[Federal Register Volume 79, Number 18 (Tuesday, January 28, 2014)]
[Notices]
[Pages 4442-4443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01574]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-841]


Polyvinyl Alcohol From Taiwan: Notice of Court Decision Not in 
Harmony With Final Determination of Sales at Less Than Fair Value and 
Revocation of Antidumping Duty Order

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.
SUMMARY: On December 18, 2013, the United States Court of International 
Trade (the Court or CIT) sustained the Department of Commerce's (the 
Department) final results of the remand redetermination relating to the 
less than fair value investigation of polyvinyl alcohol (PVA) from 
Taiwan, in Chang Chun Petrochemical Co. Ltd. v. United States, Court 
No. 11-00095, Slip. Op. 13-151 (CIT 2013). Consistent with the decision 
of the United States Court of Appeals for the Federal Circuit (CAFC) in 
Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), as 
clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades), the Department is 
notifying the public that the final CIT judgment in this case is not in 
harmony with the Department's Final Determination and is amending its 
Final Determination in the investigation of PVA from Taiwan covering 
the period of investigation (POI) of July 1, 2003, through June 30, 
2004, with respect to the weighted-average dumping margin assigned to 
Chang Chun Petrochemical Co. Ltd. (CCPC).\1\
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    \1\ See Polyvinyl Alcohol from Taiwan: Final Determination of 
Sales at Less Than Fair Value, 76 FR 5562 (February 1, 2011) (Final 
Determination).

DATES: Effective December 30, 2013.\2\
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    \2\ December 28, 2013, ten days after the Court's opinion was 
issued, falls on a Saturday. Therefore, the effective date is 
Monday, December 30, 2013. See Notice of Clarification: Application 
of ``Next Business Day'' Rule for Administrative Determination 
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 
24533 (May 10, 2005).

FOR FURTHER INFORMATION CONTACT: Sandra Dreisonstok, Office I, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
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0768.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2011, the Department published the Final 
Determination.\3\ On March 15, 2011, the Department published the 
antidumping duty order on PVA from Taiwan in the Federal Register.\4\ 
Following a challenge by respondent CCPC, the CIT remanded the Final 
Determination to the Department for further consideration on April 10, 
2013.\5\ The CIT sustained the Department's remand redetermination in 
which the Department found that the only mandatory respondent did not 
make sales at less than fair value in Chang Chun Petrochemical Co. Ltd. 
v. United States, Court No. 11-00095, Slip. Op. 13-151 (CIT 2013).
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    \3\ See Final Determination.
    \4\ See Antidumping Duty Order: Polyvinyl Alcohol From Taiwan, 
76 FR 13982 (March 15, 2011) (Order).
    \5\ Chang Chun Petrochemical Co. Ltd. v. United States, Consol. 
Court No 11-00095, Slip Op. 13-49 (Apr. 10, 2013).
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    Because there is now a final court decision in this case, the 
Department is amending its Final Determination with respect to CCPC's 
weighted-average dumping margin for the POI. The revised weighted-
average dumping margin for CCPC is 0.00 percent.

Revocation of the Order

    Pursuant to the Court of Appeals for the Federal Circuit's (Federal 
Circuit's) decision in Diamond Sawblades and the CIT's decision 
affirming the Department's remand redetermination, the Department is 
revoking the antidumping duty order on PVA from Taiwan because the 
revised weighted-average dumping margin for CCPC, the only mandatory 
respondent in the investigation, is now zero. As a result of this 
revocation, the Department will not

[[Page 4443]]

initiate any new administrative reviews of this Order.\6\
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    \6\ Currently there are no unfinished or ongoing administrative 
reviews of this order.
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Notification to Interested Parties

    This notice 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(a)(3). Timely written 
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 the APO is a sanctionable violation.

Timken Notice

    In its decision in Timken, 893 F.2d at 341, the Federal Circuit 
held that, pursuant to section 516A(c)(1) 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. The CIT's December 18, 2013, judgment in this case sustaining 
the Department's Remand Redetermination constitutes a final decision of 
that court that is not in harmony with the Department's Final 
Determination. This notice is published in fulfillment of the 
publication requirements of Timken.
    Accordingly, the Department intends to issue instructions to U.S. 
Customs and Border Protection to suspend liquidation of all 
unliquidated entries of subject merchandise from Taiwan which are 
entered, or withdrawn from warehouse, for consumption on or after 
December 30, 2013. The company-specific cash deposit rate will be zero 
percent. Pursuant to Timken, Diamond Sawblades, and Hosiden Corporation 
v. United States, 861 F. Supp. 115 (Fed. Cir. 1994), the suspension of 
liquidation on all entries of PVA from Taiwan entered, or withdrawn 
from warehouse, for consumption on or after December 30, 2013, that 
remain unliquidated will continue until there is a ``final and 
conclusive'' court decision.
    This notice is issued and published in accordance with sections 
516A(e)(l) of the Act.

    Dated: January 17, 2014.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2014-01574 Filed 1-27-14; 8:45 am]
BILLING CODE 3510-DS-P