[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Notices]
[Pages 21964-21966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8865]


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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 Antidumping Duty New Shipper Review

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

SUMMARY: On November 15, 2011, the Department of Commerce (the 
Department) published in the Federal Register the preliminary 
rescission of the antidumping duty new shipper review (NSR) of 
chlorinated isocyanurates from the People's Republic of China (PRC) for 
Heze Huayi Chemical Co. Ltd. (Heze Huayi).\1\ We gave interested 
parties an opportunity to comment on the preliminary rescission. Based 
on our analysis of the comments received, we now are assigning Heze 
Huayi its own rate for these final results. See ``Final Results of 
Review'' section below.
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    \1\ See Chlorinated Isocyanurates from the People's Republic of 
China: Preliminary Rescission of Antidumping Duty New Shipper 
Review, 76 FR 70705 (November 15, 2011) (Preliminary Results).

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DATES: Effective April 12, 2012.

FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao, 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) 482-1396.

SUPPLEMENTARY INFORMATION: We preliminarily rescinded the NSR for Heze 
Huayi on November 15, 2011. See Preliminary Results. In the preliminary 
rescission notice, the Department stated that interested parties were 
to submit case briefs within 30 days of publication of the Preliminary 
Results and rebuttal briefs within five days after the due date for 
filing case briefs. We received a case brief from Heze Huayi on 
December 16, 2011; we received a rebuttal brief from the Clearon Corp. 
and Occidental Chemical Corporation (collectively, Petitioners) on 
December 22, 2011.\2\ On December 15, 2011, we received a hearing 
request from Heze Huayi, pursuant to 19 CFR 351.310(c). Also on 
December 15, 2011, Petitioners filed a request to participate in a 
hearing should one be requested by another party. On January 18, 2012, 
we conducted a closed session hearing concerning Heze Huayi's 
unreported sales that led to the Department's preliminary rescission of 
the NSR. On February 1, 2012, the Department extended the time limit 
for the final results of the NSR.\3\ On February 22, 2012, Heze Huayi 
submitted a ``Notice of New Authority'' following the U.S. Court of 
International Trade (CIT) opinion \4\ concerning the final results of 
the third NSR of the antidumping duty order of certain frozen fish 
fillets from the Socialist Republic of Vietnam,\5\ Petitioners filed a 
rebuttal response to the ``Notice of New Authority'' submission on 
February 29, 2012.
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    \2\ Petitioners filed an extension request for filing their 
rebuttal brief until December 22, 2011, and the Department granted 
the extension request.
    \3\ See Chlorinated Isocyanurates From the People's Republic of 
China: Extension of Time Limit for Final Results of Antidumping Duty 
New Shipper Review, 77 FR 4990 (February 1, 2012).
    \4\ See Hiep Thanh Seafood Joint Stock Co. v. United States, 
Consol. Court No. 09-00270, Slip Op. 12-19 (February 15, 2012).
    \5\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Final Results of the Third New Shipper Reviews, 74 FR 
29473 (June 22, 2009), and Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Amended Final Results of New Shipper 
Review 74 FR 37188 (July 28, 2009).
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Period of Review

    Pursuant to 19 CFR 351.214(g), the period of review (POR) for this 
NSR is June 1, 2010, through December 31, 2010.

Scope of the Order

    The products covered by the order are chlorinated isocyanurates, 
which 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(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, 2933.69.6050, 3808.40.50, 
3808.50.40 and 3808.94.5000 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 
isocyanurates and other compounds including an unfused triazine ring. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the

[[Page 21965]]

written description of the scope of the order is dispositive.

Use of Facts Otherwise Available

    Section 776(a) of Tariff Act of 1930, as amended (the Act) provides 
that the Department shall apply ``facts otherwise available'' (FA) if, 
inter alia, necessary information is not on the record. Because we do 
not have complete sales and factors of production information for 
certain U.S. sales, the Department has based the antidumping duty 
margin for Heze Huayi on FA. While section 776(b) of the Act provides 
for the use of an adverse inference in applying FA in certain 
circumstances, the Department has determined that no such circumstances 
are at issue here that would warrant the use of an adverse inference. 
Therefore, as FA, we are applying the rate of 2.66 percent, which is 
the rate applied to Hebei Jiheng Chemical Company, Ltd. in the most 
recently completed administrative review.\6\ For a complete discussion, 
see Memorandum to Paul Piquado, Assistant Secretary for Import 
Administration, ``Issues and Decision Memorandum for the Final Results 
of the New Shipper Review of Chlorinated Isocyanurates from the 
People's Republic of China: Heze Huayi Chemical Co., Ltd.,'' (Decision 
Memorandum), dated concurrently with, and hereby adopted by, this 
notice. A list of the issues addressed in the Decision Memorandum is 
appended to this notice. The Decision Memorandum is on file 
electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Services System (IA ACCESS). 
IA ACCESS is available in the Central Records Unit, room 7046 of the 
main Commerce building. In addition, a complete version of the Decision 
Memorandum is accessible on the Web at http://ia.ita.doc.gov/frn. The 
signed Decision Memorandum and the electronic versions of the Decision 
Memorandum are identical in content.
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    \6\ 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).
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    When the Department relies on secondary information rather than on 
information obtained in the course of an investigation or review, 
section 776(c) of the Act provides that, to the extent practicable, the 
Department shall corroborate that information from independent sources 
that are reasonably at its disposal. Secondary information is defined 
as information derived from the petition, the final determination 
concerning the subject merchandise, or any previous review under 
section 751 of the Act concerning the subject merchandise. To 
corroborate means that the Department will satisfy itself that the 
secondary information to be used has probative value.\7\ To corroborate 
secondary information, the Department will, to the extent practicable, 
examine the reliability and relevance of the information to be used.\8\
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    \7\ See id.
    \8\ See Tapered Roller Bearings and Parts Thereof, Finished and 
Unfinished, From Japan, and Tapered Roller Bearings, Four Inches or 
Less in Outside Diameter, and Components Thereof, From Japan: 
Preliminary Results of Antidumping Duty Administrative Reviews and 
Partial Termination of Administrative Reviews, 61 FR 57391, 57392 
(November 6, 1996), unchanged in Tapered Roller Bearings and Parts 
Thereof, Finished and Unfinished, From Japan, and Tapered Roller 
Bearings, Four Inches or Less in Outside Diameter, and Components 
Thereof, From Japan: Final Results of Antidumping Duty 
Administrative Reviews and Termination in Part, 62 FR 11825 (March 
13, 1997).
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    The FA rate of 2.66 percent selected for Heze Huayi is based on 
information submitted in a previous segment of this proceeding, the 
2008-2009 administrative review. It is a calculated rate based solely 
on the questionnaire responses of the mandatory respondent in that 
review from the immediately preceding review period. Given that this 
rate is based on recent information submitted by a cooperative 
respondent producer of the subject merchandise under this same order, 
we find that the rate is reliable and relevant for use in this 
administrative review. Therefore, it has probative value for use as FA. 
As such, the Department finds this rate to be corroborated to the 
extent practicable, consistent with section 776(c) of the Act.

Changes Since the Preliminary Results

    Based on our analysis of all of the comments and information on the 
record, the Department has decided not to maintain its preliminary 
rescission results for these final results. In the Preliminary Results, 
the Department found that Heze Huayi failed to report its first sale to 
the United States which it was required to report pursuant to 19 CFR 
351.214(b)(2). For these final results, the Department determines that 
Heze Huayi could have reasonably concluded that it was not required to 
report this sale. Accordingly, the Department is not rescinding this 
review but, instead, assigning Heze Huayi a dumping margin. Because the 
Department does not have the necessary factors of production data for 
all sales, we are instead assigning Heze Huayi, based on FA pursuant to 
section 776 of the Act, the most recently calculated weighted-average 
margin for a review under this order, 2.66 percent. A full discussion 
of this decision is set forth in the Decision Memorandum, referred to 
above.

Final Results of Review

    As a result of our review, we determine the following antidumping 
margin exists for the period June 1, 2010, through December 31, 2010.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/Exporter                       margin
                                                               (percent)
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Heze Huayi Chemical Co. Ltd.................................        2.66
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b), 
the Department will determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with the final results of this NSR. 
The Department will direct CBP to assess importer-specific assessment 
rates based on the ad valorem rate on each entry of the subject 
merchandise during the POR. The Department intends to issue assessment 
instructions directly to CBP 15 days after the publication of this 
notice.

Cash Deposit Requirements

    Effective upon publication of the final results of the NSR, we will 
instruct CBP to discontinue the option of posting a bond or security in 
lieu of a cash deposit for entries of subject merchandise exported by 
Heze Huayi. The following cash deposit requirements will be effective 
for all shipments of subject merchandise by Heze Huayi, entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date, as provided by section 751(a)(2)(C) of Act: (1) For subject 
merchandise produced and exported by Heze Huayi, the cash deposit rate 
will be the percent listed above, or the equivalent per-unit rate; (2) 
for subject merchandise exported by Heze Huayi, but not manufactured by 
Heze Huayi, the cash deposit rate will continue to be the PRC-wide rate 
of 285.63 percent; and (3) for subject merchandise manufactured by Heze 
Huayi, but exported by any party other than Heze Huayi, the cash 
deposit rate will be the rate applicable to the exporter. These cash 
deposit requirements will remain in effect until further notice.

[[Page 21966]]

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) 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 which is subject to sanction.
    These final results and this notice are issued and published in 
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act.

    Dated: April 5, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

Issues in the Decision Memorandum

Comment 1: Whether the Department's Preliminary Determination to 
Rescind the New Shipper Review Was Correct
Comment 2: Whether the Department Properly Analyzed Heze Huayi's 
Unreported Sales
Comment 3: Whether Heze Huayi's Final Antidumping Duty Rate Should 
Be the PRC-entity Rate

[FR Doc. 2012-8865 Filed 4-11-12; 8:45 am]
BILLING CODE 3510-DS-P