23722 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

will be the rate established in the final

results of this review, except if the rate

is less than 0.5 percent and therefore de

minimis, the cash deposit will be zero;

(2) for previously reviewed or

investigated companies not listed above,

the cash deposit rate will continue to be

the company-specific rate published for

the most recent period; (3) if the

exporter is not a firm covered in this

review, or the original less-than-fairvalue (LTFV) investigation, but the

manufacturer is, the cash deposit rate

will be the rate established for the most

recent period for the manufacturer of

the merchandise; and (4) if neither the

exporter nor the manufacturer is a firm

covered in this review, the cash deposit

rate will be 32.98 percent. This is the

‘‘All Others’’ rate from the LTFV

investigation. (See Antidumping Duty

Order; Acetylsalicylic Acid from Turkey,

52 FR 32030 (August 25, 1987).) These

deposit rates, when imposed, shall

remain in effect until publication of the

final results of the next administrative

review.

This notice also serves as a

preliminary reminder to importers of

their responsibility under § 351.402(f)(2)

of the Department’s regulations 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 double antidumping

duties.

This administrative review and notice

are in accordance with section 751(a)(1)

of the Act and § 351.213 of the

Department’s regulations.

Dated: April 22, 1998.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 98–11434 Filed 4–29–98; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–588–836]

Polyvinyl Alcohol From Japan: Notice

of Initiation and 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 initiation and

preliminary results of changed

circumstances antidumping duty

review, and intent to revoke order in

part.

SUMMARY: In response to a request made

on March 12, 1998, by Colorcon, Inc.,

the Department of Commerce is

initiating a changed circumstances

antidumping duty review and issuing a

preliminary intent to revoke in part the

antidumping duty order on polyvinyl

alcohol from Japan, the scope of which

currently includes 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. Air Products and

Chemicals, Inc., the petitioner in this

case, has expressed no further interest

in the relief provided by the

antidumping duty order with respect to

polyvinyl alcohol imported from Japan

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.

Accordingly we intend to partially

revoke this order.

EFFECTIVE DATE: April 30, 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’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

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 which is

used as a pharmaceutical excipient or

for use 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.

Scope of Review

The product covered by this review is

PVA. PVA is a dry, white to creamcolored, 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.

Initiation and 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 administrative

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. In addition,

in the event that the Department

concludes that expedited action is

warranted, section 351.221(c)(3)(ii) of

the regulations permits the Department

to combine the notices of initiation and

preliminary results. Therefore, in

accordance with sections 751(b) of the

Act and 19 CFR 351.216, 351.221, and
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 23723

351.222, based on an affirmative

statement of no interest by the petitioner

in continuing the order with respect to

PVA imported from Japan 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, we are initiating

this changed circumstances

administrative review. Based on the fact

that no other interested parties have

objected to the position taken by the

petitioner, we have determined that

expedited action is warranted, and we

are combining these notices of initiation

and preliminary results. We have

preliminarily determined that there are

changed circumstances sufficient to

warrant partial revocation of the

antidumping duty order on PVA from

Japan. 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 as a pharmaceutical excipient or for

use in the manufacture of film coating

systems which are components of a drug

or dietary supplement.

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 30 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 37 days after the date of

publication of these results. The

Department will issue the final results

of this changed circumstances review,

which will include the results of its

analysis raised in any such written

comments, no later than 270 days after

the date on which this review was

initiated, or within 45 days if all parties

agree to our preliminary results.

This initiation of 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: April 22, 1998.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 98–11529 Filed 4–29–98; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[C–122–404]

Live Swine From Canada; Preliminary

Results of Countervailing Duty

Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of preliminary results of

countervailing duty administrative

review.

SUMMARY: The Department of Commerce

(the Department) is conducting an

administrative review of the

countervailing duty order on live swine

from Canada for the period April 1,

1996 through March 31, 1997. For

information on the net subsidy for all

producers covered by this order, see the

Preliminary Results of Review section of

this notice. If the final results remain

the same as these preliminary results of

administrative review, we will instruct

the U.S. Customs Service to assess

countervailing duties as detailed in the

Preliminary Results of Review section of

this notice. Interested parties are invited

to comment on these preliminary

results. See Public Comment section of

this notice.

EFFECTIVE DATE: April 30, 1998.

FOR FURTHER INFORMATION CONTACT:

Gayle Longest or Lorenza Olivas, Office

CVD/AD Enforcement VI, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW., Washington, DC 20230;

telephone: (202) 482–2786.

SUPPLEMENTARY INFORMATION:

Background

On August 15, 1985, the Department

published in the Federal Register (50

FR 32880) the countervailing duty order

on live swine from Canada. On August

4, 1997, the Department published a

notice of ‘‘Opportunity to Request

Administrative Review’’ (62 FR 41925)

of this countervailing duty order. We

received timely requests for review and

on September 25, 1997, we initiated the

review, covering the period April 1,

1996 through March 31, 1997 (62 FR

50292).

The Department has determined that

it is not practicable to conduct a

company-specific review of this order

because a large number of producers

and exporters requested the review.

Therefore, pursuant to section

777A(e)(2)(B) of the Tariff Act of 1930,

as amended (the Act), we are

conducting a review of all producers

and exporters of subject merchandise

covered by this order on the basis of

aggregate data. This review covers 27

programs.

Applicable Statute and Regulations

Unless otherwise indicated, all

citations to the statute are references to

the provisions of the Tariff Act of 1930,

as amended by the Uruguay Round

Agreements Act (URAA) effective

January 1, 1995 (the Act). In addition,

unless otherwise indicated, all citations

to the Department’s regulations are to

the regulations codified at 19 CFR

section 351, published in the Federal

Register at 62 FR 27296 (May 19, 1997).

The Department is conducting this

administrative review in accordance

with section 751(a) of the Act.

Scope of the Review

The merchandise covered by this

order is live swine, except U.S.

Department of Agriculture (USDA)

certified purebred breeding swine,

slaughter sows and boars, and

weanlings, (weanlings are swine

weighing up to 27 kilograms or 59.5

pounds) from Canada. The merchandise

subject to the order is classifiable under

the Harmonized Tariff Schedule (HTS)

item numbers 0103.91.00 and

0103.92.00. The HTS item numbers are

provided for convenience and U.S.

Customs Service (Customs) purposes.

The written description of the scope

remains dispositive.

Analysis of Programs

Allocation Methodology

In the past, the Department has relied

on information from the U.S. Internal

Revenue Service (IRS) on the industryspecific average useful life of assets in

determining the allocation period for

nonrecurring grant benefits. See General

Issues Appendix appended to Final

Countervailing Duty Determination;

Certain Steel Products from Austria, 58

FR 37063, 37226 (July 9, 1993).

However, in British Steel plc. v. United

States, 879 F. Supp. 1254 (CIT 1995)

(British Steel), the U.S. Court of

International Trade (the Court) ruled

against this allocation methodology. In

accordance with the Court’s remand

order, the Department calculated a

company-specific allocation period for