[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Notices]
[Pages 62776-62777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26213]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


Chlorinated Isocyanurates From the People's Republic of China: 
Notice of Court Decision Not in Harmony With the Final Results of 
Administrative Review and Notice of Amended Final Results of 
Administrative Review Pursuant to Court Decision

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

DATES: Effective Date: September 23, 2011.
SUMMARY: On September 13, 2011, the United States Court of 
International Trade (``Court'' or ``CIT'') sustained the Department of 
Commerce's (``Department'') final results of redetermination pursuant 
to the Court's remand.\1\ Consistent with the decision of the United 
States Court of Appeals for the Federal Circuit (``CAFC'') in Timken 
Co. v. United States, 893 F.2d 337 (Fed.

[[Page 62777]]

Cir. 1990) (``Timken''), as clarified by Diamond Sawblades Mfrs. 
Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond 
Sawblades''), the Department is notifying the public that the final 
judgment in this case is not in harmony and is amending the final 
results of the administrative review (``AR'') of the antidumping duty 
order on chlorinated isocyanurates from the People's Republic of China 
(``PRC'') covering the period of review (``POR'') of December 16, 2004, 
through May 31, 2006.\2\
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    \1\ See Arch Chemicals, Inc. and Hebei Jiheng Chemicals, Co., 
Ltd. v. United States and Clearon Corporation and Occidental 
Chemical Corporation, Court No. 08-00040: Final Results of 
Redetermination Pursuant To Remand, dated July 15, 2011 (``Arch 
Chemicals III'').
    \2\ See Chlorinated Isocyanurates from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review, 73 
FR 153 (January 8, 2008). (``Final Results''), and accompanying 
Issues and Decision Memorandum, and as amended by Chlorinated 
Isocyanurates From the People's Republic of China: Amended Final 
Results of Antidumping Duty Administrative Review, 73 FR 9091 
(February 19, 2008) (``Amended Final Results'').

FOR FURTHER INFORMATION CONTACT: Bobby Wong, AD/CVD Operations, Office 
8, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
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Washington, DC 20230; telephone: (202) 482-0409.

SUPPLEMENTARY INFORMATION:

Background

    In Chlorinated Isocyanurates from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, 72 FR 
39053 (July 17, 2007) (``Preliminary Results''), the Department granted 
Hebei Jiheng Chemicals, Co., Ltd. (``Jiheng'') by-product offsets for 
chlorine, ammonia gas, hydrogen, and recovered sulfuric acid. However, 
in the Final Results, the Department denied Jiheng these by-product 
offsets, stating that Jiheng had not provided the Department with the 
information necessary to grant the by-product offsets. See Final 
Results, 73 FR at 160; see also Issues and Decision Memo at Comment 15. 
Specifically, the Department found that Jiheng had failed to provide 
documentation supporting the claimed production quantities of by-
products. Id.
    On July 13, 2009, pursuant to Arch Chemicals, Inc. v. United 
States, Consol. Court No. 08-00040, Slip. Op. 09-71 (``Arch Chemicals 
I''), the Court instructed the Department to reopen the record of the 
underlying review and provide Jiheng with sufficient opportunity to 
submit documentation relevant to the methodology the Department employs 
in its by-product analysis. On December 22, 2009, in its final remand 
redetermination, the Department granted Jiheng a by-product offset for 
its production of chlorine, ammonia gas, hydrogen, and sulfuric acid 
recovered during the POR.
    However, after reviewing interested parties' comments with respect 
to the Arch Chemicals I final remand redetermination, the Department 
requested a voluntary remand to reconsider our results with regard to 
Jiheng's hydrogen gas, sulfuric acid, and chlorine gas by-products. The 
Court issued an order granting the Department's request to reconsider 
and fully explain Jiheng's hydrogen gas, sulfuric acid, and chlorine 
gas by-products offsets. See Arch Chemicals, Inc. and Hebei Jiheng 
Chemicals, Co., Ltd. v. United States, Consol. Court No. 08-00040 
(April 22, 2010) (``Arch Chemicals II''). On June 21, 2010, the 
Department filed the results of its voluntary remand redetermination.
    On April 15, 2011, while affirming other aspects of the 
Department's remand redetermination in Arch Chemicals II, the Court 
found that Jiheng was not entitled to an offset for chlorine gas 
discharged during liquefaction because this portion of chlorine gas was 
not attributable to subject merchandise production. In Arch Chemicals 
III, the Court remanded the proceeding to the Department to eliminate 
the by-product offset for this portion of chlorine gas and to 
recalculate the antidumping margin for Jiheng accordingly.
    On July 15, 2011, in the Department's final remand redetermination 
pursuant to Arch Chemicals III, and in response to the Court's ruling, 
the Department removed the quantity of chlorine gas discharged as a 
result of the liquefaction process of purified chlorine during the 
chlor-alkali stage of production from Jiheng's by-product offset.

Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC has held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (the ``Act''), the Department must 
publish a notice of a court decision that is not ``in harmony'' with a 
Department determination and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The CIT's decision in Arch 
Chemicals III, issued on September 13, 2011, constitutes a final 
decision of that Court that is not in harmony with the Department's 
Final Results and Amended Final Results. This notice is published in 
fulfillment of the publication requirements of Timken. Accordingly, the 
Department will continue the suspension of liquidation of all enjoined 
entries, pending the expiration of the period of appeal or, if 
appealed, pending a final and conclusive court decision. The cash 
deposit rate will remain the company-specific rate established for the 
subsequent and most recent period during which the respondent was 
reviewed. See Chlorinated Isocyanurates from the People's Republic of 
China: Final Results of 2008-2009 Antidumping Duty Administrative 
Review, 75 FR 70212 (November 17, 2010), as amended, 75 FR 76699 
(December 9, 2010).

Amended Final Results

    Because there is now a final court decision, we are amending the 
Final Results to reflect the results of the Arch Chemicals III 
litigation. The revised dumping margin is:

------------------------------------------------------------------------
                                                               Percent
                          Exporter                              margin
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Hebei Jiheng Chemicals, Co., Ltd...........................         9.19
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    In the event the CIT's ruling is not appealed or, if appealed, 
upheld by the CAFC, the Department will instruct U.S. Customs and 
Border Protection to assess antidumping duties on entries of the 
subject merchandise during the POR from Jiheng on the revised 
assessment rate calculated by the Department.
    This notice is issued and published in accordance with sections 
516A(c)(1), 516A(e), and 777(i)(1) of the Act.

    Dated: September 30, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-26213 Filed 10-7-11; 8:45 am]
BILLING CODE 3510-DS-P