[Federal Register Volume 69, Number 204 (Friday, October 22, 2004)]
[Notices]
[Pages 62025-62026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2803]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-853]


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

AGENCY:  Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY:  On August 24, 2004, the United States Court of International 
Trade issued an amendment to its order, clarifying a June 29, 2004, 
decision regarding liquidation of entries of bulk aspirin from the 
People's Republic of China. 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 of the Court's amendment.

DATES:  Effective October 22, 2004.

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

SUPPLEMENTARY INFORMATION:

Background

    On June 29, 2004, the United States Court of International Trade 
(``CIT'') issued its decision to invalidate certain sets of liquidation 
instructions issued by the Department of Commerce (``the Department'') 
in the antidumping proceeding covering entries of bulk aspirin from the 
People's Republic of China (``PRC''). See Jilin Henghe Pharmaceutical 
Co. and Jilin Pharmaceutical USA v. United States, Consol. Court No. 
04-00151, Slip. Op. 04-77 (CIT 2004) (``Jilin Henghe'').
    Pursuant to Timken, on July 9, 2004, the Department published a 
notice of the CIT's decision in the Federal Register. See Bulk Aspirin 
from the People's Republic of China: Notice of Court Decision and 
Suspension of Liquidation, 69 FR 41458 (July 9, 2004).
    On August 24, 2004, the CIT issued an amendment to its order to 
clarify that entries of bulk aspirin that (1) were manufactured and 
exported to the United States by Jilin Henghe Pharmaceutical Co. Ltd. 
(``Jilin'') and imported by Jilin Pharmaceutical USA (``Jilin USA''); 
and (2) were entered, or withdrawn from warehouse, for consumption 
during the time period of July 1, 2002, through September 29, 2002, or 
entered pursuant to Customs number D09-0929517-8, shall be liquidated 
in accordance with the Court's decision in Rhodia Inc. v. United 
States, 240 F. Supp. 2d 1247 (CIT 2002).

Timken Notice

    In its decision in Timken, the Federal Circuit held that, pursuant 
to section 516A(c)(1) and (e) of the Tariff Act of 1930 (``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 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), 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), or 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). 
Therefore, publication of this notice fulfills the statutory 
obligation.

Suspension of Liquidation

    This notice will serve to continue the suspension of liquidation 
pending a final decision by the Federal Circuit. The Department will 
instruct Customs and Border Protection to continue to

[[Page 62026]]

suspend entries of bulk aspirin from the PRC that: (1) Were produced 
and exported by Jilin, and imported by Jilin USA; (2) were entered, or 
withdrawn from warehouse, for consumption from July 1, 2002, through 
September 29, 2002, or entered pursuant to Customs number D09-0929517-
8. The Department will issue liquidation instructions covering these 
entries when there is a final decision by the Federal Circuit.

    Dated: October 18, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
 [FR Doc. E4-2803 Filed 10-21-04; 8:45 am]
BILLING CODE 3510-DS-P