Saccharin From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Rescission in Part, 48966-48967 [2012-20053]

Download as PDF 48966 Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Notices srobinson on DSK4SPTVN1PROD with NOTICES 2011, amended final scope ruling consistent with the CAFC decision.2 DATES: Effective Date: August 15, 2012. FOR FURTHER INFORMATION CONTACT: Matthew Renkey, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2312. SUPPLEMENTARY INFORMATION: On July 13, 2009, the Department issued a final scope ruling on carbon steel butt-weld pipe fittings from the PRC used in structural applications.3 In the Final Scope Ruling, the Department found that carbon steel butt-weld pipe fittings from the PRC used in structural applications were covered by the Order because they met the physical description of subject merchandise.4 In King Supply Co. LLC v. United States, Slip Op. 10–111, Court No. 09– 00477 (September 30, 2010) (‘‘King Supply I’’), the CIT determined that the scope language of the Order contains an end-use element that results in the exclusion of pipe fittings used to join sections in structural applications from the Order. Therefore, the CIT ordered the Department to issue a scope determination that construes the scope of the Order as excluding carbon steel butt-weld pipe fittings used in structural applications.5 On December 1, 2010, the Department issued its final results of redetermination pursuant to King Supply I. Pursuant to the remand order in King Supply I, we construed the scope of the Order as excluding carbon steel butt-weld pipe fittings used only in structural applications. The CIT sustained the Department’s scope redetermination on January 6, 2011.6 As noted above, the CAFC subsequently reversed the CIT’s decision in King Supply II, and found that it was reasonable for the Department to have read the scope language at issue as not constituting an end-use restriction, such that King’s imported pipe fittings are within the scope of the order. 2 See Memorandum from Edward C. Yang, Senior NME Coordinator to John M. Andersen, Acting Deputy Assistant Secretary, Final Scope Ruling: Antidumping Duty Order on Carbon Steel ButtWeld Pipe Fittings from the People’s Republic of China, dated October 20, 2009 (‘‘Final Scope Ruling’’); see also Carbon Steel Butt-Weld Pipe Fittings From the People’s Republic of China: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision, 76 FR 4633 (January 26, 2011). 3 See Final Scope Ruling. 4 See Final Scope Ruling, at 6. 5 See King Supply I, at 3. 6 See King Supply II. VerDate Mar<15>2010 17:49 Aug 14, 2012 Jkt 226001 Amended Final Scope Ruling In accordance with the CAFC’s decision in King Supply Co. LLC v. United States, pipe fittings imported by King Supply are within the scope of the order. Accordingly, the Department will instruct U.S. Customs and Border Protection to continue to suspend entries of carbon steel butt-weld pipe fittings from the PRC used only in structural applications at the cash deposit rates currently in effect. This notice is issued and published in accordance with section 516A(c)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.225. Dated: August 3, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–19956 Filed 8–14–12; 8:45 am] BILLING CODE 3510–DS–P 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 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. 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: AGENCY: Background On April 12, 2012, the Department published the preliminary results of this 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’’). PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 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, spraydried 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. 2 See E:\FR\FM\15AUN1.SGM Preliminary Results, 77 FR at 21967. 15AUN1 Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 / Notices 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. 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 PRCwide entity for this review. 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 thirdcountry 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. srobinson on DSK4SPTVN1PROD with NOTICES 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. 3 Id. 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). VerDate Mar<15>2010 17:49 Aug 14, 2012 Jkt 226001 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 nonPRC 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 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 48967 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XC067 Marine Mammals; File No. 17350 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit. AGENCY: Notice is hereby given that a permit has been issued to the North Slope Borough Department of Wildlife Management, P.O. Box 69, Barrow, AK 99723 [Taqulik Hepa, Responsible Party; Dr. John C. George, Principal Investigator] to collect, import, export, and receive marine mammal parts for scientific research. ADDRESSES: The permit and related documents are available for review upon written request or by appointment in the following offices: Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427–8401; fax (301) 713– 0376; and Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802–1668; phone (907) 586–7221; fax (907) 586–7249. FOR FURTHER INFORMATION CONTACT: Laura Morse or Amy Sloan, (301) 427– 8401. SUPPLEMENTARY INFORMATION: On June 19, 2012 notice was published in the Federal Register (77 FR 36488) that a request for a permit to collect, receive, import and export specimens for scientific research had been submitted by the above-named applicant. The requested permit has been issued under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222–226), and the Fur Seal Act of 1966, as amended (16 U.S.C. 1151 et seq.). The permit authorizes the collection, receipt, import and export of samples of marine mammals taken by Alaskan Native subsistence hunters; and the receipt, import, and export of specimens from legal foreign (Russia and Canada) and domestic subsistence-collected marine mammals of the following species: bearded seal (Erignathus SUMMARY: E:\FR\FM\15AUN1.SGM 15AUN1

Agencies

[Federal Register Volume 77, Number 158 (Wednesday, August 15, 2012)]
[Notices]
[Pages 48966-48967]
From the Federal Register Online via the Government Printing 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.
---------------------------------------------------------------------------

    \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., 
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------

    \2\ See Preliminary Results, 77 FR at 21967.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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