[Federal Register Volume 68, Number 156 (Wednesday, August 13, 2003)]
[Notices]
[Pages 48337-48338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20663]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-853]


Bulk Aspirin from the People's Republic of China; Final Results 
of Antidumping Duty Administrative 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 April 9, 2003, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on bulk aspirin from the People's Republic of China. We gave 
interested parties an opportunity to comment on the preliminary 
results. Based upon our analysis of the comments received, we have made 
changes to the margin calculations presented in the final results of 
the review. We find that bulk aspirin from the People's Republic of 
China was not sold in the United States below normal value during the 
period of review.

EFFECTIVE DATE: August 13, 2003.

FOR FURTHER INFORMATION CONTACT: Julie Santoboni or Blanche Ziv, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th and Constitution Avenue, NW, Washington, DC 20230; 
telephone (202) 482-4194 or (202) 482-4207, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 9, 2003, the Department of Commerce (``the Department'') 
published in the Federal Register the preliminary results of its 
administrative review of bulk acetylsalicylic acid, commonly referred 
to as bulk aspirin, from the People's Republic of China (``PRC'') (Bulk 
Aspirin from the People's Republic of China: Preliminary Results of 
Antidumping Duty Administrative Review, 68 FR 17343 (April 9, 2003) 
(``Preliminary Results'')).
    Since the Preliminary Results, the following events have occurred: 
We received case briefs from Rhodia, Inc. (the ``petitioner'') and 
Jilin Henghe Pharmaceutical Company, Ltd., (``Jilin''), on May 9, 2003. 
We received rebuttal briefs from Jilin and Shandong Xinhua 
Pharmaceutical Co., Ltd. (``Shandong'') on May 16, 2003.
    The Department has now completed this antidumping duty 
administrative review in accordance with section 751 of the Tariff Act 
of 1930, as amended (the ``Act'').

Scope of Order

    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 C[bdi9]H[bdi8]O[bdi4]. 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.

Period of Review

    The period of review (``POR'') is July 1, 2001, through June 30, 
2002.

Comparisons

    We calculated export price, constructed export price and normal 
value based on the same methodology used in the Preliminary Results 
with the following exceptions:

[[Page 48338]]

[sbull] We corrected a ministerial error in the calculation of the 
surrogate overhead and SG&A ratios.
[sbull] We revised the surrogate value for inland truck transportation 
using the updated data available.
[sbull] We valued sulfuric acid using a surrogate value for sulfuric 
acid rather than a constructed value.
    For a complete discussion of these changes see the August 7, 2003, 
``Issues and Decision Memorandum for the Final Results of the 
Antidumping Duty Administrative Review of Bulk Aspirin from the 
People's Republic of China'' (``Decision Memorandum''), the August 7, 
2003, company-specific calculation memorandum, and the August 7, 2003, 
Factors of Production Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Decision Memorandum which is hereby adopted by this notice. 
Attached to this notice as an appendix is a list of the issues which 
the parties have 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 Review

    We determine that the following dumping margins exist for the 
period July 1, 2001, through June 30, 2002:

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                 Exporter/manufacture                              Weighted-average margin percentage
----------------------------------------------------------------------------------------------------------------
Shandong Xinhua Pharmaceutical Co., Ltd...............                                                      0.00
Jilin Henghe Pharmaceutical Company Ltd...............                                                      0.00
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Assessment Rates

    In accordance with 19 CFR 351.212(b)(1), we have calculated 
importer (or customer)-specific assessment rates for the merchandise 
subject to this review. To determine whether the duty assessment rates 
were de minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), we calculated importer (or customer)-specific ad valorem 
rates by aggregating the dumping margins calculated for all U.S. sales 
to that importer (or customer) and dividing this amount by the total 
value of the sales to that importer (or customer). Where an importer 
(or customer)-specific ad valorem rate was greater than de minimis, we 
calculated a per unit assessment rate by aggregating the dumping 
margins calculated for all U.S. sales to that importer (or customer) 
and dividing this amount by the total quantity sold to that importer 
(or customer). Where an importer (or customer )-specific ad valorem 
rate was de minimis, we will order the Customs Service to liquidate 
without regard to antidumping duties.
    All other entries of the subject merchandise during the POR will be 
liquidated at the antidumping duty rate in place at the time of entry.
    The Department will issue appropriate assessment instructions 
directly to the U.S. Bureau of Customs and Border Protection (BCBP) 
Service within 15 days of publication of these final results of review.

Cash Deposit Requirements

    The following deposit rates will be effective upon publication of 
these final results for all shipments of bulk aspirin from the PRC 
entered, or withdrawn from warehouse, for consumption on or after the 
publication date of this notice, as provided for by section 751(a)(1) 
of the Act: (1) for Shandong and Jilin, which have separate rates, 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 144.02 percent, the PRC-wide rate established 
in the less than fair value 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.

Notification to Importers

    This notice 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 doubled antidumping duties.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. 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 terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections section 751(a)(1) and 777(i) of the Act.

    Dated: August 7, 2003.
James J. Jochum,
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 
Phenol
Comment 2: Adjustment of Overhead and SG&A Ratios to Account for 
Different Levels of Integration
Comment 3: Removal of Excise Tax from Alta's Reported Material Costs 
for the Calculation of Overhead and SG&A Ratios
Comment 4: Other Adjustment to the Overhead and SG&A Ratios
[FR Doc. 03-20663 Filed 8-12-03; 8:45 am]
BILLING CODE 3510-DS-S