[Federal Register Volume 65, Number 124 (Tuesday, June 27, 2000)]
[Notices]
[Pages 39598-39599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16238]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-853]


Notice of Amended Final Determination of Sales at Less Than Fair 
Value: Bulk Aspirin From the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: June 27, 2000.

FOR FURTHER INFORMATION CONTACT: Rosa Jeong or Ryan Langan, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, Washington, DC 20230; telephone: (202) 482-3853 or 482-1279, 
respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to provisions of the Tariff Act of 1930 (``the Act'') as 
amended by the Uruguay Round Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department of 
Commerce's (``the Department's'') regulations refer to 19 CFR part 351 
(April 1999).

Scope of Investigation

    The product covered by this investigation 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-
acetylsalicyclic acid can be either in crystal form or granulated into 
a fine powder (pharmaceutical form). This product has the chemical 
formula C<INF>9</INF>H<INF>8</INF>O<INF>4</INF>. 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,

[[Page 39599]]

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.

Period of Investigation

    The period of investigation (``POI'') is October 1, 1998, through 
March 31, 1999.

Amended Final Determination

    In accordance with section 735(a) of the Act, on May 25, 2000, the 
Department published its final determination of the antidumping duty 
investigation of bulk aspirin from the People's Republic of China 
(``PRC'') in which the Department determined that U.S. sales of bulk 
aspirin from the PRC were made at less than fair value (65 FR 33805 
(``Final Determination'')). On June 1, 2000, we received ministerial 
error allegations, timely filed pursuant to 19 CFR 351.224(c)(2), from 
the respondents, Jilin Pharmaceutical Import and Export Corporation 
(``Jilin'') and Shandong Xinhua Pharmaceutical Factory (``Shandong''), 
regarding our final margin calculations. On June 6, 2000, we received 
comments on the respondents' ministerial error allegations from Rhodia 
Inc., the petitioner in this proceeding.
    After anaylzing the submissions, we have determined in accordance 
with section 735(e) of the Act and 19 CFR 351.224 that we made 
ministerial errors in the margin calculations for both respondents. The 
ministerial errors include three errors alleged by Shandong pertaining 
to Shandong's margin calculations and two additional errors with 
respect to Jilin that were not raised by any party which we discovered. 
Specifically:
    <bullet> We inadvertently neglected to offset Shandong's material 
cost for aspirin for recycled material inputs.
    <bullet> We inadvertently added packing costs twice in the 
calculation of normal value of aspirin.
    <bullet> We inadvertently neglected to adjust Shandong's overhead 
expenses caculated for salicylic acid and acetic anhydride processes 
for aspirin consumption rates.
    <bullet> We inadvertently neglected to deduct Jilin's movement 
charges incurred in the United States.
    <bullet> We inadvertently applied an incorrect surrogate value for 
freight to one of Jilin's sales.
    For a detailed discussion of the ministerial error allegations and 
the Department's analysis, see Memorandum from Team to Richard W. 
Moreland, Deputy Assistant Secretary, dated June 20, 2000.
    We are amending the final determination of the antidumping duty 
investigation of bulk aspirin from the PRC to reflect the correction of 
the above-cited ministerial errors. The revised final weighted-average 
dumping margins are as follows:

------------------------------------------------------------------------
                                                  Original     Revised
                                                 weighted-    weighted-
             Exporter/manufacturer                average      average
                                                   margin       margin
                                                 percentage   percentage
------------------------------------------------------------------------
Shandong Xinhua Pharmaceutical Factory........        42.77        16.51
Jilin Pharmaceutical Co., Ltd./Jilin                   4.72        10.85
 Pharmaceutical Import and Export Corporation.
PRC-wide Rate.................................       144.02       144.02
------------------------------------------------------------------------

    The PRC-wide rate, which is unchanged, applies to all entries of 
the subject merchandise except for entries from exporters that are 
identified individually above.

Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing the Customs Service (``Customs'') to continue suspending 
liquidation on all imports of the subject merchandise from the PRC. 
Customs shall require a cash deposit or the posting of a bond equal to 
the weighted-average amount by which normal value exceeds the export 
price as indicated in the chart above. These suspension-of-liquidation 
instructions will remain in effect until further notice.

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission of our amended final determination.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: June 21, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-16238 Filed 6-26-00; 8:45 am]
BILLING CODE 3510-DS-M