[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Notices]
[Pages 79789-79791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30995]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-469-814)


Chlorinated Isocyanurates from Spain: Final Results of 
Antidumping Duty Administrative Review

AGENCY:  Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Department) published its 
preliminary results of the administrative review of the antidumping 
duty order on chlorinated isocyanurates (chlorinated isos) from Spain 
on July 10, 2008. See Chlorinated Isocyanurates from Spain: Preliminary 
Results of Antidumping Duty Administrative Review, 73 FR 39650 (July 
10, 2008) (Preliminary Results). The period of review (POR) is June 1, 
2006 through May 31, 2007. We invited interested parties to comment on 
our Preliminary Results. Based on our analysis of the comments 
received, we have made changes to our calculations. The final dumping 
margin for this review is listed in the ``Final Results of Review'' 
section below.

EFFECTIVE DATE: December 30, 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.

SUPPLEMENTARY INFORMATION: On June 24, 2005, the Department published 
in the Federal Register an antidumping duty order on chlorinated isos 
from Spain. See Chlorinated Isocyanurates from Spain: Notice of 
Antidumping Duty Order, 70 FR 36562 (June 24, 2005) (Chlorinated Isos 
Order). On July 26, 2007, the Department published in the Federal 
Register a notice of the initiation of the antidumping duty 
administrative review of chlorinated isos from Spain for the period 
June 1, 2006 through May 31, 2007. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews and Request for Revocation 
in Part, 72 FR 41057 (July 26, 2007).
    The Department published the preliminary results of this review on 
July 10, 2008. See Preliminary Results. We invited parties to comment 
on our preliminary results of review. See Preliminary Results. The 
respondent, Aragonesas Industrias y Energ[iacute]a S.A. (Aragonesas) 
and the petitioners, Clearon Corporation and Occidental Chemical 
Corporation (collectively, the petitioners), submitted case briefs on 
August 11, 2008. Aragonesas and the petitioners submitted rebuttal 
briefs on August 18, 2008. On September 23, 2007, the Department held a 
public hearing concerning the issues raised by the parties in their 
briefs.
    On November 10, 2008, the Department extended the time limits for 
the final results of administrative review until December 10, 2008. See 
Chlorinated Isocyanurates from Spain: Extension of Time Limit for Final 
Results of Antidumping Duty Administrative Review, 73 FR 66594 
(November 10, 2008). On December 16, 2008, the Department extended the 
time limits for the final results of this administrative review until 
December 18, 2008. See Chlorinated Isocyanurates from Spain: Extension 
of Time Limit for Final Results of Antidumping Duty Administrative 
Review, 73 FR 76335 (December 16, 2008).

Scope of Antidumping Duty Order

    The products covered by the order are chlorinated isocyanurates. 
Chlorinated isocyanurates are derivatives of

[[Page 79790]]

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. The 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 isoscyanurates 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 the order is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by the 
parties in these reviews are addressed in the memorandum from Stephen 
J. Claeys, Deputy Assistant Secretary for Import Administration, to 
David M. Spooner, Assistant Secretary for Import Administration, 
Antidumping Duty Administrative Review of Chlorinated Isocyanurates 
from Spain: Issues and Decision Memorandum for the Final Results 
(Issues and Decision Memorandum), dated concurrently with, and hereby 
adopted by, this notice. A list of the issues which 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 which is on file in the Central Records Unit in room 
1114 in the main Department building, and is accessible on the Web at 
http://www.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 calculation for Aragonesas. For a list of these changes, see 
Memorandum to the File, from Scott Lindsay, Case Analyst, Antidumping 
Duty Review of Chlorinated Isocyanurates from Spain: Calculation 
Memorandum for the Final Results (December 18, 2008) at the section 
titled ``Changes from the Preliminary Results.''

Final Results of Review

    We determine that the following percentage margin exists for the 
period June 1, 2006 through May 31, 2007:

------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                       Margin
                                                         (percentage)
------------------------------------------------------------------------
Aragonesas Industrias y Energ[iacute]a S.A..........                4.07
------------------------------------------------------------------------

Assessment

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, pursuant to section 771(a)(1)(B) of the Tariff Act of 1930 
(the Act), and 19 CFR 351.212(b). We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review if 
the importer-specific assessment rate is above de minimis (i.e., at or 
above 0.50 percent). Pursuant to 19 CFR 351.106(c)(2), we will instruct 
CBP to liquidate without regard to antidumping duties any entries for 
which the assessment rate is de minimis (i.e., less than 0.50 percent). 
The Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This 
clarification will apply to entries of subject merchandise during the 
POR produced by any of the companies for which we are rescinding this 
review, and for which each no-shipment respondent did not know its 
merchandise would be exported by another company to the United States. 
In such instances, we will instruct CBP to liquidate unreviewed entries 
at the ``All Others'' rate if there is no rate for the intermediate 
company(ies) involved in the transaction. The ``All Others'' rate 
established in the original less than fair value (LTFV) investigation 
is 24.83 percent. See Chlorinated Isos Order.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, consistent 
with section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the 
reviewed company, Aragonesas, will be the rate shown above; (2) if the 
exporter is not a firm covered in this review, but was covered in a 
previous review or the original LTFV investigation, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or the original LTFV investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and (4) 
if neither the exporter nor the manufacturer is a firm covered in this 
or any previous review conducted by the Department, the cash deposit 
rate will continue to be the ``All Others'' rate established in the 
original LTFV investigation, which results in a rate of 24.83 percent. 
See Chlorinated Isos Order. These deposit requirements shall remain in 
effect until further notice.

Notification to Importers

    This notice 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 antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    This notice serves as the only reminder to parties subject to 
administrative protective order (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 return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing these final results of review in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.


[[Page 79791]]


    Dated: December 18, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix

GENERAL ISSUES:

Issue 1: Whether the Department Should Grant a Level of Trade 
Adjustment
Issue 2: Whether the Department Should Refrain From Zeroing Negative 
Margins
Issue 3: Whether the Department Should Apply the Major Input Rule for 
Valuing Caustic Soda and Chlorine Inputs
Issue 4: Whether the Department Should Adjust Aragonesas's General and 
Administrative Expenses
Issue 5: Whether the Department Should Adjust Aragonesas's Comparison 
Market Movement Expense
[FR Doc. E8-30995 Filed 12-29-08; 8:45 am]
BILLING CODE 3510-DS-S