[Federal Register Volume 73, Number 1 (Wednesday, January 2, 2008)]
[Notices]
[Pages 159-161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25498]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


Chlorinated Isocyanurates from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting 
an administrative review of the antidumping duty order on chlorinated 
isocyanurates (``chlorinated isos'') from the People's Republic of 
China (``PRC'') covering the period December 16, 2004, through May 31, 
2006. We invited interested parties to comment on our preliminary 
results. Based on our analysis of the comments received, we have made 
changes to our margin calculations. Therefore, the final results differ 
from the preliminary results.

EFFECTIVE DATE: January 2, 2008.

FOR FURTHER INFORMATION CONTACT: Katharine Huang or Charles Riggle, AD/
CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1271 or (202) 482-0650, respectively.

Background

    On July 17, 2007, the Department published its preliminary results 
of the antidumping duty order on chlorinated isocyanurates from the 
PRC. See Chlorinated Isocyanurates from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, 72 FR 
39053 (July 17, 2007) (``Preliminary Results''). On August 7, 2007, 
Clearon Corporation (``Clearon'') and Occidental Chemical Corporation 
(``Petitioners''), petitioners in the underlying investigation, 
provided additional information on the appropriate surrogate values to 
use as a means of valuing the factors of production. On the same date, 
Petitioners and BioLab, Inc. (``BioLab''), a domestic producer of the 
like product, requested an extension of the briefing schedule. On 
August 15, 2007, we granted this request to all interested parties. On 
August 16, 2007, the Department received a request for a hearing from 
BioLab. On September 7, 2007, the Department received case briefs from 
Petitioners and BioLab, and from respondent Hebei Jiheng Chemical 
Company Ltd. (``Jiheng Chemical''). On September 13, 2007, the 
Department received rebuttal briefs from Petitioners, BioLab and Jiheng 
Chemical. On September 27, 2007, the Department held public and closed 
hearings. On October 24, 2007, Department officials met with counsel 
for Petitioners. On November 1, 2007, Department officials met with 
counsel for Jiheng Chemical. On November 13, 2007, Department officials 
met with counsel for BioLab. On November 14, 2007, the Department 
extended the time period for completion of the final results until 
December 14, 2007. See Chlorinated Isocyanurates from the People's 
Republic of China: Notice of Extension of Time Limit for the Final 
Results of the Antidumping Duty Administrative Review, 72 FR 65563 
(November 21, 2007).
    We have conducted this administrative review in accordance with 
section 751 of the Tariff act of 1930, as amended (``the Act'') and 19 
CFR 351.213.

Scope of the Order

    The products covered by this order are chlorinated isocyanurates, 
as described below: 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)32H2O), and (3) 
sodium dichloroisocyanurate (anhydrous) 
(NaCl2(NCO)3). 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, 2933.69.6050, 3808.40.50, 
3808.50.40 and 3808.94.50.00 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

[[Page 160]]

written description of the scope of this order is dispositive.

Analysis of Comments Received

    All issues raised in the post-preliminary comments by parties in 
this review are addressed in the memorandum from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration, ``Issues and 
Decision Memorandum for the 2004-2006 Administrative Review of 
Chlorinated Isocyanurates from the People's Republic of China'' 
(December 14, 2007) (``Issues and Decision Memorandum''), which is 
hereby adopted by this notice. A list of the issues that parties raised 
and to which we responded in the Issues and Decision Memorandum is 
attached to this notice as an appendix. The Issues and Decision 
Memorandum is a public document and is on file in the Central Records 
Unit (``CRU'') in room B-099 in the main Commerce Department building, 
and is also accessible on the Web at http://ia.ita.doc.gov/frn. The 
paper copy and electronic version of the memorandum are identical in 
content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made changes in 
the margin calculations for Jiheng Chemical. See Issues and Decision 
Memorandum, at Comments 1-18.
     We revised the calculation of normal value (``NV'') to 
eliminate Jiheng Chemical's by-product credits for discharged chlorine 
gas, hydrogen gas, sulfuric acid and ammonia gas. See Comment 15.
     We revised the calculation of international ocean freight 
to include the relevant itemized charges. See Comment 8.
     We revised the calculation of surrogate financial ratios 
using only financial statements for Kanoria Chemicals & Industries 
Limited. See Comment 10.
     We corrected errors in calculating U.S. Net price. See 
Comments 16 and 17.

Final Results of Review

    We determined that the following dumping margins exist for the 
period December 16, 2004, through May 31, 2006.

------------------------------------------------------------------------
                                                       Weighted-Average
                Exporter/Manufacturer                  Margin Percentage
------------------------------------------------------------------------
Jiheng Chemical.....................................               18.44
------------------------------------------------------------------------

Assessment Rates

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (``CBP'') 15 days after the date of 
publication of these final results of review. In accordance with 19 CFR 
351.212(b)(1), we have calculated importer-specific assessment rates 
for merchandise subject to this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2)(C) of the Act: (1) for subject 
merchandise exported by Jiheng Chemical, the cash deposit rate will be 
18.44 percent; (2) for previously reviewed or investigated exporters 
not listed above that have separate rates, the cash-deposit rate will 
continue to be the exporter-specific rate published for the most recent 
period; (3) for all PRC exporters of subject merchandise, which have 
not been found to be entitled to a separate rate, the cash-deposit rate 
will be the PRC-wide rate of 285.63 percent; and (4) for all non-PRC 
exporters of subject merchandise that have not received their own rate, 
the cash-deposit rate will be the rate applicable to the PRC exporter 
that supplied that non-PRC exporter. These deposit requirements shall 
remain in effect until further notice.

Notification of Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties. This notice also serves as a 
reminder to parties subject to administrative protective orders 
(``APOs'') of their responsibility concerning the return or destruction 
of proprietary information disclosed under APO in accordance with 19 
CFR 351.305, which continues to govern business proprietary information 
in this segment of the proceeding. Timely written notification of the 
return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a violation that is subject to 
sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a) and 777(i) of the Act.

    Dated: December 14, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Issues and Decision Memorandum

Surrogate Values

Comment 1: Surrogate Value for Urea
Comment 2: Surrogate Value for Sodium Chloride (Salt)
Comment 3: Surrogate Value for Ferric Trichloride
Comment 4: Surrogate Value for Water
Comment 5: Surrogate Value for Desiccant
Comment 6: Surrogate Value for Electricity
Comment 7: Surrogate Value for Steam Coal
Comment 8: Surrogate Value for International Ocean Freight
Comment 9: Surrogate Values from Chemical Weekly

Financial Ratios

Comment 10: Eligibility of DCM as Source for Surrogate Financial Ratios
Comment 11: DCM's Expenses for Traded Goods in the Financial Ratio 
Calculation
Comment 12: Applying Income Offsets in Calculating Financial Ratios
Comment 13: Changes in Stock for DCM and Kanoria's Cost of Materials 
Calculations
Comment 14: Use of Net Cost in Financial Ratio Calculations

By-Products

Comment 15: Intermediate Input By-Product Offsets for Chlorine Gas, 
Hydrogen Gas, Sulfuric Acid and Ammonia Gas
    A. Chlorine Gas
    B. Hydrogen Gas
    C. Waste Sulfuric Acid
    D. Ammonia Gas

Other Issues

Comment 16: Inclusion of Reimbursement for Certain Materials in U.S. 
Price
Comment 17: Correct Treatment of a Raw Material not Provided Free of 
Charge

[[Page 161]]

Comment 18: Zeroing Methodology
[FR Doc. E7-25498 Filed 12-31-07; 8:45 am]
BILLING CODE 3510-DS-S