[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Notices]
[Pages 43391-43393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17484]


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

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; 2012-
2013

AGENCY: Enforcement and Compliance, 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, 2012, through May 31, 
2013. This administrative review covers five producers/exporters: (1) 
Arch Chemicals (China) Co. Ltd. (Arch China); (2) Hebei Jiheng Chemical 
Co., Ltd.(Jiheng); (3) Heze Huayi Chemical Co. Ltd. (Heze); (4) 
Juancheng Kangtai Chemical Co., Ltd. (Kangtai); and (5) 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). 
Interested parties are invited to comment on these preliminary results.

DATES: Effective: July 25, 2014.

FOR FURTHER INFORMATION CONTACT: Sean Carey, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,

[[Page 43392]]

Washington, DC 20230; telephone: (202) 482-3964.

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.
---------------------------------------------------------------------------

    \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 Enforcement and Compliance, ``Decision 
Memorandum for the Preliminary Results of the 2012-2013 Antidumping 
Duty Administrative Review: Chlorinated Isocyanurates from the 
People's Republic of China,'' dated concurrently with this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    The Department has conducted this administrative 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 a non-market economy 
within the meaning of section 771(18) of the Act, normal value has been 
calculated in accordance with section 773(c) of the Act. 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 Enforcement and Compliance's centralized 
electronic service system (``IA ACCESS''). IA ACCESS is available to 
registered users at http://iaaccess.trade.gov and in the Department's 
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://enforcement.trade.gov/frn/index.html. 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
                          Exporter                             dumping
                                                                margin
                                                              percentage
------------------------------------------------------------------------
Arch Chemicals (China) Co. Ltd *...........................        21.51
Hebei Jiheng Chemical Co., Ltd.............................         0.00
Juancheng Kangtai Chemical Co., Ltd........................        43.01
Heze Huayi Chemical Co. Ltd *..............................        21.51
Zhucheng Taisheng Chemical Co., Ltd *......................        21.51
------------------------------------------------------------------------
* 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 the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
Interested parties may submit written comments by no later than 30 days 
after the date of publication of these preliminary results of 
review.\2\ Rebuttals to written comments may be filed by no later than 
five days after the written comments are filed.\3\
---------------------------------------------------------------------------

    \2\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general 
filing requirements).
    \3\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice.\4\ 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.\5\
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.310(c).
    \5\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    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.

Assessment Rates

    Upon issuing the final results of this new shipper review, the 
Department shall determine, and U.S. Customs and Border Protection 
(``CBP'') shall assess, antidumping duties on all appropriate entries 
covered by this review.\6\ The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of this new shipper review.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    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.
    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. If 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.\7\ 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 PRC-wide rate.\8\ Additionally, 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\
---------------------------------------------------------------------------

    \7\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
    \8\ Id.
    \9\ Id.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments

[[Page 43393]]

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 existing producer/exporter-specific combination 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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 and 19 
CFR 351.221(b)(4).

    Dated: July 17, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Background
2. Scope of the Order
3. Non-Market Economy Country Status
4. Separate Rates
5. Separate Rates for Non-Selected Companies
6. Surrogate Country
7. Date of Sale
8. Determination of Comparison Method
9. Results of the Differential Pricing Analysis
10. Fair Value Comparisons
11. U.S. Price
12. Value-Added Tax
13. Normal Value

[FR Doc. 2014-17484 Filed 7-24-14; 8:45 am]
BILLING CODE 3510-DS-P