Saccharin from China - USITC

mouthwash. 14 By weight, it is about 350 times sweeter than sugar. 15 It is also used as an additive inadhesives and in metalworking fluids to facilitate electroplating. 16 End users in the food and beveragemarkets are primarily soft-drink manufacturers and manufacturers of table-top sweetener packets forrestaurants, airlines, and other firms serving beverages to the public. 17 The auto and auto partsindustries consume saccharin in electroplating chrome bumpers and accessories. Saccharin is also usedin pharmaceuticals, animal feed, tobacco, and food mixes. 18In the original determination, the Commission found one domestic like product consisting of allforms of saccharin, coextensive with Commerce’s scope. 19 The Commission noted that, in thepreliminary phase of the investigation, it had found one domestic like product consisting of all forms ofsaccharin based upon the similarity in physical characteristics and uses, general interchangeability,common channels of distribution, common manufacturing facilities and production process, and generalsimilarity in price. 20 The Commission further observed that, in the final phase of the investigation, noparty had argued the Commission should revisit its like product definition nor had any facts arisen thatwould otherwise indicate the Commission should do so. 21C. Analysis and ConclusionIn this five-year review, no facts have arisen that would indicate the Commission should revisitits original like product finding, nor has any party argued the Commission should do so. Accordingly,we find that the domestic like product consists of all forms of saccharin, which is coextensive with thescope.III.DOMESTIC INDUSTRY AND RELATED PARTIESA. Domestic IndustrySection 771(4)(A) of the Act defines the relevant industry as the domestic “producers as a{w}hole of a domestic like product, or those producers whose collective output of a domestic likeproduct constitutes a major proportion of the total domestic production of the product.” 22 In decidingwhether a firm qualifies as a domestic producer, the Commission generally has analyzedthe overall nature of a firm’s production-related activities in the United States, although productionrelatedactivity at minimum levels could be insufficient to constitute domestic production. TheCommission generally considers six factors:(1) source and extent of the firm's capital investment;(2) technical expertise involved in U.S. production activities;14CR at I-11; PR at I-8.15CR at I-11; PR at I-8.16CR at I-11; PR at I-8.17CR at I-11; PR at I-8.18CR at I-11; PR at I-8.19Original Determination at 6.20Original Determination at 6; See also, Saccharin from China, Inv. No. 731-TA-1013 (Preliminary), USITC Pub.3535 (Sept. 2002), at 5-7.21Original Determination at 6.2219 U.S.C. § 1677(4)(A). The definitions in 19 U.S.C. § 1677 are applicable to the entire subtitle containing theantidumping and countervailing duty laws, including 19 U.S.C. §§ 1675 and 1675a. See 19 U.S.C. § 1677.5