[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Notices]
[Pages 30208-30210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12788]


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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 on 
Japan and the People's Republic of China, Revocation of the Antidumping 
Order on the Republic of Korea

AGENCY: Enforcement and Compliance, 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) 
in their five year (sunset) reviews that revocation of the antidumping 
duty (AD) orders on polyvinyl alcohol (PVA) from Japan and the People's 
Republic of China (PRC) would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, the Department is publishing a notice of continuation of the AD 
orders on PVA from Japan and the PRC. In addition, as a result of the 
ITC's determination that revocation of the AD order on PVA from the 
Republic of Korea (Korea) is not likely to lead to continuation or 
recurrence of material injury to an industry in the United States, the 
Department is revoking the AD order on PVA from Korea.

DATES: Effective Date: Korea Revocation: April 13, 2014; Japan and PRC 
Continuation: May 27, 2015.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4682.

SUPPLEMENTARY INFORMATION:

Background

    On July 2, 2003, the Department published the AD order on PVA from 
Japan, and on October 1, 2003, the Department published the AD orders 
on PVA from Korea and the PRC.\1\
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    \1\ See Antidumping Duty Order: Polyvinyl Alcohol from Japan, 68 
FR 39518 (July 2, 2003); Antidumping Duty Order: Polyvinyl Alcohol 
from the Republic of Korea, 68 FR 56621 (October 1, 2003); 
Antidumping Duty Order: Polyvinyl Alcohol from the People's Republic 
of China, 68 FR 56620 (October 1, 2003) and corresponding 
correction, Antidumping Duty Order: Polyvinyl Alcohol From the 
People's Republic of China, 68 FR 58169 (October 8, 2003).

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[[Page 30209]]

    On March 3, 2014, the Department initiated \2\ and the ITC 
instituted \3\ five-year (``sunset'') reviews of the AD orders on PVA 
from Japan, Korea, and the PRC pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act). As a result of its reviews, the 
Department determined that revocation of the AD orders on PVA from 
Japan, Korea, and the PRC would likely lead to a continuation or 
recurrence of dumping, and notified the ITC of the magnitude of the 
margins of dumping likely to prevail were the orders revoked.\4\
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    \2\ See Initiation of Five-Year (``Sunset'') Reviews, 79 FR 
11762 (March 3, 2014) (Notice of Initiation).
    \3\ See Polyvinyl Alcohol From China, Japan, and Korea; 
Institution of Five-Year Reviews Concerning the Antidumping Duty 
Orders on China, Japan, and Korea, 79 FR 11821 (March 3, 2014).
    \4\ 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, 79 FR 38278 (July 7, 
2014).
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    On May 18, 2015, the ITC published its determinations, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the AD orders 
on PVA from Japan and the PRC would likely lead to a continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time, but that revocation of the AD 
order on PVA from Korea would not be likely to lead to the continuation 
or recurrence of material injury within a reasonably foreseeable 
time.\5\
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    \5\ See Polyvinyl Alcohol from China, Japan, and Korea; 
Determinations, 80 FR 28300 (May 18, 2015).
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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.

Continuation of the AD Orders on PVA From Japan and the PRC

    As a result of the determinations by the Department and the ITC 
that revocation of the AD orders on PVA from Japan and the PRC would 
likely lead to a continuation or recurrence of dumping, and of 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 AD orders on PVA from Japan and the PRC. U.S. Customs and Border 
Protection (CBP) will continue to collect AD cash deposits at the rates 
in effect at the time of entry for all imports of subject merchandise. 
The effective date of the continuation of the orders will be the date 
of publication in the Federal Register of this notice of continuation. 
Pursuant to section 751(c)(2) of the Act, the Department intends to 
initiate the next five-year review of these orders not later than 30 
days prior to the fifth anniversary of the effective date of 
continuation.

Revocation of the AD Order on PVA From Korea

    As a result of the determination by the ITC that revocation of the 
AD order on PVA from Korea would not be likely to lead to continuation 
or recurrence of material injury to an industry in the United States, 
pursuant to section 751(d)(2) of the Act, the Department is revoking 
the AD order on PVA from Korea. Pursuant to section 751(d)(2) of the 
Act and 19 CFR 351.222(i)(2)(i), the effective date of revocation is 
April 13, 2014 (i.e., the fifth anniversary of the date of publication 
in the Federal Register of the previous continuation of these 
orders).\6\
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    \6\ See Polyvinyl Alcohol from Japan, the Republic of Korea and 
the People's Republic of China: Continuation of Antidumping Duty 
Orders, 74 FR 16834 (April 13, 2009). See, e.g., Carbon and Certain 
Alloy Steel Wire Rod From Ukraine: Revocation of Antidumping Duty 
Order, 79 FR 38009, 38010 (July 3, 2014).
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Cash Deposits and Assessment of Duties for PVA From Korea

    The Department will notify CBP, 15 days after publication of this 
notice, to terminate the suspension of liquidation and to discontinue 
the collection of cash deposits on entries of the subject merchandise 
from Korea, entered or withdrawn from warehouse, on or after April 13, 
2014. The Department will further instruct CBP to refund with interest 
all cash deposits on entries made on or after April 13, 2014. Entries 
of subject merchandise prior to the effective date of revocation will 
continue to be subject to suspension of liquidation and AD deposit 
requirements and assessments. The Department will complete any pending 
or requested administrative reviews of this order covering entries 
prior to April 13, 2014.

[[Page 30210]]

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.
    These five-year (sunset) reviews and notice are in accordance with 
sections 751(c) and (d)(2), and 777(i) the Act, and 19 CFR 
351.218(f)(4).

    Dated: May 19, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-12788 Filed 5-26-15; 8:45 am]
 BILLING CODE 3510-DS-P