[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Notices]
[Pages 4386-4389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01185]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


Chlorinated Isocyanurates From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; 2010-2011

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 16, 2012, the Department of Commerce (the Department) 
published the preliminary results of an administrative review of the 
antidumping duty order on chlorinated isocyanurates (chlorinated isos) 
from the People's Republic of China (PRC).\1\ The period of review 
(POR) for this administrative review was June 1, 2010, through May 31, 
2011. We invited interested parties to comment on our Preliminary 
Results. Based on our analysis of the comments received, we have made 
changes to the margin calculations. Therefore, the final results differ 
from the preliminary results. The final dumping margins for this review

[[Page 4387]]

are listed in the ``Final Results of Review'' section below.
---------------------------------------------------------------------------

    \1\ See Chlorinated Isocyanurates From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review, 77 FR 41746 (July 16, 2012) (Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective Date: January 22, 2013.

FOR FURTHER INFORMATION CONTACT: Emily Halle or Andrew Huston, 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-
0176 or (202) 482-4261, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Since the publication of the Preliminary Results, the following 
events have occurred. On August 6, 2012, Zhucheng Taisheng Chemical 
Co., Ltd. (Zhucheng) timely filed surrogate value information.\2\ On 
September 5, 2012, Clearon Corporation and Occidental Chemical 
Corporation (Petitioners), Hebei Jiheng Chemical Company, Ltd. 
(Jiheng), and Juancheng Kangtai Chemical Co., Ltd. (Kangtai) timely 
filed surrogate value information.\3\ Petitioners submitted rebuttal 
surrogate value comments on September 17, 2012.\4\ The Department 
conducted verification of Jiheng from October 15 through 19, 2012, and 
released the verification report on November 21, 2012.\5\ On December 
3, 2012, Jiheng, Kangtai, Zhucheng, and Petitioners filed case briefs. 
Jiheng, Kangtai and Petitioners filed rebuttal briefs on December 10, 
2012. In response to timely requests from Petitioners and Jiheng to 
hold a public hearing,\6\ the Department conducted a public hearing on 
December 21, 2012.\7\
---------------------------------------------------------------------------

    \2\ See Letter from Zhucheng regarding ``Chlorinated 
Isocyanurates from the People's Republic of China: Submission of 
Publicly Available Surrogate Value Information,'' August 6, 2012.
    \3\ See Letter from Petitioners regarding ``Chlorinated 
Isocyanurates from The People's Republic of China: Sixth 
Administrative Review: Information Regarding Surrogate Values for 
Factors of Production,'' September 5, 2012; Letter from Jiheng 
regarding ``Chlorinated Isocyanurates from China (Sixth 
Administrative Review)--Hebei Jiheng Chemical Company, Ltd. 
Resubmission of Surrogate Value Information for Factors of 
Production,'' September 5, 2012; Letter from Kangtai regarding 
``Chlorinated Isocyanurates from the People's Republic of China 
Surrogate Values for Final Determination,'' September 5, 2012.
    \4\ See Letter from Petitioners regarding ``Chlorinated 
Isocyanurates from the People's Republic of China (6th Antidumping 
Administrative Review): Petitioners' Submission of Rebuttal 
Information Regarding Surrogate Values for Factors of Production,'' 
September 17, 2012.
    \5\ See Memorandum titled ``Verification of the Sales and 
Factors Response of Hebei Jiheng Chemical Company Ltd. in the 
Antidumping Review of Chlorinated Isocyanurates from the People's 
Republic of China,'' November 20, 2012.
    \6\ See Letter from Petitioners regarding ``Chlorinated 
Isocyanurates from The People's Republic of China: Sixth 
Administrative Review: Request for Hearing,'' August 15, 2012; 
Letter from Jiheng regarding ``Chlorinated Isocyanurates from China 
(Sixth Administrative Review)--Hebei Jiheng Chemical Company, Ltd. 
Request for Hearing,'' August 15, 2012.
    \7\ See transcript for public hearing in the matter, ``The 
Administrative Review of the Antidumping Duty Order on Chlorinated 
Isocyanurates from the People's Republic of China,'' December 21, 
2012.
---------------------------------------------------------------------------

    On September 4, 2012, the Department extended the deadline for the 
final results of review to January 12, 2013.\8\ As explained in the 
memorandum from the Assistant Secretary for Import Administration, the 
Department has exercised its discretion to toll deadlines for the 
duration of the closure of the Federal Government from October 29 
through October 30, 2012.\9\ Thus, all deadlines in this segment of the 
proceeding have been extended by two days. The revised deadline for the 
final results of this review is now January 14, 2012.
---------------------------------------------------------------------------

    \8\ See Memorandum ``Chlorinated Isocyanurates from the People's 
Republic of China: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' September 4, 2012.
    \9\ See Memorandum to the Record from Paul Piquado, Assistant 
Secretary for Import Administration, ``Tolling of Administrative 
Deadlines As a Result of the Government Closure During Hurricane 
Sandy,'' dated October 31, 2012.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are chlorinated isocyanurates 
(chlorinated isos), which are derivatives of cyanuric acid, described 
as chlorinated s-triazine triones.\10\ Chlorinated isos 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 HTSUS subheadings are 
provided for convenience and customs purposes only; the written product 
description of the scope of the order is dispositive.
---------------------------------------------------------------------------

    \10\ For a complete description of the Scope of the Order, see 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Import Administration, ``Issues and Decision 
Memorandum for the Final Results of the 2010-2011 Administrative 
Review of Chlorinated Isocyanurates from the People's Republic of 
China,'' dated concurrently with this notice (Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal brief comments by 
parties in this review are addressed in the Decision Memorandum, which 
is hereby adopted by this notice. A list of the issues that parties 
raised and to which we responded in the Decision Memorandum is attached 
to this notice as an appendix. The Decision Memorandum is a public 
document and is on file electronically via Import Administration's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (IA ACCESS). IA ACCESS is available to registered users at 
http://iaaccess.trade.gov and in the Central Records Unit (CRU), room 
7046 of the main Department of Commerce building. In addition, a 
complete version of the Decision Memorandum can be accessed directly on 
the internet at http://www.trade.gov/ia/. The signed Decision 
Memorandum and the electronic versions of the Decision Memorandum are 
identical in content.

Changes Since the Preliminary Results

    The Department has made several adjustments to our analysis and 
programming language. First, we now determine that sodium hypochlorite 
is comparable merchandise.\11\ Second, we are selecting the Philippines 
as the primary surrogate country to value the respondents' factors of 
production.\12\ Therefore, for all surrogate values, with certain 
exceptions, we are relying on Philippine data, including the surrogate 
value for labor and the surrogate financial ratios. We are also 
adjusting the calculation of the respondents' ammonia gas and sulfuric 
acid by-products. Finally, for Jiheng, we are adding several freight 
expenses to its raw materials input valuations.\13\
---------------------------------------------------------------------------

    \11\ See Decision Memorandum.
    \12\ See Decision Memorandum. See also Memorandum to the File, 
``2010-2011 Administrative Review of the Antidumping Duty Order on 
Chlorinated Isocyanurates from the People's Republic of China: Final 
Results Surrogate Value Memorandum,'' January 14, 2013.
    \13\ See Memorandum to Mark Hoadley, Program Manager, AD/CVD 
Operations, Office 6, ``Analysis for the Final Results of the 2010-
2011 Administrative Review of the Antidumping Duty Order on 
Chlorinated Isocyanurates from the People's Republic of China: Hebei 
Jiheng Chemical Company Ltd.,'' January 14, 2013, for a detailed 
discussion of these changes.
---------------------------------------------------------------------------

Separate Rates

    In proceedings involving non-market economy (NME) countries, the 
Department begins with a rebuttable presumption that all companies 
within the country are subject to government control and, thus, should 
be assigned a single antidumping duty deposit rate. It is the 
Department's policy to assign all exporters of subject merchandise in 
an NME country this single rate unless an exporter can demonstrate that 
it is sufficiently independent to be eligible

[[Page 4388]]

for a separate rate.\14\ In the Preliminary Results, the Department 
found that Jiheng, Kangtai, Nanning Chemical Industry Co., Ltd. 
(Nanning), and Zhucheng demonstrated their eligibility for separate 
rate status.\15\ No parties commented on these separate rate 
eligibility determinations. Thus, for these final results, we continue 
to find that the evidence placed on the record of this review by 
Jiheng, Kangtai, Nanning and Zhucheng demonstrates both a de jure and 
de facto absence of government control, with respect to their exports 
of the merchandise under review, and, thus, that these companies are 
eligible for separate rate status.
---------------------------------------------------------------------------

    \14\ See Final Determination of Sales at Less Than Fair Value: 
Sparklers From the People's Republic of China, 56 FR 20588 (May 6, 
1991), as further developed in Notice of Final Determination of 
Sales at Less Than Fair Value: Silicon Carbide From the People's 
Republic of China, 59 FR 22585 (May 2, 1994).
    \15\ See Preliminary Results, 77 FR at 41750.
---------------------------------------------------------------------------

Rate for Non-Selected Companies

    The separate rate shall be an amount equal to the weighted average 
of the calculated weighted-average dumping margins established for 
mandatory respondents, excluding any zero and de minimis margins, and 
any margins determined entirely on adverse facts available.\16\ In this 
review, the Department calculated company-specific rates for the two 
mandatory respondents. Using a weighted average of these two company-
specific rates to calculate a separate rate would risk disclosure of 
the mandatory respondents' business proprietary information. Therefore, 
the Department used a simple average of these two company specific 
rates to calculate a separate rate, which is 34.08 percent.
---------------------------------------------------------------------------

    \16\  See section 735(c)(5)(A) of the Tariff Act of 1930, as 
amended (Act).
---------------------------------------------------------------------------

Final Results of Review

    We determine that the following weighted-average dumping margins 
exist for the period June 1, 2010, through May 31, 2011.

------------------------------------------------------------------------
                                                             Weighted-
                        Exporter                          average margin
                                                            percentage
------------------------------------------------------------------------
Hebei Jiheng Chemical Co., Ltd..........................           29.91
Juancheng Kangtai Chemical Co., Ltd.....................           38.25
Nanning Chemical Industry Co., Ltd......................           34.08
Zhucheng Taisheng Chemical Co., Ltd.....................           34.08
------------------------------------------------------------------------

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 
review. Where we do not have entered values for all U.S. sales to a 
particular importer/customer, we calculate a per-unit assessment rate 
by aggregating the antidumping duties due for all U.S. sales to that 
importer (or customer) and dividing this amount by the total quantity 
sold to that importer (or customer).\17\ To determine whether the duty 
assessment rates are de minimis, in accordance with the requirement set 
forth in 19 CFR 351.106(c)(2), we calculated importer- (or customer-) 
specific ad valorem ratios based on the estimated entered value. Where 
an importer- (or customer-) specific ad valorem rate is zero or de 
minimis, we will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\18\ Based on this methodology, no 
respondent had a de minimis rate. For the two non-reviewed separate 
respondents, we will direct CBP to assess duties on an ad valorem basis 
at a rate equal to the margins indicated above. The Department intends 
to issue assessment instructions directly to CBP 15 days after the 
publication of this notice.
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.212(b)(1).
    \18\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    The Department recently announced a refinement to its assessment 
practice in NME cases. Pursuant to this refinement in practice, for 
entries that were not reported by companies examined during this 
review, the Department will instruct CBP to liquidate such entries at 
the NME-wide rate. In addition, if the Department determines that an 
exporter under review had no shipments of the subject merchandise, any 
suspended entries that entered under that exporter's case number (i.e., 
at that exporter's rate) will be liquidated at the NME-wide rate.\19\
---------------------------------------------------------------------------

    \19\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

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, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters 
listed above, the cash deposit rate will be the rate established in the 
final results of this review (except, if the rate is zero or de 
minimis, i.e., less than 0.5 percent, a zero cash deposit rate will be 
required for that company); (2) for previously investigated or reviewed 
PRC and non-PRC 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 that 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; \20\ and (4) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporter(s) that supplied 
that non-PRC exporter. These deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \20\ For an explanation on the derivation of the PRC-wide rate, 
see Notice of Final Determination of Sales at Less Than Fair Value: 
Chlorinated Isocyanurates From the People's Republic of China, 70 FR 
24502, 24505 (May 10, 2005).
---------------------------------------------------------------------------

Notification to Importers

    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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    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(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 regulations and terms of an APO is a 
violation which is subject to sanction.

Disclosure

    In accordance with 19 CFR 351.224(b), we intend to disclose the 
calculations performed for these final results to parties in this 
proceeding within five days of the date of publication of this notice.

[[Page 4389]]

    We are issuing and publishing these final results of review in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: January 14, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Issues and Decision Memorandum

Selection of Primary Surrogate Country

Comment 1: Whether Sodium Hypochlorite is Comparable Merchandise
Comment 2: Surrogate Country Selection
Comment 3: Surrogate Values if the Philippines is Not Selected as 
the Surrogate Country

Surrogate Value Selection Comments

Comment 4: Sodium Chloride
Comment 5: Urea
Comment 6: Water
Comment 7: Chlorine
Comment 8: Hydrogen
Comment 9: Steam Coal
Comment 10: Electricity
Comment 11: Steam
Comment 12: Labor
Comment 13: Financial Ratios
Comment 14: Whether the Ammonia Gas and Sulfuric Acid Surrogate 
Values are Reasonable

Jiheng-Specific Comments

Comment 15: Whether Jiheng's Ammonia Gas ``Absorption Rate'' 
Adjustment is Warranted
Comment 16: Whether Jiheng's Normal Value was Correctly Adjusted for 
Transportation Costs

Kangtai-Specific Comments

Comment 17: Whether Kangtai's Ammonia Gas By-product Was Calculated 
Using the Correct Concentration Level
Comment 18: Whether Kangtai's Sodium Hydroxide Surrogate Value 
Should be Adjusted
[FR Doc. 2013-01185 Filed 1-18-13; 8:45 am]
BILLING CODE 3510-DS-P