[Federal Register Volume 69, Number 248 (Tuesday, December 28, 2004)]
[Notices]
[Pages 77726-77727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3829]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-853


Notice of Final Results of Changed Circumstances Review and 
Revocation of 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 Final Results of Changed Circumstances Review and 
Revocation of the Antidumping Duty Order.

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SUMMARY: On June 24, 2004, the Department of Commerce published a 
notice of initiation and preliminary results of changed circumstances 
review and intent to revoke the antidumping duty order on bulk aspirin 
from the People's Republic of China (69 FR 35286). We gave interested 
parties an opportunity to comment on the preliminary results. Based on 
our analysis of the comments received, we intend to revoke this order 
effective July 1, 2003, the earliest date for which entries of bulk 
aspirin have not been subject to an administrative review.

EFFECTIVE DATE: December 28, 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 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''), a U.S. importer of 
bulk aspirin and an interested party in this proceeding, requested that 
the Department conduct a changed circumstances review for the purpose 
of revoking the antidumping duty order on bulk aspirin from the PRC. 
According to Bimeda, Rhodia, Inc. (``Rhodia''), the 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. (See 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, 69 FR 35286 (June 24, 2004) (``Preliminary 
Results'')).
    In response to a request from the Department, on May 25, 2004, 
Rhodia 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.
    On June 17, 2004, Bimeda submitted additional information to 
support its request for a changed circumstances review. Bimeda asserted 
that it purchases only veterinary-grade bulk aspirin from Rhodia. 
According to Bimeda, Rhodia confirmed via a phone call to Bimeda's 
sales personnel that U.S.-produced subject merchandise was still being 
liquidated out of inventory, but not veterinary-grade aspirin. Bimeda 
further asserted that the changed circumstances review was still 
warranted and requested revocation of the order in full or 
alternatively, to exclude veterinary-grade bulk aspirin from the scope 
of the order.
    Based on Bimeda's April 30, 2004, submission and Rhodia's May 25, 
2004, submission, the Department initiated this changed circumstances 
review and issued preliminary results on June 24, 2004. Since the 
publication of the Preliminary Results of this review the following 
events have occurred:
    We invited parties to comment on the Preliminary Results. On July 
26, 2004, Perrigo Company (``Perrigo''), an importer of bulk aspirin 
from the PRC, Bimeda, Rhodia, and Shandong Xinhua Pharmaceutical Co., 
Ltd. (``Shandong''), a Chinese producer and exporter of bulk aspirin 
from the PRC and a respondent in the original investigation, submitted 
comments on the Preliminary Results. No rebuttal comments were 
submitted, nor was a public hearing held.

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.

Analysis of Comments Received

    We have addressed the comments of the parties in the ``Issues and 
Decision Memorandum'' from Barbara E. Tillman, Acting Deputy Assistant 
Secretary, Import Administration to James J. Jochum, Assistant 
Secretary, Import Administration, dated December 9, 2004 (``Decision 
Memorandum''), which is on file in the Department's Central Records 
Unit (``CRU'') in room B-099 of the main Department building. In 
addition, a complete version of the Decision Memorandum can be accessed 
directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and 
electronic version of the Decision Memorandum are identical in content.

Final Results of Changed Circumstances Review and Revocation of the 
Antidumping Duty Order

    Pursuant to sections 751(b) and (d) and 782(h) of Tariff Act of 
1930, as amended (``the Act''), as well as 19 C.F.R 351.222(g) of the 
Department's regulations, and consistent with the Preliminary Results, 
we determine that the continued relief provided by the order with 
respect to bulk aspirin from the PRC is no longer of interest to the

[[Page 77727]]

domestic interested party in this proceeding. See Decision Memorandum 
at Comment 1. The Department also determines that the effective date of 
revocation for this order is July 1, 2003, the earliest date for which 
entries of bulk aspirin have not been subject to an administrative 
review. See Decision Memorandum at Comment 2.

Instructions to U.S. Customs and Border Protection

    In accordance with section 351.222 of the Department's regulations, 
the Department will instruct U.S. Customs and Border Protection 
(``CBP'') to terminate the suspension of liquidation and to liquidate, 
without regard to antidumping duties, all unliquidated entries of bulk 
aspirin from the PRC, entered, or withdrawn from warehouse, for 
consumption on or after July 1, 2003, the effective date of the 
revocation of the order. The Department will further instruct CBP to 
refund with interest any estimated duties collected with respect to 
unliquidated entries of bulk aspirin from the PRC entered, or withdrawn 
from warehouse, for consumption on or after July 1, 2003, in accordance 
with section 778 of the Act.
    The Department will issue the appropriate instructions directly to 
CBP within 15 days of publication of these final results of review.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO's'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), 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 the terms of an APO is a 
sanctionable violation.
    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: December 15, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. E4-3829 Filed 12-27-04; 8:45 am]
BILLING CODE 3510-DS-S