[Federal Register Volume 60, Number 194 (Friday, October 6, 1995)]
[Notices]
[Pages 52370-52371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24928]
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DEPARTMENT OF COMMERCE
[A-412-817]
Initiation of Antidumping Duty Investigation: Foam Extruded PVC
and Polystyrene Framing Stock From the United Kingdom
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
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EFFECTIVE DATE: October 6, 1995.
FOR FURTHER INFORMATION CONTACT: Ellen Grebasch at (202) 482-3773,
Dorothy Tomaszewski at (202) 482-0631 or Erik Warga at (202) 482-0922,
Office of Antidumping Investigations, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, N.W., Washington, DC 20230.
INITIATION OF INVESTIGATIONS:
The Applicable Statute
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (the Act) by the
Uruguay Round Agreements Act (URAA).
[[Page 52371]]
The Petition
On September 8, 1995, the Department of Commerce (the Department)
received a petition filed in proper form by Marley Mouldings, Inc. (the
petitioner), a producer of foam extruded polyvinyl chloride (PVC) and
polystyrene framing stock. A supplement to the petition was filed on
September 22, 1995.
In accordance with section 732(b) of the Act, the petitioner
alleges that imports of foam extruded PVC and polystyrene framing stock
from the United Kingdom are being, or are likely to be, sold in the
United States at less than fair value within the meaning of section 731
of the Act, and that such imports are materially injuring, or
threatening material injury to, a U.S. industry.
The petitioner states that they have standing to file the petition
because they are interested parties, as defined under section 771(9)(C)
of the Act.
Determination of Industry Support for the Petition
Section 732(c)(4)(A) of the Act requires the Department to
determine, prior to the initiation of an investigation, that a minimum
percentage of the domestic industry supports an antidumping petition. A
petition meets these minimum requirements if (1) the domestic producers
or workers who support the petition account for at least 25 percent of
the total production of the domestic like product; and (2) the domestic
producers or workers who support the petition account for more than 50
percent of the production of the domestic like product produced by that
portion of the industry expressing support for, or opposition to, the
petition.
A review of the production data provided in the petition and other
information readily available to the Department indicates that the
petitioner accounts for more than 25 percent of the total production of
the domestic like product and for more than 50 percent of that produced
by companies expressing support for, or opposition to, the petition.
The Department received no expressions of opposition to the petition
from any interested party. Accordingly, the Department determines that
the petition is supported by the domestic industry.
Scope of the Investigations
For purposes of these investigations, all extruded PVC and
polystyrene framing stock regardless of color, finish, width or length.
Finished frames assembled from foam extruded PVC and polystyrene
framing stock are excluded. The merchandise under investigation is
currently classifiable under HTS subheadings 3924.90.20.00;
3926.90.90.90; 3926.90.95.90; and 3926.90.98.90. Although the HTSUS
subheadings are provided for convenience and customs purposes, our
written description of the scope of these investigations is
dispositive.
Export Price and Normal Value
Export price was based on a price list from a U.K. producer with
the terms of sale on delivered basis. The petitioner made adjustments
to the export prices for foreign inland freight, handling, ocean
freight, marine insurance, U.S. brokerage, U.S. duties, and U.S. inland
freight.
Normal value was based on the same price list, also with the terms
of sale on a delivered basis. The petitioner made adjustments to the
normal value for foreign inland freight.
Based on comparisons of export price to normal value, the
calculated dumping margins for foam extruded PVC and polystyrene
framing stock from the United Kingdom range from 20.82 percent to 48.96
percent.
Fair Value Comparisons
Based on the data provided by the petitioner, there is reason to
believe that imports of foam extruded PVC and polystyrene framing stock
from the United Kingdom are being, or likely to be, sold at less than
fair value.
Initiation of Investigations
We have examined the petition on foam extruded PVC and polystyrene
framing stock and have found that it meets the requirements of section
732 of the Act, including the requirements concerning allegations of
the material injury or threat of material injury to the domestic
producers of a domestic like product by reason of the complained-of
imports, allegedly sold at less than fair value. Therefore, we are
initiating an antidumping duty investigation to determine whether
imports of foam extruded PVC and polystyrene framing stock from the
United Kingdom are being, or are likely to be, sold in the United
States at less than fair value. Unless extended, we will make our
preliminary determination by February 15, 1996.
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act, copies of the
public versions of the petition have been provided to the
representatives of the government of the United Kingdom. We will
attempt to provide copies of the public versions of the petition to all
the exporters named in the petition.
International Trade Commission (ITC) Notification
We have notified the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determination by the ITC
The ITC will determine by October 23, 1995, whether there is a
reasonable indication that imports of foam extruded PVC and polystyrene
framing stock from the United Kingdom are causing material injury, or
threatening to cause material injury, to a U.S. industry. A negative
ITC determination will result in the investigation being terminated;
otherwise, the investigation will proceed according to statutory and
regulatory time limits.
This notice is published pursuant to section 732(c)(2) of the Act.
Dated: September 28, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-24928 Filed 10-5-95; 8:45 am]
BILLING CODE 3510-DS-P
