVE DATE: October 6, 1995.

FOR FURTHER INFORMATION CONTACT: Ellen Grebasch at (202) 482-3773,

Dorothy Tomaszewski at (202) 482-0631 or Erik Warga at (202) 482-0922,

Office of Antidumping Investigations, Import Administration,

International Trade Administration, U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W., Washington, DC 20230.

INITIATION OF INVESTIGATIONS:

The Applicable Statute

Unless otherwise indicated, all citations to the statute are

references to the provisions effective January 1, 1995, the effective

date of the amendments made to the Tariff Act of 1930 (the Act) by the

Uruguay Round Agreements Act (URAA).

[[Page 52371]]

The Petition

On September 8, 1995, the Department of Commerce (the Department)

received a petition filed in proper form by Marley Mouldings, Inc. (the

petitioner), a producer of foam extruded polyvinyl chloride (PVC) and

polystyrene framing stock. A supplement to the petition was filed on

September 22, 1995.

In accordance with section 732(b) of the Act, the petitioner

alleges that imports of foam extruded PVC and polystyrene framing stock

from the United Kingdom are being, or are likely to be, sold in the

United States at less than fair value within the meaning of section 731

of the Act, and that such imports are materially injuring, or

threatening material injury to, a U.S. industry.

The petitioner states that they have standing to file the petition

because they are interested parties, as defined under section 771(9)(C)

of the Act.

Determination of Industry Support for the Petition

Section 732(c)(4)(A) of the Act requires the Department to

determine, prior to the initiation of an investigation, that a minimum

percentage of the domestic industry supports an antidumping petition. A

petition meets these minimum requirements if (1) the domestic producers

or workers who support the petition account for at least 25 percent of

the total production of the domestic like product; and (2) the domestic

producers or workers who support the petition account for more than 50

percent of the production of the domestic like product produced by that

portion of the industry expressing support for, or opposition to, the

petition.

A review of the production data provided in the petition and other

information readily available to the Department indicates that the

petitioner accounts for more than 25 percent of the total production of

the domestic like product and for more than 50 percent of that produced

by companies expressing support for, or opposition to, the petition.

The Department received no expressions of opposition to the petition

from any interested party. Accordingly, the Department determines that

the petition is supported by the domestic industry.

Scope of the Investigations

For purposes of these investigations, all extruded PVC and

polystyrene framing stock regardless of color, finish, width or length.

Finished frames assembled from foam extruded PVC and polystyrene

framing stock are excluded. The merchandise under investigation is

currently classifiable under HTS subheadings 3924.90.20.00;

3926.90.90.90; 3926.90.95.90; and 3926.90.98.90. Although the HTSUS

subheadings are provided for convenience and customs purposes, our

written description of the scope of these investigations is

dispositive.

Export Price and Normal Value

Export price was based on a price list from a U.K. producer with

the terms of sale on delivered basis. The petitioner made adjustments

to the export prices for foreign inland freight, handling, ocean

freight, marine insurance, U.S. brokerage, U.S. duties, and U.S. inland

freight.

Normal value was based on the same price list, also with the terms

of sale on a delivered basis. The petitioner made adjustments to the

normal value for foreign inland freight.

Based on comparisons of export price to normal value, the

calculated dumping margins for foam extruded PVC and polystyrene

framing stock from the United Kingdom range from 20.82 percent to 48.96

percent.

Fair Value Comparisons

Based on the data provided by the petitioner, there is reason to

believe that imports of foam extruded PVC and polystyrene framing stock

from the United Kingdom are being, or likely to be, sold at less than

fair value.

Initiation of Investigations

We have examined the petition on foam extruded PVC and polystyrene

framing stock and have found that it meets the requirements of section

732 of the Act, including the requirements concerning allegations of

the material injury or threat of material injury to the domestic

producers of a domestic like product by reason of the complained-of

imports, allegedly sold at less than fair value. Therefore, we are

initiating an antidumping duty investigation to determine whether

imports of foam extruded PVC and polystyrene framing stock from the

United Kingdom are being, or are likely to be, sold in the United

States at less than fair value. Unless extended, we will make our

preliminary determination by February 15, 1996.

Distribution of Copies of the Petition

In accordance with section 732(b)(3)(A) of the Act, copies of the

public versions of the petition have been provided to the

representatives of the government of the United Kingdom. We will

attempt to provide copies of the public versions of the petition to all

the exporters named in the petition.

International Trade Commission (ITC) Notification

We have notified the ITC of our initiation, as required by section

732(d) of the Act.

Preliminary Determination by the ITC

The ITC will determine by October 23, 1995, whether there is a

reasonable indication that imports of foam extruded PVC and polystyrene

framing stock from the United Kingdom are causing material injury, or

threatening to cause material injury, to a U.S. industry. A negative

ITC determination will result in the investigation being terminated;

otherwise, the investigation will proceed according to statutory and

regulatory time limits.

This notice is published pursuant to section 732(c)(2) of the Act.

Dated: September 28, 1995.

Susan G. Esserman,

Assistant Secretary for Import Administration.

[FR Doc. 95-24928 Filed 10-5-95; 8:45 am]

BILLING CODE 3510-DS-P