[Federal Register Volume 73, Number 150 (Monday, August 4, 2008)]
[Notices]
[Page 45215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17816]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-814]


Chlorinated Isocyanurates from Spain: Notice of Rescission of 
Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY:  In response to a request from Inquide Flix S.A. (Inquide), on 
February 13, 2008, the Department of Commerce (the Department) 
published in the Federal Register a notice announcing the initiation of 
a new shipper review of the antidumping duty order on chlorinated 
isocyanurates from Spain, covering the period June 1, 2007, through 
November 30, 2007. On July 22, 2008, Inquide withdrew its request for a 
new shipper review and, therefore, we are rescinding this review.

EFFECTIVE DATE: August 4, 2008.

FOR FURTHER INFORMATION CONTACT: Scott Lindsay, AD/CVD Operations, 
Office 6, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-0780.

Background

    The Department received a timely request from Inquide, in 
accordance with section 751(a)(2)(B)(i) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.214(c), for a new shipper review of 
the antidumping duty order on chlorinated isocyanurates from Spain. On 
February 13, 2008, the Department found that the request for review 
with respect to Inquide met all of the regulatory requirements set 
forth in 19 CFR 351.214(b) and initiated an antidumping duty new 
shipper review. See Chlorinated Isocyanurates from Spain: Initiation of 
Antidumping Duty New Shipper Review, 73 FR 8290 (February 13, 2008) 
(Initiation Notice). However, the Department noted in the initiation 
notice that it had concerns with Inquide's eligibility for a new 
shipper review, specifically regarding Inquide's certification that it 
had never been affiliated with any producers or exporters of subject 
merchandise. See Initiation Notice.
    On February 14, 2008, the Department issued a questionnaire 
requesting that Inquide clarify whether it has ever been affiliated 
with any exporter or producer who exported subject merchandise to the 
United States during the original period of investigation. Included in 
this questionnaire was documentation from the first administrative 
review of chlorinated isocyanurates from Spain, which called into 
question Inquide's certification regarding its affiliations. See the 
Department's February 14, 2008 questionnaire. Inquide responded to our 
questionnaire on February 26, 2008.
    On July 22, 2008, Inquide withdrew its request for a new shipper 
review.

Rescission of New Shipper Review

    Section 351.214(f)(1) of the Department's regulations provides that 
the Department may rescind a new shipper review if the party that 
requested the review withdraws its request for review within 60 days of 
the date of publication of the notice of initiation of the requested 
review. Although Inquide withdrew its request after the 60-day 
deadline, we find it reasonable to extend the deadline because we have 
not yet committed significant resources to the Inquide new shipper 
review. Specifically, we have not issued the initial questionnaire. 
Further, Inquide was the only party to request this review. Finally, we 
have not received any submissions opposing the withdrawal of the 
request for the review. For these reasons, we are rescinding the new 
shipper review of the antidumping duty order on chlorinated 
isocyanurates from Spain with respect to Inquide in accordance with 19 
CFR 351.214(f)(1).

Notification

    As the Department is rescinding this antidumping duty new shipper 
review, normally, the all-others rate in effect at the time of entry, 
24.83 percent ad valorem, would apply to all exports of chlorinated 
isocyanurates from Spain by Inquide entered, or withdrawn, from 
warehouse for consumption during the period of review (June 1, 2007, 
through November 30, 2007). However, a request for a review of 
Inquide's shipments has also been made for the administrative review of 
chlorinated isocyanurates from Spain, covering the period June 1, 2007 
through May 31, 2008. Because the sale(s) from this new shipper review 
also fall within the period of review of the administrative review, the 
Department will not issue assessment instructions to U.S. Customs and 
Border Protection (CBP) at this time. Upon the completion of the June 
1, 2007 through May 31, 2008 administrative review, the Department will 
issue assessment instructions to CBP as appropriate.
    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/destruction of APO material or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and terms of an APO is a violation which is subject to 
sanctions.
    This new shipper rescission and notice are published in accordance 
with sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: July 25, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-17816 Filed 8-1-08; 8:45 am]
BILLING CODE 3510-DS-S