Polyvinyl Alcohol From Japan: Notice of Amendment of Preliminary Results of Changed Circumstances Antidumping Duty Review and Intent To Revoke Order in Part

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-836]

Polyvinyl Alcohol From Japan: Notice of Amendment of Preliminary

Results of Changed Circumstances Antidumping Duty Review and Intent To

Revoke Order in Part

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of amendment of preliminary results of changed

circumstances antidumping duty review and intent to revoke order in

part.

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SUMMARY: On April 30, 1998, the Department of Commerce (``the

Department'') published a notice of initiation of a changed

circumstances antidumping duty review and preliminary results of the

review with intent to revoke, in part, the antidumping duty order on

polyvinyl alcohol from Japan, the scope of which included polyvinyl

alcohol for use as a pharmaceutical excipient or for use in the

manufacture of film coating systems which are components of a drug or

dietary supplement (63 FR 23722, April 30, 1998). The Department has

determined that it should clarify its description of the type of

polyvinyl alcohol that is subject to the proposed revocation. In order

to accommodate this clarification, the Department is affording parties

an additional opportunity to comment (see Public Comment section

below).

EFFECTIVE DATE: June 16, 1998.

The Applicable Statute

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (``the Act''), are references to the provisions

effective January 1, 1995, the effective date of the amendments made to

the Act by the Uruguay Round Agreements Act (``URAA''). In addition,

unless otherwise indicated, all citations to the Department's

regulations are to the regulations at 19 CFR Part 351 (62 FR 27296, May

19, 1997).

FOR FURTHER INFORMATION CONTACT: Brian Ledgerwood or Sunkyu Kim, Import

Administration, International Trade Administration, U.S. Department of

Commerce, 14th Street and

[[Page 32810]]

Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-3836

or (202) 482-2613, respectively.

SUPPLEMENTARY INFORMATION:

Background

On May 14, 1996, the Department published in the Federal Register

(61 FR 24286) an antidumping duty order on polyvinyl alcohol (``PVA'')

from Japan. On March 12, 1998, Colorcon, Inc. (``Colorcon'') requested

that the Department conduct a changed circumstances review and revoke,

in part, the antidumping duty order with respect to PVA from Japan 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. Colorcon included in its request a statement from

the petitioner dated October 30, 1997, expressing (i) no objection to a

changed circumstances review, and (ii) no further interest in

maintaining the antidumping duty order with respect to PVA imported

from Japan for use in the manner described above.

On April 30, 1998, the Department published a notice of initiation

of a changed circumstances antidumping duty review and preliminary

results of the review with intent to revoke, in part, the antidumping

duty order on PVA from Japan. In that notice, we stated that we intend

to revoke in part, the antidumping duty order as it relates to

``imports of PVA for use as a pharmaceutical excipient or for use in

the manufacture of film coating systems which are components of a drug

or dietary supplement'' (63 FR 23722, April 30, 1998). Subsequently, it

came to the Department's attention that our description of the type of

PVA subject to the proposed revocation did not accurately reflect the

description contained in the petitioner's expression of no further

interest. In particular, the Department's description of the product

subject to revocation did not include PVA ``for use in the manufacture

of an excipient.'' As a result, we are amending our preliminary results

published on April 30, 1998, to clarify our description of the type of

PVA subject to the proposed revocation.

Scope of Review

The product covered by this review is PVA. PVA is a dry, white to

cream-colored, water-soluble synthetic polymer. Excluded from this

review are PVAs 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 PVAs

covalently bonded with silane uniformly present on all polymer chains

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

percent. PVA in fiber form is not included in the scope of this review.

The merchandise under review 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, our written description of the scope

is dispositive.

Amended Preliminary Results of Changed Circumstances Review and Intent

To Revoke Order in Part

Pursuant to section 751(d) of the Act, the Department may partially

revoke an antidumping duty order based on a review under section 751(b)

of the Act (i.e., a ``changed circumstances'' review). Section

751(b)(1) of the Act requires a changed circumstances review to be

conducted upon receipt of a request containing information concerning

changed circumstances sufficient to warrant a review.

Section 351.222(g) of the Department's regulations provides that

the Department will conduct a changed circumstances review under 19 CFR

351.216, and may revoke an order in whole (or in part) if it determines

that the producers accounting for substantially all of the production

of the domestic like product to which the order pertains have expressed

a lack of interest in the order, in whole or in part. The affirmative

statement of no interest by the petitioner covered PVA from Japan 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. In the preliminary results issued on April 30, 1998

(63 FR 23722) we inadvertently excluded from our description of the

product subject to revocation, PVA ``for use in the manufacture of an

excipient.'' Therefore, we are hereby notifying the public of our

intent to revoke, in part, the antidumping duty order as it relates to

imports of 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.

Because of the error in the original description of the products

covered by this changed circumstances review, we are affording the

parties an additional opportunity to comment (see Public Comment

section below). Suspension of liquidation will be extended accordingly.

If final revocation, in part, occurs, we intend to instruct the

Customs Service to end, effective on the date of publication in the

Federal Register of the final notice of partial revocation, the

suspension of liquidation and to refund any estimated antidumping

duties collected for all unliquidated entries of the above-described

PVA not subject to final results of an administrative review. We will

also instruct the Customs Service to pay interest on such refunds in

accordance with section 778 of the Act. The current requirement for a

cash deposit of estimated antidumping duties will continue until

publication of the final results of this changed circumstances review.

Public Comment

Interested parties may submit case briefs and/or written comments

no later than 10 days after the date of publication of these results.

Rebuttal briefs and rebuttals to written comments, limited to issues

raised in such briefs or comments, may be filed no later than 17 days

after the date of publication of these amended preliminary results. The

Department will issue its final results no later than 45 days after it

has issued its amended preliminary results if all parties agree to our

preliminary results.

The preliminary results in this review and notice are in accordance

with section 751(b) of the Act (19 U.S.C. 1675(b)), and 19 CFR 351.216,

351.221, and 351.222.

Dated: June 6, 1998.

Robert S. LaRussa,

Assistant Secretary for Import Administration.

[FR Doc. 98-15875 Filed 6-15-98; 8:45 am]

BILLING CODE 3510-DS-P