[Federal Register Volume 74, Number 229 (Tuesday, December 1, 2009)]
[Notices]
[Pages 62745-62746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28776]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-878]


Saccharin From the People's Republic of China: Preliminary 
Results of Changed Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 23, 2009, the Department of Commerce (``the 
Department'') published in the Federal Register a notice of initiation 
of changed circumstances review for saccharin from the People's 
Republic of China (``PRC'') in response to a request on behalf of PMC 
Specialties Group, Inc. (``PMCSG'').\1\ The Department has 
preliminarily determined that there is insufficient evidence of changed 
circumstances to warrant revocation of this order.
---------------------------------------------------------------------------

    \1\ See Saccharin from the People's Republic of China: Notice of 
Initiation of Changed Circumstances Review, 74 FR 36456 (July 23, 
2009).

---------------------------------------------------------------------------
DATES: Effective Date: December 1, 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.\2\ On June 8, 
2009, the Department published in the Federal Register the notice of 
continuation of antidumping duty order on saccharin

[[Page 62746]]

from the PRC.\3\ 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. PMCSG claimed that, 
as the sole domestic producer of saccharin, it no longer had an 
interest in the Saccharin Order. As part of its submission, PMCSG 
requested that the Department combine the notice of initiation with the 
preliminary results to revoke the Saccharin Order.
---------------------------------------------------------------------------

    \2\ See Notice of Antidumping Duty Order: Saccharin from the 
People's Republic of China, 68 FR 40906 (June 9, 2003) (``Saccharin 
Order'').
    \3\ See Continuation of Antidumping Duty Order on Saccharin from 
the People's Republic of China, 74 FR 27089 (June 8, 2009).
---------------------------------------------------------------------------

    On July 9, 2009, the Department received a letter opposing the 
request for a changed circumstances review from Kinetic Industries 
(``Kinetic'').\4\ 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 results in this changed 
circumstances review.
---------------------------------------------------------------------------

    \4\ 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.
---------------------------------------------------------------------------

    On July 23, 2009, the Department published in the Federal Register 
a notice of initiation of changed circumstances review for saccharin 
from the PRC. On July 23, 2009, the Department also issued 
questionnaires to PMCSG, Kinetic, and Kinetic's toller to solicit 
relevant information and fully evaluate the request to revoke the 
Saccharin Order, as well as the arguments against revocation. On July 
24, 2009, the Department issued a letter to Kinetic and its toller 
notifying them that the Department could not grant proprietary 
treatment to the toll producer's name if the toll producer wished to be 
an interested party to the proceeding, and that, should the toller wish 
to continue as an interested party, the toller would need to submit a 
revised notice of appearance without its name bracketed. The toller did 
not submit a revised notice of appearance.
    On August 17, 2009, the Department received questionnaire responses 
from Kinetic and Kinetic's toller. The Department has not received any 
response from PMCSG. In addition, PMCSG indicated to the Department 
that it would not respond to the questionnaire.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum to The File, ``Changed Circumstances Review 
of Saccharin from the People's Republic of China: Phone Call to 
Wiley Rein LLP'' (August 28, 2009).
---------------------------------------------------------------------------

    On September 4, 2009, Kinetic submitted a letter urging the 
Department to issue an expedited negative preliminary results of the 
changed circumstances review and determine that domestic producers have 
affirmatively expressed an interest in maintaining the Saccharin Order. 
On October, 26 2009, PMCSG submitted a letter stating that it has 
determined not to respond to the Department's July 23, 2009, 
questionnaire, and that it is PMCSG's position that the record contains 
substantial evidence that it is a commercial producer and accounts for 
all U.S. production.

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.

Preliminary Results of Changed Circumstances Review

    In the five-year sunset review of this order the Department stated 
that ``PMCSG claimed interested party status under section 771(9)(C) of 
the Act as the sole domestic producer of saccharin in the United States 
and the petitioner in the original investigation,'' which was not 
contested.\6\ However, since PMCSG failed to respond to the 
Department's questionnaire in the instant review, the Department is 
unable to determine PMCSG's status as a producer of the domestic like 
product and whether it represents ``substantially all of the production 
of the domestic like product,'' as required under the Department's 
regulations governing revocation. See 19 CFR 51.222(g)(1)(i). 
Accordingly, we are notifying the public of our intent to not revoke 
the antidumping duty order as it relates to imports of saccharin.
---------------------------------------------------------------------------

    \6\ See Saccharin from the People's Republic of China: Notice of 
Final Results of Expedited Sunset Review of Antidumping Duty Order, 
73 FR 59604 (October 9, 2008).
---------------------------------------------------------------------------

Public Comment

    Interested parties are invited to comment on these preliminary 
results. Case briefs or other written comments may be submitted no 
later than seven days after the date of publication of these 
preliminary results. See 19 CFR 351.309(c). Rebuttals to written 
comments, limited to issues raised in such comments, may be filed no 
later than five days after the deadline date for case briefs. See 19 
CFR 351.309(d). The Department will issue the final results of this 
changed circumstances review, which will include its analysis of any 
written comments, no later than 270 days after the date on which this 
review was initiated, or within 45 days if all parties agree to our 
preliminary results. See 19 CFR 351.216(e).
    If revocation occurs, we will instruct U.S. Customs and Border 
Protection to end the suspension of liquidation for the merchandise 
covered by the revocation on the effective date of the notice of 
revocation and to release any cash deposit or bond. See 19 CFR 
351.222(g)(4). The current requirement for a cash deposit of estimated 
antidumping duties on all subject merchandise will continue unless and 
until it is modified pursuant to the final results of this changed 
circumstances review.
    The preliminary results of this review and notice are in accordance 
with sections 751(b) and 777(i) of the Act and 19 CFR 351.216, 351.221, 
and 351.222.

     Dated: November 24, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E9-28776 Filed 11-30-09; 8:45 am]
BILLING CODE 3510-DS-P