[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Notices]
[Pages 41364-41366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16578]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


Chlorinated Isocyanurates From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on chlorinated 
isocyanurates (chlorinated isos) from the People's Republic of China 
(PRC). The period of review (POR) is June 1, 2011, through May 31, 
2012. This administrative review covers six producers/exporters of the 
subject merchandise: (1) Arch Chemicals (China) Co. Ltd. (Arch China); 
(2) Hebei Jiheng Chemical Co., Ltd. and Hebei Jiheng Baikang Chemical 
Industry Co., Ltd. (collectively, Jiheng); (3) Heze Huayi Chemical Co. 
Ltd. (Heze); (4) Juancheng Kangtai Chemical Co., Ltd. and Juancheng 
Ouya Chemical Co., Ltd. (collectively, Kangtai); (5) Sinoacarbon 
International Trading Co., Ltd. (Sinoacarbon); and (6) Zhucheng 
Taisheng Chemical Co., Ltd. (Zhucheng). Jiheng and Kangtai are the two 
producers/exporters being individually examined as mandatory 
respondents. We preliminarily determine that Jiheng and Kangtai made 
sales in the United States at prices below normal value (NV). We 
preliminarily determine that Arch China, Sinoacarbon and Zhucheng have 
demonstrated that they are eligible for a separate rate. The Department 
is also preliminarily determining that Heze made no shipments during 
the POR.

DATES: Effective Date: July 10, 2013.

FOR FURTHER INFORMATION CONTACT: Emily Halle, 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.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The products covered by the order are chlorinated isos, which are 
derivatives of cyanuric acid, described as chlorinated s-triazine 
triones.\1\ 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.
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    \1\ 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, ``Decision Memorandum 
for the Preliminary Results of the 2011-2012 Antidumping Duty 
Administrative Review: Chlorinated Isocyanurates from the People's 
Republic of China,'' dated concurrently with this notice 
(Preliminary Decision Memorandum).
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Preliminary Determination of No Shipments

    Heze timely filed a ``no shipment'' certification stating that it 
had no entries of subject merchandise during the POR.\2\ The Department 
subsequently confirmed with U.S. Customs and Border Protection (CBP) 
the ``no shipment'' claim made by Heze. Based on the certifications by 
Heze and our analysis of CBP information, we preliminarily determine 
that Heze did not have any reviewable transactions during the POR. In 
addition, the Department finds that consistent with its recently 
announced refinement to its assessment practice in non-market economy 
(NME) cases, further discussed below, it is appropriate not to rescind 
the review in part in these circumstances but, rather, to complete the 
review with respect to Heze and issue appropriate instructions to CBP 
based on the final results of the review.\3\
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    \2\ See Letter from Heze, ``Chlorinated Isocyanurates from the 
People's Republic of China: No Sales Certification,'' September 18, 
2012.
    \3\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (NME 
Proceedings); see also ``Assessment Rates'' section below.
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Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). Export 
prices have been calculated in accordance with section 772 of the Act. 
Because the PRC is an NME country within the meaning of section 771(18) 
of the Act, NV has been calculated in accordance with section 773(c) of 
the Act. Specifically,

[[Page 41365]]

the respondents' factors of production have been valued in the 
Philippines, which is economically comparable to the PRC and is a 
significant producer of comparable merchandise.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum, which is hereby 
adopted by this notice. The Preliminary 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, room 7046 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
on the internet at http://www.trade.gov/ia/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                          Weight-average dumping margin
                Exporter                            percentage
------------------------------------------------------------------------
Arch Chemicals (China) Co. Ltd.*.......  51.12
Hebei Jiheng Chemical Co., Ltd.........  68.49
Juancheng Kangtai Chemical Co., Ltd....  33.75
Sinoacarbon International Trading Co.,   51.12
 Ltd.*.
Zhucheng Taisheng Chemical Co., Ltd.*..  51.12
------------------------------------------------------------------------
* These companies demonstrated eligibility for a separate rate in this
  administrative review. The rate for these companies is the simple
  average of the calculated antidumping duty rates for Jiheng and
  Kangtai.

Disclosure and Public Comment

    The Department intends to disclose calculations performed for these 
preliminary results to parties within five days of the date of 
publication of this notice.\4\ The schedule for filing case briefs will 
be provided to parties at a later date. Rebuttal briefs, limited to 
issues raised in case briefs, may be filed no later than five days 
after the time limit for filing the case briefs, as specified by 19 CFR 
351.309(d).
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    \4\ See 19 CFR 351.224(b).
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    Interested parties that wish to request a hearing, or participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Import Administration, U.S. Department of Commerce, filed 
electronically using IA ACCESS. An electronically filed document must 
be received successfully in its entirety by the Department's IA ACCESS 
by 5:00 p.m. Eastern Standard Time within 30 days after the date of 
publication of this notice.\5\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs. If a request for a hearing is made, parties will be 
notified of the time and date for the hearing to be held at the U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230
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    \5\ See 19 CFR 351.310(c).
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    The Department intends to issue the final results of this 
administrative review, which will include the results of its analysis 
of issues raised in any such comments, within 120 days of publication 
of these preliminary results, pursuant to section 751(a)(3)(A) of the 
Act unless this deadline is extended.

Deadline for Submission of Publicly Available Surrogate Value 
Information

    In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for 
submission of publicly available information to value factors of 
production under 19 CFR 351.408(c) is 20 days after the date of 
publication of the preliminary results. In accordance with 19 CFR 
351.301(c)(1), if an interested party submits factual information less 
than ten days before, on, or after (if the Department has extended the 
deadline), the applicable deadline for submission of such factual 
information, an interested party may submit factual information to 
rebut, clarify, or correct the factual information no later than ten 
days after such factual information is served on the interested party. 
However, the Department generally will not accept in the rebuttal 
submission additional or alternative surrogate value information not 
previously on the record, if the deadline for submission of surrogate 
value information has passed.\6\ Furthermore, the Department generally 
will not accept business proprietary information in either the 
surrogate value submissions or the rebuttals thereto, as the regulation 
regarding the submission of surrogate values allows only for the 
submission of publicly available information.\7\
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    \6\ See, e.g., Glycine from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and Final 
Rescission, in Part, 72 FR 58809 (October 17, 2007) and accompanying 
Issues and Decision Memorandum at Comment 2.
    \7\ See 19 CFR 351.301(c)(3).
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Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. For assessment purposes, we calculated 
importer- (or customer-) specific assessment rates for merchandise 
subject to this review.\8\ Where appropriate, we calculated an ad 
valorem rate for each importer (or customer) by dividing the total 
dumping margins for reviewed sales to that party by the total entered 
values associated with those transactions. For duty-assessment rates 
calculated on this basis, we will direct CBP to assess the resulting ad 
valorem rate against the entered customs values for the subject 
merchandise.
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    \8\ See 19 CFR 351.212(b)(1).
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    Where appropriate, we calculated a per-unit rate for each importer 
(or customer) by dividing the total dumping margins for reviewed sales 
to that party by the total sales quantity associated with those 
transactions. For duty-assessment rates calculated on this basis, we 
will direct CBP to assess the resulting per-unit rate against the 
entered quantity of the subject merchandise. Where an importer- (or 
customer-) specific assessment rate is de minimis (i.e., less than 0.50 
percent), the Department will instruct CBP to assess that importer (or 
customer's) entries of subject merchandise without regard to 
antidumping duties. The Department intends to issue appropriate 
assessment instructions directly to CBP 15 days after publication of 
the final results of this review.
    Also, the Department recently announced a refinement to its 
assessment practice in NME cases.

[[Page 41366]]

Pursuant to this refinement in practice, for merchandise that was not 
reported in the U.S. sales databases submitted by an exporter 
individually examined during this review, but that entered under the 
case number of that exporter (i.e., at the individually-examined 
exporter's cash deposit rate), 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 PRC-wide rate.\9\
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    \9\ For a full discussion of this practice, see NME Proceedings.
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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 from the PRC 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 exporter's 
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, 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 eligible for a separate rate, the cash deposit rate 
will be the PRC-wide rate of 285.63 percent; \10\ 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.
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    \10\ 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).
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Notification to Importers

    This notice also serves as a 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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: July 2, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Scope of the Order
2. Non-Market Economy Country Status
3. Preliminary Determination of No Shipments
4. Separate Rates
5. Separate Rates for Non-Selected Companies
6. Surrogate Country
7. Date of Sale
8. Fair Value Comparisons
9. Export Price
10. Normal Value

[FR Doc. 2013-16578 Filed 7-9-13; 8:45 am]
BILLING CODE 3510-DS-P