[Federal Register Volume 70, Number 121 (Friday, June 24, 2005)]
[Notices]
[Pages 36562-36563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3300]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-814]


Chlorinated Isocyanurates from Spain: Notice of Antidumping Duty 
Order

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

EFFECTIVE DATE: June 24, 2005.

FOR FURTHER INFORMATION CONTACT: Thomas Martin and Mark Manning, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3936 or (202) 482-5253, respectively.

SUPPLEMENTARY INFORMATION: The final determination in this 
investigation was published on May 10, 2005. See Chlorinated 
Isocyanurates From Spain: Notice of Final Determination of Sales at 
Less Than Fair Value, 70 FR 24506 (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 (Cl3(NCO)3), (2) sodium dichloroisocyanurate (dihydrate) 
(NaCl2(NCO)3 2H2O), and (3) sodium dichloroisocyanurate (anhydrous) 
(NaCl2(NCO)3). Chlorinated isocyanurates are available in powder, 
granular, and tableted forms. This order covers all chlorinated 
isocyanurates.

[[Page 36563]]

    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. In the Final 
Determination, the Department found that Arch's patented chlorinated 
isocyanurates tablet is included within the scope of this antidumping 
duty investigation. See Memorandum from Holly A. Kuga, Senior Office 
Director, to Barbara E. Tillman, Acting Deputy Assistant Secretary for 
Import Administration, ``Scope of the Antidumping Duty Investigations 
of Chlorinated Isocyanurates from the People's Republic of China and 
Spain,'' dated December 10, 2004, adopted without comment in the Final 
Determination.

Antidumping Duty Order

    On June 17, 2005, in accordance with section 735(d) of the Tariff 
Act of 1930, as amended (``the Act''), the ITC notified the Department 
of its final determination pursuant to section 735(b)(1)(A)(i) of the 
Act that an industry in the United States is materially injured by 
reason of less-than-fair-value imports of chlorinated isocyanurates 
from Spain. 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 instruction by the Department, antidumping 
duties equal to the amount by which the normal value of the merchandise 
exceeds the export price (or the constructed export price) of the 
merchandise for all relevant entries of chlorinated isocyanurates from 
Spain. These antidumping duties will be assessed on all entries of 
chlorinated isocyanurates from Spain entered, or withdrawn from 
warehouse, for consumption on or after December 20, 2004, the date on 
which the Department published its notice of preliminary determination 
in the Federal Register. See Chlorinated Isocyanurates From Spain: 
Notice of Preliminary Determination of Sales at Less Than Fair Value 
and Postponement of Final Determination, 69 FR 75902 (December 20, 
2004) (``Preliminary Determination'').
    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 the Spanish exports of subject merchandise, we extended 
the four-month period to no more than six months. See Preliminary 
Determination. In the investigation, the six-month period beginning on 
the date of the publication of the Preliminary Determination ended on 
June 17, 2005. Furthermore, section 737 of the Act states that 
definitive duties are to begin on the date of publication of the ITC's 
final injury determination. 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 Spain entered, or withdrawn from warehouse, for consumption on or 
after June 18, 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 the date of the publication of 
the ITC's final injury determination.
    Effective on the date of publication of the ITC's final affirmative 
injury determination, CBP officers must 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 as noted below. The all others' rate applies to all 
manufacturers and exporters of subject merchandise not specifically 
listed. The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/exporter                  Margin (percent)
------------------------------------------------------------------------
Aragonesas Delsa S.A................................               24.83
All Others..........................................               24.83
------------------------------------------------------------------------

    Pursuant to section 736(a) of the Act, this notice constitutes the 
antidumping duty order with respect to chlorinated isocyanurates from 
Spain. 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 issued and 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. E5-3300 Filed 6-23-05; 8:45 am]
BILLING CODE 3510-DS-S