[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Notices]
[Pages 13982-13983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6004]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-841]


Antidumping Duty Order: Polyvinyl Alcohol From Taiwan

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC), 
the Department is issuing an antidumping duty order on polyvinyl 
alcohol (PVA) from Taiwan.

DATES:  Effective Date: March 15, 2011.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer at (202) 482-0410, AD/
CVD Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2011, the Department published its affirmative final 
determination of sales at less than fair value in the antidumping duty 
investigation of PVA from Taiwan. See Polyvinyl Alcohol From Taiwan: 
Final Determination of Sales at Less Than Fair Value, 76 FR 5562 
(February 1, 2011).
    On March 9, 2011, the ITC notified the Department of its final 
determination, pursuant to section 735(d) of the Tariff Act of 1930, as 
amended (the Act), that an industry in the United States is materially 
injured by reason of less-than-fair-value imports of PVA from Taiwan 
within the meaning of section 735(b)(1)(A)(i) of the Act. See Polyvinyl 
Alcohol from Taiwan (Investigation No. 731-TA-1088 (Final), USITC 
Publication 4218, March 2011).

Scope of the Order

    The merchandise covered by this antidumping duty order 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. 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 20mm cell, 10.0 maximum APHA 
units, haze index, 20mm cell, 5.0, maximum. The merchandise subject to 
this 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 this order is 
dispositive.

Provisional Measures

    Section 733(d) of the Act states that suspension-of-liquidation 
instructions issued pursuant to an affirmative preliminary 
determination may not remain in effect for more than four months except 
where exporters representing a significant proportion of exports of the 
subject merchandise request the Department to extend that four-month 
period to no more than six months. At the request of the exporter that 
accounted for a significant proportion of exports of the subject 
merchandise in the investigations of PVA from Taiwan, we extended the 
four-month period to no more than six months. See Polyvinyl Alcohol 
From Taiwan: Preliminary Determination of Sales at Less Than Fair Value 
and Postponement of Final Determination, 75 FR 55552 (September 13, 
2010) (Preliminary Results).
    In the investigation, the six-month period beginning on the date of 
the publication of the preliminary determination (i.e., September 13, 
2010) will end on March 12, 2011. Furthermore, section 737 of the Act 
states that definitive duties are to begin on the date of publication 
of the ITC's final injury determination. Therefore, in accordance with 
section 733(d) of the Act, we will instruct U.S. Customs and Border 
Protection (CBP) to terminate the suspension of liquidation and to 
liquidate, without regard to antidumping duties, unliquidated entries 
of PVA from Taiwan entered, or withdrawn from warehouse, for 
consumption after March 12, 2011, through the day preceding the date of 
publication of the ITC's final injury determination in the Federal 
Register. Suspension of liquidation will resume for entries entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the ITC's final

[[Page 13983]]

injury determination in the Federal Register.

Antidumping Duty Order

    On March 9, 2011, in accordance with section 735(d) of the Act, the 
ITC notified the Department of its final determination that an industry 
in the United States is materially injured within the meaning of 
section 735(b)(1)(A)(i) of the Act by reason of less-than-fair-value 
imports of PVA from Taiwan.
    In accordance with section 736(a)(1) of the Act, the Department 
will direct CBP to assess, upon further instruction by the Department, 
antidumping duties equal to the amount by which the normal value of the 
merchandise exceeds U.S. price of the merchandise for all relevant 
entries of PVA from Taiwan. These antidumping duties will be assessed 
on all unliquidated entries of PVA from Taiwan entered, or withdrawn 
from warehouse, for consumption on or after September 13, 2010, the 
date on which the Department published its notice of preliminary 
determination in the Federal Register, excluding those entries entered, 
or withdrawn from warehouse, for consumption between March 13, 2011 
(the day following the end of the provisional-measures period), and the 
day preceding the publication date of the ITC's final injury 
determination in the Federal Register. See Preliminary Results, 75 FR 
at 55552.
    Effective on the date of publication of the ITC's notice of final 
determination in the Federal Register, CBP will require, pursuant to 
section 736(a)(3) of the Act and at the same time as importers would 
normally deposit estimated duties on subject merchandise, a cash 
deposit equal to the estimated weighted-average antidumping margins 
listed below. Upon further instruction by the Department and in 
accordance with section 736(a)(1) of the Act, the Department will 
instruct CBP to assess antidumping duties equal to the amount by which 
the normal value of the merchandise exceeds U.S. price of the 
merchandise for all relevant entries of PVA from Taiwan. These 
antidumping duties will be assessed on all unliquidated entries of PVA 
entered from Taiwan, or withdrawn from warehouse, for consumption on or 
after the date of publication of the ITC's notice of final 
determination in the Federal Register.

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                                                              Weighted-
                    Producer or exporter                       average
                                                                margin
------------------------------------------------------------------------
Chang Chun Petrochemical Co., Ltd..........................         3.08
All Others.................................................         3.08
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
PVA from Taiwan pursuant to section 736(a) of the Act. Interested 
parties may contact the Central Records Unit of the main Department of 
Commerce building, Room 7046, for copies of an updated list of 
antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: March 9, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-6004 Filed 3-14-11; 8:45 am]
BILLING CODE 3510-DS-P