80 FR 30208 - Polyvinyl Alcohol From Japan, the Republic of Korea and the People's Republic of China: Continuation of Antidumping Duty Orders on Japan and the People's Republic of China, Revocation of the Antidumping Order on the Republic of Korea
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 101 (May 27, 2015)
International Trade Administration
Federal Register Volume 80, Issue 101 (May 27, 2015)
| Page Range | 30208-30210 | |
| FR Document | 2015-12788 |
[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)] [Notices] [Pages 30208-30210] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12788] ----------------------------------------------------------------------- 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: Continuation of Antidumping Duty Orders on Japan and the People's Republic of China, Revocation of the Antidumping Order on the Republic of Korea AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC) in their five year (sunset) reviews that revocation of the antidumping duty (AD) orders on polyvinyl alcohol (PVA) from Japan and the People's Republic of China (PRC) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the AD orders on PVA from Japan and the PRC. In addition, as a result of the ITC's determination that revocation of the AD order on PVA from the Republic of Korea (Korea) is not likely to lead to continuation or recurrence of material injury to an industry in the United States, the Department is revoking the AD order on PVA from Korea. DATES: Effective Date: Korea Revocation: April 13, 2014; Japan and PRC Continuation: May 27, 2015. FOR FURTHER INFORMATION CONTACT: Alice Maldonado, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4682. SUPPLEMENTARY INFORMATION: Background On July 2, 2003, the Department published the AD order on PVA from Japan, and on October 1, 2003, the Department published the AD orders on PVA from Korea and the PRC.\1\ --------------------------------------------------------------------------- \1\ See Antidumping Duty Order: Polyvinyl Alcohol from Japan, 68 FR 39518 (July 2, 2003); Antidumping Duty Order: Polyvinyl Alcohol from the Republic of Korea, 68 FR 56621 (October 1, 2003); Antidumping Duty Order: Polyvinyl Alcohol from the People's Republic of China, 68 FR 56620 (October 1, 2003) and corresponding correction, Antidumping Duty Order: Polyvinyl Alcohol From the People's Republic of China, 68 FR 58169 (October 8, 2003). --------------------------------------------------------------------------- [[Page 30209]] On March 3, 2014, the Department initiated \2\ and the ITC instituted \3\ five-year (``sunset'') reviews of the AD orders on PVA from Japan, Korea, and the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a result of its reviews, the Department determined that revocation of the AD orders on PVA from Japan, Korea, and the PRC would likely lead to a continuation or recurrence of dumping, and notified the ITC of the magnitude of the margins of dumping likely to prevail were the orders revoked.\4\ --------------------------------------------------------------------------- \2\ See Initiation of Five-Year (``Sunset'') Reviews, 79 FR 11762 (March 3, 2014) (Notice of Initiation). \3\ See Polyvinyl Alcohol From China, Japan, and Korea; Institution of Five-Year Reviews Concerning the Antidumping Duty Orders on China, Japan, and Korea, 79 FR 11821 (March 3, 2014). \4\ See 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, 79 FR 38278 (July 7, 2014). --------------------------------------------------------------------------- On May 18, 2015, the ITC published its determinations, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the AD orders on PVA from Japan and the PRC would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time, but that revocation of the AD order on PVA from Korea would not be likely to lead to the continuation or recurrence of material injury within a reasonably foreseeable time.\5\ --------------------------------------------------------------------------- \5\ See Polyvinyl Alcohol from China, Japan, and Korea; Determinations, 80 FR 28300 (May 18, 2015). --------------------------------------------------------------------------- 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. Continuation of the AD Orders on PVA From Japan and the PRC As a result of the determinations by the Department and the ITC that revocation of the AD orders on PVA from Japan and the PRC would likely lead to a continuation or recurrence of dumping, and of material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the AD orders on PVA from Japan and the PRC. U.S. Customs and Border Protection (CBP) will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of these orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. Revocation of the AD Order on PVA From Korea As a result of the determination by the ITC that revocation of the AD order on PVA from Korea would not be likely to lead to continuation or recurrence of material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department is revoking the AD order on PVA from Korea. Pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of revocation is April 13, 2014 (i.e., the fifth anniversary of the date of publication in the Federal Register of the previous continuation of these orders).\6\ --------------------------------------------------------------------------- \6\ See Polyvinyl Alcohol from Japan, the Republic of Korea and the People's Republic of China: Continuation of Antidumping Duty Orders, 74 FR 16834 (April 13, 2009). See, e.g., Carbon and Certain Alloy Steel Wire Rod From Ukraine: Revocation of Antidumping Duty Order, 79 FR 38009, 38010 (July 3, 2014). --------------------------------------------------------------------------- Cash Deposits and Assessment of Duties for PVA From Korea The Department will notify CBP, 15 days after publication of this notice, to terminate the suspension of liquidation and to discontinue the collection of cash deposits on entries of the subject merchandise from Korea, entered or withdrawn from warehouse, on or after April 13, 2014. The Department will further instruct CBP to refund with interest all cash deposits on entries made on or after April 13, 2014. Entries of subject merchandise prior to the effective date of revocation will continue to be subject to suspension of liquidation and AD deposit requirements and assessments. The Department will complete any pending or requested administrative reviews of this order covering entries prior to April 13, 2014. [[Page 30210]] Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. These five-year (sunset) reviews and notice are in accordance with sections 751(c) and (d)(2), and 777(i) the Act, and 19 CFR 351.218(f)(4). Dated: May 19, 2015. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-12788 Filed 5-26-15; 8:45 am] BILLING CODE 3510-DS-P
![30208 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices
361P are necessary to implement the this notice to ACTION: Notice and Opportunity for
duty refund program. The primary OIRA_Submission@omb.eop.gov or fax Public Comment.
consideration in collecting information to (202) 395–5806.
is the enforcement of the law and the Dated: May 20, 2015. Pursuant to Section 251 of the Trade
information gathered is limited to that Glenna Mickelson, Act 1974, as amended (19 U.S.C. 2341
necessary to prevent abuse of the et seq.), the Economic Development
Management Analyst, Office of the Chief
program and to permit a fair and Information Officer. Administration (EDA) has received
equitable distribution of its benefits. petitions for certification of eligibility to
[FR Doc. 2015–12682 Filed 5–26–15; 8:45 am]
Affected Public: Business or other for-
BILLING CODE 3510–DS–P apply for Trade Adjustment Assistance
profit organizations.
Frequency: On Occasion. from the firms listed below.
Respondent’s Obligation: Required to Accordingly, EDA has initiated
obtain or retain a benefit. DEPARTMENT OF COMMERCE investigations to determine whether
This information collection request increased imports into the United States
may be viewed at reginfo.gov. Follow Economic Development Administration of articles like or directly competitive
the instructions to view Department of Notice of Petitions by Firms for with those produced by each of these
Commerce collections currently under Determination of Eligibility To Apply firms contributed importantly to the
review by OMB. for Trade Adjustment Assistance total or partial separation of the firm’s
Written comments and workers, or threat thereof, and to a
recommendations for the proposed AGENCY:Economic Development decrease in sales or production of each
information collection should Administration, Department of petitioning firm.
be sent within 30 days of publication of Commerce.
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE
[5/12/2015 through 5/20/2015]
Date accepted
Firm name Firm address Product(s)
for investigation
Composiflex, Inc ..... 8100 Hawthorne Drive, Erie, PA 16509 ..................... 5/19/2015 The firm manufactures advanced composite
products of polycarbonate and resin for the
medical, spring, industrial and military mar-
kets.
Southern Precision 2200 Old Steele Creek Road, Charlotte, NC 28208 .. 5/19/2015 The firm manufactures precision mechanical
Spring Co., Inc. springs.
Custom Product In- 40 Commerce Drive, Lebanon, IL 62254 ................... 5/20/2015 The firm manufactures exercise products used
novations. for core strengthening.
Any party having a substantial DEPARTMENT OF COMMERCE ITC’s determination that revocation of
interest in these proceedings may the AD order on PVA from the Republic
request a public hearing on the matter. International Trade Administration of Korea (Korea) is not likely to lead to
A written request for a hearing must be [A–588–861, A–580–850, A–570–879] continuation or recurrence of material
submitted to the Trade Adjustment injury to an industry in the United
Assistance for Firms Division, Room Polyvinyl Alcohol From Japan, the States, the Department is revoking the
71030, Economic Development Republic of Korea and the People’s AD order on PVA from Korea.
Administration, U.S. Department of Republic of China: Continuation of DATES: Effective Date: Korea Revocation:
Commerce, Washington, DC 20230, no Antidumping Duty Orders on Japan April 13, 2014; Japan and PRC
later than ten (10) calendar days and the People’s Republic of China, Continuation: May 27, 2015.
following publication of this notice. Revocation of the Antidumping Order FOR FURTHER INFORMATION CONTACT:
on the Republic of Korea Alice Maldonado, AD/CVD Operations,
Please follow the requirements set
forth in EDA’s regulations at 13 CFR AGENCY: Enforcement and Compliance, Office II, Enforcement and Compliance,
315.9 for procedures to request a public International Trade Administration, International Trade Administration,
Department of Commerce. U.S. Department of Commerce, 14th
hearing. The Catalog of Federal
SUMMARY: As a result of the Street and Constitution Avenue NW.,
Domestic Assistance official number
determinations by the Department of Washington, DC 20230; telephone: (202)
and title for the program under which 482–4682.
these petitions are submitted is 11.313, Commerce (the Department) and the
International Trade Commission (ITC) SUPPLEMENTARY INFORMATION:
Trade Adjustment Assistance for Firms.
in their five year (sunset) reviews that Background
Dated: May 20, 2015. revocation of the antidumping duty
Michael S. DeVillo, (AD) orders on polyvinyl alcohol (PVA) On July 2, 2003, the Department
published the AD order on PVA from
mstockstill on DSK4VPTVN1PROD with NOTICES
Eligibility Examiner. from Japan and the People’s Republic of
[FR Doc. 2015–12771 Filed 5–26–15; 8:45 am] China (PRC) would likely lead to a Japan, and on October 1, 2003, the
continuation or recurrence of dumping Department published the AD orders on
BILLING CODE 3510–WH–P
and material injury to an industry in the PVA from Korea and the PRC.1
United States, the Department is 1 See Antidumping Duty Order: Polyvinyl Alcohol
publishing a notice of continuation of from Japan, 68 FR 39518 (July 2, 2003);
the AD orders on PVA from Japan and Antidumping Duty Order: Polyvinyl Alcohol from
the PRC. In addition, as a result of the the Republic of Korea, 68 FR 56621 (October 1,
VerDate Sep<11>2014 16:45 May 26, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1](https://thefederalregister.org/doc/80_FR_30309/page/1.svg)
![30210 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices
Administrative Protective Order SUPPLEMENTARY INFORMATION: the direction of the U.S. Trade
This notice also serves as the only Representative pursuant to section 129,
Background
reminder to parties subject to the Department published a notice
On July 22, 2008, the Department implementing that final determination.6
administrative protective order (APO) of
published antidumping duty (AD) and Plaintiff Wheatland Tube Company,
their responsibility concerning the
countervailing duty (CVD) orders on Consolidated Plaintiff-Intervenor United
return/destruction or conversion to
CWP imports from China.1 The States Steel Corporation, and
judicial protective order of proprietary
Government of China (GOC) challenged Consolidated Plaintiff-Intervenors
information disclosed under APO in
the CWP orders and three other sets of Allied Tube and Conduit and TMK
accordance with 19 CFR 351.305(a)(3).
simultaneously imposed AD and CVD IPSCO (collectively, the Domestic
Failure to comply is a violation of the
orders before the WTO’s Dispute Interested Parties), challenged the
APO which may be subject to sanctions.
These five-year (sunset) reviews and Settlement Body. The WTO Appellate Department’s determination at the CIT.
notice are in accordance with sections Body in March 2011 found that the On November 26, 2014, the Court
751(c) and (d)(2), and 777(i) the Act, United States had acted inconsistently remanded the section 129 Final
and 19 CFR 351.218(f)(4). with its international obligations in Determination to the Department for
several respects, including the potential further consideration of the finding that
Dated: May 19, 2015. imposition of overlapping remedies, or certain countervailable subsidies
Ronald K. Lorentzen, so-called ‘‘double remedies.’’ 2 The U.S. reduced the average price of U.S. CWP
Acting Assistant Secretary for Enforcement Trade Representative announced the imports, such that the reduction
and Compliance. United States’ intention to comply with warranted an adjustment to the
[FR Doc. 2015–12788 Filed 5–26–15; 8:45 am] the WTO’s rulings and companion AD rates under section
BILLING CODE 3510–DS–P recommendations, and the Department 777A(f) of the Act.7
initiated a section 129 proceeding.3 Following the CIT’s issuance of the
On July 31, 2012, the Department Remand Order, the Department released
DEPARTMENT OF COMMERCE issued its final determination a questionnaire to the original
memorandum in the section 129 CVD respondents in the CWP CVD
International Trade Administration investigation to obtain information
proceeding on, inter alia, the double
[C–570–911] remedies issue.4 Based on its analysis of necessary for its analysis under the
broad manufacturing-level information, Remand Order.8 The Department also
Circular Welded Carbon Quality Steel the Department found that an issued copies of the questionnaire to the
Pipe From the People’s Republic of adjustment was warranted to the GOC and its counsel in the section 129
China: Notice of Court Decision Not in antidumping duty on U.S. CWP imports proceeding.9 Neither mandatory
Harmony With the Implemented Final from China to account for remedies that respondent nor the GOC, however, filed
Determination Under Section 129 of overlap those imposed by the CVD a response to this questionnaire or
the Uruguay Round Agreements Act order.5 On August 30, 2012, acting at comments.
Pursuant to the Remand Order, the
AGENCY: Enforcement and Compliance, Department reconsidered its finding
1 See Notice of Antidumping Duty Order: Circular
International Trade Administration, regarding the respondents’ eligibility for
Welded Carbon Quality Steel Pipe from the People’s
Department of Commerce. Republic of China, 73 FR 42547 (July 22, 2008);
SUMMARY: On May 7, 2015, the United Circular Welded Carbon Quality Steel Pipe from the Piquado, Assistant Secretary for Import
States Court of International Trade (CIT People’s Republic of China: Final Affirmative Administration, ‘‘Section 129 Determination of the
Countervailing Duty Determination and Final
or Court) issued final judgment in Affirmative Determination of Critical
Countervailing Duty Investigation of Circular
Wheatland Tube Company v. United Welded Carbon Quality Steel Pipe from the People’s
Circumstances, 73 FR 31966 (June 5, 2008); Circular Republic of China: ‘Double Remedies’ Analysis
States, Consol. Court No. 12–00298, Welded Carbon Quality Steel Pipe from the People’s Pursuant to the WTO Appellate Body’s Findings in
affirming the Department of Commerce’s Republic of China: Notice of Amended Final WTO DS379,’’ (May 31, 2012), at 34–35.
Affirmative Countervailing Duty Determination and
(the Department) redetermination Notice of Countervailing Duty Order, 73 FR 42545
6 See Implementation Notice.
pursuant to court remand. Consistent (July 22, 2008) (collectively, CWP orders).
7 See Wheatland Tube Company v. United States,
Slip Op. 14–137, Consol. Court No. 12–00298 (CIT
with section 516A of the Tariff Act of 2 See United States—Definitive Anti-Dumping
November 26, 2014) (Remand Order). The manner
1930, as amended (the Act), the and Countervailing Duties on Certain Products from in which the Department applied that adjustment
Department is notifying the public that China, 611, WT/DS379/AB/R (Mar. 11, 2011). in the companion AD proceeding is the subject of
3 See Implementation of Determinations Under
the final judgment in this case is not in Wheatland Tube Company v. United States, Consol.
Section 129 of the Uruguay Round Agreements Act: Court No. 12–00296, which has been stayed
harmony with the Department’s Certain New Pneumatic Off-the-Road Tires; Circular pending resolution of the litigation that is the
implemented final determination in a Welded Carbon Quality Steel Pipe; Laminated subject of this notice.
proceeding conducted under section Woven Sacks; and Light-Walled Rectangular Pipe 8 See Letter to Weifang East Steel Pipe Co., Ltd.
and Tube From the People’s Republic of China, 77
129 of the Uruguay Round Agreements FR 52683 (August 30, 2012) (Implementation
(East Pipe) dated January 28, 2015, ‘‘Section 129
Remand Redetermination of Circular Welded
Act (section 129) related to the Notice). Carbon Quality Steel Pipe from the People’s
Department’s final affirmative 4 See Memorandum from Christian Marsh, Deputy
Republic of China—Domestic Subsidies
countervailing duty determination on Assistant Secretary for Antidumping and Questionnaire;’’ see also Letter to Zhejiang
circular welded carbon quality steel Countervailing Duty Operations, to Paul Piquado, Kingland Pipeline and Technologies Co., Ltd.;
Assistant Secretary for Import Administration, Kingland Group Co., Ltd.; Beijing Kingland Century
pipe (CWP) from the People’s Republic ‘‘Final Determination: Section 129 Proceeding Technologies Co.; Zhejiang Kingland Pipeline
of China (China). Pursuant to the WTO Appellate Body’s Findings in Industry Co., Ltd.; and Shanxi Kingland Pipeline
DATES: Effective Date: May 18, 2015. WTO DS379 Regarding the Antidumping and Co., Ltd. (collectively, Kingland), dated January 28,
mstockstill on DSK4VPTVN1PROD with NOTICES
Countervailing Duty Investigations of Circular 2015, ‘‘Section 129 Remand Redetermination of
FOR FURTHER INFORMATION CONTACT: Welded Carbon Quality Steel Pipe from the People’s Circular Welded Carbon Quality Steel Pipe from the
Shane Subler, Office I, Enforcement and Republic of China,’’ (July 31, 2012) (Section 129 People’s Republic of China—Domestic Subsidies
Compliance, International Trade Final Determination). Questionnaire.’’
5 See Section 129 Preliminary Analysis 9 See Memorandum to the File from Shane
Administration, U.S. Department of
Memorandum at 10; see also Memorandum from Subler, International Trade Compliance Analyst,
Commerce, 14th Street and Constitution Christopher Mutz, Office of Policy, Import dated March 27, 2015, ‘‘Documentation for Release
Avenue NW., Washington, DC 20230; Administration, and Daniel Calhoun, Office of the of Questionnaire for Section 129 Remand
telephone: (202) 482–0189. Chief Counsel for Import Administration, to Paul Redetermination.’’
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Document Created: 2015-12-15 15:35:27
Document Modified: 2015-12-15 15:35:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Alice Maldonado, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4682. | |
| FR Citation | 80 FR 30208 |
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