57594 Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 

of the Issues and Decision Memo are 

identical in content. 

Continuation of Suspension of 

Liquidation 

In accordance with section 733(d) of 

the Act, the Department will continue to 

direct CBP to suspend liquidation and 

to require a cash deposit of estimated 

duties, at the PRC-wide rate of 112.64 

percent, on all unliquidated entries of 

certain tissue paper products produced 

by Quijiang that were entered, or 

withdrawn from warehouse, for 

consumption, from on or after 

September 5, 2006, the date of initiation 

of the circumvention inquiry, with the 

exception described below. 

For all entries of Quijiang’s tissue 

paper products for which the U.S. 

importer submits a certification from 

Quijiang that the merchandise is nonsubject, (i.e., of Vietnamese-origin and 

not produced using PRC-origin jumbo 

rolls), the Department will continue to 

direct CBP to liquidate those entries 

without regard to antidumping duties. 

For further discussion of this issue, 

please see Comment 2 of the Issues and 

Decision Memo. The Department will 

not request that CBP suspend 

liquidation, or require a cash deposit of 

estimated duties at the PRC-wide rate, 

for any entries of tissue paper 

accompanied by the certification in 

Appendix II of this notice. However, the 

Department will direct CBP to suspend 

liquidation and to require a cash deposit 

of estimated duties, at the PRC-wide rate 

of 112.64 percent, for any entries of 

tissue paper not accompanied by this 

certification in Appendix II of this 

notice. 

Concurrent and Future Administrative 

Reviews 

Because we have reached a final 

affirmative determination of 

circumvention, as stipulated in the 

Preliminary Determination, 73 FR at 

21587, with respect to Quijiang, we are 

expanding the period of review for the 

third administrative review, initiated on 

April 25, 2008 date, back to September 

5, 2006, the date of initiation of the 

circumvention inquiry, to include all of 

Quijiang’s entries covered by this 

determination. See Initiation of 

Antidumping and Countervailing Duty 

Administrative Reviews and Request for 

Revocation in Part, 73 FR 22337, (April 

25, 2008). In concordance with this 

finding of circumvention, the review 

period of that segment of the proceeding 

will be expanded as of the date of 

issuance of this final determination with 

respect to Quijiang’s entries. In 

accordance with the certifications 

provided to CBP by Quijiang, all 

certified entries are subject to 

verification by the Department, 

including those that entered into the 

United States during the expanded third 

administrative review. In conducting a 

review of these certified entries, the 

Department will examine all records 

Quijiang maintains in its normal course 

of business supporting its certifications 

that no PRC-origin jumbo rolls were 

used in the production of Vietnameseorigin tissue paper products. Consistent 

with the terms of the certifications 

submitted by Quijiang, if Quijiang elects 

not to participate in the administrative 

review or does not consent to 

verification of these certified entries, we 

will immediately revoke the 

certification program and instruct CBP 

to suspend liquidation and collect cash 

deposits at the PRC-wide rate of 112.64 

percent on all of Quijiang’s entries of 

tissue paper, regardless of country of 

origin. 

Notice to Parties 

This notice also serves as the only 

reminder to parties subject to the 

administrative protective orders 

(‘‘APO’’) of their responsibility 

concerning the return or destruction of 

proprietary information disclosed under 

APO in accordance with section 351.305 

of the Department’s regulations. 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 violation which is subject to 

sanction. 

This affirmative final circumvention 

determination is published in 

accordance with section 781(b) of the 

Act and 19 CFR 351.225. 

Dated: September 19, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

Appendix I 

Discussion of the Issues 

Comment 1: Total Adverse Facts Available 

(‘‘AFA’’) for Quijiang 

Comment 2: Clerical Error in Value-Added 

Calculation 

Comment 3: Cash Deposits and Suspension 

of Liquidation 

Appendix II 

Certification of Vietnam Quijiang Paper Co., 

Ltd. 

lllllllllllllllllllll

Certification to U.S. Customs and Border 

Protection 

1. Vietnam Quijiang Paper Co., Ltd. 

(‘‘Vietnam Quijiang’’) hereby certifies that the 

certain tissue paper products being exported 

and subject to this certification were not 

produced from Chinese origin jumbo rolls. 

2. By signing this certificate, Vietnam 

Quijiang also hereby agrees to maintain 

sufficient documentation supporting the 

above statement such as country of origin 

certificates for all jumbo rolls used to process 

the exported certain tissue paper products. 

Further, Vietnam Quijiang agrees to submit to 

verification of the underlying documentation 

supporting the above statement. Vietnam 

Quijiang agrees that failure to submit to 

verification of the documentation supporting 

these statements will result in immediate 

revocation of certification rights and that 

Vietnam Quijiang will be required to post a 

cash deposit equal to the China-wide entity 

rate on all entries of certain tissue paper 

products. In addition, if the Department of 

Commerce identifies any misrepresentation 

or inconsistencies regarding the 

certifications, Vietnam Quijiang recognizes 

that the matter may be reported to the U.S. 

Customs and Border Protection by the 

Department for possible enforcement action. 

Signature: 

Printed Name: 

Title: 

[FR Doc. E8–22715 Filed 10–2–08; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–580–851] 

Dynamic Random Access Memory 

Semiconductors From the Republic of 

Korea: Final Results of Sunset Review 

and Revocation of Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On July 1, 2008, the 

Department of Commerce (‘‘the 

Department’’) published in the Federal 

Register the notice of initiation of the 

five-year sunset review of the 

countervailing duty order on dynamic 

random access memory semiconductors 

(‘‘DRAMS’’) from the Republic of Korea 

(‘‘ROK’’), pursuant to section 751(c) of 

the Tariff Act of 1930, as amended (‘‘the 

Act’’). Because the domestic interested 

party did not file a substantive response 

by the applicable deadline and has 

withdrawn its notice of intent to 

participate in this sunset review, the 

Department is revoking this 

countervailing duty order. 

DATES: Effective Date: August 11, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Shane Subler or David Neubacher, 

Import Administration, International 

Trade Administration, U.S. Department 

of Commerce, 14th Street and 

Constitution Avenue, NW., Washington, 

DC 20230; telephone: (202) 482–0189 or 

(202) 482–5823, respectively. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 57595 

SUPPLEMENTARY INFORMATION: 

Background 

On August 11, 2003, the Department 

issued a countervailing duty order on 

DRAMS from the ROK (68 FR 47546). 

See Notice of Countervailing Duty 

Order: Dynamic Random Access 

Memory Semiconductors From the 

Republic of Korea, 68 FR 47546 (August 

11, 2003) (‘‘CVD Order’’). On July 1, 

2008, the Department initiated a sunset 

review of this order. See Initiation of 

Five-year (‘‘Sunset’’) Review, 73 FR 

37411 (July 1, 2008). 

On July 16, 2008, we received a notice 

of intent to participate from Micron 

Technology, Inc. (‘‘Micron’’), a domestic 

interested party. On July 22, 2008, we 

informed the U.S. International Trade 

Commission (‘‘ITC’’) that there was 

domestic interest in continuation of the 

order. However, Micron did not file a 

substantive response by July 31, 2008, 

which was 30 days after the date of 

publication of the initiation notice in 

the Federal Register. Also, on August 1, 

2008, Micron submitted a letter stating 

that it was withdrawing its notice of 

intent to participate in this sunset 

review. On August 19, 2008, we notified 

the ITC that we did not receive a 

substantive response from the domestic 

interested party by the applicable 

deadline and that we intend to revoke 

the order not later than 90 days after the 

initiation of the sunset review. 

Scope of the Order 

The products covered by this order 

are DRAMS from the ROK, whether 

assembled or unassembled. Assembled 

DRAMS include all package types. 

Unassembled DRAMS include 

processed wafers, uncut die, and cut 

die. Processed wafers fabricated in the 

ROK, but assembled into finished 

semiconductors outside the ROK are 

also included in the scope. Processed 

wafers fabricated outside the ROK and 

assembled into finished semiconductors 

in the ROK are not included in the 

scope. 

The scope of this order additionally 

includes memory modules containing 

DRAMS from the ROK. A memory 

module is a collection of DRAMS, the 

sole function of which is memory. 

Memory modules include single in-line 

processing modules, single in-line 

memory modules, dual in-line memory 

modules, small outline dual in-line 

memory modules, Rambus in-line 

memory modules, and memory cards or 

other collections of DRAMS, whether 

unmounted or mounted on a circuit 

board. Modules that contain other parts 

that are needed to support the function 

of memory are covered. Only those 

modules that contain additional items 

which alter the function of the module 

to something other than memory, such 

as video graphics adapter boards and 

cards, are not included in the scope. 

This order also covers future DRAMS 

module types. 

The scope of this order additionally 

includes, but is not limited to, video 

random access memory and 

synchronous graphics random access 

memory, as well as various types of 

DRAMS, including fast page-mode, 

extended data-out, burst extended dataout, synchronous dynamic RAM, 

Rambus DRAM, and Double Data Rate 

DRAM. The scope also includes any 

future density, packaging, or assembling 

of DRAMS. Also included in the scope 

of this order are removable memory 

modules placed on motherboards, with 

or without a central processing unit, 

unless the importer of the motherboards 

certifies with CBP that neither it, nor a 

party related to it or under contract to 

it, will remove the modules from the 

motherboards after importation. The 

scope of this order does not include 

DRAMS or memory modules that are reimported for repair or replacement. 

The DRAMS subject to this order are 

currently classifiable under subheadings 

8542.21.8005, 8542.21.8020 through 

8542.21.8030, and 8542.32.0001 through 

8542.32.0023 of the Harmonized Tariff 

Schedule of the United States 

(‘‘HTSUS’’). The memory modules 

containing DRAMS from the ROK, 

described above, are currently 

classifiable under subheadings 

8473.30.1040, 8473.30.1080, 

8473.30.1140, and 8473.30.1180 of the 

HTSUS. Removable memory modules 

placed on motherboards are classifiable 

under subheadings 8443.99.2500, 

8443.99.2550, 8471.50.0085, 

8471.50.0150, 8517.30.5000, 

8517.50.1000, 8517.50.5000, 

8517.50.9000, 8517.61.0000, 

8517.62.0010, 8517.62.0050, 

8517.69.0000, 8517.70.0000, 

8517.90.3400, 8517.90.3600, 

8517.90.3800, 8517.90.4400, 

8542.21.8005, 8542.21.8020, 

8542.21.8021, 8542.21.8022, 

8542.21.8023, 8542.21.8024, 

8542.21.8025, 8542.21.8026, 

8542.21.8027, 8542.21.8028, 

8542.21.8029, 8542.21.8030, 

8542.31.0000, 8542.33.0000, 

8542.39.0000, 8543.89.9300, and 

8543.89.9600 of the HTSUS. However, 

the product description, and not the 

HTSUS classification, is dispositive of 

whether merchandise imported into the 

United States falls within the scope. 

Scope Rulings 

On December 29, 2004, the 

Department received a request from 

Cisco Systems, Inc. (‘‘Cisco’’), to 

determine whether removable memory 

modules placed on motherboards that 

are imported for repair or refurbishment 

are within the scope of the order. See 

CVD Order. The Department initiated a 

scope inquiry pursuant to 19 CFR 

351.225(e) on February 4, 2005. On 

January 12, 2006, the Department issued 

a final scope ruling, finding that 

removable memory modules placed on 

motherboards that are imported for 

repair or refurbishment are not within 

the scope of the CVD Order provided 

that the importer certifies that it will 

destroy any memory modules that are 

removed for repair or refurbishment. 

See Memorandum from Stephen J. 

Claeys to David M. Spooner, regarding 

Final Scope Ruling, Countervailing Duty 

Order on DRAMs From the Republic of 

Korea (January 12, 2006). 

Determination To Revoke 

Pursuant to section 751(c)(3)(A) of the 

Act, 19 CFR 351.218(d)(1)(iii)(B)(3), and 

19 CFR 351.218(e)(1)(i)(C)(3), if no 

domestic interested party files a notice 

of intent to participate in a five-year 

review or does not file an adequate 

response, the Department shall, within 

90 days after the initiation of the review, 

issue a final determination revoking the 

order. As noted above, the domestic 

interested party did not file a 

substantive response and withdrew its 

original notice of intent to participate. 

As a result, no domestic interested party 

is participating in this sunset review. 

Therefore, consistent with 19 CFR 

351.222(i)(1)(i) and section 751(c)(3) of 

the Act, we are revoking this 

countervailing duty order. The effective 

date of revocation is August 11, 2008, 

the fifth anniversary of the date on 

which the Department published the 

countervailing duty order. See 19 CFR 

351.222(i)(2)(i). 

Effective Date of Revocation 

Pursuant to section 751(c)(3)(A) of the 

Act and 19 CFR 351.222(i)(2)(i), the 

Department will instruct U.S. Customs 

and Border Protection to terminate the 

suspension of liquidation of the 

merchandise subject to this order 

entered, or withdrawn from warehouse, 

on or after August 11, 2008. Entries of 

subject merchandise prior to the 

effective date of revocation will 

continue to be subject to suspension of 

liquidation and antidumping and 

countervailing duty deposit 

requirements. The Department will 

complete any pending administrative 

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57596 Federal Register / Vol. 73, No. 193 / Friday, October 3, 2008 / Notices 

reviews of this order and will conduct 

administrative reviews of subject 

merchandise entered prior to the 

effective date of revocation in response 

to appropriately filed requests for 

review. 

The five-year (sunset) review and this 

notice are in accordance with sections 

751(c) and 777(i)(1) of the Act. 

Dated: September 29, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E8–23394 Filed 10–2–08; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–588–861, A–580–850, A–570–879] 

Polyvinyl Alcohol From Japan, the 

Republic of Korea, and the People’s 

Republic of China: Final Results of the 

Expedited Sunset Reviews of the 

Antidumping Duty Orders 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On June 5, 2008, the 

Department of Commerce (the 

Department) initiated sunset reviews of 

the antidumping duty orders on 

polyvinyl alcohol (PVA) from Japan, the 

Republic of Korea (Korea), and the 

People’s Republic of China (PRC) 

pursuant to section 751(c) of the Tariff 

Act of 1930, as amended (the Act). The 

Department has conducted expedited 

(120-day) sunset reviews for these 

orders pursuant to 19 CFR 

351.218(e)(1)(ii)(C)(2). As a result of 

these sunset reviews, the Department 

finds that revocation of the antidumping 

duty orders would be likely to lead to 

continuation or recurrence of dumping. 

DATES: Effective Date: October 3, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Eastwood or Miriam Eqab, 

AD/CVD Operations, Office 2, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street & Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–3874 and (202) 

482–3693, respectively. 

SUPPLEMENTARY INFORMATION

Background 

On June 5, 2008, the Department 

published the notice of initiation of the 

sunset reviews of the antidumping duty 

orders on PVA from Japan, Korea, and 

the PRC pursuant to section 751(c) of 

the Act. See Initiation of Five-Year 

(‘‘Sunset’’) Reviews, 73 FR 31974 (June 

5, 2008) (Notice of Initiation). 

The Department received notices of 

intent to participate from Celanese 

Chemicals, Ltd. and E.I. Dupont de 

Nemours & Co. (collectively, ‘‘the 

domestic interested parties’’) within the 

deadline specified in 19 CFR 

351.218(d)(1)(i). The companies claimed 

interested party status under section 

771(9)(C) of the Act as manufacturers of 

a domestic like product in the United 

States. The Department also received a 

notice of intent to participate from two 

Japanese respondent interested parties: 

The Nippon Synthetic Chemical 

Industry Co., Ltd. and Marubeni 

Specialty Chemicals Inc. The companies 

claimed interested party status under 

section 771(9)(A) of the Act as a foreign 

producer and a U.S. importer, 

respectively, of the subject merchandise. 

The Department received complete 

substantive responses to the notice of 

initiation from the domestic interested 

parties within the 30-day deadline 

specified in 19 CFR 351.218(d)(3)(i). We 

received no substantive responses from 

respondent interested parties with 

respect to any of the orders covered by 

these sunset reviews, nor was a hearing 

requested. As a result, pursuant to 19 

CFR 351.218(e)(1)(ii)(C)(2), the 

Department is conducting expedited 

(120-day) sunset reviews of the 

antidumping duty orders for Japan, 

Korea, and the PRC. 

Scope of the Orders 

The merchandise covered by these 

orders 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, except as noted 

below. 

The following products are 

specifically excluded from the scope of 

these orders: 

(1) PVA in fiber form. 

(2) PVA with hydrolysis less than 83 

mole percent and certified not for use in 

the production of textiles. 

(3) PVA with hydrolysis greater than 

85 percent and viscosity greater than or 

equal to 90 cps. 

(4) PVA with a hydrolysis greater than 

85 percent, viscosity greater than or 

equal to 80 cps but less than 90 cps, 

certified for use in an ink jet 

application. 

(5) 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, and accompanied 

by an end-use certification. 

(6) PVA covalently bonded with 

cationic monomer uniformly present on 

all polymer chains in a concentration 

equal to or greater than one mole 

percent. 

(7) PVA covalently bonded with 

carboxylic acid uniformly present on all 

polymer chains in a concentration equal 

to or greater than two mole percent, 

certified for use in a paper application. 

(8) PVA covalently bonded with thiol 

uniformly present on all polymer 

chains, certified for use in emulsion 

polymerization of non-vinyl acetic 

material. 

(9) PVA covalently bonded with 

paraffin uniformly present on all 

polymer chains in a concentration equal 

to or greater than one mole percent. 

(10) PVA covalently bonded with 

silan uniformly present on all polymer 

chains certified for use in paper coating 

applications. 

(11) PVA covalently bonded with 

sulfonic acid uniformly present on all 

polymer chains in a concentration level 

equal to or greater than one mole 

percent. 

(12) PVA covalently bonded with 

acetoacetylate uniformly present on all 

polymer chains in a concentration level 

equal to or greater than one mole 

percent. 

(13) PVA covalently bonded with 

polyethylene oxide uniformly present 

on all polymer chains in a concentration 

level equal to or greater than one mole 

percent. 

(14) PVA covalently bonded with 

quaternary amine uniformly present on 

all polymer chains in a concentration 

level equal to or greater than one mole 

percent. 

(15) PVA covalently bonded with 

diacetoneacrylamide uniformly present 

on all polymer chains in a concentration 

level greater than three mole percent, 

certified for use in a paper application. 

The merchandise subject to these 

orders 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 scope of these 

orders is dispositive. 

Analysis of Comments Received 

All issues raised in these reviews are 

addressed in the ‘‘Issues and Decision 

Memorandum for the Expedited Sunset 

Reviews of the Antidumping Duty 

Orders on Polyvinyl Alcohol from 

Japan, the Republic of Korea, and the 

People’s Republic of China’’ from 

Stephen J. Claeys, Deputy Assistant 

Secretary for Import Administration, to 

David M. Spooner, Assistant Secretary 

for Import Administration (September 

29, 2008) (Decision Memo), which is 

mstockstill on PROD1PC66 with NOTICES