[Federal Register Volume 67, Number 47 (Monday, March 11, 2002)]
[Notices]
[Pages 10892-10893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5777]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-852]


Creatine Monohydrate From the People's Republic of China; Final 
Results of Antidumping Duty Review

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

ACTION: Notice of final results of antidumping duty review.

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SUMMARY: On November 6, 2001, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on creatine monohydrate from the People's Republic of China. 
We gave interested parties an opportunity to comment. Based upon our 
analysis of the comments and information received, we have made changes 
to the margin calculations presented in the final results of the 
review. We find that creatine monohydrate from the People's Republic of 
China was not sold in the United States below normal value.

EFFECTIVE DATE: March 11, 2002.

FOR FURTHER INFORMATION CONTACT: Blanche Ziv, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 
482-4207.

SUPPLEMENTARY INFORMATION:

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. In addition, unless 
otherwise indicated, all citations to the Department of Commerce's 
(``the Department'') regulations are to 19 CFR part 351 (2000).

Background

    On November 6, 2001, the Department published in the Federal 
Register the preliminary results of its administrative review of 
creatine monohydrate (``creatine'') from the People's Republic of China 
(``PRC'') (Creatine Monohydrate from the People's Republic of China; 
Preliminary Results of Antidumping Duty Administrative Review, 66 FR 
56054 (November 6, 2001) (``Preliminary Results''). We received a case 
brief from the respondent, Blue Science International Trading 
(Shanghai) Co., Ltd. (``Blue Science''), on December 6, 2001. The 
petitioners did not submit a case brief.
    The Department has now completed the antidumping duty 
administrative review in accordance with section 751 of the Act.

Scope of Order

    The product covered by this order is creatine monohydrate, which is 
commonly referred to as ``creatine.'' The chemical name for creatine 
monohydrate is N-(aminoiminomethyl)-N-methylglycine monohydrate. The 
Chemical Abstracts Service (``CAS'') registry number for this product 
is 6020-87-7. Creatine monohydrate in its pure form is a white, 
tasteless, odorless powder, that is a naturally occurring metabolite 
found in muscle tissue. Creatine monohydrate is provided for in 
subheading 2925.20.90 of the Harmonized Tariff Schedule of the United 
States (``HTSUS''). Although the HTSUS subheading and the CAS registry 
number are provided for convenience and customs purposes, the written 
description of the scope of this proceeding is dispositive.

Period of Review

    The period of review (``POR'') is from July 30, 1999 through 
January 31, 2001.

Comparisons

    We calculated export price and normal value based on the same 
methodology used in the Preliminary Results with the following 
exceptions:
     We have valued certain inputs using domestic prices in 
India rather than import prices;
     We have corrected a ministerial error made in valuing one 
input.

Analysis of Comments Received

    All issues raised in Blue Science's case brief are addressed in the 
March 6, 2002, Issues and Decision Memorandum (``Decision Memorandum'') 
which is hereby adopted by this notice. Attached to this notice as an 
appendix is a list of the issues which Blue Science has raised and to 
which we have responded in the Decision Memorandum. Parties can find a 
complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum which is on 
file in the Central Records Unit, Room B-099 of the Department. In 
addition, a complete version of the Decision Memorandum can be accessed 
directly on the Web at http://ia.ita.doc.gov/frn/summary/list.htm. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Final Results of the Review

    We will instruct the Customs Service to liquidate entries of the 
subject

[[Page 10893]]

merchandise from Blue Science during the period July 30, 1999 through 
January 31, 2001 without regard to antidumping duties. All other 
entries of the subject merchandise during the POR will be liquidated at 
the antidumping rate in place at the time of entry.
    Furthermore, the following deposit rates will be effective upon 
publication of these final results for all shipments of creatine from 
the PRC entered, or withdrawn from warehouse, for consumption on or 
after the publication date, as provided for by section 751(a)(1) of the 
Act: (1) For Blue Science, which has a separate rate, no antidumping 
duty deposit will be required; (2) for a company previously found to be 
entitled to a separate rate and for which no review was requested, the 
cash deposit rate will be the rate established in the most recent 
review of that company; (3) for all other PRC exporters the cash 
deposit rate will be 128.63 percent, the PRC-wide rate established in 
the less than fair value (``LTFV'') investigation; and (4) for non-PRC 
exporters of subject merchandise from the PRC, the cash deposit rate 
will be the rate applicable to the PRC supplier of that exporter. These 
deposit rates shall remain in effect until publication of the final 
results of the next administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and the terms of an APO is a sanctionable 
violation.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 6, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix

List of Comments in the Issues and Decision Memorandum

    Comment 1: Use of Import Prices v. Domestic Prices in India to 
Value Certain Inputs
    Comment 2: Adjusting CIF Import Values to Remove International 
Freight
    Comment 3: Correction of Ministerial Error
[FR Doc. 02-5777 Filed 3-8-02; 8:45 am]
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