[Federal Register: September 19, 2003 (Volume 68, Number 182)]
[Notices]
[Page 54890-54891]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se03-48]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-853]
Notice of Amended Final Results of Antidumping Duty
Administrative Review: Bulk Aspirin from the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Amended Final Results of Antidumping Duty
Administrative Review.
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EFFECTIVE DATE: September 19, 2003.
FOR FURTHER INFORMATION CONTACT: Julie Santoboni or Blanche Ziv, Office
1, AD/CVD Enforcement, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington DC 20230; telephone (202) 482-4194
or (202) 482-4207, respectively.
SUPPLEMENTARY INFORMATION:
Scope of Review
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 C[bdi9]H[bdi8]O[bdi4]. It
is defined by the official monograph of the United States Pharmacopoeia
(``USP'') 23. It is classified 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 bulk
aspirin and active substances as published in the Handbook of
Nonprescription Drugs, eighth edition, American Pharmaceutical
Association. This product is classified under HTSUS subheading
3003.90.0000. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
merchandise under investigation is dispositive.
Amended Final Results
On August 7, 2003, the Department of Commerce (``the Department'')
determined that bulk aspirin from the People's Republic of China
(``PRC'') is not being sold in the United States at less than fair
value, as provided in section 751(a) of the Tariff Act of 1930, as
amended (``the Act''). See Bulk Aspirin from the People's Republic of
China; Final Results of Antidumping Duty Administrative Review, 68 FR
48337 (August 13, 2003) (``Final Results''). On August 18, 2003,
Rhodia, Inc. (``petitioner''), timely filed ministerial error
allegations pursuant to 19 CFR 351.224(c)(2).\1\ The respondents
[[Page 54891]]
in this review, Jilin Henghe Pharmaceutical Company Ltd. (``Jilin'')
and Shandong Xinhua Pharmaceutical Co., Ltd. (``Shandong'') did not
file ministerial error allegations or comment on the petitioner's
allegations.
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\1\ On September 10, 2003, the Department received the
ministerial error allegation with amended bracketing of business
proprietary information from Rhodia.
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The petitioner contends that the Department failed to apply the
calculated credit rate to Shandong's U.S. sales and incorrectly
calculated the credit period. In the calculation of the surrogate value
for acetic acid for Jilin and Shandong, the petitioner contends that
the Department incorrectly deducted taxes from the already tax-
exclusive domestic price of acetic acid sold on the Mumbai Market.
In accordance with section 735(e) of the Act, we have determined
that ministerial errors were made in our final results margin
calculations. Specifically we find that the incorrect calculation of
Shandong's credit expense and that the incorrect calculation of the
domestic price of acetic acid constitute clerical errors. For a
detailed discussion of all of the ministerial error allegations and the
Department's analysis, see Memorandum to Susan Kuhbach, ``Antidumping
Duty Administrative Review of Bulk Aspirin from the People's Republic
of China; Allegations of Ministerial Errors'' dated September 12, 2003
which is on file in the Central Records Unit, room B-099 of the main
Department building.
In accordance with 19 C.F.R. 351.224(e), we are amending the final
results of the antidumping duty administrative review of bulk aspirin
from the PRC to correct these ministerial errors. However, the amended
weighted-average margins are identical to the weighted-average margins
in the final results (see Final Results). The weighted-average dumping
margins for Jilin and Shandong are listed below:
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Original Weighted-average margin Amended Results Weighted-average
Producer//Manfacturer/Exporter percentage margin percentage
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Jilin Henghe Pharmaceutical Company Ltd. 0.00 0.00
Shandong Xinhua Pharmaceutical Co., Ltd. 0.00 0.00
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Cash Deposit Rates
The following deposit rates will be effective upon publication of
these final results for all shipments of bulk aspirin from the PRC
entered, or withdrawn from warehouse, for consumption on or after the
publication date of this notice, as provided for by section 751(a)(1)
of the Act: (1) for Shandong and Jilin, which have separate rates, no
antidumping duty deposit will be required; (2) for a company previously
found to be entitled to a separate rate and for which no review was
requested, the cash deposit rate will be the rate established in the
most recent review of that company; (3) for all other PRC exporters the
cash deposit rate will be 144.02 percent, the PRC-wide rate established
in the less than fair value investigation; and (4) for non-PRC
exporters of subject merchandise from the PRC, the cash deposit rate
will be the rate applicable to the PRC supplier of that exporter. These
deposit rates shall remain in effect until publication of the final
results of the next administrative review.
These cash deposit requirements, when imposed, shall remain in
effect until publication of the final results of the next
administrative review.
Assessment Rates
The Department will issue appropriate assessment instructions
directly to the Bureau of Customs and Border Protection within 15 days
of publication of these amended final results of review.
We are issuing and publishing this determination and notice in
accordance with sections 751(a)(1) and 771(i)(1) of the Act.
Dated: September 12, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-23962 Filed 9-18-03; 8:45 am]