[Federal Register Volume 79, Number 20 (Thursday, January 30, 2014)]
[Notices]
[Pages 4875-4877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01898]


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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 Administrative Review; 2011-2012

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.
SUMMARY: On July 10, 2013, the Department of Commerce (the Department) 
published its Preliminary Results of the 2011-2012 administrative 
review of the antidumping duty order on chlorinated isocyanurates 
(chloro isos) from the People's Republic of China (PRC).\1\ The period 
of review (POR) is June 1, 2011, through May 31, 2012. This review 
covers six producers/exporters of 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 Kantgai Chemical Co., Ltd. (collectively, Kangtai); (5) 
Sinocarbon International Trading Co., Ltd. (Sinocarbon); and (6) 
Zhucheng Taisheng Chemical Co., Ltd. (Zhucheng). Jiheng and Kangtai are 
the mandatory respondents. We invited parties to comment on our 
Preliminary Results. Based on our analysis of the comments received, we 
made certain changes to our margin calculations for Jiheng and Kangtai. 
The final dumping margins for this review are listed in the ``Final 
Results'' section below.
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    \1\ See Chlorinated Isocyanurates From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review; 2011-2012, 78 FR 41364 (July 10, 2013) (Preliminary 
Results).

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DATES: Effective Date: January 30, 2014.

FOR FURTHER INFORMATION CONTACT: Sean Cary or Emily Halle, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3964 or (202) 482-0176, respectively.

Background

    On July 10, 2013, the Department published its Preliminary Results. 
On August 9, 2013, Jiheng and Kangtai each submitted a hearing request 
to address issues raised in their case and rebuttal case briefs. On 
August 15, 2013, the Department extended the deadline for the final 
results in this administrative review until January 6, 2014.\2\ The 
Department conducted a verification of Kangtai between September 23 and 
September 27, 2013.\3\ On November 29, 2013, Clearon Corporation and 
Occidental Chemical Corporation (collectively, Petitioners), Jiheng, 
and Kangtai each submitted a case brief.\4\ On December 4 and 5, 2013, 
Jiheng, Petitioners, and Kangtai each submitted a rebuttal case 
brief.\5\ On January 7, 2014, we held a public hearing to address 
issues raised in the case and rebuttal briefs.\6\
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    \2\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Chlorinated Isocyanurates from the People's Republic of China: 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' (August 15, 2013).
    \3\ See Memorandum to the File, ``Verification of the Sales and 
Factors Response of Juancheng Kangtai Chemical Co., Ltd. in the 
Antidumping Review of Chlorinated Isocyanurates from the People's 
Republic of China,'' (November 29, 2013).
    \4\ See ``Case Brief of Clearon Corp. and Occidental Chemical 
Corporation,'' (November 29, 2013); ``Chlorinated Isocyanurates from 
China (Seventh Administrative Review)--Hebei Jiheng Chemical Co., 
Ltd. Case Brief,'' (November 29, 2013) and; ``Chlorinated 
Isocyanurates from the People's Republic of China Kangtai Case 
Brief,'' (November 29, 2013).
    \5\ See ``Chlorinated Isocyanurates from China (Seventh 
Administrative Review)--Hebei Jiheng Chemical Co., Ltd. Rebuttal 
Brief,'' (December 4, 2013); ``Rebuttal Brief of Clearon Corp. And 
Occidental Chemical Corporation,'' (December 5, 2013); and 
``Chlorinated Isocyanurates from the People's Republic of China 
Kangtai Rebuttal Brief,'' (December 5, 2013).
    \6\ See ``Public Hearing in the Matter of: Administrative Review 
under the Antidumping Duty Order on Chlorinated Isocyanurates from 
the People's Republic of China,'' (January 7, 2014).
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    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, 2013, through October 16, 2013.\7\ 
Therefore, all deadlines in this segment of the proceeding were 
extended by 16 days. Therefore, the revised deadline for the final 
results of this review is January 22, 2014.
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    \7\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government,'' (October 18, 2013).
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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. 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.\8\
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    \8\ See Memorandum to Christian Marsh, Acting Secretary for 
Enforcement and Compliance, ``Chlorinated Isocyanurates from the 
People's Republic of China: Issues and Decision Memorandum for the 
Final Results of the 2011-2012 Antidumping Duty Administrative 
Review,'' issued concurrently with this notice (Issues and Decision 
Memorandum) for a complete description of the scope of the Order.
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Final Determination of No Shipments

    For these final results of review, we continue to find that Heze 
had no shipments during the POR.\9\
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    \9\ See Preliminary Results, 78 FR 41364.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum, 
which is hereby adopted by this notice. A list of the issues that 
parties raised and to which we responded in the Issues and Decision 
Memorandum follows as an appendix to this notice. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance'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 Issues and Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The paper copy and electronic version of 
the Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary

[[Page 4876]]

Results, we have made revisions to the margin calculations for Jiheng 
and Kangtai.\10\
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    \10\ See Issues and Decision Memorandum.
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Separate Rates

    In our Preliminary Results, we determined that Arch China, 
Sinoacarbon, and Zhucheng each demonstrated their eligibility for 
separate rates status.\11\ We have not received any information since 
the issuance of the Preliminary Results that provides a basis for 
reconsideration of this determination. Therefore, the Department 
continues to find that Arch China, Sinoacarbon, and Zhucheng are each 
eligible for separate rate status.
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    \11\ See Preliminary Results, 78 FR 41364.
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Final Results

    We determine that the following weighted-average dumping margins 
exist for the POR:

------------------------------------------------------------------------
                                                     Weighted-average
                    Exporter                          dumping margin
                                                       (percentage)
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Arch Chemicals (China) Co. Ltd.*...............                    53.15
Hebei Jiheng Chemical Co., Ltd.................                    47.17
Juancheng Kangtai Chemical Co., Ltd............                    59.12
Sinoacarbon International Trading Co., Ltd.*...                    53.15
Zhucheng Taisheng Chemical Co., Ltd.*..........                    53.15
------------------------------------------------------------------------
* 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.

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review. The Department intends to issue 
assessment instructions to CBP 15 days after the publication date of 
these final results of this review. In accordance with 19 CFR 
351.212(b)(1), we are calculating importer- (or customer-) specific 
assessment rates for the merchandise subject to this review. For any 
individually examined respondent whose weighted-average dumping margin 
is above de minimis (i.e., 0.50 percent), the Department 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 sales.\12\ We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review when the importer-specific assessment rate is above de minimis. 
Where either the 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.
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    \12\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
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    The Department announced a refinement to its assessment practice in 
non-market economy (NME) cases. Pursuant to this refinement in 
practice, for entries that were not reported in the U.S. sales 
databases submitted by companies individually 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. For a 
full discussion of this practice, see Assessment in NME Antidumping 
Proceedings.\13\
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    \13\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment in 
NME Antidumping 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 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended 
(the Act): (1) For Heze, which claimed no shipments, the cash deposit 
rate will remain unchanged from the rate assigned to Heze in the most 
recently completed review of the company; (2) for Jiheng and Kangtai, 
the cash deposit rate be 47.17 percent and 53.15 percent, respectively; 
(3) for previously investigated or reviewed PRC and non-PRC exporters 
that received a separate rate in a prior segment of this proceeding, 
the cash deposit rate will continue to be the existing exporter-
specific rate; (4) or all PRC exporters of subject merchandise that 
have not been found to be entitled a separate rate, the cash deposit 
rate will be that for the PRC-wide entity established in the final 
determination of the less than fair value investigation (i.e., 285.63 
percent); and (5) 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 that supplied that non-PRC 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Disclosure

    We will disclose the calculations performed regarding these final 
results within five days of the date of publication of this notice in 
this proceeding in accordance with 19 CFR 351.224(b).

Notification to Importers Regarding the Reimbursement of Duties

    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 has occurred and that subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 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 or destruction of APO materials, or conversion to judicial 
protective order, is hereby requested. Failure to comply with the 
regulations

[[Page 4877]]

and terms of an APO is a violation which is subject to sanction.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: January 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Comment 1: Selection of Surrogate Country
Comment 2: Selection of Surrogate Values if the Department Continues 
to Use the Philippines as the Primary Surrogate Country:
    A. Steam
    B. Water
    C. Ammonium Sulfate
    D. Labor
    E. Electricity
    F. Sulfuric Acid
    G. Chlorine
    H. Ammonium Chloride
Comment 3: Selection of Surrogate Values if the Department Chooses 
Thailand as the Primary Surrogate Country:
    A. Ammonium Chloride
    B. Chlorine
Comment 4: Whether the Department is Authorized by Law to Apply the 
Alternative Methodology under Section 777A(d)(1)(B) of the Act to 
Annual Reviews
    A. Withdrawal of the Regulatory Provisions Governing Targeted 
Dumping in Less-Than-Fair-Value Investigations
    B. Consideration of an Alternative Comparison Method in an 
Administrative Review
    C. The Average-to-Transaction Method and the Denial of Offsets 
for Non-Dumped Sales
    D. Differential Pricing Analysis
Comment 5: Methodological Issues
    A. Value-Added Tax (VAT) Adjustment for Kangtai's and Jiheng's 
U.S. Sales
    B. By-Product Offsets
    C. Adjusting the Value of By-Product Hydrogen to Eliminate the 
Cost of Ocean Shipping Containers
    D. Adjusting for the Concentration of Sodium Hydroxide
    E. Valuing Well Water as a Factor of Production
Comment 6: Ministerial Errors
    A. Conversion Errors
    B. Double-Counting of VAT
    C. Calculation of Inter-Company Transportation Costs for 
Intermediate Chemicals
    D. Calculation of Financial Ratios

[FR Doc. 2014-01898 Filed 1-29-14; 8:45 am]
BILLING CODE 3510-DS-P