Saccharin From the People's Republic of China: Preliminary Results of Changed Circumstances Review, 62745-62746 [E9-28776]

Download as PDF Federal Register / Vol. 229, No. 74 / Tuesday, December 1, 2009 / Notices Extension of Time Limit for Preliminary Results Pursuant to section 751(a)(3)(A) of Tariff Act of 1930, as amended (the Act), the Department shall make a preliminary determination in an administrative review of an antidumping order within 245 days after the last day of the anniversary month of the date of publication of the order. Section 751(a)(3)(A) of the Act further provides, however, that the Department may extend the 245-day period up to 365 days if it determines it is not practicable to complete the review within the foregoing time period. We determine that it is not practicable to complete this administrative review within the time limits mandated by section 751(a)(3)(A) of the Act due to the complexity of the issues involved and the need to solicit more information from USIMINAS, regarding its affiliations and certain components of its claimed expenses and their calculation. Therefore, we have fully extended the deadline for completing the preliminary results by 120 days, to not later than March 31, 2010, in accordance with section 751(a)(3)(A) of the Act. The deadline for the final results of the review continues to be 120 days after the publication of the preliminary results. This extension notice is published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: November 23, 2009. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–28750 Filed 11–30–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–806] mstockstill on DSKH9S0YB1PROD with NOTICES Silicon Metal From the People’s Republic of China: Notice of Second Extension of Time Limit for the Final Results of the 2007–2008 Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 1, 2009. FOR FURTHER INFORMATION CONTACT: Jerry Huang, Susan Pulongbarit, or Bobby Than Fair Value; Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from Brazil, 64 FR 38756, 38759 (July 19, 1999), and the accompanying Issues and Decision Memorandum at Comment 17. VerDate Nov<24>2008 20:14 Nov 30, 2009 Jkt 220001 62745 Wong, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482–4047, (202) 482–4031, or (202) 482–0409, respectively. for completion of the final results of this review by an additional 29 days, in accordance with section 751(a)(3)(A) of the Act. The final results are now due no later than January 5, 2010. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. SUPPLEMENTARY INFORMATION: Dated: November 24, 2009. John M. Andersen, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–28778 Filed 11–30–09; 8:45 am] Background On July 9, 2009, the Department of Commerce (‘‘Department’’) published in the Federal Register the preliminary results of the 2007–2008 administrative review of the antidumping duty order on silicon metal from the People’s Republic of China (‘‘PRC’’), covering the period June 1, 2007, through May 31, 2008. See Silicon Metal from the People’s Republic of China: Preliminary Results and Preliminary Rescission, in Part, of Antidumping Duty Administrative Reviews, 74 FR 32,885 (July 9, 2009). On October 29, 2009, the Department published a notice extending the deadline for the final results of the 2007–2008 administrative review of silicon metal from the PRC. See Silicon Metal from the People’s Republic of China: Notice of Extension of Time Limit for the Final Results of the 2007–2008 Administrative Review, 74 FR 55,811 (October 29, 2009). The final results are currently due no later than December 7, 2009. Extension of Time Limit for the Final Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘Act’’), requires that the Department issue the final results of an administrative review within 120 days after the date on which the preliminary results are published. If it is not practicable to complete the review within that time period, section 751(a)(3)(A) of the Act allows the Department to extend the deadline for the final results to a maximum of 180 days after the date on which the preliminary results are published. On October 29, 2009, the Department extended the deadline of the final results by 31 days. Thus, the Department may extend the deadline of the final results by an additional 29 days. The Department requires additional time to properly consider the issues raised by interested parties regarding the treatment of Export Tax, Value– Added Tax, surrogate values for factors of production, and numerous company– specific issues. Thus, it is not practicable to complete this review by December 7, 2009. Therefore, the Department is extending the time limit PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–878] Saccharin From the People’s Republic of China: Preliminary Results of Changed Circumstances Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 23, 2009, the Department of Commerce (‘‘the Department’’) published in the Federal Register a notice of initiation of changed circumstances review for saccharin from the People’s Republic of China (‘‘PRC’’) in response to a request on behalf of PMC Specialties Group, Inc. (‘‘PMCSG’’).1 The Department has preliminarily determined that there is insufficient evidence of changed circumstances to warrant revocation of this order. DATES: Effective Date: December 1, 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.2 On June 8, 2009, the Department published in the Federal Register the notice of continuation of antidumping duty order on saccharin 1 See Saccharin from the People’s Republic of China: Notice of Initiation of Changed Circumstances Review, 74 FR 36456 (July 23, 2009). 2 See Notice of Antidumping Duty Order: Saccharin from the People’s Republic of China, 68 FR 40906 (June 9, 2003) (‘‘Saccharin Order’’). E:\FR\FM\01DEN1.SGM 01DEN1 62746 Federal Register / Vol. 229, No. 74 / Tuesday, December 1, 2009 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES from the PRC.3 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. PMCSG claimed that, as the sole domestic producer of saccharin, it no longer had an interest in the Saccharin Order. As part of its submission, PMCSG requested that the Department combine the notice of initiation with the preliminary results 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’’).4 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 results in this changed circumstances review. On July 23, 2009, the Department published in the Federal Register a notice of initiation of changed circumstances review for saccharin from the PRC. On July 23, 2009, the Department also issued questionnaires to PMCSG, Kinetic, and Kinetic’s toller to solicit relevant information and fully evaluate the request to revoke the Saccharin Order, as well as the arguments against revocation. On July 24, 2009, the Department issued a letter to Kinetic and its toller notifying them that the Department could not grant proprietary treatment to the toll producer’s name if the toll producer wished to be an interested party to the proceeding, and that, should the toller wish to continue as an interested party, the toller would need to submit a revised notice of appearance without its name bracketed. The toller did not submit a revised notice of appearance. On August 17, 2009, the Department received questionnaire responses from Kinetic and Kinetic’s toller. The Department has not received any response from PMCSG. In addition, PMCSG indicated to the Department 3 See Continuation of Antidumping Duty Order on Saccharin from the People’s Republic of China, 74 FR 27089 (June 8, 2009). 4 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. VerDate Nov<24>2008 20:14 Nov 30, 2009 Jkt 220001 that it would not respond to the questionnaire.5 On September 4, 2009, Kinetic submitted a letter urging the Department to issue an expedited negative preliminary results of the changed circumstances review and determine that domestic producers have affirmatively expressed an interest in maintaining the Saccharin Order. On October, 26 2009, PMCSG submitted a letter stating that it has determined not to respond to the Department’s July 23, 2009, questionnaire, and that it is PMCSG’s position that the record contains substantial evidence that it is a commercial producer and accounts for all U.S. production. 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, spraydried 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. Preliminary Results of Changed Circumstances Review In the five-year sunset review of this order the Department stated that ‘‘PMCSG claimed interested party status under section 771(9)(C) of the Act as the sole domestic producer of saccharin in the United States and the petitioner in the original investigation,’’ which was 5 See Memorandum to The File, ‘‘Changed Circumstances Review of Saccharin from the People’s Republic of China: Phone Call to Wiley Rein LLP’’ (August 28, 2009). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 not contested.6 However, since PMCSG failed to respond to the Department’s questionnaire in the instant review, the Department is unable to determine PMCSG’s status as a producer of the domestic like product and whether it represents ‘‘substantially all of the production of the domestic like product,’’ as required under the Department’s regulations governing revocation. See 19 CFR 51.222(g)(1)(i). Accordingly, we are notifying the public of our intent to not revoke the antidumping duty order as it relates to imports of saccharin. Public Comment Interested parties are invited to comment on these preliminary results. Case briefs or other written comments may be submitted no later than seven days after the date of publication of these preliminary results. See 19 CFR 351.309(c). Rebuttals to written comments, limited to issues raised in such comments, may be filed no later than five days after the deadline date for case briefs. See 19 CFR 351.309(d). The Department will issue the final results of this changed circumstances review, which will include its analysis of any written comments, no later than 270 days after the date on which this review was initiated, or within 45 days if all parties agree to our preliminary results. See 19 CFR 351.216(e). If revocation occurs, we will instruct U.S. Customs and Border Protection to end the suspension of liquidation for the merchandise covered by the revocation on the effective date of the notice of revocation and to release any cash deposit or bond. See 19 CFR 351.222(g)(4). The current requirement for a cash deposit of estimated antidumping duties on all subject merchandise will continue unless and until it is modified pursuant to the final results of this changed circumstances review. The preliminary results of this review and notice are in accordance with sections 751(b) and 777(i) of the Act and 19 CFR 351.216, 351.221, and 351.222. Dated: November 24, 2009. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. E9–28776 Filed 11–30–09; 8:45 am] BILLING CODE 3510–DS–P 6 See Saccharin from the People’s Republic of China: Notice of Final Results of Expedited Sunset Review of Antidumping Duty Order, 73 FR 59604 (October 9, 2008). E:\FR\FM\01DEN1.SGM 01DEN1

Agencies

[Federal Register Volume 74, Number 229 (Tuesday, December 1, 2009)]
[Notices]
[Pages 62745-62746]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28776]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-878]


Saccharin From the People's Republic of China: Preliminary 
Results of Changed Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 23, 2009, the Department of Commerce (``the 
Department'') published in the Federal Register a notice of initiation 
of changed circumstances review for saccharin from the People's 
Republic of China (``PRC'') in response to a request on behalf of PMC 
Specialties Group, Inc. (``PMCSG'').\1\ The Department has 
preliminarily determined that there is insufficient evidence of changed 
circumstances to warrant revocation of this order.
---------------------------------------------------------------------------

    \1\ See Saccharin from the People's Republic of China: Notice of 
Initiation of Changed Circumstances Review, 74 FR 36456 (July 23, 
2009).

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DATES: Effective Date: December 1, 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.\2\ On June 8, 
2009, the Department published in the Federal Register the notice of 
continuation of antidumping duty order on saccharin

[[Page 62746]]

from the PRC.\3\ 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. PMCSG claimed that, 
as the sole domestic producer of saccharin, it no longer had an 
interest in the Saccharin Order. As part of its submission, PMCSG 
requested that the Department combine the notice of initiation with the 
preliminary results to revoke the Saccharin Order.
---------------------------------------------------------------------------

    \2\ See Notice of Antidumping Duty Order: Saccharin from the 
People's Republic of China, 68 FR 40906 (June 9, 2003) (``Saccharin 
Order'').
    \3\ See Continuation of Antidumping Duty Order on Saccharin from 
the People's Republic of China, 74 FR 27089 (June 8, 2009).
---------------------------------------------------------------------------

    On July 9, 2009, the Department received a letter opposing the 
request for a changed circumstances review from Kinetic Industries 
(``Kinetic'').\4\ 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 results in this changed 
circumstances review.
---------------------------------------------------------------------------

    \4\ 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.
---------------------------------------------------------------------------

    On July 23, 2009, the Department published in the Federal Register 
a notice of initiation of changed circumstances review for saccharin 
from the PRC. On July 23, 2009, the Department also issued 
questionnaires to PMCSG, Kinetic, and Kinetic's toller to solicit 
relevant information and fully evaluate the request to revoke the 
Saccharin Order, as well as the arguments against revocation. On July 
24, 2009, the Department issued a letter to Kinetic and its toller 
notifying them that the Department could not grant proprietary 
treatment to the toll producer's name if the toll producer wished to be 
an interested party to the proceeding, and that, should the toller wish 
to continue as an interested party, the toller would need to submit a 
revised notice of appearance without its name bracketed. The toller did 
not submit a revised notice of appearance.
    On August 17, 2009, the Department received questionnaire responses 
from Kinetic and Kinetic's toller. The Department has not received any 
response from PMCSG. In addition, PMCSG indicated to the Department 
that it would not respond to the questionnaire.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum to The File, ``Changed Circumstances Review 
of Saccharin from the People's Republic of China: Phone Call to 
Wiley Rein LLP'' (August 28, 2009).
---------------------------------------------------------------------------

    On September 4, 2009, Kinetic submitted a letter urging the 
Department to issue an expedited negative preliminary results of the 
changed circumstances review and determine that domestic producers have 
affirmatively expressed an interest in maintaining the Saccharin Order. 
On October, 26 2009, PMCSG submitted a letter stating that it has 
determined not to respond to the Department's July 23, 2009, 
questionnaire, and that it is PMCSG's position that the record contains 
substantial evidence that it is a commercial producer and accounts for 
all U.S. production.

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.

Preliminary Results of Changed Circumstances Review

    In the five-year sunset review of this order the Department stated 
that ``PMCSG claimed interested party status under section 771(9)(C) of 
the Act as the sole domestic producer of saccharin in the United States 
and the petitioner in the original investigation,'' which was not 
contested.\6\ However, since PMCSG failed to respond to the 
Department's questionnaire in the instant review, the Department is 
unable to determine PMCSG's status as a producer of the domestic like 
product and whether it represents ``substantially all of the production 
of the domestic like product,'' as required under the Department's 
regulations governing revocation. See 19 CFR 51.222(g)(1)(i). 
Accordingly, we are notifying the public of our intent to not revoke 
the antidumping duty order as it relates to imports of saccharin.
---------------------------------------------------------------------------

    \6\ See Saccharin from the People's Republic of China: Notice of 
Final Results of Expedited Sunset Review of Antidumping Duty Order, 
73 FR 59604 (October 9, 2008).
---------------------------------------------------------------------------

Public Comment

    Interested parties are invited to comment on these preliminary 
results. Case briefs or other written comments may be submitted no 
later than seven days after the date of publication of these 
preliminary results. See 19 CFR 351.309(c). Rebuttals to written 
comments, limited to issues raised in such comments, may be filed no 
later than five days after the deadline date for case briefs. See 19 
CFR 351.309(d). The Department will issue the final results of this 
changed circumstances review, which will include its analysis of any 
written comments, no later than 270 days after the date on which this 
review was initiated, or within 45 days if all parties agree to our 
preliminary results. See 19 CFR 351.216(e).
    If revocation occurs, we will instruct U.S. Customs and Border 
Protection to end the suspension of liquidation for the merchandise 
covered by the revocation on the effective date of the notice of 
revocation and to release any cash deposit or bond. See 19 CFR 
351.222(g)(4). The current requirement for a cash deposit of estimated 
antidumping duties on all subject merchandise will continue unless and 
until it is modified pursuant to the final results of this changed 
circumstances review.
    The preliminary results of this review and notice are in accordance 
with sections 751(b) and 777(i) of the Act and 19 CFR 351.216, 351.221, 
and 351.222.

     Dated: November 24, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E9-28776 Filed 11-30-09; 8:45 am]
BILLING CODE 3510-DS-P