[Federal Register Volume 77, Number 158 (Wednesday, August 15, 2012)]
[Notices]
[Pages 48966-48967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20053]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-878]
Saccharin From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review and Rescission in Part
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: August 15, 2012.
SUMMARY: On April 12, 2012, the U.S. Department of Commerce (``the
Department'') published the preliminary results of the 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.\1\ We invited interested parties to
comment on the preliminary results but received no comments. Therefore,
our final results remain unchanged from the preliminary results of
review.
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\1\ See Saccharin From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and
Intent To Rescind in Part, 77 FR 21966 (April 12, 2012)
(``Preliminary Results'').
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.,
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Washington, DC 20230; telephone: (202) 482-4474.
SUPPLEMENTARY INFORMATION:
Background
On April 12, 2012, the Department published the preliminary results
of this administrative review in the Federal Register. In these
results, we preliminarily determined to rescind the review with respect
to Kingchem LLC (``Kingchem''). We also preliminarily determined that
four companies did not demonstrate that they were entitled to a
separate rate. We invited parties to comment on the preliminary results
but received no comments or requests for a hearing.
Period of Review
The period of review is July 1, 2010 through June 30, 2011.
Scope of the Order
The product covered by the 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 the 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 the order remains
dispositive.
Final Results
Rescission in Part
In the preliminary results of this review the Department stated
that it intended to rescind this review with respect to Kingchem, for
which the request for review was timely withdrawn.\2\ Pursuant to 19
CFR 351.213(d)(1), the Secretary will rescind an administrative review,
in whole or in part, if a party who requested the review withdraws the
request within 90 days of the day of publication of notice of
initiation of the requested review. The aforementioned request for
review was withdrawn within the 90-day period.
[[Page 48967]]
Because the request for review was withdrawn and because no other party
requested a review of Kingchem, in accordance with 19 CFR
351.213(d)(1), we are partially rescinding this review with respect to
this company.
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\2\ See Preliminary Results, 77 FR at 21967.
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The PRC-Wide Entity
In the Preliminary Results, the Department preliminarily found that
Fine Chemical, Changjie Chemical, North Food, and Embaiking
Pharmaceutical did not demonstrate that they were entitled to a
separate rate.\3\ Therefore, the Department preliminarily found that
they should be considered part of the PRC-wide entity for this review.
No party commented on the Department's preliminary finding. For the
final results the Department continues to find that these companies
should be considered part of the PRC-wide entity for this review.
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\3\ Id.
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Third-Country Exporters
In the Preliminary Results, the Department preliminarily found that
because Escalade, High Trans Corporation, Seicheng Chemical, Yuan Shan,
Sin-Ho Trading, Long Hwang Chemicals, and Sun Disc are third-country
exporters located outside of the PRC, and they do not have individual
exporter rates, their entries of subject merchandise should be assessed
at the rate applicable to their PRC suppliers. No party commented on
the Department's preliminary finding. For these final results, the
Department continues to find that their entries of subject merchandise
should be assessed at the rate applicable to their PRC suppliers.
Assessment Rates
For all shipments of the subject merchandise by the PRC-wide entity
entered, or withdrawn from warehouse, for consumption during the POR we
will instruct U.S. Customs and Border Protection (``CBP'') to assess
antidumping duties at the ad valorem PRC-wide entity rate of 329.94
percent.\4\ For all non-PRC exporters of subject merchandise which have
not received their own rate, we will 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.
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\4\ See Notice of Amended Final Determination of Sales at Less
Than Fair Value: Saccharin from the People's Republic of China, 68
FR 35383 (June 13, 2003).
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Cash Deposit Requirements
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 Tariff Act of 1930, as
amended (``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.
Notifications to Interested Parties
This notice serves as a final 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 doubled antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation, which is subject to sanction.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 8, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-20053 Filed 8-14-12; 8:45 am]
BILLING CODE 3510-DS-P