[Federal Register Volume 75, Number 60 (Tuesday, March 30, 2010)]
[Notices]
[Page 15726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7071]
[[Page 15726]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1088 (Preliminary) (Remand)]
Polyvinyl Alcohol From Taiwan; Determination
On the basis of the record \1\ developed in the subject
investigation, the United States International Trade Commission
(Commission) determines, pursuant to section 733(a) of the Tariff Act
of 1930 (19 U.S.C. 1673b(a)) (the Act), that there is a reasonable
indication that an industry in the United States is materially injured
by reason of imports from Taiwan of polyvinyl alcohol provided for in
subheading 3905.30.00 of the Harmonized Tariff Schedule of the United
States, that are alleged to be sold in the United States at less than
fair value (LTFV).\2\
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\1\ The record is defined in section 207.2(f) of the
Commission's Rules of Practice and Procedure (19 CFR 207.2(f)).
\2\ Vice Chairman Pearson and Commissioners Okun and Lane
dissented, having determined that there is no reasonable indication
that an industry in the United States is materially injured or
threatened with material injury by reason of allegedly LTFV imports
of polyvinyl alcohol from Taiwan.
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Commencement of Final Phase of Investigation
Pursuant to section 207.18 of the Commission's rules, the
Commission also gives notice of the commencement of the final phase of
its investigation. The Commission will issue a final phase notice of
scheduling, which will be published in the Federal Register as provided
in section 207.21 of the Commission's rules, upon notice from the
Department of Commerce (Commerce) of an affirmative preliminary
determination in the investigation under section 733(b) of the Act, or,
if the preliminary determination is negative, upon notice of an
affirmative final determination in that investigation under section
735(a) of the Act. Parties that filed entries of appearance in the
preliminary phase of the investigation need not enter a separate
appearance for the final phase of the investigation. Industrial users,
and, if the merchandise under investigation is sold at the retail
level, representative consumer organizations have the right to appear
as parties in Commission antidumping duty investigations. The Secretary
will prepare a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigation.
Background
On September 7, 2004, a petition was filed with the Commission and
Commerce by domestic producer Celanese Chemicals, Ltd., Dallas, TX,
alleging that an industry in the United States is materially injured
and threatened with further material injury by reason of LTFV imports
of polyvinyl alcohol from Taiwan. Accordingly, effective September 7,
2004, the Commission instituted antidumping duty investigation No. 731-
TA-1088 (Preliminary).
Notice of the institution of the Commission's investigation and of
a public conference to be held in connection therewith was given by
posting copies of the notice in the Office of the Secretary, U.S.
International Trade Commission, Washington, DC, and by publishing the
notice in the Federal Register of September 15, 2004 (69 FR 55653). The
conference was held in Washington, DC, on September 28, 2004, and all
persons who requested the opportunity were permitted to appear in
person or by counsel.
On October 24, 2004, the Commission determined by a vote of 3 to 2,
that there was no reasonable indication that a U.S. industry was
materially injured or threatened with material injury by reason of
imports of PVA from Taiwan.\3\ Notice of that determination was
published on October 29, 2004. 69 FR 63177. The Commission transmitted
its determination to the Secretary of Commerce on October 22, 2004. The
Commission's views were contained in USITC Publication 3732 (October
2004), entitled Polyvinyl Alcohol from Taiwan: Investigation No. 731-
TA-1088 (Preliminary). Domestic producer/petitioner Celanese appealed
the Commission's negative preliminary determination to the U.S. Court
of International Trade (``CIT'').
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\3\ Commissioners Miller and Koplan dissented, having determined
that there was a reasonable indication that an industry in the
United States was materially injured by reason of allegedly LTFV
imports of polyvinyl alcohol from Taiwan. Commissioner Hillman did
not participate in the investigation.
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On January 29, 2007, the CIT remanded the determination to the
Commission for further proceedings. Celanese Chemicals, Ltd. v. United
States, Slip Op. 07-16, 29 ITRD 1985 (Ct. Int'l Trade 2007). On remand,
the Commission determined, by a vote of 3 to 3, that there was a
reasonable indication that a U.S. industry was materially injured by
reason of imports of subject imports of PVA from Taiwan. Chairman
Aranoff and Commissioners Williamson and Pinkert, who had commenced
their service as Commissioners in the intervening time, voted in the
affirmative. On remand, Vice Chairman Pearson and Commissioners Okun
and Lane reaffirmed their negative preliminary determinations.
Polyvinyl Alcohol from Taiwan: Investigation No. 731-TA-1088
(Preliminary) (Remand), USITC Publication 3920 (April 2007). The tie
vote yielded an affirmative determination by operation of 19 U.S.C.
1677(11).
On November 19, 2008, the CIT affirmed the Commission's affirmative
preliminary determination on remand. Celanese Chemicals Ltd. v. United
States, Slip Op. 08-125, 30 ITRD 2352 (``Celanese II''). On January 16,
2009, DuPont appealed to the U.S. Court of Appeals for the Federal
Circuit (``Federal Circuit'').
On December 23, 2009, the Federal Circuit affirmed, without
opinion, the CIT's decision in Celanese II, and issued its mandate on
February 18, 2010. No party has applied under 28 U.S.C. 2101(c) to the
U.S. Supreme Court for a writ of certiorari. The judicial proceedings
having now ended, the Commission now publishes notice of its
preliminary determination on remand.
By order of the Commission.
Issued: March 25, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-7071 Filed 3-29-10; 8:45 am]
BILLING CODE 7020-02-P