MESSAGE NO: 0027206
DATE: 01 27 2000
CATEGORY: ADA
TYPE: PRE
REFERENCE:
REFERENCE DATE:
CASES:
A - 570 - 853
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PERIOD COVERED:
01 03 2000
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL
RE: NOTICE OF PRELIMINARY DETERMINATION IN THE ANTIDUMPING
DUTY INVESTIGATION OF BULK ASPIRIN FROM THE PEOPLE'S
REPUBLIC OF CHINA (A-570-853)
1.
ON JANUARY 3, 2000, THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER ITS PRELIMINARY DETERMINATION OF SALES
AT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY
INVESTIGATION OF BULK ASPIRIN FROM THE PEOPLE'S REPUBLIC OF
CHINA (PRC) (A-570-853).
2.
THE PRODUCT COVERED BY THIS INVESTIGATION IS BULK ASPIRIN,
WHICH IS COMMONLY REFERRED TO AS "ASPIRIN", WHETHER OR NOT
IN PHARMACEUTICAL OR COMPOUND FORM, NOT PUT UP IN DOSAGE
FORM (TABLET, CAPSULE, POWDERS OR SIMILAR FORM FOR DIRECT
HUMAN CONSUMPTION).
BULK ASPIRIN MAY BE IMPORTED IN TWO
FORMS, AS PURE ORTH-ACETYLSALICYLIC ACID OR AS MIXED ORTHO-
ACETYLSALICYLIC ACID.
PURE ORTHO-ACETYLSALICYLIC ACID CAN
BE EITHER IN CRYSTAL FORM OR GRANULATED INTO A FINE POWDER
(PHARMACEUTICAL FORM).
THIS PRODUCT HAS THE CHEMICAL
FORMULA C9H8O4.
IT IS DEFINED BY THE OFFICIAL MONOGRAPH OF
THE UNITED STATES PHARMACOPOEIA ("USP") 23.
IT IS
CLASSIFIED UNDER THE HARMONIZED TARIFF SCHEDULE OF THE
UNITED STATES ("HTSUS") SUBHEADING 2918.22.1000.
MIXED ORTH-ACETYLSALICYLIC ACID CONSISTS OF ORTHO-
ACETYLSALICYLIC ACID COMBINED WITH OTHER INACTIVE SUBSTANCES
SUCH AS STARCH, LACTOSE, CELLULOSE, OR COLORING MATERIALS
AND/OR OTHER ACTIVE SUBSTANCES.
THE PRESENCE OF OTHER
ACTIVE
SUBSTANCES MUST BE
IN CONCENTRATIONS LESS THAN
THAT SPECIFIED FOR NONPRESCRIPTION DRUG COMBINATIONS OF
ASPIRIN AND ACTIVE SUBSTANCES AS PUBLISHED IN THE
HANDBOOK
OF NONPRESCRIPTION DRUGS, EIGHTH EDITION, AMERICAN EDITION,
AMERICAN PHARMACEUTICAL ASSOCIATION.
THIS PRODUCT IS
CLASSIFIED UNDER HTSUS SUBHEADING 3003.90.0000.
ALTHOUGH
THE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND
CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE MERCHANDISE
UNDER QUESTION IS DISPOSITIVE.
BULK ASPIRIN IS PROVIDED FOR
IN SUBHEADING 2918.22.1000 OF THE HARMONIZED TARIFF SCHEDULE
OF THE UNITED STATES (HTSUS).
ALTHOUGH THE HTSUS SUBHEADING
AND THE CAS REGISTRY NUMBER ARE PROVIDED FOR CONVENIENCE AND
CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE MERCHANDISE
UNDER INVESTIGATION IS DISPOSITIVE.
3.
FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER: A-570-853.
4.
FOR IMPORTS OF BULK ASPIRIN FROM THE PRC, EXCEPT FOR BULK
ASPIRIN MANUFACTURED AND EXPORTED BY JILIN PHARMACEUTICAL
CO., LTD./JILIN PHARMACEUTICAL IMPORT AND EXPORT
CORPORATION, (CUSTOMS ID NUMBER A-570-853-001), WHICH HAS A
MARGIN OF ZERO PERCENT, THE CUSTOMS SERVICE SHALL SUSPEND
LIQUIDATION OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER JANUARY 3, 2000.
EFFECTIVE JANUARY 3, 2000, FOR SUCH ENTRIES, CUSTOMS SHALL
REQUIRE A CASH DEPOSIT OR POSTING OF A BOND EQUAL TO THE
MARGINS BELOW:
MFR/PRODUCER
EXPORTER
CUSTOMS ID NUMBER MARGIN PERCENTAGE
RATE
SHANDONG XINHUA PHARMACEUTICAL FACTORY A-570-853-002
11.14
PRC-WIDE RATE
A-570-853-000
144.02
5.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY
CUSTOMS OFFICERS, PLEASE CONTACT, VIA E-MAIL, THROUGH
THE APPROPRIATE SUPERVISORY CHANNELS, OTHER GOVERNMENT
AGENCY LIAISON, USING THE ATTRIBUTE "HQ OAB."
THE
IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD
CONTACT RYAN LANGAN, BLANCHE ZIV OR ROSA JEONG, OFFICE
OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, AT (202) 482-1279, (202) 482-4207 OR (202) 482-
3853, RESPECTIVELY.
6.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
PAUL SCHWARTZ