[Federal Register Volume 69, Number 131 (Friday, July 9, 2004)]
[Notices]
[Pages 41458-41459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15636]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-853]


Bulk Aspirin from the People's Republic of China: Notice of Court 
Decision and Suspension of Liquidation

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 29, 2004, the United States Court of International 
Trade issued a decision invalidating certain sets of liquidation 
instructions issued by the Department of Commerce in the antidumping 
proceeding covering entries of bulk aspirin from the People's Republic 
of China. Jilin Henghe Pharmaceutical Co. and Jilin Pharmaceutical USA 
v. United States, Consol. Court No. 04-00151, Slip. Op. 04-77 (CIT 
2004) (``Jilin Henghe''). Consistent with the decision of the United 
States Court of Appeals for the Federal Circuit in Timken Co. v. United 
States, 893 F.2nd 337 (Fed. Cir. 1990) (``Timken''), the Department is 
notifying the public that the Jilin Henghe decision was ``not in 
harmony'' with the Department's amended final determination, or its 
administrative reviews.

EFFECTIVE DATE: July 9, 2004.

FOR FURTHER INFORMATION CONTACT: Scott Holland or Julie Santoboni, AD/
CVD Enforcement Group I, Office 1, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., 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'') 
issued an antidumping duty order covering bulk aspirin from the 
People's Republic of China. Notice of Antidumping Duty Order: Bulk 
Aspirin From the People's Republic of China, 65 FR 42673 (July 11, 
2000). Jilin Pharmaceutical Company, now known as Jilin Henghe 
Pharmaceutical Company (``Jilin'') appealed the final determination and 
antidumping order, but did not obtain an injunction. Jilin 
Pharmaceutical Co., Ltd. v. United States, No. 00-08-00401, 
consolidated into Rhodia, Inc. v. United States, Consol. No. 00-08-
00407, 240 F. Supp. 2d 1247 (CIT 2002).
    Jilin requested and received an administrative review of the 
antidumping order covering its imports that had entered from July 6, 
2000 through June 30, 2001. Bulk Aspirin from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review 
and Changed Circumstances Review, 67 FR 51167 (August 7, 2002); Notice 
of Amended Final Results of Antidumping Duty Administrative Review: 
Bulk Aspirin from the People's Republic of China, 68 FR 12036 (March 
13, 2003) (``Amended First Review''). Similarly, for the second period 
of review, Jilin requested and received an administrative review of the 
antidumping duty order covering its imports that had entered from July 
1, 2001 through June 30, 2002. Bulk Aspirin from the People's Republic 
of China: Preliminary Results of Antidumping Duty Administrative 
Review, 68 FR 17343 (April 9, 2003); Notice of Amended Final Results of 
Antidumping Duty Administrative Review: Bulk Aspirin from the People's 
Republic of China, 68 FR 54890 (September 19, 2003) (``Amended Second 
Review'').
    The CIT affirmed the Department's Final Results of Redetermination 
on September 9, 2002. See Rhodia Inc. v. United States, 240 F. Supp. 2d 
1247 (CIT 2002) (``Rhodia II'').
    On September 30, 2002, Commerce published a notice of Court 
decision. Bulk Aspirin from the People's Republic of China: Notice of 
Court Decision and Suspension of Liquidation, 67 FR. 61315 (September 
30, 2002) (``Aspirin Timken''); see also Rhodia, Inc. v. United States, 
185 F. Supp. 2d 1343 (CIT 2001). As a result of the remand 
redetermination, Jilin Henghe was excluded from the antidumping order. 
See Redetermination Pursuant to Court Remand, Rhodia, Inc. v. United 
States and Jilin Pharmaceutical Co., Ltd.; Shandong Xinhua 
Pharmaceutical Factory, Ltd, Consol. Court No. 00-08-00407 (March 29, 
2002).
    The domestic producer, Rhodia, appealed this Court's decision to 
the United States Court of Appeals for the Federal Circuit (``Federal 
Circuit''). On October 14, 2003, the CIT's decision was affirmed by the 
Federal Circuit. See Rhodia Inc. v. United States, 2003 U.S. App. LEXIS 
21424 (Fed. Cir. Oct. 14, 2003) (Rhodia II aff'd without opinion). At 
the conclusion of the appeal, the Department published an amended final 
determination and an amended order which excluded Jilin from the 
antidumping duty order, effective September 30, 2002. Notice of Amended 
Final Determination and Amended Order Pursuant to Final Court Decision: 
Bulk Aspirin from the People's Republic of China, 68 FR 75208 (December 
30, 2003) (``Amended Final Determination and Order'').
    The domestic producer requested a review of Jilin's entries during 
the third period of review, but it subsequently withdrew its request 
for a review of Jilin. The Department rescinded the review with respect 
to Jilin. Bulk Aspirin from the People's Republic of China: Notice of 
Partial Rescission of Antidumping Duty Administrative Review, 69 FR 
5126 (February 3, 2004) (``Partial Rescission Notice''). Accordingly, 
the Department instructed U.S. Customs and Border Protection (``CBP'') 
to liquidate Jilin's entries from July 1, 2002 through September 29, 
2002 (i.e., from the beginning of the third administrative review 
period through the Department's publication of the Aspirin Timken) at 
the cash deposit rate required at the time of entry. Partial Rescission 
Notice at 5127.
    On April 14, 2004, Jilin and Jilin USA filed their complaint, 
challenging the Department's liquidation instructions to CBP that 
covered entries produced and exported by Jilin and imported by Jilin 
USA. On June 29, 2004, the CIT found that the instructions issued 
pursuant to

[[Page 41459]]

the Amended Final Determination and Order, the automatic liquidation 
instructions issued after the rescission of the third period of review 
with respect to Jilin, and the liquidation instructions issued pursuant 
to the first and second administrative reviews, were not in accordance 
with law, and ordered that any Jilin unliquidated entries of bulk 
aspirin be liquidated without regard to antidumping duties. See Jilin 
Henghe.

Timken Notice

    In its decision in Timken, the Federal Circuit held that, pursuant 
to 516a(c)(1) and (e) of the Act, the Department must publish notice of 
a decision of the CIT which is not in harmony with the Department's 
determination. The CIT's decision in Jilin Henghe was not in harmony 
with the Department's Amended Final Determination and Order, Amended 
First Review, or Amended Second Review. Therefore, publication of this 
notice fulfills the statutory obligation.

Suspension of Liquidation

    This notice will serve to continue the suspension of liquidation 
pending the expiration of the period to appeal the CIT's June 29, 2004, 
decision, or, if that decision is appealed, pending a final decision by 
the Federal Circuit. Because the CIT issued a temporary restraining 
order on April 27, 2004, which the CIT continued in a preliminary 
injunction, the Department will continue to suspend entries of bulk 
aspirin from the People's Republic of China that: (1) were produced and 
exported by Jilin, and imported by Jilin USA; (2) were entered or 
withdrawn from warehouse, for consumption, from July 6, 2000 through 
September 29, 2002; (3) were subject to the determinations in the 
Amended First Review, the Amended Second Review, and the Amended Final 
Determination and Order; and (4) remain unliquidated as of April 27, 
2004. The Department will issue liquidation instructions covering these 
entries if the CIT's decision is not appealed, or if it is affirmed on 
appeal.

    Dated: July 2, 2004.
Jeffrey A. May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 04-15636 Filed 7-8-04; 8:45 am]
BILLING CODE 3510-DS-S