[Federal Register Volume 63, Number 143 (Monday, July 27, 1998)]
[Notices]
[Pages 40099-40100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20012]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-836]
Polyvinyl Alcohol From Japan: Final Results of Changed
Circumstances Antidumping Duty Review, and Revocation in Part of
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of changed circumstances antidumping
duty review, and revocation in part of antidumping duty order.
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SUMMARY: On April 30, 1998, the Department published a notice of
initiation of a changed circumstances antidumping duty review and
preliminary results of the review with intent to revoke, in part, the
antidumping duty order on polyvinyl alcohol from Japan. On June 16,
1998, the Department published a notice amending the preliminary
results of the changed circumstances antidumping duty review, the scope
of which included polyvinyl alcohol 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. We are now
revoking this order in part, with regard to polyvinyl alcohol from
Japan 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, based on the fact that domestic parties have
expressed no further interest in the relief provided by the order with
respect to the importation or sale of polyvinyl alcohol for use in the
manner prescribed above.
EFFECTIVE DATE: July 27, 1998.
The Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (``the Act''), are references to the provisions
effective January 1, 1995, the effective date of the amendments made to
the Act by the Uruguay Round Agreements Act (``URAA''). In addition,
unless otherwise indicated, all citations to the Department of
Commerce's (``the Department'') regulations are to the regulations at
19 CFR Part 351, 62 FR 27296 (May 19, 1997).
FOR FURTHER INFORMATION CONTACT: Brian Smith or Brian Ledgerwood,
Office of AD/CVD Enforcement, Office 5, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, DC 20230; telephone
(202) 482-1766 or (202) 482-3836, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 12, 1998, Colorcon, Inc. (``Colorcon'') requested that the
Department conduct a changed circumstances review and revoke, in part,
the antidumping duty order with respect to polyvinyl alcohol (``PVA'')
from Japan 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. Colorcon included in its
request a statement from the petitioner dated October 30, 1997,
expressing (i) no objection to a changed circumstances review, and (ii)
no further interest in maintaining the antidumping duty order with
respect to PVA imported from Japan for use in the manner described
above.
We preliminarily determined that the petitioner's affirmative
statement of no interest constituted changed circumstances sufficient
to warrant a review and partial revocation of this order. Consequently,
on April 30, 1998, the Department published a notice of initiation and
preliminary results of changed circumstances antidumping duty review
with an intent to revoke this order in part (63 FR 23722). In that
notice, we stated that we intend to revoke in part, the antidumping
duty order as it relates to ``imports of PVA for use as a
pharmaceutical excipient or for use in the manufacture of film coating
systems which are components of a drug or dietary supplement.''
Subsequently, it came to the Department's attention that our
description of the type of PVA subject to the proposed revocation did
not accurately reflect the description contained in the petitioner's
expression of no further interest. In particular, the Department's
description of the product subject to revocation did not include PVA
``for use in the manufacture of an excipient.'' As a result, we amended
our preliminary results published on April 30, 1998, to clarify our
description of the type of PVA subject to the proposed revocation. On
June 16, 1998, the Department published a notice amending the
preliminary results of the changed circumstances antidumping duty
review with an intent to revoke the order in part (63 FR 32809). We
gave interested parties an opportunity to comment on the amended
preliminary results of this changed circumstances review. We received
no comments.
Scope of Review
The product covered by this review is PVA. PVA is a dry, white to
cream-colored, water-soluble synthetic polymer. Excluded from this
review are PVAs covalently bonded with acetoacetylate, carboxylic acid,
or sulfonic acid uniformly present on all polymer chains in a
concentration equal to or greater than two mole percent, and PVAs
covalently bonded with silane uniformly present on all polymer chains
in a concentration equal to or greater than one-tenth of one mole
percent. PVA in fiber form is not included in the scope of this review.
The merchandise under review is currently classifiable under
subheading 3905.30.00 of the Harmonized Tariff Schedule of the United
States
[[Page 40100]]
(``HTSUS''). Although the HTSUS subheading is provided for convenience
and customs purposes, our written description of the scope is
dispositive.
Final Results of Review; Partial Revocation of Antidumping Duty
Order
The affirmative statement of no interest by the petitioner in PVA
from Japan 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, constitutes changed
circumstances sufficient to warrant partial revocation of this order.
Therefore, the Department is partially revoking the order on PVA from
Japan for use in the manner prescribed above, in accordance with
sections 751 (b) and (d) and 782(h) of the Act and 19 CFR
351.222(g)(i). This partial revocation applies to all entries of the
subject merchandise entered or withdrawn from the warehouse for
consumption on or after May 1, 1998.
The Department will instruct the Customs Service (``Customs'') to
proceed with liquidation, without regard to antidumping duties, of all
unliquidated entries of PVA from Japan 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 entered, or
withdrawn from the warehouse, for consumption on or after May 1, 1998.
The Department will further instruct Customs to refund with interest
any estimated duties collected with respect to unliquidated entries of
PVA from Japan for use in the manner prescribed above, or withdrawn
from warehouse, for consumption on or after the publication date of the
final results of this changed circumstances review, in accordance with
Section 778 of the Act.
This notice also serves as a final reminder to parties subject to
administrative protection orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 353.34(d)(1997). Timely written
notification of the return/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and terms of an APO is a sanctionable violation.
This changed circumstances review, partial revocation of the
antidumping duty order, and notice are in accordance with sections 751
(b) and (d) and 782(h) of the Act and sections 351.216, 351.221(c)(3),
and 351.222(g) of the Department's regulations.
Dated: July 20, 1998.
Joseph A. Spetrini,
Assistant Secretary for Import Administration.
[FR Doc. 98-20012 Filed 7-24-98; 8:45 am]
BILLING CODE 3510-DS-P
