MESSAGE NO: 8223114 DATE: 08 11 1998
CATEGORY: ADA TYPE: REV
REFERENCE: REFERENCE DATE:
CASES: A - 588 - 836 - -
- - - -
- - - -

PERIOD COVERED: 05 01 1998 TO

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: PARTIAL REVOCATION OF ANTIDUMPING DUTY ORDER ON
POLYVINYL ALCOHOL FROM JAPAN (A-588-836)


1. THE DEPARTMENT OF COMMERCE ("DEPARTMENT") HAS COMPLETED ITS CHANGED
CIRCUMSTANCES REVIEW OF THE ANTIDUMPING DUTY ORDER ON POLYVINYL ALCOHOL
("PVA") FROM JAPAN (A-588-836). AS A RESULT OF A NOTIFICATION FROM
PETITIONER, AIR PRODUCTS AND CHEMICALS, INC., THAT IT IS NO LONGER
INTERESTED IN THE IMPORTATION OF 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 FROM JAPAN. THE
DEPARTMENT HAS MADE THIS PARTIAL REVOCATION OF THIS ANTIDUMPING DUTY
ORDER AND PUBLISHED THE FINDINGS IN THE FEDERAL REGISTER ON JULY 27,
1998.

2. THEREFORE, CUSTOMS IS DIRECTED TO TERMINATE THE SUSPENSION OF
LIQUIDATION FOR ALL SHIPMENTS OF 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 THAT ARE
MANUFACTURED/SHIPPED/EXPORTED FROM JAPAN, AND ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER MAY 1, 1998, AND TO
LIQUIDATE SUSPENDED ENTRY SUMMARIES FOR THIS MERCHANDISE MADE ON OR
AFTER MAY 1, 1998, WITHOUT REGARD TO ANTIDUMPING DUTIES.

3. THE ANTIDUMPING DUTY ORDER ON ALL SHIPMENTS OF PVA NOT 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 THAT ARE MANUFACTURED/SHIPPED/EXPORTED FROM JAPAN, STILL
APPLIES. CONTINUE TREATING ANY OTHER TYPE OF PVA AS SUBJECT
MERCHANDISE.

4. IN AN EFFORT TO COMPLY WITH 19 U.S.C. 1411 (I.E., NATIONAL CUSTOMS
AUTOMATION PROGRAM), MANUFACTURERS/SHIPPERS/EXPORTERS/IMPORTERS OF 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 THAT ARE MANUFACTURED/SHIPPED/EXPORTED FROM JAPAN
SHOULD REFER TO THE FOLLOWING INSTRUCTIONS REGARDING THEIR U.S.
ENTRIES. MANUFACTURES/SHIPPERS/EXPORTERS/IMPORTERS OF THIS MERCHANDISE
ARE INSTRUCTED NOT TO INDICATE-ON THE 7501 CUSTOMS ENTRY SUMMARY FORM
THAT ACCOMPANIES ALL ENTRIES IN THE U.S.-THAT THE PVA IS SUBJECT TO
ANTIDUMPING DUTIES. HOWEVER, MANUFACTURES/SHIPPERS/EXPORTERS/IMPORTERS
OF THIS MERCHANDISE MUST MAINTAIN CERTIFICATION FOR EACH ENTRY
INDICATING THAT THE PVA WILL BE 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 DIETARY SUPPLEMENT.

5. MANUFACTURES/SHIPPERS/EXPORTERS/IMPORTERS OF 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 FROM JAPAN, SHOULD EXPECT TO BE REQUIRED TO VERIFY THAT
THEIR PVA WILL BE USED IN THE MANNER PRESCRIBED ABOVE TO A CUSTOMS
INTERNATIONAL TRADE SPECIALIST.

6. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE OF
ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778
OF THE TARIFF ACT OF 1930, AS AMENDED. SECTION 778 REQUIRES THAT
CUSTOMS PAY INTEREST ON OVERPAYMENTS, OR ASSESS INTEREST ON UNDER
PAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING
DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH BONDS
POSTED AS ESTIMATED ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION
OF THE ANTIDUMPING DUTY ORDER. INTEREST SHALL BE CALCULATED FROM
THE DATE OF PAYMENT OF ESTIMATED ANTIDUMPING DUTIES THROUGH THE DATE OF
LIQUIDATION. THE RATE AT WHICH SUCH INTEREST IS PAYABLE IS THE RATE IN
EFFECT UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR
SUCH PERIOD.

7. IF THERE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS,
PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS,
THE OTHER AGENCY LIAISON, USING THE ATTRIBUTE "HQ OAB". IMPORTING
PUBLIC AND INTERESTED PARTIES SHOULD CONTACT BRIAN LEDGERWOOD OR BRIAN
SMITH AT 202-482-3836 OR 202-482-1766 RESPECTIVELY, OF AD/CVD
ENFORCEMENT, GROUP II/OFFICE 5 IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION DEPARTMENT OF COMMERCE.

8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

PAUL SCHWARTZ