[Federal Register Volume 73, Number 203 (Monday, October 20, 2008)]
[Notices]
[Pages 62249-62250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24902]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: October 20, 2008.
SUMMARY: On September 10, 2008, the Department of Commerce 
(``Department'') published in the Federal Register the final results of 
the second administrative review of the antidumping duty order on 
chlorinated isocyanurates from the People's Republic of China 
(``PRC''). See Chlorinated Isocyanurates from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review, 73 FR 
52645 (September 10, 2008) (``Final Results''), and accompanying Issues 
and Decision Memorandum. The period of review covered is June 1, 2006, 
through May 31, 2007. We are amending our Final Results to correct 
ministerial errors made in the calculation of the antidumping duty 
margins of Hebei Jiheng Chemical Company Ltd. (``Jiheng'') and Nanning 
Chemical Industry Co., Ltd. (``Nanning'') pursuant to section 751(h) of 
the Tariff Act of 1930, as amended (``the Act'').

FOR FURTHER INFORMATION CONTACT: Jennifer Moats 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-
5047 or (202) 482-0650, respectively.

SUPPLEMENTARY INFORMATION: On September 10, 2008, Clearon Corporation 
and Occidental Chemical Corporation (``Petitioners''), Petitioners in 
the underlying investigation, filed timely ministerial error 
allegations with respect to the Department's antidumping duty margin 
calculation in the Final Results.

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 (Cl[bdi3](NCO)[bdi3]), (2) sodium 
dichloroisocyanurate (dihydrate) 
(NaCl[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, 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 dehydrate 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.

Ministerial Errors

    A ministerial error as defined in section 751(h) of the Act 
``includes errors in addition, subtraction, or other arithmetic 
function, clerical errors resulting from inaccurate copying, 
duplication, or the like, and any other type of unintentional error 
which the Secretary considers ministerial.'' See also 19 CFR 
351.224(f).
    After analyzing Petitioners comments, we have determined, in 
accordance with 19 CFR 351.224(e), that ministerial errors existed in 
certain calculations for Jiheng and Nanning in the Final Results. 
Correction of these errors results in a change to Jiheng's and 
Nanning's final antidumping duty margins. The rate for the PRC-wide 
entity remains unchanged. For a detailed discussion of these 
ministerial errors, as well as the Department's analysis, see 
Memorandum to Wendy J. Frankel, Director, AD/CVD Operations, Office 8, 
from Jennifer Moats, Senior International Trade Analyst, through 
Charles Riggle, Program Manager, AD/CVD Operations, Office 8: Analysis 
of

[[Page 62250]]

Ministerial Error Allegations in the Final Results for Antidumping Duty 
Review on Chlorinated Isocyanurates from the People's Republic of 
China, dated concurrently with this notice. Therefore, in accordance 
with section 751(h) of the Act and 19 CFR 351.224(e), we are amending 
the Final Results of the administrative review of chlorinated 
isocyanurates from the PRC. The revised final weighted-average margins 
for Jiheng and Nanning are as follows:

----------------------------------------------------------------------------------------------------------------
                                                        Original Weighted-Average     Amended Weighted-Average
                Exporter/Manufacturer                       Margin Percentage             Margin Percentage
----------------------------------------------------------------------------------------------------------------
Jiheng..............................................                          0.80                          0.90
Nanning.............................................                         53.67                         54.86
----------------------------------------------------------------------------------------------------------------

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 amended 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 retroactively 
on any entries made on or after September 10, 2008, the date of 
publication of the Final Results, for all shipments of subject 
merchandise entered, or withdrawn from warehouse, for consumption as 
provided by section 751(a)(2)(C) of the Act: (1) for subject 
merchandise exported by Jiheng, the cash deposit rate will be 0.90 
percent and for subject merchandise exported by Nanning, the cash 
deposit rate will be 54.86 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 these amended final results of review 
and notice in accordance with sections 751(a) and 777(i) of the Act.

    Dated: October 10, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-24902 Filed 10-17-08; 8:45 am]
BILLING CODE 3510-DS-S