[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Notices]
[Pages 17502-17503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07002]



[[Page 17502]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-814]


Chlorinated Isocyanurates from Spain: Preliminary No Shipments 
Determination of Antidumping Duty Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, formerly 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 Spain.\1\ The period of review 
(POR) is June 1, 2012, through May 31, 2013. The review covers one 
producer/exporter of the subject merchandise, Ercros S.A. We 
preliminarily determine that Ercros S.A. had no shipments of subject 
merchandise during the POR. Interested parties are invited to comment 
on these preliminary results.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 78 FR 
46566 (August 1, 2013).

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DATES: Effective Date: March 28, 2014.

FOR FURTHER INFORMATION CONTACT: Sean Cary or Gene Calvert, 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) 482-3586, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The products covered by the order are 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). 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 written description 
of the scope of the order is dispositive.

Preliminary Determination of No Shipments

    The Department published in the Federal Register a notice of 
initiation of this administrative review of the antidumping duty order 
on chlorinated isos from Spain covering one company, Ercros S.A.\2\ The 
Department received a timely submission from Ercros S.A. reporting to 
the Department that it did not sell or export the subject merchandise 
to the United States during the POR.\3\ On December 17, 2013, we 
transmitted a ``No-Shipment Inquiry'' to U.S. Customs and Border 
Protection (CBP) regarding this company. Pursuant to this inquiry, the 
Department received no notification from CBP of entries of subject 
merchandise from Ercros S.A. within the ten-day deadline. Accordingly, 
based on record evidence, we preliminarily determine that Ercros S.A. 
had no shipments of subject merchandise during the POR. Consistent with 
our practice, the Department finds that it is not appropriate to 
rescind the review with respect to Ercros S.A., but rather to complete 
the review with respect to Ercros S.A. and issue appropriate 
instructions to CBP based on the final results of this review.\4\
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    \2\ See id.
    \3\ See Ercros S.A.'s letter entitled ``Certification of No 
Shipments and Request to Rescind Review, dated September 13, 2013.
    \4\ See, e.g., Magnesium Metal From the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010) (collectively, Magnesium 
Metal From the Russian Federation).
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Public Comment

    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\
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    \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).
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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 Enforcement and 
Compliance, U.S. Department of Commerce. All documents must be filed 
electronically using IA ACCESS.\8\ An electronically-filed request must 
be received successfully in its entirety by IA ACCESS by 5:00 p.m. 
Eastern Standard 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. If a request for a hearing is made, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a time and date to be determined. Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
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    \8\ IA ACCESS is available at https://iaaccess.trade.gov.
    \9\ See 19 CFR 351.310(c).
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    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.

Assessment Rates

    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\10\ This clarification will apply to entries of subject 
merchandise during the POR produced by Ercros for which this company 
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. Further, instead of 
rescinding the review with respect to Ercros S.A., we find it 
appropriate to complete the review and issue liquidation instruction to 
CBP concerning entries for Ercros S.A. following issuance of the final 
results of review. If we continue to find that Ercros S.A. had no 
shipments of subject merchandise in the final results, we will instruct 
CBP to liquidate any existing entries of merchandise produced by

[[Page 17503]]

Ercros S.A., but exported by other parties at the rate for the 
intermediate reseller, if available, or at the all-others rate.\11\
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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).
    \11\ See, e.g., Magnesium Metal From the Russian Federation.
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    We intend to issue instructions to CBP 15 days after the 
publication date of the final results of this review.

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) The cash deposit rate for Ercros S.A. will 
remain unchanged from the rate assigned to the company in the most 
recently completed review of that company; (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 
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 
investigation.\12\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \12\ 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 to Importers

    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 this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: March 19, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-07002 Filed 3-27-14; 8:45 am]
BILLING CODE 3510-DS-P