[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Notices]
[Pages 44745-44746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18230]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-814]


Chlorinated Isocyanurates From Spain: Final Results No Shipment 
Determination; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On March 28, 2014, the Department of Commerce (``the 
Department'') published in the Federal Register the preliminary results 
of the administrative review of the antidumping duty order on 
chlorinated isocyanurates (chlorinated isos) from Spain covering the 
period June 1, 2012 through May 31, 2013.\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. The Department gave 
interested parties an opportunity to comment on the Preliminary 
Results, but we received no comments. Hence, these final results are 
unchanged from the Preliminary Results, and we continue to find that 
Ercros S.A. did not have reviewable entries during the period of review 
(``POR'').
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    \1\ See Chlorinated Isocyanurates from Spain: Preliminary No 
Shipments Determination of Antidumping Duty Administrative Review; 
2012-2013, 79 FR 17502 (March 28, 2014) (Preliminary Results).

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DATES: Effective Date: August 1, 2014.

FOR FURTHER INFORMATION CONTACT: Sean Cary, 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: 

Background

    On March 28, 2014, the Department published the Preliminary Results 
of the instant review.\2\ Ercros S.A. submitted a timely-filed 
certification indicating that it had no shipments of subject 
merchandise to the United States during the POR.\3\ In addition, in 
response to the Department's query, U.S. Customs and Border Protection 
(``CBP'') did not provide any evidence that contradicted Ercros S.A.'s 
claim of no shipments.\4\ The Department received no comments from 
interested parties concerning the results of the CBP query. Therefore, 
based on Ercros S.A.'s certification and our analysis of CBP 
information, we preliminarily determined that Ercros S.A. did not have 
any reviewable entries during the POR.\5\ We invited interested parties 
to comment on the Preliminary Results.\6\ We received no comments from 
interested parties.
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    \2\ Id.
    \3\ See letter from Ercros S.A., ``Chlorinated Isocyanurates 
from Spain/Ercros S.A./Certification of No Shipments and Request to 
Rescind Review,'' dated September 13, 2013.
    \4\ See Preliminary Results.
    \5\ Id.
    \6\ Id.
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    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act'').

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.

Final Determination of No Shipments

    As explained above, in the Preliminary Results, the Department 
found that Ercros S.A. did not have reviewable entries during the 
POR.\7\ Also in the Preliminary Results, the Department stated that 
consistent with its recently announced refinement to its assessment 
practice, 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.\8\
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    \7\ Id.
    \8\ 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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    After issuing the Preliminary Results, the Department received no 
comments from interested parties, nor has it received any information 
that would cause it to revisit its preliminary determination. 
Therefore, for these final results, the Department continues to find 
that Ercros S.A. did not have any reviewable entries during the POR.

Assessment Rates

    The Department determined, and CBP shall assess, antidumping duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review.\9\ The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
these final results of review. Additionally, consistent with the 
Department's refinement to its assessment practice, because the 
Department determined that Ercros S.A. had no shipments of subject 
merchandise during the POR, any suspended entries that entered under 
Ercros S.A.'s antidumping duty case number (i.e., at that exporter's 
rate) will be liquidated at the all-others rate if there is no rate for 
the intermediate company(ies) involved in the transaction.\10\
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    \9\ See 19 CFR 351.212(b).
    \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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[[Page 44746]]

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of this notice of 
final results of the administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) For Ercros S.A., which claimed no 
shipments, the cash deposit rate will remain unchanged from the rate 
assigned to Ercros S.A. in the most recently completed review of the 
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.\11\
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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 to Importers

    This notice also serves as a final 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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 and terms of an APO is a sanctionable 
violation.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: July 28, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-18230 Filed 7-31-14; 8:45 am]
BILLING CODE 3510-DS-P