# Polyvinyl Alcohol From Japan: Notice of Amendment of Preliminary Results of Changed Circumstances Antidumping Duty Review and Intent To Revoke Order in Part > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A98-15875 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** June 16, 1998 - **Citation:** 63 FR 32809 ## Text 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. ----------------------------------------------------------------------- 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-15875. Public record. Not legal advice.