[Federal Register Volume 76, Number 21 (Tuesday, February 1, 2011)]
[Notices]
[Pages 5562-5563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2194]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-841]
Polyvinyl Alcohol From Taiwan: Final Determination of Sales at
Less Than Fair Value
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has determined
that imports of polyvinyl alcohol (PVA) from Taiwan are being, or are
likely to be, sold in the United States at less than fair value (LTFV),
as provided in section 735 of the Tariff Act of 1930, as amended (the
Act). The estimated margins of sales at LTFV are listed in the ``Final
Determination'' section of this notice.
DATES: Effective Date: February 1, 2011.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Richard Rimlinger,
AD/CVD Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
0410 or (202) 482-4477, respectively.
SUPPLEMENTARY INFORMATION:
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the Act or the
Department's regulations, 19 CFR part 351, are to those provisions in
effect on September 27, 2004, the date of initiation of this
investigation.
Case History
On September 13, 2010, we published in the Federal Register our
preliminary determination in the antidumping duty investigation of
polyvinyl alcohol from Taiwan. See Polyvinyl Alcohol From Taiwan:
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 75 FR 55552 (September 13, 2010)
(Preliminary Determination).
As provided in section 782(i) of the Act, we conducted sales and
cost verifications of the questionnaire responses submitted by the sole
respondent, Chang Chun Petrochemical Co., Ltd. (CCPC). We used standard
verification procedures, including examination of relevant accounting
and production records, as well as original source documents provided
by CCPC. See Memorandum to the File entitled ``Polyvinyl Alcohol from
Taiwan: Sales Verification of Chang Chun Petrochemical Co., Ltd.,''
dated October 12, 2010, and Memorandum to Neal M. Halper entitled
``Verification of the Cost of Production and Constructed Value Data
Submitted by Chang Chun Petrochemical Co., Ltd., in the Antidumping
Duty Investigation of Polyvinyl Alcohol from Taiwan'' dated October 26,
2010. All verification reports are on file and available in the Central
Records Unit (CRU), Room 7046, of the main Department of Commerce
building.
We received case briefs submitted by Sekisui Specialty Chemicals
America, LLC (the petitioner), and CCPC on November 2, 2010. The
petitioner and CCPC submitted rebuttal briefs on November 8, 2010. We
held a public hearing on December 1, 2010.
Period of Investigation
The period of investigation is July 1, 2003, through June 30,
2004.\1\ This period corresponds to the four most recent fiscal
quarters prior to the month of the filing of the petition, September
2004. See 19 CFR 351.204(b)(1).
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\1\ We initiated this investigation on September 27, 2004, but
terminated it after the International Trade Commission's (ITC's)
preliminary determination of no injury. We resumed this
investigation after that determination was reversed upon remand. See
Preliminary Determination, 75 FR at 55552, for full details of the
history of this investigation.
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Scope of the Investigation
The merchandise covered by this investigation 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. PVA
in fiber form and PVB-grade low-ash PVA are not included in the scope
of this investigation. PVB-grade low-ash PVA is defined to be PVA that
meets the following specifications: Hydrolysis, Mole % of 98.40 +/-
0.40, 4% Solution Viscosity 30.00 +/- 2.50 centipois, and ash--ISE, wt%
less than 0.60, 4% solution color 20mm cell, 10.0 maximum APHA units,
haze index, 20mm cell, 5.0, maximum. The merchandise under
investigation 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 merchandise under investigation is
dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this antidumping investigation are addressed in the ``Issues and
Decision Memorandum for the Antidumping Investigation of Polyvinyl
Alcohol from Taiwan'' (Decision Memorandum) from Gary Taverman, Acting
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Christian Marsh, Acting Deputy Assistant Secretary for
Import Administration, dated January 26, 2011, which is hereby adopted
by this notice. A list of the issues which parties have raised and to
which we have responded, all of which are in the Decision Memorandum,
is attached to this notice as an appendix. Parties can find a complete
discussion of all issues raised in this investigation and the
corresponding recommendations in the Decision Memorandum which is on
file in the CRU. In addition, a complete version of the Decision
Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of
the Decision Memorandum are identical in content.
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
the verifications, we have made certain changes to the margin
calculation for CCPC. For a discussion of these changes, see Memorandum
to the File entitled ``Final Determination of Sales at Less Than Fair
Value in the Antidumping Duty Investigation of Polyvinyl Alcohol from
Taiwan--Analysis Memorandum for Chang Chun Petrochemical Co., Ltd.,''
dated January 26, 2011.
Cost of Production
As explained in the Preliminary Determination (75 FR at 55556), we
conducted an investigation concerning sales at prices below the cost of
production in the home market. We found that, for certain specific
products, more than 20 percent of CCPC's home-market sales were at
prices less than the cost of production and, in addition, such sales
did not provide for the
[[Page 5563]]
recovery of costs within a reasonable period of time. Therefore, we
disregarded these sales and used the remaining sales as the basis for
determining normal value in accordance with section 773(b)(1) of the
Act. Based on this test, for this final determination we have
disregarded below-cost sales by CCPC.
Final Determination
The final antidumping duty margin is as follows:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/Exporter margin
(percent)
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Chang Chun Petrochemical Co., Ltd.......................... 3.08
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Continuation of Suspension of Liquidation
Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S.
Customs and Border Protection (CBP) to continue to suspend liquidation
of all entries of PVA from Taiwan which were entered, or withdrawn from
warehouse, for consumption on or after September 13, 2010, the date of
publication of the Preliminary Determination. Effective upon
publication of the final determination, we will instruct CBP to require
a cash deposit or the posting of a bond equal to the weighted-average
margins as follows: (1) The rate for CCPC will be 3.08 percent; (2) if
the exporter is not a firm identified in this investigation but the
producer is, the rate will be the rate established for the producer of
the subject merchandise; (3) the rate for all other producers or
exporters will be 3.08 percent, as discussed in the ``All-Others Rate''
section, below. These suspension-of-liquidation instructions will
remain in effect until further notice.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated excluding any zero or de
minimis margins and any margins determined entirely under section 776
of the Act. CCPC is the only respondent in this investigation for which
the Department has calculated a company-specific rate. Therefore, for
purposes of determining the all-others rate and pursuant to section
735(c)(5)(A) of the Act, we are using the weighted-average dumping
margin calculated for CCPC, 3.08 percent. See, e.g., Notice of Final
Determination of Sales at Less Than Fair Value: Stainless Steel Sheet
and Strip in Coils From Italy, 64 FR 30750, 30755 (June 8, 1999), and
Coated Free Sheet Paper from Indonesia: Notice of Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 72 FR 30753, 30757 (June 4, 2007) (unchanged in
Notice of Final Determination of Sales at Less Than Fair Value: Coated
Free Sheet Paper from Indonesia, 72 FR 60636 (October 25, 2007)).
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
ITC Notification
In accordance with section 735(d) of the Act, we have notified the
ITC of our final determination. As our final determination is
affirmative and in accordance with section 735(b)(2) of the Act, the
ITC will determine, within 45 days, whether the domestic industry in
the United States is materially injured, or threatened with material
injury, by reason of imports or sales (or the likelihood of sales) for
importation of the subject merchandise. If the ITC determines that such
injury does exist, the Department will issue an antidumping duty order
directing CBP to assess antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding APO
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely notification of the
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a sanctionable violation.
This determination is issued and published pursuant to sections
735(d) and 777(i)(1) of the Act.
Dated: January 26, 2011.
Christian Marsh,
Acting Deputy Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memorandum
1. Targeted Dumping
2. Product Characteristics
3. Date of Sale
4. Cost of Production
[FR Doc. 2011-2194 Filed 1-31-11; 8:45 am]
BILLING CODE 3510-DS-P