[Federal Register Volume 68, Number 124 (Friday, June 27, 2003)]
[Notices]
[Page 38386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16364]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 731-TA-1015-1016 (Final)]
Polyvinyl Alcohol From Germany and Japan
Determinations
On the basis of the record \1\ developed in the subject
investigations, the United States International Trade Commission
(Commission) determines, pursuant to section 735(b) of the Tariff Act
of 1930 (19 U.S.C. 1673d(b)) (the Act), that an industry in the United
States is threatened with material injury \2\ by reason of imports from
Japan of polyvinyl alcohol (``PVA''),\3\ provided for in subheading
3905.30.00 of the Harmonized Tariff Schedule of the United States, that
have been found by the Department of Commerce (Commerce) to be sold in
the United States at less than fair value (LTFV).\4\ The Commission
also determines, pursuant to section 735(b) of the Act, that an
industry in the United States is not materially injured or threatened
with material injury, and the establishment of an industry in the
United States is not materially retarded, by reason of imports from
Germany of PVA that have been found by Commerce to be sold in the
United States at LTFV.
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\1\ The record is defined in Sec. 207.2(f) of the Commission's
Rules of Practice and Procedure (19 CFR 207.2(f)).
\2\ Pursuant to section 735(b)(4)(B) of the Act (19 U.S.C.
1673d(b)(4)(B)), the Commission further determines that it would not
have found material injury by reason of the subject imports from
Japan but for any suspension of liquidation of entries of that
merchandise.
\3\ For purposes of these investigations, PVA is defined as all
polyvinyl alcohol hydrolyzed in excess of 80 percent, whether or not
mixed or diluted with commercial levels of defoamer or boric acid,
except as excluded from the definition. The following forms of
polyvinyl alcohol are excluded from the definition of PVA:
(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; and
(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.
\4\ Vice Chairman Jennifer A. Hillman made a negative
determination with respect to Japan.
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Background
The Commission instituted these investigations effective September
5, 2002, following receipt of a petition filed with the Commission and
Commerce by Celanese, Ltd. of Dallas, TX and E.I. du Pont de Nemours &
Co. of Wilmington, DE. The final phases of the investigations were
scheduled by the Commission following notification of preliminary
determinations by Commerce that imports of polyvinyl alcohol from
Germany and Japan were being sold at LTFV within the meaning of section
733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the
final phases of the Commission's investigations and of a public hearing
to be held in connection therewith was given by posting copies of the
notice in the Office of the Secretary, U.S. International Trade
Commission, Washington, DC, and by publishing the notice in the Federal
Register of March 7, 2003 (68 FR 11144). The hearing was held in
Washington, DC, on May 8, 2003, and all persons who requested the
opportunity were permitted to appear in person or by counsel.
The Commission transmitted its determinations in these
investigations to the Secretary of Commerce on June 18, 2003. The views
of the Commission are contained in USITC Publication 3604 (June 2003),
entitled Polyvinyl Alcohol from Germany and Japan: Investigations Nos.
1015-1016 (Final).
By order of the Commission.
Issued: June 23, 2003.
Marilyn R. Abbott,
Secretary.
[FR Doc. 03-16364 Filed 6-26-03; 8:45 am]
BILLING CODE 7020-02-P