Trade Law Daily is a Warren News publication.

AD Duties on Taiwan Polyvinyl Alcohol Set to End After CIT Affirms Zero Rate for CCPC

The antidumping duty order on polyvinyl alcohol from Taiwan (A-583-841) is set to be revoked, after the Court of International Trade on Dec. 18 sustained a zero rate for the original investigation’s sole respondent. The court had in April ordered Commerce to rethink its 3.08% AD rate for Chang Chun Petrochemical (CCPC) because of quarrels over the agency’s application of targeted dumping regulations (see 13041127). Commerce’s recalculation resulted in CCPC’s AD rate falling to zero. Because CCPC was the only respondent in the original investigations, Commerce’s final determination would now become negative (no dumping), and AD duties on polyvinyl alcohol from Taiwan would end.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

Domestic petitioner Sekisui still has the option to appeal the decision to the Court of Appeals for the Federal Circuit, said Kelly Slater of Appleton Luff, who represented CCPC in the case. “If they were to appeal, that would effectively stay any action of revoking the order, pending the outcome of the Federal Circuit decision,” she said. “But assuming they didn’t appeal -- and we think the odds are pretty good that they will not appeal this decision -- then the order against [polyvinyl alcohol] from Taiwan will have to be revoked as a result of this decision,” said Slater. Lead counsel for Sekisui did not immediately return a request for comment.