[Federal Register Volume 68, Number 49 (Thursday, March 13, 2003)]
[Notices]
[Pages 12036-12037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6088]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-853]


Notice of Amended Final Results of Antidumping Duty 
Administrative Review: Bulk Aspirin from the People's Republic of China

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

ACTION: Notice of amended final results of antidumping duty 
administrative review.

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EFFECTIVE DATE: March 13, 2003.

FOR FURTHER INFORMATION CONTACT: Julie Santoboni or Cole Kyle, Office 
1, AD/CVD Enforcement, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington DC 20230; telephone (202) 482-4194 
or (202) 482-1503, respectively.

Scope of Review

    The product covered by this review 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 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 bulk 
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.

Amended Final Results

    On February 4, 2003, the Department of Commerce (``the 
Department'') determined that bulk aspirin from the People's Republic 
of China (``PRC'') is not being sold in the United States at less than 
normal value, as provided in section 751(a) of the Tariff Act of 1930, 
as amended (``the Act''). See Bulk Aspirin from the People's Republic 
of China; Final Results of Antidumping Duty Administrative Review 
(``Final Results''), 68 FR 6710 (February 10, 2003). On February 7 and 
10, 2003, Shandong Xinhua Pharmaceutical Co., Ltd. (``Shandong'') and 
Rhodia, Inc. (``petitioner''), respectively, filed timely ministerial 
error allegations pursuant to 19 CFR 351.224(c)(2). On February 12, 
2003 the petitioner filed a reply to Shandong's allegation and on 
February 18, 2003, Shandong filed a response to the petitioner's 
February 12, 2003 submission. The other respondent in this review, 
Jilin Henghe Pharmaceutical Company Ltd. (``Jilin''), did not file a 
ministerial error allegation.
    The petitioner contends that the Department incorrectly rounded one 
of the surrogate values for caustic soda, incorrectly deducted taxes 
from the domestic price of acetic acid sold on the Mumbai Dyes Market 
and assigned the incorrect surrogate labor value for packing labor in 
Jilin's normal value calculations. The petitioner also alleges that the 
Department overstated the excise and sales taxes for all domestic 
values because the deduction of taxes from the International Chemical 
Weekly (``ICW'') domestic prices was based on the gross price, when 
instead it should have been based on the before-tax price. Furthermore 
the petitioner asserts that the Department did not calculate a portion 
of the normal value build up associated with one of the inputs. Neither 
Shandong nor Jilin responded to petitioner's comments.
    Shandong contends that the Department incorrectly used a single 
surrogate value for virgin acetic acid to value all the acetic acid 
inputs in its calculation of the cost of acetic anhydride production, 
when instead it should have valued the virgin and recovered acetic acid 
separately. The petitioner contends that the Department correctly 
applied the surrogate value of virgin acetic acid to the full quantity 
of acetic acid used in the production process and that Shandong ignores 
the distinction between ``recovered'' acetic acid and ``recycled'' or 
``reused'' acetic acid. In its response to the petitioner's comments, 
Shandong argues that recovered, recycled and reused acetic acid are 
identical and should have the same value.
    In accordance with section 735(e) of the Act, we have determined 
that certain ministerial errors were made in our final results margin 
calculations. Specifically we find that the incorrect calculation of 
certain taxes from the ICW domestic prices and the incorrect surrogate 
value of Jilin's packing labor constitute clerical errors. For a 
detailed discussion of all of the ministerial error allegations and the 
Department's analysis, see Memorandum to Susan Kuhbach, ``Antidumping 
Duty Administrative Review of Bulk Aspirin from the People's Republic 
of China; Allegations of Ministerial Errors' dated March 5, 2003, which 
is on file in the Central Records Unit, room B-099 of the main 
Department building.
    In accordance with 19 CFR 351.224(e), we are amending the final 
results of the antidumping duty administrative review of bulk aspirin 
from the PRC to correct these ministerial errors. However, the amended 
weighted-average margins are identical to the weighted-average margins 
in the final results (see Final Results). The weighted-average dumping 
margins for Jilin and Shandong are listed below:

------------------------------------------------------------------------
                                  Original weighted-    Amended results
  Producer/manfacturer/exporter     average margin     weighted-average
                                      percentage       margin percentage
------------------------------------------------------------------------
Jilin Henghe Pharmaceutical       0.04 (de minimis).  0.04 (de minimis)
 Company Ltd..
Shandong Xinhua Pharmaceutical    0.00..............  0.00
 Co., Ltd..
------------------------------------------------------------------------


[[Page 12037]]

Cash Deposit Rates

    The following antidumping duty deposits will be required on all 
shipments of bulk aspirin from the PRC entered, or withdrawn from 
warehouse, for consumption, effective on or after the publication date 
of the amended final results of this administrative review, as provided 
by section 751(a)(1) of the Act: (1) For Shandong and Jilin, no 
antidumping duty deposit will be required; (2) for merchandise exported 
by manufacturers or exporters not covered in this review but covered in 
the original less-than-fair-value investigation or a previous review, 
the cash deposit will continue to be the most recent rate published in 
the final determination or final results for which the manufacturer or 
exporter received an individual rate; (3) if the exporter is not a firm 
covered in this review, the previous review, or the original 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and (4) if neither the exporter nor the manufacturer 
is a firm covered in this or any previous reviews, the cash deposit 
rate will be 144.02 percent, the ``all others'' rate established in the 
less-than-fair-value investigation.
    These cash deposit requirements, when imposed, shall remain in 
effect until publication of the final results of the next 
administrative review.

Assessment Rates

    Absent an injunction from the U.S. Court of International Trade, 
the Department will issue appropriate assessment instructions directly 
to the Customs Service within 15 days of publication of these amended 
final results of review.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 771(i)(1) of the Act.

    Dated: March 6, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-6088 Filed 3-12-03; 8:45 am]
BILLING CODE 3510-DS-P