[Federal Register Volume 74, Number 140 (Thursday, July 23, 2009)]
[Notices]
[Pages 36456-36457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17576]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-878]


Saccharin from the People's Republic of China: Notice of 
Initiation of Changed Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has received 
information sufficient to warrant initiation of a changed circumstances 
review of the antidumping duty order on saccharin from the People's 
Republic of China (``PRC''). Based upon a request filed by PMC 
Specialties Group, Inc. (``PMCSG''), the Department is initiating a 
changed circumstances review to determine whether the domestic industry 
is in fact no longer interested in this order and to potentially revoke 
the antidumping duty order in this proceeding.

EFFECTIVE DATE: July 23, 2009.

FOR FURTHER INFORMATION CONTACT: Giselle Cubillos or Charles Riggle, 
AD/CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1778 and (202) 482-0650, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 9, 2003, the Department published in the Federal Register 
an antidumping duty order on saccharin from the PRC.\1\ On June 8, 
2009, the Department published the continuation of antidumping duty 
order on saccharin from the PRC.\2\ On June 4, 2009, the Department 
received a request on behalf of PMCSG for a changed circumstances 
review to revoke the antidumping duty order on saccharin from the PRC. 
As part of its submission, PMCSG requested that the Department combine 
the notice of initiation with a preliminary determination to revoke the 
Saccharin Order. On July 9, 2009, the Department received a letter 
opposing the request for a changed circumstances review from Kinetic 
Industries (``Kinetic'').\3\ Kinetic claimed that it produces saccharin 
through a third party toller in the United States and that both 
parties, Kinetic and its toll producer, are interested parties as 
domestic producers of saccharin. Both Kinetic and its toll producer 
requested that the Department not issue an expedited preliminary 
determination in this changed circumstances review.
---------------------------------------------------------------------------

    \1\ See Notice of Antidumping Duty Order: Saccharin from the 
People's Republic of China, 68 FR 40906 (June 9, 2003) (``Saccharin 
Order'').
    \2\ See Continuation of Antidumping Duty Order on Saccharin from 
the People's Republicof China, 74 FR 27089 (June 8, 2009).
    \3\ Although Kinetic filed a letter opposing PMCSG's request for 
changed circumstances review on July 2, 2009, the Department 
rejected that letter because it did not contain the appropriate 
certifications. The Department requested that Kinetic re-file its 
submission by July 10, 2009. On July 9, 2009, Kinetic refiled its 
submission with the appropriate certifications.
---------------------------------------------------------------------------

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 
128-44-9); (2) calcium saccharin (CAS Registry 6485-34-3); (3) acid (or 
insoluble) saccharin (CAS Registry 81-07-2); 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.

Initiation of Changed Circumstances Review

    Pursuant to section 751(d) of the Tariff Act of 1930, as amended 
(the ``Act''), the Department may revoke an antidumping or 
countervailing duty order, in whole or in part, based on a review under 
section 751(b) of the Act (i.e., a changed circumstances review) where 
the Department determines that producers accounting for substantially 
all of the production of the domestic like product have expressed a 
lack of interest in the continuance of an order. Section 751(b)(1) of 
the Act requires a changed circumstances review to be conducted upon 
receipt of information concerning, or a request from an interested 
party for a review of, an antidumping duty order, which shows changed 
circumstances sufficient to warrant a review of the order. 
Additionally, section 751(b)(4) of the Act and 19 CFR 351.216(c) state 
that the Department shall not conduct a review less than 24 months 
after the date of publication of notice of the final determination in 
the original investigation. As noted above, PMCSG filed its request for 
a changed circumstances review on June 4, 2009, well over 24 months 
after the publication of the final determination

[[Page 36457]]

and order. See Saccharin Order. The Department has determined that the 
request submitted by PMCSG is sufficient to warrant a changed 
circumstances review.
    In accordance with sections 751(d)(1) and 782(h)(2) of the Act, and 
19 CFR 351.216 and 351.222(g), a domestic producer of the like product, 
PMCSG, claims changed circumstances exist and has made an affirmative 
statement that no further interest exists in continuing the order on 
saccharin. PMCSG further alleges that it represents 100 percent of the 
domestic industry and that it accounts for all of the production of the 
domestic like product to which the order pertains. Based upon the 
statement of no interest by PMCSG, the Department has determined that 
there is sufficient information to conduct a changed circumstances 
review. However, in light of the opposition to the potential 
revocation, and Kinetic's claim to be a domestic producer of the like 
product, the Department does not have sufficient information on the 
record of this changed circumstances review to determine that PMCSG 
accounts for substantially all (i.e., at least 85 percent) of the 
production of the domestic like product. Accordingly, we are initiating 
a changed circumstances review, but will not conduct an expedited 
changed circumstances review and preliminary determination, pursuant to 
19 CFR 351.221(c)(3)(ii). The Department intends to issue 
questionnaires to Kinetic, the third party toller of Kinetic's 
saccharin, and PMCSG to solicit relevant information and fully evaluate 
the request to revoke the antidumping duty order on saccharin from the 
PRC as well as the arguments against this revocation.
    The Department will issue questionnaires requesting additional 
information for the review and will publish in the Federal Register a 
notice of the preliminary results of the antidumping duty changed 
circumstances review, in accordance with 19 CFR 351.221(b)(2) and (4), 
and 19 CFR 351.221(c)(3)(i). That notice will set forth a description 
of any action proposed. Pursuant to 19 CFR 351.221(b)(4)(ii), 
interested parties will have an opportunity to comment on the 
preliminary results of review. In accordance with 19 CFR 351.216(e), 
the Department intends to issue the final results of its antidumping 
duty changed circumstances review not later than 270 days after the 
date on which this review is initiated.
    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Act and 19 CFR 351.216.

    Dated: July 15, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-17576 Filed 7-22-04; 8:45 am]
BILLING CODE 3510-DS-S