Notice of Antidumping Orders: Polyvinyl Alcohol From Japan, the People's Republic of China, and Taiwan

Federal RegisterMay 14, 1996

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DEPARTMENT OF COMMERCE

[A-588-836, A-570-842, A-583-824]

Notice of Antidumping Orders: Polyvinyl Alcohol From Japan, the

People's Republic of China, and Taiwan

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: May 14, 1996.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Erik Warga,

Import Administration, International Trade Administration, U.S.

Department of Commerce, 14th Street and Constitution Avenue NW.,

Washington, DC 20230; telephone: (202) 482-4136 or (202) 482-0922,

respectively.

[[Page 24287]]

Scope of Order

The merchandise covered by these orders is polyvinyl alcohol.

Polyvinyl alcohol is a dry, white to cream-colored, water-soluble

synthetic polymer. This product consists of polyvinyl alcohols

hydrolyzed in excess of 85 percent, whether or not mixed or diluted

with defoamer or boric acid. Excluded from this investigation are

polyvinyl alcohols covalently bonded with acetoacetylate, carboxylic

acid, or sulfonic acid uniformly present on all polymer chains in a

concentration equal to or greater than two mole percent, and polyvinyl

alcohols covalently bonded with silane uniformly present on all polymer

chains in a concentration equal to or greater than one-tenth of one

mole percent. Polyvinyl alcohol in fiber form is not included in the

scope of these orders.

The merchandise under 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

merchandise under these orders is dispositive.

Antidumping Duty Order

In accordance with section 735(a) of the Tariff Act of 1930, as

amended (the Act), the Department of Commerce (the Department) made its

final determination that polyvinyl alcohol from Japan, the People's

Republic of China (PRC), and Taiwan is being sold at less than fair

value (61 FR 14057-14063, March 29, 1996). On May 6, 1996, the

International Trade Commission (ITC) notified the Department of its

final determination, pursuant to section 735(b)(1)(A)(ii) of the Act,

that an industry in the United States is threatened with material

injury by reason of imports of the subject merchandise from Japan, the

PRC, and Taiwan. The ITC did not determine, pursuant to section

735(b)(4)(B) of the Act, that, but for the suspension of liquidation of

entries of the subject merchandise, the domestic industry would have

been materially injured.

When the ITC finds threat of material injury, and makes a negative

``but for'' finding, the ``Special Rule'' provision of section

736(b)(2) applies. Therefore, only unliquidated entries of polyvinyl

alcohol from Japan, the PRC, and Taiwan, except for imports from the

PRC manufactured and sold to the United States by Sinopec Sichuan

Vinylon Works, entered or withdrawn from warehouse, for consumption on

or after the date on which the ITC published its notice of final

determination of threat of material injury in the Federal Register are

liable for the assessment of antidumping duties.

Accordingly, the Department will direct the Customs Service to

terminate the suspension of liquidation for entries of polyvinyl

alcohol imported from Japan, the PRC, and Taiwan, entered, or withdrawn

from warehouse, for consumption before the date on which the ITC

published its notice of final determination of threat of material

injury in the Federal Register, and to release any bond or other

security, and refund any cash deposit, posted to secure the payment of

estimated antidumping duties with respect to these entries.

In accordance with section 736(a)(1) of the Act, the Department

will direct Customs officers to assess, upon further advice by the

administering authority, antidumping duties equal to the amount by

which the foreign market exceeds the United States price for all

relevant entries of polyvinyl alcohol from Japan, the PRC, and Taiwan,

except for imports from the PRC manufactured and sold to the United

States by Sinopec Sichuan Vinylon Works. Customs officers must require,

at the same time as importers would normally deposit estimated duties

on this merchandise, a cash deposit equal to the estimated weighted-

average antidumping duty margins as noted below. The ``All Others''

rate listed for each country applies to all exporters of polyvinyl

alcohol not specifically listed below.

The ad valorem weighted-average dumping margins are as follows:

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

Weighted-

average

Manufacturer/producer/exporter margin

percentage

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

Japan:

Kuraray Co. Ltd........................................... 77.49

Nippon Synthetic Chemical................................. 77.49

Industry Co. Ltd.......................................... 77.49

Shin-Etsu Chemical Co..................................... 77.49

Unitika Ltd............................................... 77.49

All Others................................................ 77.49

PRC:

Guangxi GITIC Import/Export............................... 116.75

Sinopec Sichuan Vinylon Works (also known as Sichuan

Vinylon Works)........................................... \1\ 000.00

PRC-Wide rate............................................. 116.75

Taiwan:

Chang Chun Petrochemical.................................. 19.21

All Others................................................ 19.21

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

\1\ Excluded.

Allegations of ministerial errors were made with respect to the

Department's final determinations for polyvinyl alcohol from the PRC

and Taiwan. Upon review, the Department determined that certain

corrections to these determinations were appropriate. However, these

corrections did not alter the margin percentages; therefore, no

amendments to the final determinations were necessary.

This notice constitutes the antidumping duty orders with respect to

polyvinyl alcohol from Japan, the PRC, and Taiwan. The Department of

Commerce is excluding from the application of the order products from

the PRC that are manufactured and sold to the United States by Sinopec

Sichuan Vinylon Works. However, the ad valorem weighted-average dumping

margin applicable to polyvinyl alcohol manufactured by any other PRC

manufacturer and exported by Sinopec Sichuan Vinylon Works is 116.75

percent (the PRC-wide rate).

Interested parties may contact the Central Records Unit, Room B-099

of the Main Commerce Building, for copies of an updated list of

antidumping duty orders currently in effect.

These orders are published in accordance with section 736(a) of the

Act.

Dated: May 9, 1996.

Paul L. Joffe,

Acting Assistant Secretary for Import Administration.

[FR Doc. 96-12098 Filed 5-13-96; 8:45 am]

BILLING CODE 3510-DS-P

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Notice of Antidumping Orders: Polyvinyl Alcohol From Japan, the People's Republic of China, and Taiwan · 61 FR 24286 | Frix