[Federal Register Volume 65, Number 198 (Thursday, October 12, 2000)]
[Notices]
[Pages 60615-60617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26241]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-824]


Polyvinyl Alcohol From Taiwan: Final Results of Third Antidumping 
Duty Administrative Review and Determination Not To Revoke Order in 
Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of final results of third antidumping duty 
administrative review and determination not to revoke order in part.

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SUMMARY: On June 6, 2000, the Department of Commerce published the 
preliminary results in the third administrative review of the 
antidumping duty order on polyvinyl alcohol from Taiwan and intent not 
to revoke the order in part. The review covers Chang Chun Petrochemical 
Co., Ltd., a manufacturer/exporter of the subject merchandise. The 
period of review is May 1, 1998, through April 30, 1999.
    Based on our analysis of the comments received, we have made one 
change in the margin calculations to correct a ministerial error. 
However, the final results do not differ from the preliminary results 
as a result of that change. The final weighted-average

[[Page 60616]]

dumping margin for the reviewed firm is listed below in the section 
entitled ``Final Results of Review.''

EFFECTIVE DATE: October 12, 2000.

FOR FURTHER INFORMATION CONTACT: Brian Ledgerwood or Brian Smith, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, Washington, DC 20230; telephone: (202) 482-3836 
or (202) 482-1766, respectively.

SUPPLEMENTARY INFORMATION:

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's) regulations are to 19 CFR part 351 (April 1999).

Background

    The review covers one manufacturer/exporter, Chang Chun 
Petrochemical Co., Ltd. (``Chang Chun''). The period of review 
(``POR'') is May 1, 1998, through April 30, 1999.
    On June 6, 2000, the Department published in the Federal Register 
the preliminary results in the third administrative review of the 
antidumping duty order on polyvinyl alcohol from Taiwan and intent not 
to revoke the order in part (65 FR 35896). On July 6, 2000, Chang Chun 
requested a hearing.
    We invited parties to comment on the preliminary results of review. 
Parties filed case and rebuttal briefs on July 6 and 13, 2000, 
respectively. A public hearing was held on July 20, 2000. The 
Department has conducted this administrative review in accordance with 
section 751 of the Act.

Scope of Review

    The product covered by this review is PVA. PVA 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 
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.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this antidumping duty administrative review are addressed in the 
``Issues and Decision Memorandum'' (``Decision Memorandum'') from 
Richard W. Moreland, Deputy Assistant Secretary for Import 
Administration, to Troy H. Cribb, Acting Assistant Secretary for Import 
Administration, dated October 4, 2000, which is hereby adopted by this 
notice. A list of the issues which parties have raised and to which we 
have responded, all of which are in the Decision Memorandum, is 
attached to this notice as an Appendix. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendations in this public memorandum which is on file in the 
Central Records Unit, room B-099 of the main Department building. In 
addition, a complete version of the Decision Memorandum can be accessed 
directly on the Web at ia.ita.doc.gov. The paper copy and electronic 
version of the Decision Memorandum are identical in content.

Determination Not To Revoke Order

    For the reasons outlined in the Decision Memorandum, we have 
determined not to revoke the antidumping duty order with respect to 
subject merchandise produced and also exported by Chang Chun 
Petrochemical Co., Ltd. because its sales were not made in commercial 
quantities in accordance with 19 CFR 351.222(e).

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made one 
change in the margin calculations. For a discussion of this change, see 
the ``Margin Calculations'' section of the Decision Memorandum.

Final Results of Review

    We determine that the following weighted-average margin percentage 
exists for Chang Chun for the period May 1, 1998, through April 30, 
1999:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Chang Chun Petrochemical Co., Ltd..........................         0.00
------------------------------------------------------------------------

    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. In accordance 
with 19 CFR 351.106(c)(2), we will instruct the Customs Service to 
assess antidumping duties on all appropriate entries covered by this 
review if any importer-specific assessment rate calculated in the final 
results of this review is above de minimis (i.e., at or above 0.50 
percent). If no importer-specific assessment rate is at or above de 
minimus, we shall instruct the Customs Service to liquidate all 
appropriate entries without regard to antidumping duties.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of the administrative 
review for all shipments of PVA from Taiwan entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) No cash deposit rate for 
Chang Chun will be required for PVA from Taiwan that is produced and 
exported by Chang Chun; (2) for exporters not covered in this review, 
but covered in the less-than-fair-value (``LTFV'') investigation or 
prior reviews, the cash deposit rate will continue to be the company-
specific rate from the LTFV investigation or the prior review; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
the LTFV investigation, but the manufacturer is, the cash deposit rate 
will be the rate established for the most recent period for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 19.21 percent. 
This rate is the ``All Others'' rate from the LTFV investigation.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the

[[Page 60617]]

subsequent assessment of double antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. 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 violation which is 
subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections section 751(a)(1) and 777(i) of the Act.

    Dated: October 4, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.

Appendix--List of Issues

    1. Commercial Quantities:
    a. Applicability of the Commercial Quantities Regulation to 
Chang Chun's U.S. Sales of Subject Merchandise
    b. Application of the Commercial Quantities Requirement and the 
Positive Evidence Rule
    c. Other Commercial-Quantity-Related Issues
    2. Positive Evidence Rule and Factors to Consider in Revoking 
the Order
    3. Ministerial Error

[FR Doc. 00-26241 Filed 10-11-00; 8:45 am]
BILLING CODE 3510-DS-P