[Federal Register Volume 67, Number 110 (Friday, June 7, 2002)]
[Notices]
[Pages 39344-39345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14380]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-853]
Bulk Aspirin From the People's Republic of China; Initiation of
Changed Circumstances Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation of changed circumstances antidumping duty
administrative review.
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SUMMARY: The Department of Commerce is initiating a changed
circumstances administrative review of the 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)) in response to a request from Jilin
Pharmaceutical Import and Export Corporation, Jilin Pharmaceutical
(U.S.A.) Inc., and Jilin Pharmaceutical Limited Company. These entities
have requested that, contemporaneous with the ongoing administrative
review of the order, the Department of Commerce review the company's
name change and determine that Jilin Henghe Pharmaceutical is the
successor-in-interest of Jilin Pharmaceutical Company Ltd. and Jilin
Pharmaceutical Import and Export Corporation.
EFFECTIVE DATE: June 7, 2002.
FOR FURTHER INFORMATION CONTACT: Blanche Ziv or Cole Kyle, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230; telephone (202) 482-4207 and (202) 482-1503 respectively.
Applicable Statute
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (the ``Act''), are references to the provisions
effective January 1, 1995, the effective date of the amendments made to
the Act by the Uruguay Round Agreements Act. In addition, unless
otherwise indicated, all citations to the Department of Commerce's
[[Page 39345]]
(``Department'') regulations are to 19 CFR Part 351 (2002).
SUPPLEMENTARY INFORMATION:
Background
On July 31, 2001, a respondent in this proceeding, Jilin
Pharmaceutical Import and Export Company, Jilin Pharmaceutical (U.S.A.)
Inc., and Jilin Pharmaceutical Limited Company (collectively, ``Jilin
Pharmaceutical'') notified the Department that in 1999, its corporate
name changed to Jilin Henghe Pharmaceutical Company Ltd. (``Jilin
Henghe''). On December 14, 2001, Jilin Pharmaceutical stated that
during the period of review (``POR'') of the concurrent administrative
review (see Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 66 FR 43570
(August 20, 2001)), the export operations for subject merchandise,
which were handled by Jilin Pharmaceutical Import and Export Company
during the original investigation (see Notice of Final Determination of
Sales at Less than Fair Value: Bulk Aspirin from the People's Republic
of China, 65 FR 39598 (May 25, 2000) (``LTFV investigation'')), were
handled by the sales department for medicinal materials of Jilin
Henghe. Jilin Pharmaceutical also stated that during the POR, subject
merchandise was produced at the same facilities that Jilin
Pharmaceutical used to produce subject merchandise during the LTFV
investigation. On May 24, 2002, Jilin Pharmaceutical provided
documentation to support this claim, consisting of a government
document approving its name change and its continuing right to export
subject merchandise to the United States.
The information submitted by Jilin Pharmaceutical shows changed
circumstances sufficient to warrant a review. Therefore, we are
initiating a changed circumstances administrative review pursuant to
section 751(b)(1) of the Act to determine whether entries naming Jilin
Henghe as manufacturer or exporter should receive the cash deposit rate
currently applied to Jilin Pharmaceutical.
Scope of the Review
The merchandise subject to 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 (``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
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 review is dispositive.
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act, the Department will
conduct a changed circumstances review upon receipt of information
concerning, or a request from an interested party of, an antidumping
duty order which shows changed circumstances sufficient to warrant a
review of the order.
Jilin Pharmaceutical contends that its corporate name and
successor-in-interest have changed and that no changes have occurred
with respect to its production facilities. We therefore find good cause
to conduct a changed circumstances review. See 19 CFR 351.216(c).
Therefore, in accordance with section 751(b)(1) of the Act, we are
initiating a changed circumstances review based upon the information
contained in Jilin Pharmaceutical's submissions.
The Department will publish in the Federal Register a notice of
preliminary results of changed circumstances antidumping duty
administrative review, concurrent with the ongoing administrative
review, in accordance with 19 CFR 351.221(b)(4) and 351.221(c)(3)(i),
which will set forth the Department's preliminary factual and legal
conclusions. The Department will issue its final results of review in
accordance with the time limits set forth in 19 CFR 351.216(e).
This notice is in accordance with section 751(b)(1) of the Act.
Dated: June 3, 2002.
Richard W. Moreland,
Deputy Assistant Secretary for Import Administration, Group 1.
[FR Doc. 02-14380 Filed 6-6-02; 8:45 am]
BILLING CODE 3510-DS-P