Saccharin From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Intent To Rescind in Part, 21966-21968 [2012-8866]
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21966
Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Administrative Protective Orders
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, 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.
These final results and this notice are
issued and published in accordance
with sections 751(a)(2)(B) and 777(i)(1)
of the Act.
Dated: April 5, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
Issues in the Decision Memorandum
Comment 1: Whether the Department’s
Preliminary Determination to Rescind the
New Shipper Review Was Correct
Comment 2: Whether the Department
Properly Analyzed Heze Huayi’s
Unreported Sales
Comment 3: Whether Heze Huayi’s Final
Antidumping Duty Rate Should Be the
PRC-entity Rate
[FR Doc. 2012–8865 Filed 4–11–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
mstockstill on DSK4VPTVN1PROD with NOTICES
[A–570–878]
Saccharin From the People’s Republic
of China: Preliminary Results of
Antidumping Duty Administrative
Review and Intent To Rescind in Part
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
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16:27 Apr 11, 2012
Jkt 226001
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 PRCwide 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
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
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).
3 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 76 FR 38609
(July 1, 2011).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
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
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.
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
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.
6 The Department’s no-shipment inquiry is
located on the CBP Web site under message number
1355309, dated December 21, 2011. See https://
addcvd.cbp.gov.
E:\FR\FM\12APN1.SGM
12APN1
Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices
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.
mstockstill on DSK4VPTVN1PROD with NOTICES
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.
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
7 See
Initiation.
8 See id., 76 FR at 53405.
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16:27 Apr 11, 2012
Jkt 226001
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.
Third-Country Exporters
CBP data reviewed by the Department
do not show any reviewable entries of
subject merchandise made by the thirdcountry 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 nonPRC 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-
PO 00000
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Fmt 4703
Sfmt 4703
21967
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.
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).
9 See https://iaaccess.trade.gov/help/IA%20
ACCESS%20User%20Guide.pdf.
10 Id.
E:\FR\FM\12APN1.SGM
12APN1
21968
Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices
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
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–957]
Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe
From the People’s Republic of China:
Notice of Rescission of Countervailing
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
In response to a request from
an interested party, United States Steel
Corporation, the Department of
Commerce (the Department) initiated an
administrative review of the
countervailing duty order on seamless
carbon and alloy steel standard, line,
and pressure pipe from the People’s
Republic of China. The period of review
is November 10, 2010, through
December 31, 2010. Based on the timely
withdrawal of the request for review
submitted by United States Steel
Corporation, we are now rescinding this
administrative review.
SUMMARY:
DATES:
Effective Date: April 12, 2012.
mstockstill on DSK4VPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Patricia Tran or Eric Greynolds, 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) 482–1503 or (202) 482–
6071, respectively.
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
16:27 Apr 11, 2012
Jkt 226001
Background
On December 30, 2011, the
Department published in the Federal
Register a notice of initiation of an
administrative review of the
countervailing duty order on seamless
carbon and alloy steel standard, line,
and pressure pipe from the People’s
Republic of China covering the period
November 1, 2010, through December
31, 2010. See Initiation of Antidumping
and Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 76 FR 82268 (December 30, 2011).
The review covers 32 companies.1
United States Steel Corporation
requested a review of all of those
companies. No other party requested a
review.
On March 29, 2012, and amended on
April 3, 2012, United States Steel
Corporation withdrew its request for an
administrative review of the 32
companies.
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review if the party that
requested the review withdraws its
request for review within 90 days of the
publication of the notice of initiation of
the requested review, or withdraws at a
later date if the Department exercises its
discretion to extend the time limit for
withdrawing the request. United States
Steel Corporation withdrew its request
within the 90-day deadline. Therefore,
we are rescinding the review with
respect to all companies.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess countervailing duties on all
appropriate entries. Countervailing
1 United Steel Corporation requested an
administrative review on the following companies:
Anhui Tianda Oil Pipe, Baoshan Iron & Steel Co.,
Ltd., Beijing Sai Lin Ke Hardware Co., Ltd.,
Hengyang Steel Tube Group Int’l Trading Inc.,
Hengyang Valin MPM Tube Co., Ltd., Hengyang
Valin Steel Tube Co., Ltd., Hunan Valin Iron & Steel
Group Co., Ltd., Hunan Valin Steel Co., Ltd., Hunan
Valin Xiangtan Iron & Steel Co., Ltd., Jiangsu
Changbao Steel Tube Co., Ltd., Jiangsu Chengde
Steel Tube Share Company, Jiangsu Xigang Group
Co., Ltd., Jiangyin City Changjiang Steel Pipe Co.,
Ltd., LDR Industries, Inc., Pangang Group Chengdu
Iron & Steel Co., Shandong Luxing Steel Pipe,
Shandong HuaBao Steel Pipe, Shanghai Tianyang
Steel Tube, Tianguan Yuantong Pipe Product Co.,
Ltd., Tianjin Pipe (Group) Corporation, Tianjin Pipe
International Economic & Trading Corp., Tianjin
Pipe Iron Manufacturing Co., Ltd., TPCO Charging
Development Co., Ltd., Wuxi Resources Steel
Making Co., Ltd., Wuxi Seamless Special Pipe Co.,
Ltd., Wuxi Sifang Steel Tube Co., Ltd., Wuxi
Zhenda Special Steel Tube Manufacturing, Xigang
Seamless Steel Tube, Xuzhou Global Pipe and
Fitting Mfg., Yangzhou Chengde Steel Tube Co.,
Ltd., Yangzhou Lontrin Steel Tube Co., Ltd., and
Yantai Lubao Steel Tube.
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Fmt 4703
Sfmt 4703
duties shall be assessed at rates equal to
the cash deposit or bonding rate of
estimated countervailing duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions directly to CBP 15 days
after publication of this notice.
Notifications
This notice serves as a reminder to
parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, 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.
This notice is issued and published in
accordance with section 777(i)(1) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: April 5, 2012.
Edward C. Yang,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2012–8841 Filed 4–11–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–357–813]
Honey From Argentina: Rescission of
Countervailing Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 12, 2012.
FOR FURTHER INFORMATION CONTACT: Toni
Page, AD/CVD Operations, Office 6,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–1398.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 10, 2001, the
Department of Commerce (Department)
published in the Federal Register the
countervailing duty order on honey
E:\FR\FM\12APN1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Notices]
[Pages 21966-21968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8866]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\6\ The Department's no-shipment inquiry is located on the CBP
Web site under message number 1355309, dated December 21, 2011. See
https://addcvd.cbp.gov.
---------------------------------------------------------------------------
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
