[Federal Register Volume 63, Number 115 (Tuesday, June 16, 1998)]
[Notices]
[Pages 32809-32810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15875]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-836]
Polyvinyl Alcohol From Japan: Notice of Amendment of Preliminary
Results of Changed Circumstances Antidumping Duty Review and Intent To
Revoke Order in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of amendment of preliminary results of changed
circumstances antidumping duty review and intent to revoke order in
part.
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SUMMARY: On April 30, 1998, the Department of Commerce (``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, the scope of which included polyvinyl
alcohol 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 (63 FR 23722, April 30, 1998). The Department has
determined that it should clarify its description of the type of
polyvinyl alcohol that is subject to the proposed revocation. In order
to accommodate this clarification, the Department is affording parties
an additional opportunity to comment (see Public Comment section
below).
EFFECTIVE DATE: June 16, 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's
regulations are to the regulations at 19 CFR Part 351 (62 FR 27296, May
19, 1997).
FOR FURTHER INFORMATION CONTACT: Brian Ledgerwood or Sunkyu Kim, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and
[[Page 32810]]
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-3836
or (202) 482-2613, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 14, 1996, the Department published in the Federal Register
(61 FR 24286) an antidumping duty order on polyvinyl alcohol (``PVA'')
from Japan. 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 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.
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 PVA from Japan. 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'' (63 FR 23722, April 30, 1998). 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 are amending our preliminary results
published on April 30, 1998, to clarify our description of the type of
PVA subject to the proposed revocation.
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 (``HTSUS''). Although the HTSUS subheading is provided for
convenience and customs purposes, our written description of the scope
is dispositive.
Amended Preliminary Results of Changed Circumstances Review and Intent
To Revoke Order in Part
Pursuant to section 751(d) of the Act, the Department may partially
revoke an antidumping duty order based on a review under section 751(b)
of the Act (i.e., a ``changed circumstances'' review). Section
751(b)(1) of the Act requires a changed circumstances review to be
conducted upon receipt of a request containing information concerning
changed circumstances sufficient to warrant a review.
Section 351.222(g) of the Department's regulations provides that
the Department will conduct a changed circumstances review under 19 CFR
351.216, and may revoke an order in whole (or in part) if it determines
that the producers accounting for substantially all of the production
of the domestic like product to which the order pertains have expressed
a lack of interest in the order, in whole or in part. The affirmative
statement of no interest by the petitioner covered 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. In the preliminary results issued on April 30, 1998
(63 FR 23722) we inadvertently excluded from our description of the
product subject to revocation, PVA ``for use in the manufacture of an
excipient.'' Therefore, we are hereby notifying the public of our
intent to revoke, in part, the antidumping duty order as it relates to
imports of 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.
Because of the error in the original description of the products
covered by this changed circumstances review, we are affording the
parties an additional opportunity to comment (see Public Comment
section below). Suspension of liquidation will be extended accordingly.
If final revocation, in part, occurs, we intend to instruct the
Customs Service to end, effective on the date of publication in the
Federal Register of the final notice of partial revocation, the
suspension of liquidation and to refund any estimated antidumping
duties collected for all unliquidated entries of the above-described
PVA not subject to final results of an administrative review. We will
also instruct the Customs Service to pay interest on such refunds in
accordance with section 778 of the Act. The current requirement for a
cash deposit of estimated antidumping duties will continue until
publication of the final results of this changed circumstances review.
Public Comment
Interested parties may submit case briefs and/or written comments
no later than 10 days after the date of publication of these results.
Rebuttal briefs and rebuttals to written comments, limited to issues
raised in such briefs or comments, may be filed no later than 17 days
after the date of publication of these amended preliminary results. The
Department will issue its final results no later than 45 days after it
has issued its amended preliminary results if all parties agree to our
preliminary results.
The preliminary results in this review and notice are in accordance
with section 751(b) of the Act (19 U.S.C. 1675(b)), and 19 CFR 351.216,
351.221, and 351.222.
Dated: June 6, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-15875 Filed 6-15-98; 8:45 am]
BILLING CODE 3510-DS-P