[Federal Register Volume 70, Number 121 (Friday, June 24, 2005)]
[Notices]
[Pages 36561-36562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3299]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


Notice of Antidumping Duty Order: Chlorinated Isocyanurates from 
the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (``the Department'') and the International Trade Commission 
(``ITC''), the Department is issuing an antidumping duty order on 
chlorinated Isocyanurates from the People's Republic of China 
(``PRC''). On June 17, 2005, the ITC notified the Department of its 
affirmative determination of material injury to a U.S. industry 
(Chlorinated Isocyanurates from China and Spain, Investigations Nos. 
731-TA-1082-1083 (Final), USITC Publication 3782, June 2005).

EFFECTIVE DATE: June 24, 2005.

FOR FURTHER INFORMATION CONTACT: Alex Villanueva at (202) 482-3208 or 
Cindy Lai Robinson at (202) 482-3797; AD/CVD Operations, Office 9, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION: The final determination in this 
investigation was published on May 10, 2005. See Notice of Final 
Determination of Sales at Less Than Fair Value: Chlorinated 
Isocyanurates From the People's Republic of China, 70 FR 24502 (May 10, 
2005) (``Final Determination'').

Scope of the Order

    The products covered by this order are chlorinated isocyanurates. 
Chlorinated isocyanurates are derivatives of cyanuric acid, described 
as chlorinated s-triazine triones. There are three primary chemical 
compositions of chlorinated isocyanurates: (1) trichloroisocyanuric 
acid (Cl[bdi3](NCO)[bdi3]), (2) sodium dichloroisocyanurate (dihydrate) 
(NaClf[bdi2](NCO)[bdi3]2H[bdi2]O), and (3) sodium 
dichloroisocyanurate (anhydrous) (NaCl[bdi2](NCO)[bdi3]). Chlorinated 
isocyanurates are available in powder, granular, and tableted forms. 
This order covers all chlorinated isocyanurates.
    Chlorinated isocyanurates are currently classifiable under 
subheadings 2933.69.6015, 2933.69.6021, and 2933.69.6050 of the 
Harmonized Tariff Schedule of the United States (``HTSUS''). The tariff 
classification 2933.69.6015 covers sodium dichloroisocyanurates 
(anhydrous and dihydrate forms) and trichloroisocyanuric acid. The 
tariff classifications 2933.69.6021 and 2933.69.6050 represent basket 
categories that include chlorinated isocyanurates and other compounds 
including an unfused triazine ring. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of this order is dispositive.
    On July 1, 2004, Arch Chemicals, Inc. (``Arch''), an importer, 
argued that its patented, formulated, chlorinated isocyanurates tablet 
is not covered by the scope of the investigation. On December 10, 2004, 
the Department found that Arch's patented chlorinated isocyanurates 
tablet is included within the scope of this antidumping duty 
investigation. See Memorandum to Barbara E. Tillman, Acting Deputy 
Assistant Secretary for Import Administration, from Holly A. Kuga, 
Senior Office Director, Office 4, Re: Scope of the Antidumping Duty 
Investigations on Chlorinated Isocyanurates from the People's Republic 
of China and Spain, dated December 10, 2004, which is on file in the 
Central Records Unit (``CRU''), Room B-099 of the Main Commerce

[[Page 36562]]

building, for a detailed discussion of comments submitted by Arch.

Antidumping Duty Order

    On June 17, 2005, the ITC notified the Department of its final 
determination pursuant to section 735(b)(1)(A)(I) of the Tariff Act of 
1930, as amended (``the Act''), that the industry in the United States 
producing chlorinated isocyanurates is materially injured by reason of 
less-than-fair-value imports of subject merchandise from the PRC. In 
addition, the ITC notified the Department of its final determination 
that critical circumstances do not exist with respect to imports of 
subject merchandise from the PRC that are subject to the Department's 
partial affirmative critical circumstances finding. Therefore, in 
accordance with section 736(a)(1) of the Act, the Department will 
direct U.S. Customs and Border Protection (``CBP'') to assess, upon 
further advice by the Department, antidumping duties equal to the 
amount by which the normal value of the merchandise exceeds the export 
price of the merchandise for all relevant entries of chlorinated 
isocyanurates from the PRC. These antidumping duties will be assessed 
on all unliquidated entries of chlorinated isocyanurates from the PRC 
entered, or withdrawn from the warehouse, for consumption on or after 
December 16, 2004, the date on which the Department published its 
Preliminary Determination. See Notice of Preliminary Determination of 
Sales at Less Than Fair Value and Postponement of Final Determination: 
Chlorinated Isocyanurates From the People's Republic of China, 69 FR 
75293 (December 16, 2004) (``Preliminary Determination'').
    With regard to the ITC negative critical circumstances 
determination, we will instruct CBP to lift suspension and to release 
any bond or other security, and refund any cash deposit made, to secure 
the payment of antidumping duties with respect to entries of the 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after September 17, 2004, but before December 16, 2004. September 17, 
2004, is 90 days prior to December 16, 2004, the date of publication of 
the Preliminary Determination in the Federal Register.
    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of chlorinated isocyanurates, we extended the four-month 
period to no more than six months. See Preliminary Determination. In 
the investigation, the six-month period began on the date of the 
publication of the Preliminary Determination, December 16, 2004, and 
ended on June 13, 2005. Definitive duties are to begin on the date of 
publication of the ITC's final injury determination. See section 737 of 
the Act. Therefore, in accordance with section 733(d) of the Act and 
our practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of chlorinated isocyanurates from the PRC entered, 
or withdrawn from warehouse, for consumption on or after June 14, 2005, 
and before the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation will 
continue on or after this date.
    On or after the date of publication of the ITC's notice of final 
affirmative injury determination in the Federal Register, CBP will 
require, at the same time as importers would normally deposit estimated 
duties on this merchandise, a cash deposit equal to the estimated 
weighted-average antidumping duty margins noted below. The ``PRC-Wide'' 
rates apply to all exporters of subject merchandise not specifically 
listed. The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/Exporter                      (percent)
------------------------------------------------------------------------
Hebei Jiheng Chemical Co., Ltd..............................       75.78
Nanning Chemical Industry Co., Ltd..........................      285.63
Changzhou Clean Chemical Co., Ltd...........................      137.69
Liaocheng Huaao Chemical Industry Co., Ltd..................      137.69
Sinochem Hebei Import & Export Corporation..................      137.69
Sinochem Shanghai Import & Export Corporation...............      137.69
PRC -Wide Rate..............................................      285.63
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
chlorinated isocyanurates from the PRC, pursuant to section 736(a) of 
the Act. Interested parties may contact the Department's Central 
Records Unit, Room B-099 of the main Commerce building, for copies of 
an updated list of antidumping duty orders currently in effect.
    This order is published in accordance with section 736 (a) of the 
Act and 19 CFR 351.211.

    Dated: June 21, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-3299 Filed 6-23-05; 8:45 am]
BILLING CODE 3510-DS-S