Polyvinyl Alcohol From Japan: Final Results of Changed Circumstances Antidumping Duty Review, and Revocation in Part of Antidumping Duty Order

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-836]

Polyvinyl Alcohol From Japan: Final Results of Changed

Circumstances Antidumping Duty Review, and Revocation in Part of

Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of changed circumstances antidumping

duty review, and revocation in part of antidumping duty order.

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SUMMARY: 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 polyvinyl alcohol from Japan. On June 16,

1998, the Department published a notice amending the preliminary

results of the changed circumstances antidumping duty review, the scope

of which included polyvinyl alcohol 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. We are now

revoking this order in part, with regard to polyvinyl alcohol 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, based on the fact that domestic parties have

expressed no further interest in the relief provided by the order with

respect to the importation or sale of polyvinyl alcohol for use in the

manner prescribed above.

EFFECTIVE DATE: July 27, 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 of

Commerce's (``the Department'') regulations are to the regulations at

19 CFR Part 351, 62 FR 27296 (May 19, 1997).

FOR FURTHER INFORMATION CONTACT: Brian Smith or Brian Ledgerwood,

Office of AD/CVD Enforcement, Office 5, Import Administration,

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

Street and Constitution Avenue, NW, Washington, DC 20230; telephone

(202) 482-1766 or (202) 482-3836, respectively.

SUPPLEMENTARY INFORMATION:

Background

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 polyvinyl alcohol (``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.

We preliminarily determined that the petitioner's affirmative

statement of no interest constituted changed circumstances sufficient

to warrant a review and partial revocation of this order. Consequently,

on April 30, 1998, the Department published a notice of initiation and

preliminary results of changed circumstances antidumping duty review

with an intent to revoke this order in part (63 FR 23722). 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.''

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 amended

our preliminary results published on April 30, 1998, to clarify our

description of the type of PVA subject to the proposed revocation. On

June 16, 1998, the Department published a notice amending the

preliminary results of the changed circumstances antidumping duty

review with an intent to revoke the order in part (63 FR 32809). We

gave interested parties an opportunity to comment on the amended

preliminary results of this changed circumstances review. We received

no comments.

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

[[Page 40100]]

(``HTSUS''). Although the HTSUS subheading is provided for convenience

and customs purposes, our written description of the scope is

dispositive.

Final Results of Review; Partial Revocation of Antidumping Duty

Order

The affirmative statement of no interest by the petitioner in 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, constitutes changed

circumstances sufficient to warrant partial revocation of this order.

Therefore, the Department is partially revoking the order on PVA from

Japan for use in the manner prescribed above, in accordance with

sections 751 (b) and (d) and 782(h) of the Act and 19 CFR

351.222(g)(i). This partial revocation applies to all entries of the

subject merchandise entered or withdrawn from the warehouse for

consumption on or after May 1, 1998.

The Department will instruct the Customs Service (``Customs'') to

proceed with liquidation, without regard to antidumping duties, of all

unliquidated entries of 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 entered, or

withdrawn from the warehouse, for consumption on or after May 1, 1998.

The Department will further instruct Customs to refund with interest

any estimated duties collected with respect to unliquidated entries of

PVA from Japan for use in the manner prescribed above, or withdrawn

from warehouse, for consumption on or after the publication date of the

final results of this changed circumstances review, in accordance with

Section 778 of the Act.

This notice also serves as a final reminder to parties subject to

administrative protection orders (APOs) of their responsibility

concerning the disposition of proprietary information disclosed under

APO in accordance with 19 CFR 353.34(d)(1997). Timely written

notification of the return/destruction of APO materials or conversion

to judicial protective order is hereby requested. Failure to comply

with the regulations and terms of an APO is a sanctionable violation.

This changed circumstances review, partial revocation of the

antidumping duty order, and notice are in accordance with sections 751

(b) and (d) and 782(h) of the Act and sections 351.216, 351.221(c)(3),

and 351.222(g) of the Department's regulations.

Dated: July 20, 1998.

Joseph A. Spetrini,

Assistant Secretary for Import Administration.

[FR Doc. 98-20012 Filed 7-24-98; 8:45 am]

BILLING CODE 3510-DS-P