Saccharin from the People's Republic of China: Notice of Initiation of Changed Circumstances Review, 36456-36457 [E9-17576]

Download as PDF 36456 Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices noting the lack of useful broadband data for policymakers, and Congress passed legislation—the Broadband Data Improvement Act in 2008 and the American Recovery and Reinvestment Act in 2009—wholly or partly in response to such criticisms. The Organization for Economic Cooperation and Development (OECD) has ranked the United States a disappointing number 18 in household broadband access despite a period of rapid growth in the technology’s penetration. The OECD has noted that the user data they are using to benchmark the United States is from 2007 as they have no other current official data from the United States. Modifying the October CPS to include NTIA’s requested broadband data will allow the Commerce Department and NTIA to respond to make more informed grant decisions, to respond to Congressional directives, and to work with the OECD on its broadband methodologies with more recent data. Affected Public: Individuals or households. Respondent’s Obligation: Voluntary. OMB Desk Officer: Nicholas A. Fraser, (202) 395–5887. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance officer, (202) 482–0266, Department of Commerce, Room 7845, 14th and Constitution Avenue, NW., Washington, DC 20230. Written comments and recommendations for the proposed information collection should be sent by August 13, 2009 to Nicholas A. Fraser, OMB Desk Officer, e-mail Nicholas_A._Fraser@omb.eop.gov or Fax number (202) 395–5167. Dated: July 17, 2009. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E9–17508 Filed 7–22–09; 8:45 am] BILLING CODE 3510–60–P DEPARTMENT OF COMMERCE International Trade Administration erowe on DSK5CLS3C1PROD with NOTICES [A–570–878] Saccharin from the People’s Republic of China: Notice of Initiation of Changed Circumstances Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) has received VerDate Nov<24>2008 15:01 Jul 22, 2009 Jkt 217001 information sufficient to warrant initiation of a changed circumstances review of the antidumping duty order on saccharin from the People’s Republic of China (‘‘PRC’’). Based upon a request filed by PMC Specialties Group, Inc. (‘‘PMCSG’’), the Department is initiating a changed circumstances review to determine whether the domestic industry is in fact no longer interested in this order and to potentially revoke the antidumping duty order in this proceeding. EFFECTIVE DATE: July 23, 2009. FOR FURTHER INFORMATION CONTACT: Giselle Cubillos or Charles Riggle, 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) 482–1778 and (202) 482–0650, respectively. SUPPLEMENTARY INFORMATION: Background On July 9, 2003, the Department published in the Federal Register an antidumping duty order on saccharin from the PRC.1 On June 8, 2009, the Department published the continuation of antidumping duty order on saccharin from the PRC.2 On June 4, 2009, the Department received a request on behalf of PMCSG for a changed circumstances review to revoke the antidumping duty order on saccharin from the PRC. As part of its submission, PMCSG requested that the Department combine the notice of initiation with a preliminary determination to revoke the Saccharin Order. On July 9, 2009, the Department received a letter opposing the request for a changed circumstances review from Kinetic Industries (‘‘Kinetic’’).3 Kinetic claimed that it produces saccharin through a third party toller in the United States and that both parties, Kinetic and its toll producer, are interested parties as domestic producers of saccharin. Both Kinetic and its toll producer requested that the Department not issue an expedited preliminary determination in this changed circumstances review. 1 See Notice of Antidumping Duty Order: Saccharin from the People’s Republic of China, 68 FR 40906 (June 9, 2003) (‘‘Saccharin Order’’). 2 See Continuation of Antidumping Duty Order on Saccharin from the People’s Republicof China, 74 FR 27089 (June 8, 2009). 3 Although Kinetic filed a letter opposing PMCSG’s request for changed circumstances review on July 2, 2009, the Department rejected that letter because it did not contain the appropriate certifications. The Department requested that Kinetic re-file its submission by July 10, 2009. On July 9, 2009, Kinetic refiled its submission with the appropriate certifications. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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 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. Initiation of Changed Circumstances Review Pursuant to section 751(d) of the Tariff Act of 1930, as amended (the ‘‘Act’’), the Department may revoke an antidumping or countervailing duty order, in whole or in part, based on a review under section 751(b) of the Act (i.e., a changed circumstances review) where the Department determines that producers accounting for substantially all of the production of the domestic like product have expressed a lack of interest in the continuance of an order. Section 751(b)(1) of the Act requires a changed circumstances review to be conducted upon receipt of information concerning, or a request from an interested party for a review of, an antidumping duty order, which shows changed circumstances sufficient to warrant a review of the order. Additionally, section 751(b)(4) of the Act and 19 CFR 351.216(c) state that the Department shall not conduct a review less than 24 months after the date of publication of notice of the final determination in the original investigation. As noted above, PMCSG filed its request for a changed circumstances review on June 4, 2009, well over 24 months after the publication of the final determination E:\FR\FM\23JYN1.SGM 23JYN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices and order. See Saccharin Order. The Department has determined that the request submitted by PMCSG is sufficient to warrant a changed circumstances review. In accordance with sections 751(d)(1) and 782(h)(2) of the Act, and 19 CFR 351.216 and 351.222(g), a domestic producer of the like product, PMCSG, claims changed circumstances exist and has made an affirmative statement that no further interest exists in continuing the order on saccharin. PMCSG further alleges that it represents 100 percent of the domestic industry and that it accounts for all of the production of the domestic like product to which the order pertains. Based upon the statement of no interest by PMCSG, the Department has determined that there is sufficient information to conduct a changed circumstances review. However, in light of the opposition to the potential revocation, and Kinetic’s claim to be a domestic producer of the like product, the Department does not have sufficient information on the record of this changed circumstances review to determine that PMCSG accounts for substantially all (i.e., at least 85 percent) of the production of the domestic like product. Accordingly, we are initiating a changed circumstances review, but will not conduct an expedited changed circumstances review and preliminary determination, pursuant to 19 CFR 351.221(c)(3)(ii). The Department intends to issue questionnaires to Kinetic, the third party toller of Kinetic’s saccharin, and PMCSG to solicit relevant information and fully evaluate the request to revoke the antidumping duty order on saccharin from the PRC as well as the arguments against this revocation. The Department will issue questionnaires requesting additional information for the review and will publish in the Federal Register a notice of the preliminary results of the antidumping duty changed circumstances review, in accordance with 19 CFR 351.221(b)(2) and (4), and 19 CFR 351.221(c)(3)(i). That notice will set forth a description of any action proposed. Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity to comment on the preliminary results of review. In accordance with 19 CFR 351.216(e), the Department intends to issue the final results of its antidumping duty changed circumstances review not later than 270 days after the date on which this review is initiated. This notice is published in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216. VerDate Nov<24>2008 15:01 Jul 22, 2009 Jkt 217001 Dated: July 15, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–17576 Filed 7–22–04; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–901] Certain Lined Paper Products from the People’s Republic of China: Notice of Rescission, in Part, of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: July 23, 2009. FOR FURTHER INFORMATION CONTACT: Joy Zhang or Victoria Cho, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1168, or (202) 482–5075, respectively. SUPPLEMENTARY INFORMATION: Background On September 28, 2006, the Department of Commerce (the Department) published in the Federal Register an antidumping duty order on certain lined paper products (CLPP) from the People’s Republic of China (PRC).1 On September 2, 2008, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on CLPP from China. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 73 FR 51272 (September 2, 2008). On September 30, 2008, the Association of American School Paper Suppliers (Petitioner) requested that the Department conduct an administrative review of (1) Shanghai Lian Li Paper Products Co., Ltd. (Lian Li), and (2) the Watanabe Group, which consists of Watanabe Paper Products (Shanghai) Co., Ltd., Watanabe Paper Products (Lingqing) Co., Ltd., and Hotrock 1 See Notice of Amended Final Determination of Sales at Less Than Fair Value: Certain Lined Paper Products from the People’s Republic of China; Notice of Antidumping Duty Orders: Certain Lined Paper Products from India, Indonesia and the People’s Republic of China; and Notice of Countervailing Duty Orders: Certain Lined Paper Products from India and Indonesia, 71 FR 56949 (September 28, 2006). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 36457 Stationery (Shenzhen) Co., Ltd. (collectively, the Watanabe Group) for the period of review (POR) of September 1, 2007 through August 31, 2008. On October 29, 2008, the Department initiated this review with respect to both requested companies. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Deferral of Administrative Review, 73 FR 64305 (October 29, 2008). On November 13, 2008, Lian Li submitted a letter certifying that it did not have any shipments of subject merchandise during the POR. The Department conducted an internal U. S. Customs and Border Protection (CBP) data query on November 13, 2008, to investigate Lian Li’s claim, and found that Lian Li had made shipments to the United States during the POR, which were entered under the Harmonized Tariff Schedule of the United States (HTSUS) numbers for subject merchandise. See Memorandum to File from Joy Zhang titled ‘‘Internal Customs Data Query,’’ dated December 2, 2008. Therefore, on December 2, 2008, the Department issued a questionnaire to Lian Li. On January 9, Petitioner filed comments on Lian Li’s no shipment claim, asking the Department to request product samples from Lian Li. On January 29, 2009, Lian Li submitted product samples of the merchandise it exported to the United States during the POR, which Lian Li claimed were non– subject merchandise. On March 4, 2009, counsel for Petitioner inspected Lian Li’s product samples. See Memorandum to the File from Joy Zhang titled ‘‘Inspecting the Product Samples by Counsel for the Association of American School Paper Supplies,’’ dated March 4, 2009. On June 4, 2009, the Department published a notice extending the deadline for the preliminary results from for 120 days to September 30, 2009. In this notice the Department also published its intent to rescind this administrative review in part with respect to Lian Li because the Department preliminarily determined that the product samples submitted by Lian Li and the Customs data demonstrated that Lian Li did not export subject merchandise to the United States during the POR. See Certain Lined Paper Products From the People’s Republic of China: Notice of Intent to Rescind, In Part, Antidumping Duty Administrative Review and Extension of Time Limits for Preliminary Results of Antidumping Duty Administrative Review, 74 FR 26840, 26841 (June 4, 2009) (Notice of Intend to Rescind). We invited E:\FR\FM\23JYN1.SGM 23JYN1

Agencies

[Federal Register Volume 74, Number 140 (Thursday, July 23, 2009)]
[Notices]
[Pages 36456-36457]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17576]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-878]


Saccharin from the People's Republic of China: Notice of 
Initiation of Changed Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has received 
information sufficient to warrant initiation of a changed circumstances 
review of the antidumping duty order on saccharin from the People's 
Republic of China (``PRC''). Based upon a request filed by PMC 
Specialties Group, Inc. (``PMCSG''), the Department is initiating a 
changed circumstances review to determine whether the domestic industry 
is in fact no longer interested in this order and to potentially revoke 
the antidumping duty order in this proceeding.

EFFECTIVE DATE: July 23, 2009.

FOR FURTHER INFORMATION CONTACT: Giselle Cubillos or Charles Riggle, 
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-
1778 and (202) 482-0650, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 9, 2003, the Department published in the Federal Register 
an antidumping duty order on saccharin from the PRC.\1\ On June 8, 
2009, the Department published the continuation of antidumping duty 
order on saccharin from the PRC.\2\ On June 4, 2009, the Department 
received a request on behalf of PMCSG for a changed circumstances 
review to revoke the antidumping duty order on saccharin from the PRC. 
As part of its submission, PMCSG requested that the Department combine 
the notice of initiation with a preliminary determination to revoke the 
Saccharin Order. On July 9, 2009, the Department received a letter 
opposing the request for a changed circumstances review from Kinetic 
Industries (``Kinetic'').\3\ Kinetic claimed that it produces saccharin 
through a third party toller in the United States and that both 
parties, Kinetic and its toll producer, are interested parties as 
domestic producers of saccharin. Both Kinetic and its toll producer 
requested that the Department not issue an expedited preliminary 
determination in this changed circumstances review.
---------------------------------------------------------------------------

    \1\ See Notice of Antidumping Duty Order: Saccharin from the 
People's Republic of China, 68 FR 40906 (June 9, 2003) (``Saccharin 
Order'').
    \2\ See Continuation of Antidumping Duty Order on Saccharin from 
the People's Republicof China, 74 FR 27089 (June 8, 2009).
    \3\ Although Kinetic filed a letter opposing PMCSG's request for 
changed circumstances review on July 2, 2009, the Department 
rejected that letter because it did not contain the appropriate 
certifications. The Department requested that Kinetic re-file its 
submission by July 10, 2009. On July 9, 2009, Kinetic refiled its 
submission with the appropriate certifications.
---------------------------------------------------------------------------

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 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.

Initiation of Changed Circumstances Review

    Pursuant to section 751(d) of the Tariff Act of 1930, as amended 
(the ``Act''), the Department may revoke an antidumping or 
countervailing duty order, in whole or in part, based on a review under 
section 751(b) of the Act (i.e., a changed circumstances review) where 
the Department determines that producers accounting for substantially 
all of the production of the domestic like product have expressed a 
lack of interest in the continuance of an order. Section 751(b)(1) of 
the Act requires a changed circumstances review to be conducted upon 
receipt of information concerning, or a request from an interested 
party for a review of, an antidumping duty order, which shows changed 
circumstances sufficient to warrant a review of the order. 
Additionally, section 751(b)(4) of the Act and 19 CFR 351.216(c) state 
that the Department shall not conduct a review less than 24 months 
after the date of publication of notice of the final determination in 
the original investigation. As noted above, PMCSG filed its request for 
a changed circumstances review on June 4, 2009, well over 24 months 
after the publication of the final determination

[[Page 36457]]

and order. See Saccharin Order. The Department has determined that the 
request submitted by PMCSG is sufficient to warrant a changed 
circumstances review.
    In accordance with sections 751(d)(1) and 782(h)(2) of the Act, and 
19 CFR 351.216 and 351.222(g), a domestic producer of the like product, 
PMCSG, claims changed circumstances exist and has made an affirmative 
statement that no further interest exists in continuing the order on 
saccharin. PMCSG further alleges that it represents 100 percent of the 
domestic industry and that it accounts for all of the production of the 
domestic like product to which the order pertains. Based upon the 
statement of no interest by PMCSG, the Department has determined that 
there is sufficient information to conduct a changed circumstances 
review. However, in light of the opposition to the potential 
revocation, and Kinetic's claim to be a domestic producer of the like 
product, the Department does not have sufficient information on the 
record of this changed circumstances review to determine that PMCSG 
accounts for substantially all (i.e., at least 85 percent) of the 
production of the domestic like product. Accordingly, we are initiating 
a changed circumstances review, but will not conduct an expedited 
changed circumstances review and preliminary determination, pursuant to 
19 CFR 351.221(c)(3)(ii). The Department intends to issue 
questionnaires to Kinetic, the third party toller of Kinetic's 
saccharin, and PMCSG to solicit relevant information and fully evaluate 
the request to revoke the antidumping duty order on saccharin from the 
PRC as well as the arguments against this revocation.
    The Department will issue questionnaires requesting additional 
information for the review and will publish in the Federal Register a 
notice of the preliminary results of the antidumping duty changed 
circumstances review, in accordance with 19 CFR 351.221(b)(2) and (4), 
and 19 CFR 351.221(c)(3)(i). That notice will set forth a description 
of any action proposed. Pursuant to 19 CFR 351.221(b)(4)(ii), 
interested parties will have an opportunity to comment on the 
preliminary results of review. In accordance with 19 CFR 351.216(e), 
the Department intends to issue the final results of its antidumping 
duty changed circumstances review not later than 270 days after the 
date on which this review is initiated.
    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Act and 19 CFR 351.216.

    Dated: July 15, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-17576 Filed 7-22-04; 8:45 am]
BILLING CODE 3510-DS-S