Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Notices 40099

amended final determination in this

matter.

Amended Final Determination

Pursuant to section 19 U.S.C.

1516A(e) of the Act, we are now

amending the amended final

determination on the antidumping duty

order on ferrosilicon from Brazil. As a

result of the remand redetermination,

the recalculated final weighted-average

margins are as follows:

Manufacturer/

producer/exporter

Customers ID

No.

Margin

percentage

CBCC ............... A–351–820–001 17.93

Minasligas ........ A–351–820–003 19.73

All Others ......... A–351–820–000 42.17

Assessment Instructions

On January 19, 1996, the Court

granted an injunction preventing

liquidation of entries made on or after

August 16, 1993, at the less-than-fairvalue (LTFV) or amended LTFV cash

deposit rates for CBCC, Minasligas, as

well as ‘‘all others’’ (except Italmagnesio

S.A. Industria e Comercia, which was

not covered by the injunction), and

required that any unreviewed entries be

liquidated at the rates determined in the

litigation. We will, therefore, instruct

Customs to liquidate unreviewed entries

of Minasligas, CBCC and ‘‘all others,’’

which were entered at the LTFV cash

deposit rates, at the rates listed above.

This determination is issued and

published in accordance with section

736(a)(1) of the Act and 19 CFR

353.20(a)(4)(1994).

Dated: July 17, 1998.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 98–20013 Filed 7–24–98; 8:45 am]

BILLING CODE 3510–DS–P

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.

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 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
40100 Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Notices

(‘‘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

DEPARTMENT OF COMMERCE

International Trade Administration

Cornell University; Notice of Decision

on Application for Duty-Free Entry of

Scientific Instrument

This decision is made pursuant to

Section 6(c) of the Educational,

Scientific, and Cultural Materials

Importation Act of 1966 (Pub. L. 89–

651, 80 Stat. 897; 15 CFR part 301).

Related records can be viewed between

8:30 AM and 5:00 PM in Room 4211,

U.S. Department of Commerce, 14th and

Constitution Avenue, NW, Washington,

DC.

Docket Number: 98–028. Applicant:

Cornell University, Ithaca, NY 14853–

1501. Instrument: Electron Microprobe,

Model JXA–8900R. Manufacturer:

Narishige Scientific, Japan. Intended

Use: See notice at 63 FR 31737, June 10,

1998.

Comments: None received. Decision:

Approved. No instrument of equivalent

scientific value to the foreign

instrument, for such purposes as it is

intended to be used, is being

manufactured in the United States.

Reasons: The foreign instrument

provides characterization of elemental

composition and structure in surfaces

with resolution down to 1 μm. The

National Institute of Standards and

Technology advised July 26, 1996 that

(1) this capability is pertinent to the

applicant’s intended purpose and (2) it

knows of no domestic instrument or

apparatus of equivalent scientific value

to the foreign instrument for the

applicant’s intended use (comparable

case).

We know of no other instrument or

apparatus of equivalent scientific value

to the foreign instrument which is being

manufactured in the United States.

Frank W. Creel,

Director, Statutory Import Programs Staff.

[FR Doc. 98–19904 Filed 7–24–98; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

Rutgers-The State University of New

Jersey; Notice of Decision on

Application for Duty-Free Entry of

Scientific Instrument

This is a decision pursuant to Section

6(c) of the Educational, Scientific and

Cultural Materials Importation Act of

1966 (Pub. L. 89–651, 80 Stat. 897; 15

CFR part 301). Related records can be

viewed between 8:30 AM and 5:00 PM

in Room 4211, U.S. Department of

Commerce, 14th and Constitution

Avenue, NW, Washington, DC.

Decision: Denied. Applicant has failed

to establish that domestic instruments of

equivalent scientific value to the foreign

instrument for the intended purposes

are not available.

Reasons: Section 301.5(e)(4) of the

regulations requires the denial of

applications that have been denied

without prejudice to resubmission if

they are not resubmitted within the

specified time period. This is the case

for the following docket.

Docket Number: 97–101. Applicant:

Rutgers-The State University of New

Jersey, Piscataway, NJ 08855.

Instrument: Automated Thermal

Conductivity and Specific Heat System,

Model EMT 101. Manufacturer: Termis

Ltd., C.I.S. Date of Denial Without

Prejudice to Resubmission: April 28,

1998.

Frank W. Creel,

Director, Statutory Import Programs Staff.

[FR Doc. 98–20014 Filed 7–24–98; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

University of California, Berkeley;

Notice of Decision on Application for

Duty-Free Entry of Scientific

Instrument

This decision is made pursuant to

Section 6(c) of the Educational,

Scientific, and Cultural Materials

Importation Act of 1966 (Pub. L. 89–

651, 80 Stat. 897; 15 CFR part 301).

Related records can be viewed between

8:30 A.M. and 5:00 P.M. in Room 4211,

U.S. Department of Commerce, 14th and

Constitution Avenue, N.W.,

Washington, D.C.

Docket Number: 98–025. Applicant:

University of California, Berkeley,

Berkeley, CA 94720. Instrument:

Electron Detector. Manufacturer:

Gammadata/Scienta AB, Sweden.