[Federal Register: October 1, 2004 (Volume 69, Number 190)]
[Notices]
[Page 58891-58892]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc04-39]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-602]
Aspirin from Turkey: Revocation of Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Revocation of the Antidumping Duty Order on Aspirin
from Turkey.
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SUMMARY: On July 1, 2004, the Department of Commerce (``the
Department'') initiated the second sunset review of the antidumping
duty order on aspirin from Turkey (69 FR 39905). Because the domestic
interested parties did not participate in this sunset review, the
Department is revoking this antidumping duty order.
EFFECTIVE DATE: August 20, 2004
FOR FURTHER INFORMATION CONTACT: Hilary Sadler, Esq., Office of Policy,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, D.C. 20230; telephone: (202) 482-4340.
SUPPLEMENTARY INFORMATION:
The Applicable Statute
The Department's procedures for the conduct of sunset reviews are
set forth in Section 751(c) of the Tariff Act of 1930, as amended (the
``Act''), and 19 CFR 351.218. Guidance on methodological and analytical
issues relevant to the Department's conduct of sunset reviews is set
forth in the Department's Policy Bulletin 98:3 Policies regarding the
Conduct of Five-Year Sunset Reviews of Antidumping and Countervailing
Duty Orders: Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset
Policy Bulletin'').
For purposes of this sunset review, the product covered by this
order is acetylsalicylic acid (aspirin) containing no additives, other
than inactive substances (such as starch, lactose, cellulose, or
coloring material), and/or active substances in concentrations less
than that specified for particular nonprescription drug combinations of
aspirin and active substances as published in the Handbook of
Nonprescription Drugs, eighth edition, American Pharmaceutical
Association, and is not in tablet, capsule or similar forms for direct
human consumption. This product is currently classified under the
Harmonized Tariff Schedule of the United States (``HTS'') subheading
2918.22.10. The HTS number is provided for convenience and customs
purposes. The written description remains dispositive.
Background
On August 25, 1987, the Department issued an antidumping duty order
on aspirin from Turkey (52 FR 32030). On August 20, 1999, the
Department published its notice of continuation of the antidumping duty
order, following a sunset review. See Continuation of Antidumping Duty
Order: Aspirin from Turkey, 64 FR 45508 (August 20, 1999). Pursuant to
section 751(c) of the Act and 19 CFR part 351, the Department initiated
the second sunset review of this order by publishing the notice of the
initiation in the Federal Register (See Initiation Notice, 69 FR 39905
(July 1, 2004)). In addition, as a courtesy to interested parties, the
Department sent letters, via certified and registered mail, to each
party listed on the Department's most current service list for this
proceeding to inform them of the automatic initiation of a sunset
review of this order.
We received no response from the domestic industry by the deadline
dates (see 19 CFR 351.218(d)(1)(i)). As a result, the Department
determined that no domestic party intends to participate in the sunset
review, and on July 20, 2004, we notified the International Trade
Commission, in writing, that we intended to issue a final determination
revoking this antidumping duty order. See 19 CFR 351.218(d)(1)(iii)(B).
Determination to Revoke
Pursuant to section 751(c)(3)(A) of the Act and 19 CFR
351.218(d)(1)(iii)(B)(3), if no domestic interested party responds to
the notice of initiation, the Department shall issue a final
determination, within 90 days after the initiation of the review,
revoking the order. Because no domestic interested party filed a notice
of intent or substantive response, the Department finds that no
domestic interested party is participating in this review, and we are
revoking this antidumping duty order effective August 20, 2004, the
fifth anniversary of the date of the determination to continue the
order, consistent with 19 CFR 351.222(i)(2)(i) and section
751(c)(6)(A)(iii) of the Act.
[[Page 58892]]
Effective Date of Revocation
Pursuant to sections 751(c)(3)(A) and 751(c)(6)(A)(iii) of the Act,
and 19 CFR 351.222(i)(2)(i), the Department will instruct the U.S.
Customs and Border Protection to terminate the suspension of
liquidation of the merchandise subject to this order entered, or
withdrawn from warehouse, on or after August 20, 2004. Entries of
subject merchandise prior to the effective date of revocation will
continue to be subject to suspension of liquidation and antidumping
duty deposit requirements. The Department will complete any pending
administrative reviews of this order and will conduct administrative
reviews of subject merchandise entered prior to the effective date of
revocation in response to appropriately filed requests for review.
This five-year (``sunset'') review and notice are in accordance
with sections 751(c) and 777(i)(1) of the Act.
Dated: September 24, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. E4-2459 Filed 9-30-04; 8:45 am]