[Federal Register Volume 72, Number 175 (Tuesday, September 11, 2007)]
[Notices]
[Pages 51800-51801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17851]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-878]


Saccharin from the People's Republic of China: Final Results of 
the 2005-2006 Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 4, 2007, the Department of Commerce (``Department'') 
published Saccharin from the People's Republic of China: Preliminary 
Results of the 2005 2006 Antidumping Duty Administrative Review, 72 FR 
25247 (May 4, 2007) (``Preliminary Results''). The period of review 
(``POR'') is July 1, 2005, through June 30, 2006. The administrative 
review covers one respondent, Shanghai Fortune Chemical Co., Ltd. 
(``Shanghai Fortune'').
    We invited interested parties to comment on our Preliminary 
Results. Based on our analysis of the comments received, we made 
certain changes to our calculations. The final dumping margin for the 
administrative review is listed in the ``Final Results of the Review'' 
section, below.

EFFECTIVE DATE: September 11, 2007.

FOR FURTHER INFORMATION CONTACT: Frances Veith or Blanche Ziv, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th St. and Constitution 
Avenue, NW, Washington, DC 20230; telephone: (202) 482-4295 or (202) 
482-4207, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 4, 2007, the Department published the Preliminary Results of 
the 2005-2006 administrative review of the antidumping duty order on 
saccharin from the People's Republic of China (``PRC''). Since the 
publication of the Preliminary Results, the following events have 
occurred.
    On May 24, 2007, the Department received a submission on surrogate 
value data from Shanghai Fortune.\1\ In the Preliminary Results, we 
stated that any interested party may request a hearing and may submit 
briefs or written comments within 30 days of publication of the 
Preliminary Results notice in the Federal Register, and may submit 
rebuttal briefs, limited to the issues raised in the case briefs, five 
days subsequent to the due date of the case briefs. See Preliminary 
Results, 72 FR at 25252. On June 4, 2007, the Department received a 
case brief from Shanghai Fortune.\2\ However, we did not receive any 
hearing requests or rebuttal briefs on the Preliminary Results.
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    \1\ See Letter from Shanghai Fortune regarding, ``Saccharin from 
the People's Republic of China: Submission of Publicly Available 
Data For Use As Surrogate Values,'' dated May 24, 2007.
    \2\ See Letter from Shanghai Fortune regarding, ``Saccharin from 
the People's Republic of China: Case Brief of Shanghai Fortune 
Chemical Company, Ltd.,'' dated June 4, 2007.
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    We conducted this review in accordance with sections 751 and 
777(i)(1) of the Tariff Act of 1930, as amended (``the Act''), and 19 
CFR 351.213 and 351.221.

Period of Review

    The POR is July 1, 2005, through June 30, 2006.

Scope of the Order

    The product covered by this antidumping duty order is saccharin. 
Saccharin is defined as a non-nutritive sweetener used in beverages and 
foods, personal care products such as toothpaste, table top sweeteners, 
and animal feeds. It is also used in metalworking fluids. There are 
four primary chemical compositions of saccharin: (1) Sodium saccharin 
(American Chemical Society Chemical Abstract Service (``CAS'') Registry 
128-44-44); (2) calcium saccharin (CAS Registry 6485-34-34); (3) acid 
(or insoluble) saccharin (CAS Registry 81-07-07); and (4) research 
grade saccharin. Most of the U.S.-produced and imported grades of 
saccharin from the PRC are sodium and calcium saccharin, which are 
available in granular, powder, spray-dried powder, and liquid forms. 
The merchandise subject to this order is currently classifiable under 
subheading 2925.11.00 of the Harmonized Tariff Schedule of the United 
States (``HTSUS'') and includes all types of saccharin imported under 
this HTSUS subheading, including research and specialized grades. 
Although the HTSUS subheading is provided for convenience and customs 
purposes, the Department's written description of the scope of this 
order remains dispositive.

Analysis of Comments Received

    All issues raised in the case brief filed by Shanghai Fortune in 
this review are addressed in the Memorandum from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration, ``Issues and 
Decision Memorandum for the 2005-2006 Administrative Review of 
Saccharin From the People's Republic of China,'' dated concurrently 
with this notice (``Issues and Decision Memo''), which is hereby 
adopted by this notice. A list of the issues raised by Shanghai Fortune 
and to which we have responded in the Issues and Decision Memo follows 
as an appendix to this notice. The Issues and Decision Memo is a public 
document which is on file in the Central Records Unit (``CRU'') in room 
B-099 of the main Department building, and is also accessible on the 
Web at <http://ia.ita.doc.gov/frn/>. The paper copy and electronic 
version of the Issues and Decision Memo are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received from Shanghai Fortune 
and information on the record of this review, we made changes to the 
margin calculations as noted below.
    For the final results, we have made changes to the surrogate values 
for aqueous ammonia and steam coal. For further details, see the Issue 
and Decision Memo at Comments 1 and 3, the Shanghai Fortune Analysis 
Memo\3\ and the Final Surrogate Value Memo.\4\
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    \3\ See Memorandum to the file through Blanche Ziv, Program 
Manager, NME Group/Office 8, Import Administration, from Ann 
Fornaro, International Trade Analyst, NME Group/Office 8, Import 
Administration, regarding, ``Analysis for the Final Results of the 
2005-2006 Administrative Review of the Antidumping Duty Order on 
Saccharin from the People's Republic of China: Shanghai Fortune 
Chemical Co., Ltd.,'' dated concurrently with this notice 
(``Shanghai Fortune Analysis Memo'').
    \4\ See Memorandum to the file through Blanche Ziv, Program 
Manager, AD/CVD Operations, Office 8, from Frances Veith, 
International Trade Compliance Analyst, AD/CVD Operations, Office 8, 
regarding, ``2005-2006 Antidumping Duty Order Administrative Review 
of Saccharin from the People's Republic of China: Surrogate Values 
for the Final Results,'' dated concurrently with this notice 
(``Final Surrogate Value Memo'').

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[[Page 51801]]

Final Results of the Review

    We determine that the final weighted-average dumping margin for 
Shanghai Fortune for the period July 1 2005, through June 30, 2006, is 
zero percent. The Department will disclose calculations performed for 
the final results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).

Assessment Rates

    The Department has determined, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries covered by this review. The Department intends to 
issue assessment instructions to CBP 15 days after publication of the 
final results of the review. In accordance with 19 CFR 351.212(b)(1), 
for Shanghai Fortune, we calculated an exporter/importer (or customer)-
specific assessment rate for the merchandise subject to this review. We 
calculated a per-unit assessment rate by aggregating the antidumping 
duties due for all U.S. sales to each importer (or customer) and 
dividing this amount by the total quantity sold to that importer (or 
customer). See 19 CFR 351.212(b)(1). Where an importer's ad valorem 
rate or a customer-specific per-unit rate is zero or de minimis, we 
will instruct CBP to liquidate appropriate entries without regard to 
antidumping duties. See 19 CFR 351.106(c)(2).

Cash-Deposit Requirements

    The following cash deposit rates will be effective upon publication 
of the final results of this administrative review for all shipments of 
the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the publication date, as provided for by 
section 751(a)(2)(C) of the Act: (1) the cash deposit rate for Shanghai 
Fortune, which has a separate rate, is zero percent; (2) the cash 
deposit rate for previously investigated or reviewed PRC and non-PRC 
exporters who received a separate rate in a prior segment of the 
proceeding (which were not reviewed in this segment of the proceeding) 
will continue to be the rate assigned in that segment of the 
proceeding; (3) the cash deposit rate for all PRC exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be the PRC-wide rate of 329.33 percent; and 
(4) the cash deposit rate for all non-PRC exporters of subject 
merchandise which have not received their own rate, will be the rate 
applicable to the PRC exporters that supplied that non-PRC exporter. 
These requirements shall remain in effect until further notice.

Notification to Interested Parties

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Pursuant to 19 CFR 
351.402(f)(3), 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.
    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO, in accordance with 19 CFR 351.305 and as explained in the APO 
itself. 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.
    This notice of final results of the administrative review is issued 
and published in accordance with sections 751(a)(1) and 777(i)(1) of 
the Act.

    Dated: September 4, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Issues and Decisions Memorandum

Comment 1 Valuation of Aqueous Ammonia
Comment 2 Valuation of Sulfur Dioxide
Comment 3 Valuation of Steam Coal
[FR Doc. E7-17851 Filed 9-10-07; 8:45 am]
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