[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Notices]
[Pages 21966-21968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8866]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-878]


Saccharin From the People's Republic of China: Preliminary 
Results of Antidumping Duty Administrative Review and Intent To Rescind 
in Part

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

DATES: April 12, 2012.
SUMMARY: The U.S. Department of Commerce (``the Department'') is 
conducting an administrative review of the antidumping duty order on 
saccharin from the People's Republic of China (``PRC'') for the period 
of review (``POR'') July 1, 2010, through June 30, 2011, covering 12 
manufacturers/exporters of subject merchandise from the PRC.\1\ The 
Department intends to rescind the review with respect to Kingchem LLC 
(``Kingchem''), for which the request for review was timely withdrawn. 
The Department preliminarily finds that, because none of the companies 
located in the PRC established eligibility for a separate rate, they 
will be treated as part of the PRC-wide entity. The Department also 
finds that the third-country exporters, because they do not have 
individual exporter rates, will continue to be subject to the cash 
deposit and assessment rates applicable to their PRC suppliers, in 
accordance with the Department's longstanding practice.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Revocation in Part, 76 FR 53404 (August 
26, 2011) (``Initiation'').
    \2\ See e.g., Chrome-Plated Lug Nuts From the People's Republic 
of China; Final Results of Antidumping Administrative Review, 60 FR 
48687 (September 20, 1995) and Certain Frozen Fish Fillets From the 
Socialist Republic of Vietnam: Final Results and Partial Rescission 
of the Seventh Antidumping Duty Administrative Review, 77 FR 15039 
(March 14, 2012).
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    We intend to issue the final results no later than 120 days from 
the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Tariff Act of 1930, as amended (``the Act'').

FOR FURTHER INFORMATION CONTACT: Paul Stolz, 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) 482-4474.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2011, the Department published in the Federal Register a 
notice of opportunity to request an administrative review of the 
antidumping duty order on saccharin from the PRC for the period July 1, 
2010 through June 30, 2011.\3\ On July 28, 2011, the Department 
received a timely request from Kinetic Industries (``Kinetic''), in 
accordance with 19 CFR 351.213(b), for an administrative review of this 
order. Kinetic submitted a second timely request on July 29, 2011, 
naming a twelfth respondent. On August 26, 2011, in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (``the Act''), the 
Department published in the Federal Register the initiation notice of 
this antidumping duty administrative review with respect to the 12 
companies covered by Kinetic's requests for review.\4\ On October 25, 
2011, the Department placed on the record U.S. Customs and Border 
Protection (``CBP'') import data which indicates that none of the 
companies named in the Initiation had suspended entries of subject 
merchandise into the United States during the POR.\5\
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    \3\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 76 FR 38609 (July 1, 2011).
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 76 FR 
53404 (August 26, 2011) (``Initiation''). The Initiation covered the 
following companies: (1) Pingdingshan Coal Group Kaifeng Xinghua 
Fine Chemical Plant (``Fine Chemical''); (2) Tianjin Changjie 
Chemical Co., Ltd. (``Changjie Chemical''); (3) Tianjin North Food 
Co., Ltd. (``North Food''); (4) Hangzhou Embaiking Pharmaceutical 
Corp. Ltd. (``Embaiking Pharmaceutical''); (5) Escalade Ltd./
Escalade Israel Ltd. (``Escalade''); (6) The High Trans Corporation 
(``High Trans Corporation''); (7) The Seicheng Chemical Company (aka 
Sei Cheng) (``Seicheng Chemical''); (8) Yuan Shan Co. Ltd. (``Yuan 
Shan''); (9) Sin-Ho Trading Co. Ltd. (aka Xin He) (``Sin-Ho 
Trading''); (10) Long Hwang Chemicals Co. Ltd. (aka Lung Huang 
Trading) (``Long Hwang Chemicals''); (11) Sun Disc Company, Ltd. 
(``Sun Disc''); and (12) Kingchem.
    \5\ See Memorandum to the File, ``Saccharin from the People's 
Republic of China: Release of U.S. Entry Documents from the 
Department's August 25, 2011 Request--A-570-878,'' (``Release of 
Entry Data'') dated October 25, 2011.
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    The Department invited comments regarding the CBP data and 
respondent selection but received none. In addition, the Department 
issued a no-shipment inquiry to CBP on December 21, 2011, covering the 
companies located in the PRC and the third-country exporters (except 
Kingchem).\6\ The inquiry requested CBP to report any evidence of 
shipments during the POR by these companies but did not request a 
response if no such evidence exists. The Department did not receive a 
response from CBP.
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    \6\ The Department's no-shipment inquiry is located on the CBP 
Web site under message number 1355309, dated December 21, 2011. See 
http://addcvd.cbp.gov.
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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

[[Page 21967]]

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.

Intent To Rescind the Administrative Review in Part

    19 CFR 351.213(d)(1) provides that the Department will rescind an 
administrative review if the party that requested the review withdraws 
its request for review within 90 days of the date of publication of the 
notice of initiation of the requested review, or withdraws it at a 
later date if the Department determines it is reasonable to extend the 
time limit for withdrawing the request. The Department initiated this 
administrative review on August 26, 2011.\7\ On August 30, 2011, 
Kinetic timely withdrew its request for review covering Kingchem in 
accordance with 19 CFR 351.213(d)(1). No other party requested a review 
of Kingchem. However, Kingchem does not have a separate rate but is 
part of the PRC-wide entity which continues to be under review. 
Therefore, the Department intends to rescind this review with respect 
to Kingchem at the final results of review.
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    \7\ See Initiation.
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The PRC-Wide Entity

    Fine Chemical, Changjie Chemical, North Food, and Embaiking 
Pharmaceutical, all companies located in the PRC, did not submit 
separate rate applications or certifications to demonstrate their 
eligibility for separate rate status. As stated in the Initiation, 
``[a]ll firms listed below that wish to qualify for separate-rate 
status in the administrative reviews involving NME countries must 
complete, as appropriate, either a separate-rate application or 
certification, as described below.'' \8\ Because Fine Chemical, 
Changjie Chemical; North Food, and Embaiking Pharmaceutical did not 
demonstrate that they were entitled to a separate rate, the Department 
preliminarily finds that they should be considered part of the PRC-wide 
entity for this review.
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    \8\ See id., 76 FR at 53405.
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Third-Country Exporters

    CBP data reviewed by the Department do not show any reviewable 
entries of subject merchandise made by the third-country exporters 
Escalade, High Trans Corporation, Seicheng Chemical, Yuan Shan, Sin-Ho 
Trading, Long Hwang Chemicals, and Sun Disc during the POR. There is no 
information on the record of this proceeding indicating that the third-
country exporters made entries of subject merchandise during the POR. 
Because these companies are located outside of the PRC, and they do not 
have individual exporter rates, the Department preliminarily determines 
that their entries of subject merchandise will be assessed at the rate 
applicable to their PRC suppliers.

Assessment Rates

    If these preliminary results of review and intent to rescind are 
adopted in the final results, then antidumping duties will be assessed 
as follows. For all shipments of the subject merchandise by the PRC-
wide entity entered, or withdrawn from warehouse, for consumption 
during the POR we intend to instruct CBP to assess antidumping duties 
at the ad valorem PRC-wide entity rate of 329.94 percent. For all non-
PRC exporters of subject merchandise which have not received their own 
rate, we intend to instruct CBP to assess the rate applicable to the 
PRC exporter(s) that supplied that non-PRC exporter. The Department 
intends to issue assessment instructions directly to CBP 15 days after 
the publication of the final results in the Federal Register.

Cash Deposit Requirements

    If these partial preliminary results are adopted in the final 
results, then the following cash deposit requirements will be effective 
upon publication of the final results of this administrative review for 
all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For previously 
investigated or reviewed PRC and non-PRC exporters that have separate 
rates, the cash deposit rate will continue to be the exporter-specific 
rate published for the most recent period; (2) for all PRC exporters of 
subject merchandise which have not been found to be entitled to a 
separate rate, the cash deposit rate will be the PRC-wide entity rate 
of 329.94 percent; and (3) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporter that supplied that 
non-PRC exporter. These requirements, when imposed, shall remain in 
effect until further notice.

Disclosure and Public Comment

    Since no calculations were performed for these partial preliminary 
results, no disclosure is required under 19 CFR 351.224(b). Any 
interested party may request a hearing within 30 days of publication of 
this notice in accordance with 19 CFR 351.310(c). Any hearing will be 
held 37 days after the publication of this notice, or the first 
business day thereafter unless the Department alters the date pursuant 
to 19 CFR 351.310(d). Individuals who wish to request a hearing must 
submit a written request within 30 days of the publication of this 
notice in the Federal Register to the Assistant Secretary for Import 
Administration, U.S. Department of Commerce, pursuant to the 
Department's e-filing regulations.\9\ Requests for a public hearing 
should contain: (1) The party's name, address, and telephone number; 
(2) the number of participants; and (3) to the extent practicable, an 
identification of the arguments to be raised at the hearing.
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    \9\ See https://iaaccess.trade.gov/help/IA%20ACCESS%20User%20Guide.pdf.
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    Unless otherwise notified by the Department, interested parties may 
submit case briefs within 30 days of the date of publication of this 
notice in accordance with 19 CFR 351.309(c)(1)(ii). As part of the case 
brief, parties are encouraged to provide a summary of the arguments and 
a table of authorities cited in accordance with 19 CFR 351.309(c)(2). 
Rebuttal briefs, which must be limited to issues raised in the case 
briefs, must be filed within five days after the case brief is filed in 
accordance with 19 CFR 351.309(d). All briefs must be filed in 
accordance with the Department's e-filing regulations.\10\ Parties 
should confirm by telephone the time, date, and place of the hearing 
within 48 hours before the scheduled time. The Department intends to 
issue the final results of this review, which will include the results 
of its analysis of issues raised in the briefs, not later than 120 days 
after the date of publication of this notice in accordance with section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
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    \10\ Id.

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[[Page 21968]]

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(d)(4).

     Dated: April 2, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-8866 Filed 4-11-12; 8:45 am]
BILLING CODE 3510-DS-P