[Federal Register Volume 60, Number 194 (Friday, October 6, 1995)]
[Notices]
[Pages 52370-52371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24928]



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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