[Federal Register Volume 69, Number 121 (Thursday, June 24, 2004)]
[Notices]
[Pages 35286-35287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14359]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-853


Notice of Initiation and Preliminary Results of Changed 
Circumstances Review and Intent to Revoke the Antidumping Duty Order: 
Bulk Aspirin from the People's Republic of China

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

ACTION: Notice of initiation and preliminary results of changed 
circumstances review and intent to revoke order.

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SUMMARY: In accordance with 19 CFR 351.216(b), Bimeda, Inc., a U.S. 
importer of the subject merchandise and an interested party in this 
proceeding, filed a request for a changed circumstances review of the 
antidumping duty order on bulk aspirin from the People's Republic of 
China. In response to this request, the Department of Commerce is 
initiating a changed circumstances review and issuing a notice of 
preliminary intent to revoke the order on bulk aspirin from the 
People's Republic of China. Interested parties are invited to comment 
on these preliminary results.

EFFECTIVE DATE: June 24, 2004.

FOR FURTHER INFORMATION CONTACT: Scott Holland or Julie Santoboni, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone (202) 482-1279 or (202) 482-4194, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 11, 2000, the Department of Commerce (``the Department'') 
published an antidumping duty order on bulk aspirin from the People's 
Republic of China (``PRC''). See Notice of Antidumping Duty Order: Bulk 
Aspirin from the People's Republic of China, 65 FR 42673 (July 11, 
2000). On April 30, 2004, Bimeda, Inc. (``Bimeda''), an importer of 
bulk aspirin from the PRC and an interested party in this proceeding, 
requested that the Department revoke the antidumping duty order on bulk 
aspirin from the PRC through the initiation of a changed circumstances 
review.
    According to Bimeda, revocation is warranted because there is no 
longer a producer of bulk aspirin in the United States. Bimeda asserts 
that Rhodia, Inc., (``Rhodia''), the only petitioner in the original 
investigation and the only U.S. producer at the time the order was 
issued, closed its sole production facility related to the manufacture 
of bulk aspirin in the United States on or about December 20, 2002. 
Bimeda provided a press release, a news article, an excerpt from 
Rhodia's 2001 annual report to the Securities and Exchange Commission, 
and a product datasheet posted on Rhodia's corporate website to support 
its contention. Accordingly, Bimeda asserts that the order should be 
revoked effective as of the date the petitioner ceased manufacture of 
bulk aspirin in the United States (i.e., approximately December 20, 
2002).
    In response to a request from the Department, on May 25, 2004, 
Rhodia

[[Page 35287]]

stated that it had ceased production at its U.S. aspirin plant on 
February 28, 2003. Rhodia also indicated that it is still liquidating 
its inventory of bulk aspirin produced in the United States.

Scope of the 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 C9H8O4. It is defined by 
the official monograph of the United States Pharmacopoeia 23 (``USP''). 
It is currently classifiable 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 
aspirin and active substances as published in the Handbook of 
Nonprescription Drugs, eighth edition, American Pharmaceutical 
Association. This product is currently classifiable under HTSUS 
subheading 3003.90.0000.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the merchandise under 
review is dispositive.

Initiation of Changed Circumstances Review, Preliminary Results, and 
Intent to Revoke Antidumping Duty Order

    Pursuant to sections 751(d)(1) and 782(h)(2) of the Tariff Act of 
1930, as amended (``the Act''), the Department may revoke an 
antidumping or countervailing duty order based on a review under 
section 751(b) of the Act (i.e., a changed circumstances review). 
Section 751(b)(1) of the Act requires a changed circumstances review to 
be conducted upon receipt of a request which shows changed 
circumstances sufficient to warrant a review.
    Section 351.222(g) of the Department's regulations provides that 
the Department will conduct a changed circumstances review under 19 CFR 
351.216, and may revoke an order (in whole or in part), if it 
determines that producers accounting for substantially all of the 
production of the domestic like product to which the order (or the part 
of the order to be revoked) pertains have expressed a lack of interest 
in the relief provided by the order, in whole or in part, or if changed 
circumstances exist sufficient to warrant revocation. Furthermore, 19 
CFR 351.221(c)(3)(ii) permits the Department to combine the notice of 
initiation of a changed circumstances review and the notice of 
preliminary results in a single notice, if the Department concludes 
that expedited action is warranted.
    In this case, the Department finds that the information submitted 
provides sufficient evidence of changed circumstances to warrant a 
review. Therefore, in accordance with sections 751(d)(1) and 782 (h)(2) 
of the Act, and 19 CFR 351.216 and 351.222(g), based on the information 
provided by Bimeda, we are initiating this changed circumstances 
review. Furthermore, since the information on the record indicates 
there is no longer any evidence of U.S. production of the domestic like 
product, we determine that expedited action is warranted and we 
preliminarily find that the continued relief provided by the order with 
respect to bulk aspirin from the PRC is no longer of interest to the 
domestic interested party in these proceedings. Because we have 
concluded that expedited action is warranted, we are combining these 
notices of initiation and preliminary results. Therefore, we 
preliminarily find that the request from Bimeda meets all of the 
criteria under 19 CFR 351.222(g) and thus, we intend to revoke the 
order with respect to imports of bulk aspirin from the PRC.
    If the final revocation occurs, we intend to instruct U.S. Customs 
and Border Protection (``CBP'') to liquidate without regard to 
antidumping duties all unliquidated entries of bulk aspirin, and to 
refund any estimated antidumping duties collected on all entries of 
bulk aspirin entered, or withdrawn from warehouse, for consumption on 
or after July 1, 2003, the earliest date for which entries of bulk 
aspirin have not been subject to an administrative review. We will also 
instruct CBP to pay interest on such refunds with respect to the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after July 1, 2003, in accordance with section 778 of 
the Act. The current requirement for a cash deposit of estimated 
antidumping duties on bulk aspirin from the PRC will continue unless 
and until we publish a final decision to revoke.

Public Comment

    Any interested party may request a hearing within 30 days of 
publication of this notice. See 19 CFR 351.310(c). Any hearing, if 
requested, will be held 44 days after the date of publication of this 
notice, or the first working day thereafter. Interested parties may 
submit case briefs and/or written comments not later than 30 days after 
the date of publication of this notice. Rebuttal briefs and rebuttals 
to written comments, which must be limited to issues raised in such 
briefs or comments, may be filed not later than 37 days after the date 
of publication. All written comments shall be submitted in accordance 
with 19 CFR 351.303. Consistent with section 351.216(e), the Department 
will publish the final results of this changed circumstances review no 
later than 270 days after the date on which this review was initiated, 
or within 45 days if all parties agree to our preliminary finding.
    We are issuing and publishing this finding and notice in accordance 
with sections 751(b)(1) and 777(i)(1) of the Act and section 351.216 of 
the Department's regulations.

    Dated: June 18, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-14359 Filed 6-23-04; 8:45 am]
BILLING CODE 3510-DS-S