[Federal Register Volume 72, Number 129 (Friday, July 6, 2007)]
[Notices]
[Pages 36960-36961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13120]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-879]


Polyvinyl Alcohol from the People's Republic of China: Notice of 
Court Decision Not In Harmony with Final Determination

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 30, 2007, the United States Court of International 
Trade (``Court'') sustained the final remand determination made by the 
Department of Commerce (``the Department'') pursuant to the Court's 
remand of the final determination of sales at less than fair value of 
polyvinyl alcohol from the People's Republic of China. See Sinopec 
Sichuan Vinylon Works v. United States, Court No. 03-00791, Slip Op. 
07-88 (CIT May 30, 2007) (``Sinopec IV''). This case arises out of the 
Department's Notice of Final Determination of Sales at Less Than Fair 
Value: Polyvinyl Alcohol from the People's Republic of China 68 FR 
47538 (Aug. 11, 2003)(``Final Determination''), as amended by Notice of 
Amended Final Determination of Sales at Less Than Fair Value: Polyvinyl 
Alcohol From the People's Republic of China 68 FR 52183 (Sept. 2, 2003) 
(``Amended Final Determination''). The final judgment in this case was 
not in harmony with the Department's Final Determination and Amended 
Final Determination.

EFFECTIVE DATE: July 6, 2007.

FOR FURTHER INFORMATION CONTACT: Hallie Noel Zink, AD/CVD Operations, 
China/NME Group, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington DC 20230; telephone: (202) 482-
6907.

SUPPLEMENTARY INFORMATION: In Sinopec Sichuan Vinylon Works v. United 
States, Slip Op. 06-191, 2006 WL 3929638 (CIT Dec. 28, 2006) (not 
reported in F. Supp.) (``Sinopec III''), the Court remanded the 
Department's calculation of Sinopec Sichuan Vinylon Works' (``SVW'') 
overhead costs for adjustments that comport with the Department's 
estimation of double-counting, if any, that may have occurred. 
Additionally, the Court stated that the Department was to provide the 
Court with a well-reasoned explanation for its final decision.
    On March 16, 2007, the Department issued the draft results of 
redetermination pursuant to remand (``draft results'') for comment by 
interested parties. On March 23, 2007, SVW and Defendant-Intervenors\1\ 
submitted comments in response to the Department's draft results of 
redetermination pursuant to remand. On April 14, 2007, the Department 
issued its final results of redetermination pursuant to remand to the 
Court. The remand redetermination explained that in accordance with the 
Court's instructions, the Department analyzed the information on the 
record and found no evidence on the record establishing the existence 
of double-counting. Therefore, the Department found that double-
counting did not occur. Thus, for these final remand results, the 
Department applied Jubilant's\2\ financial ratios to SVW's costs 
without any adjustment. Additionally, the Department provided the Court 
with further explanation with regard to its final decision, which was 
based upon the following findings: i) there is no

[[Page 36961]]

evidence on the record establishing that the Department's application 
of Jubilant's financial ratios resulted in double counting; and ii) the 
Department's decision to use Jubilant's data in the calculation of 
SVW's overhead costs without adjustment is consistent with its decision 
to apply a by-product credit for SVW's acetic acid recovery into its 
figures. The recalculated margin for these final remand results is 5.51 
percent.
---------------------------------------------------------------------------

    \1\ Celanese Chemicals Ltd., and E.I. Dupont de Nemours & Co.
    \2\ Jubilant Organosys Ltd.'s (Jubilant).
---------------------------------------------------------------------------

    On May 30, 2007, the Court found that the Department complied with 
the Court's remand order and sustained the Department's remand 
redetermination. See Sinopec IV.

Timken Notice

    In its decision in Timken Co., v. United States, 893 F.2d 337, 341 
(Fed. Cir. 1990) (``Timken''), the United States Court of Appeals for 
the Federal Circuit held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (``the Act''), the Department must 
publish a notice of a court decision that is not ``in harmony'' with a 
Department determination, and must suspend liquidation of entries 
pending a ``conclusive'' court decision. SVW's margin, as originally 
calculated in the Amended Final Determination, was 6.91 percent. SVW's 
margin, as calculated now, following the Court's decision in Sinopec IV 
is 5.51 percent. The Court's decision in Sinopec IV constitutes a final 
decision of that court that is not in harmony with the Department's 
final determination in polyvinyl alcohol from the People's Republic of 
China. This notice is published in fulfillment of the publication 
requirements of Timken. Accordingly, the Department will continue the 
suspension of liquidation of the subject merchandise pending the 
expiration of the period of appeal, or, if appealed, upon a final and 
conclusive court decision.
    This notice is issued and published in accordance with section 
516A(c)(1) of the Act.

    Dated: June 27, 2007.
Joseph A. Spetrini,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-13120 Filed 7-5-07; 8:45 am]
BILLING CODE 3510-DS-S