[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Notices]
[Pages 57596-57597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23455]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-861, A-580-850, A-570-879]


Polyvinyl Alcohol From Japan, the Republic of Korea, and the 
People's Republic of China: Final Results of the Expedited Sunset 
Reviews of the Antidumping Duty Orders

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

SUMMARY: On June 5, 2008, the Department of Commerce (the Department) 
initiated sunset reviews of the antidumping duty orders on polyvinyl 
alcohol (PVA) from Japan, the Republic of Korea (Korea), and the 
People's Republic of China (PRC) pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (the Act). The Department has conducted 
expedited (120-day) sunset reviews for these orders pursuant to 19 CFR 
351.218(e)(1)(ii)(C)(2). As a result of these sunset reviews, the 
Department finds that revocation of the antidumping duty orders would 
be likely to lead to continuation or recurrence of dumping.

DATES: Effective Date: October 3, 2008.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Miriam Eqab, AD/
CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW., Washington, DC 20230; telephone: (202) 482-3874 and (202) 
482-3693, respectively.

SUPPLEMENTARY INFORMATION

Background

    On June 5, 2008, the Department published the notice of initiation 
of the sunset reviews of the antidumping duty orders on PVA from Japan, 
Korea, and the PRC pursuant to section 751(c) of the Act. See 
Initiation of Five-Year (``Sunset'') Reviews, 73 FR 31974 (June 5, 
2008) (Notice of Initiation).
    The Department received notices of intent to participate from 
Celanese Chemicals, Ltd. and E.I. Dupont de Nemours & Co. 
(collectively, ``the domestic interested parties'') within the deadline 
specified in 19 CFR 351.218(d)(1)(i). The companies claimed interested 
party status under section 771(9)(C) of the Act as manufacturers of a 
domestic like product in the United States. The Department also 
received a notice of intent to participate from two Japanese respondent 
interested parties: The Nippon Synthetic Chemical Industry Co., Ltd. 
and Marubeni Specialty Chemicals Inc. The companies claimed interested 
party status under section 771(9)(A) of the Act as a foreign producer 
and a U.S. importer, respectively, of the subject merchandise.
    The Department received complete substantive responses to the 
notice of initiation from the domestic interested parties within the 
30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no 
substantive responses from respondent interested parties with respect 
to any of the orders covered by these sunset reviews, nor was a hearing 
requested. As a result, pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department is conducting expedited (120-day) sunset reviews of the 
antidumping duty orders for Japan, Korea, and the PRC.

Scope of the Orders

    The merchandise covered by these orders 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 
these orders:
    (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 these orders 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 these orders is dispositive.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the ``Issues 
and Decision Memorandum for the Expedited Sunset Reviews of the 
Antidumping Duty Orders on Polyvinyl Alcohol from Japan, the Republic 
of Korea, and the People's Republic of China'' from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration (September 29, 
2008) (Decision Memo), which is

[[Page 57597]]

hereby adopted by this notice. The issues discussed in the Decision 
Memo include the likelihood of continuation or recurrence of dumping 
and the magnitude of the margins likely to prevail if the orders were 
revoked. Parties can find a complete discussion of all issues raised in 
these reviews and the corresponding recommendations in this public 
memorandum which is on file in the Central Records Unit, room 1117 of 
the main Department building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper 
copy and electronic version of the Decision Memo are identical in 
content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on PVA 
from Japan, Korea, and the PRC would be likely to lead to continuation 
or recurrence of dumping at the following weighted-average percentage 
margins:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
             Manufacturers/exporters/ producers                 margin
                                                              (percent)
------------------------------------------------------------------------
Japan:
  Denki Kagaku Kogyo Kabushiki Kaisha......................       144.16
  Japan VAM & POVAL Co., Ltd...............................       144.16
  Kuraray Co., Ltd.........................................       144.16
  The Nippon Synthetic Chemical Industry Co., Ltd..........       144.16
  All-Others Rate..........................................        76.78
Korea:
  DC Chemical Company, Ltd.................................        38.74
  All-Others Rate..........................................        32.08
PRC:
  Sinopec Sichuan Vinylon Works............................         5.51
  PRC-Wide Rate............................................        97.86
------------------------------------------------------------------------

    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 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders 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 the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: September 29, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
 [FR Doc. E8-23455 Filed 10-2-08; 8:45 am]
BILLING CODE 3510-DS-P