[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Notices]
[Pages 43146-43147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18103]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-878]


Saccharin From the People's Republic of China: Final Results of 
the 2008-2009 Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On March 22, 2010, the Department of Commerce (``Department'') 
published its Preliminary Results for the July 1, 2008, through June 
30, 2009, administrative review of saccharin from the People's Republic 
of China (``PRC'').\1\ We invited interested parties to comment on our 
Preliminary Results, but no parties submitted comments. Therefore, the 
Preliminary Results are hereby adopted as the final results.
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    \1\ See Saccharin From the People's Republic of China: 
Preliminary Results of the 2008-2009 Antidumping Duty Administrative 
Review, 75 FR 13495 (March 22, 2010) (``Preliminary Results'').

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DATES: Effective Date: July 23, 2010.

FOR FURTHER INFORMATION CONTACT: Brandon Petelin 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-
8173 and (202) 482-0650, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 22, 2010, the Department published its Preliminary Results 
of the review of the antidumping order on saccharin from the PRC 
covering the period July 1, 2008, through June 30, 2009. For the 
Preliminary Results, because Kaifeng Xinhua Fine Chemical Factory 
(``Kaifeng'') did not respond to the Department's questionnaire, we 
were unable to determine if Kaifeng was eligible for a separate 
rate.\2\ Further, in accordance with sections 776(a)(2)(A) and (B) of 
the Tariff Act of 1930, as amended (``Act''), because the PRC-entity 
(including Kaifeng) failed to cooperate to the best of its ability by 
not responding to our questionnaire, we found it appropriate to use 
adverse facts available.\3\ Thus, the Department preliminarily 
determined that Kaifeng did not qualify for a separate rate and instead 
was part of the PRC entity.\4\ No parties commented on the Preliminary 
Results.
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    \2\ On October 14, 2009, the Department confirmed that Kaifeng 
signed for and received our mailing of the antidumping duty 
questionnaire. On January 6, 2009, the Department placed the FedEx 
International Air Waybill receipt and delivery confirmation for the 
questionnaire issued to Kaifeng on the record of this administrative 
review to confirm that we mailed, and Kaifeng signed for and 
received, the questionnaire.
    \3\ See Preliminary Results.
    \4\ See id.
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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.

Analysis of Comments Received

    Because no parties commented on the Preliminary Results, we have 
adopted the Preliminary Results as the final results, including the 
margin determined therein.\5\
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    \5\ See id.
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Final Results of Review

    We find that the following weighted-average dumping margin exists 
for the period July 1, 2008, through June 30, 2009:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/Exporter                      (Percent)
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PRC-wide Entity*............................................  329.94 \6\
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* The PRC-entity includes Kaifeng Xinhua Fine Chemical Factory.
\6\ See Notice of Final Determination of Sales at Less Than Fair Value:
  Saccharin From the People's Republic of China, 68 FR 27530 (May 30,
  2003) (``LTFV Final Determination''); as amended by Notice of Amended
  Final Determination of Sales at Less Than Fair Value, 68 FR 35383
  (June 13, 2003) (``The PRC-wide rate of 329.94 percent * * * is the
  correct PRC-wide rate, rather than the rate of 329.33 percent
  published in the LTFV Final Determination.''); see also Notice of
  Antidumping Duty Order: Saccharin From the People's Republic of China,
  68 FR 40906 (July 9, 2003) (establishing 329.94 percent as the PRC-
  wide rate).

Assessment Rates

    The Department has determined, and U.S. Customs and Border 
Protection (``CBP'') shall assess antidumping duties on all appropriate 
entries covered by this review. The Department intends to issue 
assessment instructions to CBP 15 days after the publication date of 
the final results of this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2)(C) of the Act: (1) For the PRC-wide 
entity (which includes Kaifeng), the cash deposit rate will be 329.94 
percent; (2) for previously investigated or reviewed PRC and non-PRC 
exporters not listed above that have separate rates, the cash deposit 
rate will continue to be the exporter-specific rate published for the 
most recent period; (3) for all PRC exporters of subject merchandise 
that have not been found to be entitled to a separate rate, the cash 
deposit rate will be the PRC-wide rate of 329.94 percent; and (4) 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 exporters that supplied that non-PRC exporter. These deposit 
requirements shall remain in effect until further notice.

Notification of Interested Parties

    This notice also 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

[[Page 43147]]

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 the 
antidumping duties occurred and the subsequent assessment of double 
antidumping duties. This notice also serves as a reminder to parties 
subject to administrative protective orders (``APOs'') 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 that is subject to sanction.
    This notice of the final results of this administrative review is 
issued and published in accordance with sections 751(a)(1) and 
777(i)(1) of the Act.

    Dated: July 19, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-18103 Filed 7-22-10; 8:45 am]
BILLING CODE 3510-DS-P