[Federal Register Volume 74, Number 247 (Monday, December 28, 2009)]
[Notices]
[Pages 68575-68576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30687]


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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 June 2008 Through November 2008 Semi-Annual New 
Shipper Review

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

DATES: Effective Date: December 28, 2009.
SUMMARY: The Department of Commerce (``the Department'') is conducting 
a new shipper review (``NSR'') of the antidumping duty order on 
chlorinated isocyanurates from the People's Republic of China (``PRC'') 
covering the period June 1, 2008, through November 30, 2008. 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.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian 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-
6412 or (202) 482-0650, respectively.

Background

    On July 27, 2009, the Department published its preliminary results 
of new shipper review of the antidumping order on chlorinated 
isocyanurates from the PRC. See Chlorinated Isocyanurates from the 
People's Republic of China: Preliminary Results of June 2009 through 
November 2008 Semi-Annual New Shipper Review, 74 FR 37007 (July 27, 
2009) (``Preliminary Results''). On August 17, 2009, Clearon 
Corporation and Occidental Chemical Corporation (``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 October 8, 2009, the Department received case briefs 
from Petitioners and respondent Juancheng Kangtai Chemical Co., Ltd. 
(``Kangtai''). On September 15 and 30, 2009, Kangtai submitted its 
responses to the Department's September 1 and 25, 2009, supplemental 
questionnaires. On October 15, 2009, Petitioners and Kangtai filed 
rebuttal briefs. We have conducted this new shipper review in 
accordance with section 751(a)(2)(B) of the Tariff act of 1930, as 
amended (``the Act''), and 19 CFR 351.214.

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)3[middot]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.
    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.

Analysis of Comments Received

    All issues raised in the post-preliminary comments by parties in 
this review are addressed in the memorandum from John M. Andersen, 
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Import Administration, ``Issues and Decision Memorandum for the June 
2008 through November 2008 Semi-Annual New Shipper Review of 
Chlorinated Isocyanurates from the People's Republic of China,'' dated 
concurrently with this notice (``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 1117 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 calculation for Kangtai. See Issues and Decision Memorandum 
at Comments 1-3.
    We calculated surrogate financial ratios based on the financial 
statements for Aditya Birla Chemicals (India) Limited, an Indian 
producer of comparable merchandise, for the fiscal year ending March 
31, 2009. See Issues and Decision Memorandum at Comment 1 and the Final 
SV Memo.

[[Page 68576]]

    We have revised Kangtai's steam coal value. See Issues and Decision 
Memorandum at Comment 2, Memorandum to the File titled ``Analysis 
Memorandum for the Final Results: Juancheng Kangtai Chemical Company, 
Ltd.,'' dated December 18, 2009, and Final SV Memo.

Final Results of Review

    We determined that the following dumping margin exists for the 
period June 1, 2008, through November 30, 2008.

------------------------------------------------------------------------
                        Exporter                          Producer  Rate
------------------------------------------------------------------------
Juancheng Kangtai Chemical Co., Ltd/Juancheng Ouya        Juanchen  20.5
 Chemical Co., Ltd......................................        g    4
                                                          Kangtai
                                                          Chemical
                                                             Co.,
                                                            Ltd./
                                                          Juanchen
                                                           g Ouya
                                                          Chemical
                                                             Co.,
                                                             Ltd.
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. For importers/customers of the respondent where 
the respondent did not report entered values, we have calculated 
importer/customer-specific antidumping duty assessment amounts based on 
the ratio of the total amount of antidumping duties calculated for the 
examined sales of subject merchandise to the total quantity of subject 
merchandise sold in those transactions. For importers/customers of the 
respondent where the respondent reported entered values, we have 
calculated an ad valorem rate for that importer/customer by dividing 
the total amount of antidumping duties calculated in the examined sales 
of subject merchandise by the total entered value of those 
transactions. The Department intends to issue assessment instructions 
to CBP 15 days after the date of publication of these final results of 
NSR.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of NSR for all shipments of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the publication date, as provided for by 
section 751(a)(2)(C) of the Act: (1) For shipments of subject 
merchandise produced and exported in the combinations listed above in 
the Final Results of Review section of this notice, the cash deposit 
rate will be the rate shown above; (2) for shipments of subject 
merchandise exported by Kangtai or Juancheng Ouya Chemical Co., Ltd. 
(``Ouya'') but not produced by either of these companies, the cash 
deposit rate will be the PRC-wide rate of 285.63 percent; (3) for 
shipments of subject merchandise produced by Kangtai or Ouya but 
exported by any party other than Kangtai or Ouya, the cash deposit rate 
will be the rate applicable to the 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 the APO in accordance with 19 CFR 351.305(a)(3), 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 which is subject to sanction.

Disclosure

    We will disclose the calculations performed for these final results 
within five days of the date of publication of this notice to 
interested parties in accordance with 19 CFR 351.224(b).
    We are issuing and publishing these final results and notice in 
accordance with sections 751(a)(2)(B), 751(a)(2)(C), and 777(i)(1) of 
the Act and 19 CFR 351.221(b)(5).

    Dated: December 17, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Issues and Decision Memorandum

Comment 1: Surrogate Financial Statements
Comment 2: Surrogate Value for Steam Coal
Comment 3: Affiliation and Collapsing of Kangtai and Ouya
[FR Doc. E9-30687 Filed 12-24-09; 8:45 am]
BILLING CODE 3510-DS-P