[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Notices]
[Pages 41367-41369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16579]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-814]


Chlorinated Isocyanurates From Spain: Preliminary Results of 
Antidumping Duty Administrative Review; 2011-2012

AGENCY: Import Administration, International Trade Administration, U.S. 
Department of Commerce.
SUMMARY: In response to a request by a Ercros S.A. (Ercros),\1\ the 
Department of Commerce (the Department) is conducting an administrative 
review of the antidumping duty order on chlorinated isocyanurates 
(chlorinated isos) from Spain.\2\ The period of review is June 1, 2011, 
to May 31, 2012. We preliminarily determine that Ercros did not make 
sales below normal value (NV). The preliminary results are listed below 
in the section titled ``Preliminary Results of Review.''
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    \1\ Ercros formerly exported the subject merchandise through its 
100%-owned subsidiary Aragonesas Industrias y Energia S.A. 
(Aragonesas). In 2010, Aragonesas was merged with Ercros.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation in Part, 77 FR 
45338 (July 31, 2012).

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DATES: Effective Date: July 10, 2013.

FOR FURTHER INFORMATION CONTACT: Sean Carey or Dana Mermelstein at 
(202) 482-3964, or (202) 482-1391, respectively; AD/CVD Operations, 
Office 6, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the order is chlorinated isocyanurates. 
Chlorinated isocyanurates are derivatives of cynauric 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, and 2933.69.6050 of the 
Harmonized Tariff Schedule of the United States (HTSUS). A full 
description of the scope of the

[[Page 41368]]

order is contained in the memorandum from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty Operations, 
to Paul Piquado, Assistant Secretary for Import Administration, 
``Decision Memorandum for Preliminary Results of Antidumping Duty 
Administrative Review: Chlorinated Isocyanurates from Spain; 2011-
2012'' (Preliminary Decision Memorandum), which is issued concurrent 
with and hereby adopted by this notice.\3\
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    \3\ 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). Access to IA ACCESS is available to registered users at 
http://iaaccess.trade.gov and is available to all parties 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.
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Methodology

    The Department has conducted this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price 
is calculated in accordance with section 772 of the Act. NV is 
calculated in accordance with section 773 of the Act. To determine the 
appropriate comparison method, the Department applied a ``differential 
pricing'' analysis and has preliminarily determined to use the average-
to-average method in making comparisons of export price and NV for 
Ercros. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.

Preliminary Determination of Successor-In-Interest

    On August 27, 2012, and March 22, 2013, the Department issued its 
antidumping duty questionnaire and supplemental questionnaire to 
Ercros, requesting copies of agreements and other documents associated 
with the merger and any related changes in the corporate structure of 
Aragonesas when it was merged into Ercros by absorption on May 25, 
2010. We found the information contained in Ercros' responses 
sufficient to warrant a successor-in-interest analysis within the 
context of the instant administrative review. We have preliminarily 
found Ercros to be the successor-in-interest to Aragonesas. For the 
full successor-in-interest analysis and our conclusions, see the 
Preliminary Decision Memorandum.

Preliminary Results of Review

    On June 14, 2013, the petitioners Clearon Corp. and Occidental 
Chemical Corporation filed comments arguing that Ercros' U.S. sales are 
not bona fide sales. Ercros submitted information regarding this issue 
on June 20, 2013. The Department had insufficient time to analyze these 
comments and the underlying data by the July 2, 2013 deadline for 
issuing the preliminary results. Therefore, in accordance with 19 CFR 
351.309(c)(2), parties must present all arguments as it relates to this 
issue in their case briefs, if they deem them to be relevant to the 
Secretary's final determination.
    As a result of this review, we preliminarily determine that the 
weighted-average dumping margins for the period June 1, 2011, through 
May 31, 2012, are as follows:

------------------------------------------------------------------------
                                                      Weighted-average
               Manufacturer/exporter                   dumping margin
                                                          (percent)
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Ercros............................................                  0.00
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Disclosure and Public Comment

    The Department will disclose to interested parties the calculations 
performed in connection with these preliminary results within five days 
of the date of publication of this notice.\4\ Pursuant to 19 CFR 
351.309(c), interested parties may submit cases briefs no later than 30 
days after the date of publication of this notice.\5\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the date for filing case briefs.\6\ Parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\7\ Case and 
rebuttal briefs should be filed using IA ACCESS.\8\
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    \4\ See 19 CFR 351.224(b).
    \5\ See 19 CFR 351.309(c)(ii).
    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
    \8\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Import Administration, 
filed electronically via IA ACCESS. The Department's electronic records 
system, IA ACCESS, must successfully receive an electronically-filed 
document in its entirety by 5 p.m. Eastern Daylight Time within 30 days 
after the date of publication of this notice.\9\ Requests should 
contain: (1) The party's name, address, and telephone number; (2) the 
number of participants; and (3) a list of issues to be discussed. 
Issues raised in the hearing will be limited to those raised in the 
respective case briefs. The Department will issue the final results of 
this administrative review, including the results of its analysis of 
the issues raised in any written briefs, not later than 120 days after 
the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act.
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    \9\ See 19 CFR 351.310(c).
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Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries in accordance with 19 CFR 351.212(b)(1). We intend to issue 
instructions to CBP 15 days after the date of publication of the final 
results of this review.
    If Ercros' weighted-average dumping margin is not zero or de 
minimis (i.e., less than 0.5 percent) in the final results of this 
review, we will calculate importer-specific assessment rates on the 
basis of the ratio of the total amount of dumping calculated for the 
importer's examined sales and the total entered value of the sales in 
accordance with 19 CFR 351.212(b)(1). Where either a respondent's 
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\10\ This clarification will apply to entries of subject 
merchandise during the period of review produced by Ercros for which 
these companies did not know that the merchandise was destined for the 
United States. In such instances, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company(ies) involved in the transaction.
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    \10\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1)

[[Page 41369]]

The cash deposit rate for Ercros will be equal to the weighted-average 
dumping margin established in the final results of this review, except 
if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1), 
in which case the cash deposit rate will be zero; (2) for other 
manufacturers and exporters covered in a prior segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding in which that manufacturer or exporter participated; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
the original less-than-fair-value (LTFV) investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recently completed segment of this proceeding for the 
manufacturer of subject merchandise; and (4) the cash deposit rate for 
all other manufacturers or exporters will continue to be 24.83 percent, 
the all-others rate established in the LTFV investigation.\11\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \11\ See Chlorinated Isocyanurates From Spain: Notice of Final 
Determination of Sales at Less Than Fair Value, 70 FR 24506 (May 10, 
2005).
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Notification

    This notice also serves as a preliminary 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 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.

    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
4. Successor-In-Interest
5. Comparisons to Normal Value
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
6. Product Comparisons
7. Date of Sale
8. Export Price
9. Normal Value
    A. Home Market Viability as Comparison Market
    B. Level of Trade
    C. Cost of Production Analysis
    1. Calculation of Cost of Production
    2. Test of Comparison Market Sales Prices
    3. Results of the Cost of Production Test
    D. Calculation of Normal Value Based on Home Market Prices
10. Currency Conversion

[FR Doc. 2013-16579 Filed 7-9-13; 8:45 am]
BILLING CODE 3510-DS-P