MESSAGE NO: 0194201 DATE: 07 12 2000
CATEGORY: ADA TYPE: ORD
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 853 - -
- - - -
- - - -

PERIOD COVERED: 07 06 2000 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: ANTIDUMPING DUTY ORDER FOR BULK ASPIRIN FROM CHINA
(A-570-853)


1. ON JULY 6, 2000, THE INTERNATIONAL TRADE COMMISSION
PUBLISHED IN THE FEDERAL REGISTER ITS AFFIRMATIVE FINAL
DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF BULK
ACETYLSALICYLIC ACID ("ASPIRIN") FROM CHINA. ON JULY 11, 2000,
THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS
ANTIDUMPING DUTY ORDER IN THE ANTIDUMPING DUTY INVESTIGATION OF
BULK ASPIRIN FROM THE PEOPLE'S REPUBLIC OF CHINA (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. ON JUNE 30, 2000, THE INTERNATIONAL TRADE COMMISSION
NOTIFIED THE DEPARTMENT OF COMMERCE OF ITS AFFIRMATIVE FINAL
DETERMINATION WITH RESPECT TO BULK ASPIRIN IMPORTED FROM THE
PEOPLE'S REPUBLIC OF CHINA, THE BASIS OF WHICH IS THE THREAT OF
MATERIAL INJURY. ACCORDINGLY, CUSTOMS IS DIRECTED TO TERMINATE
THE SUSPENSION OF LIQUIDATION FOR ALL SHIPMENTS OF BULK ASPIRIN
FROM THE PEOPLE'S REPUBLIC OF CHINA, ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION PRIOR TO JULY 6, 2000, AND TO REFUND
ANY CASH DEPOSITS AND RELEASE ANY BONDS OR OTHER SECURITY
COLLECTED AS A RESULT OF SUCH SHIPMENTS. INTEREST PROVISIONS OF
SECTION 778 OF THE TARIFF ACT OF 1930 DO NOT APPLY.

3. FOR IMPORTS OF BULK ASPIRIN FROM THE PEOPLE'S REPUBLIC OF
CHINA, CUSTOMS SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS THAT
ARE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR
AFTER JULY 6, 2000.

EFFECTIVE JULY 6, 2000, FOR ENTRIES FROM THE FOLLOWING FIRMS,
CUSTOMS SHALL REQUIRE A CASH DEPOSIT EQUAL TO THE MARGINS SHOWN
BELOW:

MFR/PRODUCER CUSTOMS ID MARGIN PERCENTAGE
EXPORTER NUMBER RATE
JILIN PHARMACEUTICAL CO.,
LTD. / JILIN PHARMACEUTICAL
IMPORT EXPORT CORP. 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, 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