MESSAGE NO: 0152203 DATE: 05 31 2000
CATEGORY: ADA TYPE: FIN
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 853 - -
- - - -
- - - -

PERIOD COVERED: 05 25 2000 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: FINAL DETERMINATION IN THE ADD INVESTIGATION OF BULK
ASPIRIN FROM CHINA (A-570-853)


1. ON MAY 25, 2000, THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER ITS FINAL AFFIRMATIVE DETERMINATION OF SALES
AT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF
BULK ASPIRIN FROM THE PEOPLE'S REPUBLIC OF CHINA.

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 PEOPLE'S REPUBLIC OF
CHINA, THE CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND LIQUIDATIONS
OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER JANUARY 3, 2000 EXCEPT FOR MERCHANDISE
PRODUCED AND EXPORTED BY JILIN PHARMACEUTICAL CO., LTD. / JILIN
PHARMACEUTICAL IMPORT AND EXPORT CORPORATION (CUSTOMS ID NUMBER
A-
570-853-001). FOR IMPORTS OF BULK ASPIRIN FROM THE PEOPLE'S
REPUBLIC OF CHINA PRODUCED AND EXPORTED BY JILIN PHARMACEUTICAL
CO., LTD. / JILIN PHARMACEUTICAL IMPORT AND EXPORT CORPORATION,
CUSTOMS SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER MAY 25,
2000.

EFFECTIVE MAY 25, 2000, CUSTOMS SHALL REQUIRE FOR ENTRIES A CASH
DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE MARGIN RATES SHOWN
BELOW:

MFR/PRODUCER MARGIN/PERCENTATE
EXPORTER CUSTOMS ID # RATE

JILIN PHARMACEUTICAL
CO., LTD. / JILIN
PHARMACEUTICAL
IMPORT AND EXPORT CORP. A-570-853-001 4.72

SHANDONG XINHUA
PHARMACEUTICAL FACTORY A-570-853-002 42.77

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