[Federal Register Volume 65, Number 133 (Tuesday, July 11, 2000)]
[Notices]
[Pages 42673-42674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17515]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-853]


Notice of Antidumping Duty Order: Bulk Aspirin From the People's 
Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: July 11, 2000.

FOR FURTHER INFORMATION CONTACT: Rosa Jeong, or Ryan Langan, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 
20230; telephone: (202) 482-3853, and (202) 482-1279, respectively.

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (``URAA''). In addition, 
all citations to the regulations of the Department of Commerce (``the 
Department'') are to 19 CFR Part 351 (1998).

Scope of Order

    The product covered by this antidumping duty order is bulk 
acetylsalicylic acid, commonly referred to as bulk aspirin, whether or 
not in pharmaceutical or compound form, not put up in dosage form 
(tablet, capsule, powders or similar form for direct human 
consumption). Bulk aspirin may be imported in two forms, as pure ortho-
acetylsalicylic acid or as mixed ortho-acetylsalicylic acid. Pure 
ortho-acetylsalicylic acid can be either in crystal form or granulated 
into a fine powder (pharmaceutical form). This product has the chemical 
formula C9H8O4. It is defined by the 
official monograph of the United States Pharmacopoeia (``USP'') 23. It 
is classified under the Harmonized Tariff

[[Page 42674]]

Schedule of the United States (``HTSUS'') subheading 2918.22.1000.
    Mixed ortho-acetylsalicylic acid consists of ortho-acetylsalicylic 
acid combined with other inactive substances such as starch, lactose, 
cellulose, or coloring materials and/or other active substances. The 
presence of other active substances must be in concentrations less than 
that specified for particular nonprescription drug combinations of 
aspirin and active substances as published in the Handbook of 
Nonprescription Drugs, eighth edition, American Pharmaceutical 
Association. This product is classified under HTSUS subheading 
3003.90.0000. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise under investigation is dispositive.

Antidumping Duty Order

    On June 27, 2000, the Department published in the Federal Register 
(65 FR 39598), its ``Notice of Amended Final Determination of Sales at 
Less Than Fair Value: Bulk Aspirin from the PRC'' in which the final 
antidumping duty margins for Shandong Xinhua Pharmaceutical Factory and 
Jilin Pharmaceutical Import and Export Corporation were revised. The 
revised margins are listed below.
    On June 30, 2000, in accordance with section 735(d) of the Act, the 
U.S. International Trade Commission (``ITC'') notified the Department 
that a U.S. industry is ``threatened with material injury,'' within the 
meaning of section 735(b)(1)(A)(ii) of the Act, by reason of less-than-
fair-value imports of bulk aspirin from the People's Republic of China 
(``PRC'').
    According to section 736(b)(2) of the Act, duties shall be assessed 
on subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the ITC's notice of 
final determination if that determination is based on the threat of 
material injury and is not accompanied by a finding that injury would 
have resulted without the imposition of suspension of liquidation of 
entries since the Department's preliminary determination. In addition, 
section 736(b)(2) of the Act requires the Customs Service to refund any 
cash deposits or bonds of estimated antidumping duties posted since the 
Department's preliminary antidumping determination if the ITC's final 
determination is threat-based.
    Because the ITC's final determination is based on the threat of 
material injury and is not accompanied by a finding that injury would 
have resulted but for the imposition of suspension of liquidation of 
entries since the Department's preliminary determination, section 
736(b)(2) of the Act is applicable to this order. Therefore, the 
Department will direct the Customs Service to assess, upon further 
advice, antidumping duties on all unliquidated entries of bulk aspirin 
from the PRC entered, or withdrawn from warehouse, for consumption on 
or after the date of publication of the ITC's notice of final 
determination of threat of material injury in the Federal Register and 
to terminate the suspension of liquidation for entries of bulk aspirin 
from the PRC entered, or withdrawn from warehouse, for consumption 
prior to that date. The Department will also instruct the Customs 
Service to refund any cash deposits made, or bonds posted, between the 
publication date of the Department's preliminary antidumping 
determination and the publication date of the ITC's final 
determination.
    On or after the date of publication of the ITC's notice of final 
determination in the Federal Register, Customs officers must require, 
at the same time as importers would normally deposit estimated duties, 
cash deposits for the subject merchandise equal to the weighted-average 
antidumping duty margins as noted below:

------------------------------------------------------------------------
                                                             Weighted-
                  Exporter/manufacturer                   average margin
                                                            percentage
------------------------------------------------------------------------
Shandong Xinhua Pharmaceutical Factory..................           16.51
Jilin Pharmaceutical Import and Export Corporation......           10.85
PRC-wide Rate...........................................          144.02
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
bulk aspirin from the PRC, pursuant to section 735(a) of the Act. 
Interested parties may contact the Central Records Unit, Room B-099 of 
the Main Commerce Building for copies of an updated list of antidumping 
duty orders currently in effect.
    This order is published in accordance with sections 736(a) and 19 
CFR 351.211.

    Dated: July 5, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-17515 Filed 7-10-00; 8:45 am]
BILLING CODE 3510-DS-P