[Federal Register Volume 71, Number 204 (Monday, October 23, 2006)]
[Notices]
[Pages 62086-62087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17712]



[[Page 62086]]

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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-879


Polyvinyl Alcohol from the People's Republic of China; Final 
Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 7, 2006, the Department of Commerce (Department) 
published the preliminary results of its 2004-2005 administrative 
review of the antidumping duty order on polyvinyl alcohol (PVA) from 
the People's Republic of China (PRC). See Polyvinyl Alcohol from the 
People's Republic of China; Preliminary Results of Antidumping Duty 
Administrative Review, 71 FR 38612 (July 7, 2006) (Preliminary 
Results). We have now completed that review. For these final results, 
as in the Preliminary Results, we determine that sales have not been 
made below normal value (NV).

EFFECTIVE DATE: October 23, 2006.

FOR FURTHER INFORMATION CONTACT: Jill Pollack, AD/CVD Operations, 
Office 2, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-4593.

SUPPLEMENTARY INFORMATION:

Background

    On July 7, 2006, the Department published in the Federal Register 
the preliminary results of administrative review of the antidumping 
duty order on PVA from the PRC. See Preliminary Results. Interested 
parties were invited to comment on the preliminary results. On August 
7, 2006, we received case briefs from Sinopec Sichuan Vinylon Works 
(SVW), the respondent in this administrative review, and Solutia Inc. 
(Solutia), a domestic interested party. No party filed a rebuttal 
brief.
    On September 15 and 28, 2006, respectively, SVW and Solutia 
withdrew their case briefs and requested that the Department issue the 
final results. SVW also requested that the Department issue the final 
results on an expedited basis. The Department has conducted this 
administrative review in accordance with section 751 of the Tariff Act 
of 1930, as amended (Act).

Period of Review

    The period of review (POR) is October 1, 2004, through September 
30, 2005.

Scope of Order

    The merchandise covered by this order is PVA. This product consists 
of all PVA hydrolyzed in excess of 80 percent, whether or not mixed or 
diluted with commercial levels of defoamer or boric acid, except as 
noted below.
    The following products are specifically excluded from the scope of 
this order:
    1) PVA in fiber form.
    2) PVA with hydrolysis less than 83 mole percent and certified not 
for use in the production of textiles.
    3) PVA with hydrolysis greater than 85 percent and viscosity 
greater than or equal to 90 cps.
    4) PVA with a hydrolysis greater than 85 percent, viscosity greater 
than or equal to 80 cps but less than 90 cps, certified for use in an 
ink jet application.
    5) 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, and accompanied by an end-
use certification.
    6) PVA covalently bonded with cationic monomer uniformly present on 
all polymer chains in a concentration equal to or greater than one mole 
percent.
    7) PVA covalently bonded with carboxylic acid uniformly present on 
all polymer chains in a concentration equal to or greater than two mole 
percent, certified for use in a paper application.
    8) PVA covalently bonded with thiol uniformly present on all 
polymer chains, certified for use in emulsion polymerization of non-
vinyl acetic material.
    9) PVA covalently bonded with paraffin uniformly present on all 
polymer chains in a concentration equal to or greater than one mole 
percent.
    10) PVA covalently bonded with silan uniformly present on all 
polymer chains certified for use in paper coating applications.
    11) PVA covalently bonded with sulfonic acid uniformly present on 
all polymer chains in a concentration level equal to or greater than 
one mole percent.
    12) PVA covalently bonded with acetoacetylate uniformly present on 
all polymer chains in a concentration level equal to or greater than 
one mole percent.
    13) PVA covalently bonded with polyethylene oxide uniformly present 
on all polymer chains in a concentration level equal to or greater than 
one mole percent.
    14) PVA covalently bonded with quaternary amine uniformly present 
on all polymer chains in a concentration level equal to or greater than 
one mole percent.
    15) PVA covalently bonded with diacetoneacrylamide uniformly 
present on all polymer chains in a concentration level greater than 
three mole percent, certified for use in a paper application.
The merchandise subject to this order 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, the written description of the scope 
of this order is dispositive.

Surrogate Country

    In the Preliminary Results, we stated that we treat the PRC as a 
non-market economy (NME) country and, therefore, we calculated NV in 
accordance with section 773(c) of the Act, which applies to NME 
countries. Also, we stated that we selected India as the appropriate 
surrogate country to use in this review for the following reasons: (1) 
it is a significant producer of comparable merchandise; and (2) it is 
at a similar level of economic development, pursuant to 773(c)(4) of 
the Act. See Preliminary Results, 71 FR at 38613. For the final 
results, we made no changes to our findings with respect to the 
selection of a surrogate country.

Separate Rates

    In proceedings involving NME countries, the Department begins with 
a rebuttable presumption that all companies within the country are 
subject to government control and, thus, should be assigned a single 
antidumping duty deposit rate. It is the Department's policy to assign 
all exporters of merchandise subject to review in an NME country this 
single rate unless an exporter can demonstrate that it is sufficiently 
independent so as to be entitled to a separate rate. In the Preliminary 
Results, we found that SVW demonstrated its eligibility for separate-
rate status. For these final results, we continue to find that the 
evidence placed on the record of this review by SVW demonstrates an 
absence of government control, both in law and in fact, with respect to 
its exports of the merchandise under review and, thus, determine SVW is 
eligible for separate-rate status.

[[Page 62087]]

Weighted-Average Dumping Margin

    The weighted-average dumping margin is as follows:

------------------------------------------------------------------------
           Manufacturer/producer/exporter              Margin percentage
------------------------------------------------------------------------
Sinopec Sichuan Vinylon Works.......................        0.00 percent
------------------------------------------------------------------------

Assessment Rates

    The Department will issue appraisement instructions directly to 
U.S. Customs and Border Protection (CBP) within 15 days of publication 
of these final results of administrative review. In accordance with 19 
CFR 351.212(b)(1), we have calculated importer-specific assessment 
rates for the merchandise subject to this review. We note that SVW did 
not report the entered value for its U.S. sales in question. 
Accordingly, we have calculated importer-specific assessment rates for 
the merchandise in question by aggregating the dumping margins 
calculated for all U.S. sales to each importer and dividing this amount 
by the total quantity of those sales. To determine whether the duty 
assessment rates were de minimis, in accordance with the requirement 
set forth in 19 CFR 351.106(c)(2), we calculated importer-specific ad 
valorem ratios based on the estimated entered value. Where an importer-
specific ad valorem rate is de minimis, we will order CBP to liquidate 
appropriate entries without regard to antidumping duties.

Cash-Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of PVA from the PRC 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) because the cash deposit 
rate for SVW is de minimis, no cash deposit shall be required for SVW; 
(2) the cash deposit rate for all other PRC exporters will be 97.86 
percent, the current PRC-wide rate; and (3) the cash deposit rate for 
all non-PRC exporters will be the rate applicable to the PRC exporter 
that supplied that exporter. These deposit requirements, when imposed, 
shall remain in effect until publication of the final results of the 
next administrative review.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (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.
    This determination and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213.

    Dated: October 17, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-17712 Filed 10-20-06; 8:45 am]
BILLING CODE 3510-DS-S