Saccharin from China - USITC

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Table I-2Saccharin: Administrative reviews of the antidumping duty order for ChinaFR citation Period of review Producer or exporter MarginShanghai Fortune Chemical Co., Ltd. 17.0571 FR 7515 (February 13, 2006) 12/27/2002-6/30/2004All others 1 329.33Shanghai Fortune Chemical Co., Ltd. 0.0072 FR 51800 (September 11, 2007) 7/1/2005-6/30/2006 All others 1 329.331 The all other rate includes: Suzhou Fine Chemicals Group Co., Kaifeng Xinghua Fine Chemical Factory, Tianjin North Food,Tianjin Changjie Chemical Co., Ltd., and Beta Udyog Ltd. 71 FR 7515 (February 13, 2006). Beta Udyog ***. As part of the firstannual administrative review (69 FR 52857, August 30, 2004), PMC requested that Commerce review entries from severalforeign exporters/producers, including Beta Udyog. Beta Udyog did not respond to Commerce’s request for information andCommerce issued its determination including Beta Udyog under the order. PMC’s posthearing brief, exh. 9 and PMC’sResponses to Plant Trip Questions, pp. 5-6.Source: Cited Federal Register notices.Results of Original Investigations and Expedited Five-Year ReviewsTable I-3 presents the margins calculated by Commerce in its original investigation and in itsexpedited reviews on China.Table I-3Saccharin: Commerce’s original and five-year review antidumping duty margins for producers/exporters inChinaProducer/exporterOriginal margins 1(percent ad valorem)China 1First five-year review margins 2(percent ad valorem)Suzhou Fine Chemical Group Co., Ltd. 291.57 291.57Shanghai Fortune Chemical Co., Ltd. 249.39 249.39Kaifeng Xinhua Fine Chemical Factory 281.97 281.97China-wide 329.94 329.941 Notice of Final Determination of Sales at Less Than Fair Value: Saccharin From the People’s Republic of China, 68 FR27530, May 30, 2003; Notice of Amended Final Determination of Sales at Less Than Fair Value: Saccharin From the People’sRepublic of China, 68 FR 35383, June 13, 2003; Notice of Antidumping Duty Order: Saccharin from the People’s Repubic ofChina, 68 FR 40906, July 9, 2003.2 Saccharin from the People’s Republic of China: Notice of Final Results of Expedited Sunset Review of Antidumping DutyOrder, 73 FR 59604, October 9, 2008.Source: Cited Federal Register notices. Commerce’s notice of final results of expedited review is presented in app. A.Distribution of Continued Dumping and Subsidy Offset Act Fundsto Affected Domestic ProducersThe Continued Dumping and Subsidy Offset Act of 2000 (“CDSOA”) (also know as the ByrdAmendment) provides that assessed duties received pursuant to antidumping or countervailing dutyorders must be distributed to affected domestic producers for certain qualifying expenditures that theseI-6
producers incur after the issuance of such orders. 10 During the period of review, PMC was the onlyqualified U.S. producer of saccharin eligible to receive disbursements from the U.S. Customs and BorderProtection (“Customs”) under CDSOA relating to the antidumping duty order on the subject product. 11Table I-4 presents CDSOA disbursements and claims for Federal fiscal years (October 1-September 30)2004-08.Table I-4Saccharin: Industry CDSOA disbursements, Federal fiscal years 2004-08Fiscal year Amount disbursed (dollars) Amount claimed (dollars)2004 3 20,843,1872005 3,980 20,843,1842006 39,030 20,839,2042007 ( 1 ) ( 1 )2008 95,599 2 20,800,174Total 138,612 83,325,7491 Not applicable, no filings listed on Customs’ website.2 Data are for fiscal year 2008 as of January 15, 2009.Source: Custom’s CDSOA Annual Reports for disbursement and claims data for 2004-08 athttp://www.cbp.gov/xp/cgov/trade/priority_trade/add_cvd/cont_dump/, retrieved February 23, 2009.THE SUBJECT PRODUCTAccording to Commerce’s scope, the imported product subject to the antidumping duty orderunder review is defined by Commerce as follows:“Saccharin is defined as a non-nutritive sweetener used in beverages and foods,toothpaste, table top sweeteners, and animal feeds. It is also used inmetalworking fluids. There are four primary chemical compositions ofsaccharin: (1) Sodium saccharin (American Chemical Society Chemical AbstractService (“CAS”) Registry 128-44-9); (2) calcium saccharin (CAS Registry 6485-34-3); (3) acid (or insoluble) saccharin (CAS Registry 81-07-2); and (4)research grade saccharin. Most of the U.S.-produced and imported grades ofsaccharin from China are sodium and calcium saccharin, which are available ingranular, powder, spray-dried powder, and liquid forms. The merchandisesubject to this order is currently classifiable under subheading 2925.11.00 of theHarmonized Tariff Schedule of the United States (HTSUS) and includes all typesof saccharin imported under this HTSUS subheading, including research andspecialized grades. Although the HTSUS subheading is provided forconvenience and customs purposes, the written description of the scope of thisorder remains dispositive.”10Section 754 of the Tariff Act of 1930, as amended (19 U.S.C. §1675(c)).1119 CFR 159.64(g).I-7
Page 1 and 2: Saccharin from ChinaInvestigation N
Page 3: U.S. International Trade Commission
Page 6 and 7: CONTENTSPagePart III: Condition of
Page 9 and 10: VIEWS OF THE COMMISSIONBased on the
Page 11 and 12: mouthwash. 14 By weight, it is abou
Page 13 and 14: statement challenging PMC’s statu
Page 15 and 16: Quantity and Type of Parts Sourced
Page 17 and 18: IV.LIKELIHOOD OF CONTINUATION OR RE
Page 19 and 20: B. Conditions of Competition and th
Page 21 and 22: . Supply in the U.S. MarketAs in th
Page 23 and 24: In the original determination, the
Page 25 and 26: significant volumes of saccharin to
Page 27 and 28: the domestic like product. 160 All
Page 29: period, increasing from *** percent
Page 32 and 33: injured or likely to be injured by
Page 34 and 35: Table I-1--ContinuedSaccharin: Summ
Page 38 and 39: U.S. Tariff TreatmentImports of thi
Page 40 and 41: and monkeys, evidence strongly supp
Page 42 and 43: Channels of DistributionDuring the
Page 44 and 45: Table I-8Saccharin: U.S. shipments
Page 46 and 47: PMC sells saccharin ***, while mark
Page 48 and 49: The combined quantity of purchases
Page 50 and 51: Table II-5Saccharin: Interchangeabi
Page 52 and 53: adjusting supply in response to pri
Page 54 and 55: Changes in Character of Operations
Page 56 and 57: PMC further described its reenginee
Page 58 and 59: 2008, both of these forms of saccha
Page 61 and 62: PART IV: U.S. IMPORTS, THE INDUSTRY
Page 63 and 64: Table IV-2Saccharin: U.S. importers
Page 65 and 66: The capacity, production, exports,
Page 67 and 68: In order to protect the sugar indus
Page 69 and 70: Table IV-7Saccharin: Global exports
Page 71 and 72: Trade BalancesTable IV-9 contains G
Page 73: Information concerning exports of s
Page 76 and 77: Figure V-1Exchange rates: Index of
Page 78 and 79: Table V-3Saccharin: Weighted-averag
Page 81 and 82: 31504 Federal Register / Vol. 73, N
Page 87 and 88:
wilkins on PROD1PC63 with NOTICES72
Page 89:
APPENDIX BCALENDAR OF PUBLIC HEARIN
Page 92 and 93:
In Opposition to Continuation of th
Page 95:
Table C-1Saccharin: Summary data co
Page 99 and 100:
U.S. PRODUCERS COMMENTSThe Commissi
Page 101 and 102:
***“***.”***“No.”***“No.
Page 103 and 104:
DOC/ITC regulations. Their own prod
Page 105 and 106:
***“*** could lower inventories b
Page 107 and 108:
***“*** cannot comment on this, n
Page 109:
The Commission requested foreign pr
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