[Federal Register: February 11, 2003 (Volume 68, Number 28)]
[Notices]               
[Page 6885]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11fe03-38]                         


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DEPARTMENT OF COMMERCE


International Trade Administration


[A-570-878]


 
Saccharin from the People's Republic of China: Postponement of 
Final Determination of Antidumping Duty Investigation


AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.


EFFECTIVE DATE: February 11, 2003.


FOR FURTHER INFORMATION CONTACT: Mark Hoadley (Suzhou Fine Chemicals 
Group Co., Ltd.) at (202) 482-3148, and Javier Barrientos (Shanghai 
Fortune Chemical Co., Ltd.) at (202) 482-2243; Office of AD/CVD 
Enforcement VII, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC.


SUPPLEMENTARY INFORMATION:


Statutory Time Limits


    Section 735(a)(1) of the Tariff Act of 1930, as amended (the Act), 
requires the Department to issue the final determination regarding 
sales at less than fair value (LTFV) in an investigation within 75 days 
after the date of its preliminary determination. However, section 
735(a)(2) of the Act states that the Department may postpone the final 
determination until not later than 135 days after the date of 
publication of the preliminary determination, if, in the case of a 
proceeding in which the preliminary determination was affirmative, a 
request in writing for such a postponement is made by exporters who 
account for a significant portion of the exports of subject 
merchandise. Section 351.210(e)(2) of the Department's regulations 
further states that the exporter must also request that the Department 
extend the provisional measures from a four-month period to a period of 
not more than six months.


Background


    On July 31, 2002, the Department initiated an investigation to 
determine whether imports of saccharin are being, or are likely to be, 
sold in the United States at LTFV (67 FR 51536 (August 8, 2002)). On 
August 30, 2002, the International Trade Commission (ITC) published its 
preliminary determination that there is a reasonable indication that an 
industry in the United States is materially injured by reason of 
imports of saccharin from the PRC. See Saccharin from China, 67 FR 
55872 (August 30, 2002). On December 27, 2002, the Department published 
its preliminary determination in this investigation. See Notice of 
Preliminary Determination of Sales at Less than Fair Value: Saccharin 
from the People's Republic of China, 67 FR 79049 (December 27, 2002). 
On December 31, 2002, the two respondents selected in this 
investigation, Shanghai Fortune Chemicals Co., Ltd. and Suzhou Fine 
Chemicals Group Co., Ltd., as well as Kaifeng Xinghua Fine Chemical 
Factory, requested that the Department postpone the final 
determination. On January 7, 2003, the same parties requested that the 
Department extend the provisional measures period from four months to a 
period not longer than six months.


Postponement of Final Determination


    Given the fact that the Department made an affirmative preliminary 
determination and exporters/producers of subject merchandise accounting 
for a significant portion of the exports during the period of 
investigation requested postponement and also asked that the Department 
extend the provisional measures from a four-month period to a period of 
not more than six months, as required by the Department's regulations, 
we are postponing the final determination until no later than May 12, 
2003 (i.e., 135 days after the publication of the preliminary 
determination; however, since May 11, falls on a weekend, the due date 
will fall on the next business day, May 12). This extension is in 
accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(g).


    Dated: February 3, 2003.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 03-3403 Filed 2-10-03; 8:45 am]