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Taiwan Polyvinyl Alcohol: ITA Resumes 2004 AD Investigation

The International Trade Administration has announced that the International Trade Commission’s 2004 preliminary negative injury determination has been reversed by Court order, in the antidumping duty investigation of polyvinyl alcohol from Taiwan.

As a result, this ITA AD investigation is resumed.

2004 ITC Negative Injury Determination Reversed on CIT Remand

In 2004, the ITC made a preliminary negative determination regarding whether there was a reasonable indication of injury due to imports of the subject merchandise. As a result, the ITA did not continue the investigation. (See ITT’s Online Archives or 10/25/04 news, 04102545, for BP summary.)

The petitioner appealed the negative ITC preliminary determination to the Court of International Trade and, on remand from the CIT, the ITC reversed its preliminary injury determination and found instead that there was a reasonable indication of injury due to imports of the subject merchandise, which the CIT affirmed.

In December 2009, pursuant to an appeal, the Court of Appeals for the Federal Circuit affirmed the ITC's decision.

ITA Postpones Preliminary AD Determination to September 6

The ITA will issue a preliminary AD duty determination, and states that the petitioner in this investigation made a timely request for a 50-day postponement of the preliminary determination, in order to allow the ITA additional time to resolve a number of issues in the investigation which the petitioner anticipates will require supplemental questionnaires.

For the reasons identified by petitioners, and because there are no compelling reasons to deny the request, the ITA is postponing the deadline for the preliminary determination by 50 days to September 6, 2010.

The deadline for the final determination will continue to be 75 days after the date of the preliminary determination, unless extended.

(See ITT’s Online Archives or 10/07/04 news, 04100730, for BP summary of the ITA’s 2004 initiation of this investigation.)

Contact -- Thomas Schauer (202) 482-5760

(FR Pub 07/01/10, ITA Case No. A-583-841)