MESSAGE NO: 0180201
DATE: 06 28 2000
CATEGORY: ADA
TYPE: FIN
REFERENCE: 0152203
REFERENCE DATE: 05 31 2000
CASES:
A - 570 - 853
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PERIOD COVERED:
06 27 2000
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL
RE: AMENDED FINAL DETERMINATION IN THE ANTIDUMPING
INVESTIGATION OF BULK ASPIRIN FROM THE PEOPLE'S
REPUBLIC OF CHINA (A-570-853)
1.
ON 06/27/2000, THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE
FEDERAL REGISTER ITS AMENDED 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.
THIS IS AN AMENDMENT OF MESSAGE NO. 0152203 ON
05/31/2000.
2.
THE PRODUCT COVERED BY THIS INVESTIGATION IS BULK
ACETYLSALICYLIC ACID, WHICH IS COMMONLY REFERRED TO AS BULK
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 ORTHO-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 ORTHO-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.
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OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR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 JUNE 27, 2000, CUSTOMS SHALL REQUIRE FOR ENTRIES A CASH
DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE MARGIN RATES SHOWN
BELOW:
MFR/PRODUCER
CUSTOMS
MARGIN PERCENTAGE
EXPORTER
ID NUMBER
RATE
JILIN PHARMACEUTICAL CO., LTD.
/ JILIN PHARMACEUTICAL IMPORT
& EXPORT CORPORATION
A-570-853-001
10.85
SHANDONG XINHUA
PHARMACEUTICAL FACTORY
A-570-853-002
16.51
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 OR ROSA JEONG, OFFICE OF
AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-1279 OR
(202) 482-3853, RESPECTIVELY.
6.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
PAUL SCHWARTZ