Bulk Aspirin From the People's Republic of China: Notice of Amended Final Determination and Amended Order Pursuant to Final Court Decision

Résumé

On September 9, 2002, the Court of International Trade ("CIT" or "the Court") affirmed the Department's remand determination and entered a judgment order in Rhodia, Inc. v. United States, 240 F. Supp. 2d 1247 (CIT 2002) ("Rhodia II"), a lawsuit challenging certain aspects of the Department of Commerce's ("the Department") Notice of Final Determination of Sales at Less Than Fair Value: Bulk Aspirin From the People's Republic of China, 65 FR 33805 (May 25, 2000) and accompanying Issues and Decision Memorandum (May 17, 2000) ("Issues and Decision Memorandum"), and Notice of Amended Final Determination of Sales at Less Than Fair Value: Bulk Aspirin from the People's Republic of China, 65 FR 39598 (June 27, 2000) (collectively, "Final Determination"). On October 14, 2003, the CIT's opinion upholding the Department's final remand was affirmed without opinion by the U.S. Court of Appeals for the Federal Circuit ("Federal Circuit"). See Rhodia II, 240 F. Supp. 2d 1247 (CIT 2002) aff'd mem. Ct. No. 03-1097 (October 14, 2003); 2003 U.S. App. LEXIS 21424. In its remand determination, the Department reviewed the record evidence regarding the extent to which the Indian surrogate producers are i