[Federal Register Volume 74, Number 69 (Monday, April 13, 2009)]
[Notices]
[Pages 16834-16835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8384]


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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: Continuation of Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC) 
that revocation of the antidumping duty orders on polyvinyl alcohol 
(PVA) from Japan, the Republic of Korea (Korea), and the People's 
Republic of China (PRC) would likely lead to continuation or recurrence 
of dumping and material injury to an industry in the United States, the 
Department is publishing notice of continuation of these antidumping 
duty orders.

EFFECTIVE DATE: April 13, 2009.

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

SUPPLEMENTARY INFORMATION:

Background

    In June 2008, the Department initiated and the ITC instituted 
sunset reviews of the antidumping duty orders on PVA from Japan, Korea, 
and the PRC

[[Page 16835]]

pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\1\
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    \1\ See Initiation of Five-year (``Sunset'') Reviews, 73 FR 
31974 (June 5, 2008); and Institution of Five-year Reviews 
Concerning the Antidumping Duty Orders on Polyvinyl Alcohol from 
China, Japan, and Korea, 73 FR 31507 (June 2, 2008).
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    As a result of its reviews, the Department found that revocation of 
the antidumping duty orders would likely lead to continuation or 
recurrence of dumping, and it notified the ITC of the magnitude of the 
margins likely to prevail were the orders to be revoked.\2\ On April 2, 
2009, the ITC published its determination, pursuant to section 751(c) 
of the Act, that revocation of the antidumping duty orders on PVA from 
Japan, Korea, and the PRC would likely lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.\3\
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    \2\ See 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, 73 FR 57596 (October 
3, 2008).
    \3\ See Polyvinyl Alcohol from China, Japan, and Korea; 
Determination, 74 FR 14999 (April 2, 2009).
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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.

Determination

    As a result of the determinations by the Department and the ITC 
that revocation of these antidumping duty orders would likely lead to 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty orders on PVA from Japan, Korea, and the PRC. Therefore, U.S. 
Customs and Border Protection will continue to collect antidumping duty 
cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise.
    The effective date of continuation of these orders will be the date 
of publication in the Federal Register of this Notice of Continuation. 
Pursuant to sections 751(c)(2) and 751(c)(6)(A) of the Act, the 
Department intends to initiate the next five-year review of these 
orders not later than March 2014.
    This five-year (sunset) review and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 777(i) 
of the Act.

    Dated: April 6, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-8384 Filed 4-10-09; 8:45 am]
BILLING CODE 3510-DS-S