[Federal Register Volume 78, Number 121 (Monday, June 24, 2013)]
[Notices]
[Pages 37794-37795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14915]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-841]
Polyvinyl Alcohol from Taiwan: Final Results of Antidumping Duty
Administrative Review; 2010-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 8, 2013, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on polyvinyl alcohol (PVA) from Taiwan. For
these final results, we continue to find that Chang Chun Petrochemical
Co., Ltd. (CCPC) has not sold subject merchandise at less than normal
value.
DATES: Effective Date: June 24, 2013.
FOR FURTHER INFORMATION CONTACT: Sandra Dreisonstok or Minoo Hatten,
AD/CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0768 and (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 8, 2013, the Department published the preliminary results
of the administrative review of the antidumping duty order on PVA from
Taiwan.\1\ The period of review is September 13, 2010, through February
29, 2012.
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\1\ See Polyvinyl Alcohol From Taiwan: Preliminary Results of
Antidumping Duty Administrative Review, 78 FR 20890 (April 8, 2013)
(Preliminary Results) and the accompanying Preliminary Decision
Memorandum.
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We invited interested parties to comment on the Preliminary
Results. We received a case brief from CCPC on May 8, 2013, in which it
alleged one clerical error in the calculation. The petitioner, Sekisui
Specialty Chemicals, LLC, did not file a case or rebuttal brief.
The Department has conducted this administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
Scope of the Order
The merchandise covered by the antidumping duty order is PVA. This
[[Page 37795]]
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 order. 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 20 mm
cell, 10.0 maximum APHA units, haze index, 20 mm cell, 5.0, maximum.
The merchandise subject to the order 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 subject to the order is dispositive.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have corrected
the programming error in the weighted-average dumping margin
calculation in the Preliminary Results. This change, however, did not
affect the final weighted-average dumping margin for CCPC. A detailed
discussion of the corrections made is included in the final analysis
memorandum,\2\ which is hereby adopted by this notice and is on file
electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov, and is available to all parties in the Central
Records Unit, Room 7046 of the main Department of Commerce building.
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\2\ See Memorandum to the file from Sandra Dreisonstok through
Minoo Hatten entitled, ``Administrative Review of the Antidumping
Duty Order on Polyvinyl Alcohol from Taiwan: Final Analysis
Memorandum for Chang Chun Petrochemical Co., Ltd.; 2010-2012'' dated
concurrently with this notice.
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Final Results of Review
As a result of this review, we determine that a weighted-average
dumping margin of 0.00 percent exists for CCPC for the period September
13, 2010, through February 29, 2012.
Assessment Rates
In accordance with the Final Modification for Reviews,\3\ we will
instruct U.S. Customs and Border Protection (CBP) to liquidate CCPC's
entries covered in this review without regard to antidumping duties.
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\3\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification).
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The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise during the period of review produced by CCPC for which it
did not know its merchandise was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the country-specific all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction. For a full
discussion of this clarification, see Antidumping and Countervailing
Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6,
2003).
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of review.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of PVA from Taiwan entered, or withdrawn from warehouse,
for consumption on or after the date of publication as provided by
section 751(a)(2) of the Act: (1) The cash deposit rate for CCPC will
be 0.00 percent, the weighted-average dumping margin established in the
final results of this administrative review; (2) for merchandise
exported by manufacturers or exporters not covered in this review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recently completed segment of this proceeding; (3) if the exporter is
not a firm covered in this review or the original investigation but the
manufacturer is, the cash deposit rate will be the rate established for
the manufacturer of the merchandise for the most recently completed
segment of this proceeding; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 3.08 percent, the all-
others rate established in the Antidumping Duty Order: Polyvinyl
Alcohol From Taiwan, 76 FR 13982 (March 15, 2011). These cash deposit
requirements shall remain in effect until further notice.
Notifications
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
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(a)(3). Timely written
notification of the return or 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.
These final results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: June 17, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2013-14915 Filed 6-21-13; 8:45 am]
BILLING CODE 3510-DS-P