[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Pages 1167-1169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00366]


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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; 2013-2014

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

SUMMARY: On July 8, 2015, the Department of Commerce (``the 
Department'') published its Preliminary Results of the 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, 2013, through May 31, 2014. This 
review covers three producers/exporters: (1) Heze Huayi Chemical Co. 
Ltd. (``Heze Huayi''); (2) Hebei Jiheng Chemical Co., Ltd. and Hebei 
Jiheng Baikang Chemical Industry Co., Ltd. (collectively, ``Jiheng''); 
and (3) Juancheng Kangtai Chemical Co., Ltd. (``Kangtai''). 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 all three respondents. 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; 2013-2014, 80 FR 39060 (July 8, 2015) (Preliminary Results).

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DATES: Effective date: January 11, 2016.

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

Background

    On July 8, 2015, the Department published its Preliminary Results. 
The Department verified the questionnaire responses of Heze Huayi from 
September 14 through September 18, 2015.\2\ On September 21 through 
September 25, 2015, the Department verified the questionnaire responses 
of Jiheng.\3\
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    \2\ See Memorandum to the File, ``Verification of the Sales 
Response of Heze Huayi Chemical Company, Ltd. in the Antidumping 
Administrative Review of Chlorinated Isocyanurates from the People's 
Republic of China,'' (October 20, 2015) (``Heze Huayi Verification 
Report'').
    \3\ See Memorandum to the File, ``Verification of the Sales 
Response of Hebei Jiheng Chemical Company, Ltd. in the Antidumping 
Administrative Review of Chlorinated Isocyanurates from the People's 
Republic of China,'' (November 5, 2015) (``Jiheng Verification 
Report'').
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    On September 30, 2015, the Department extended the deadline for the 
final results in this administrative review until December 7, 2015.\4\ 
On November 10, 2015, we fully extended the deadline for the final 
results.\5\ Because we miscalculated this extended deadline, we 
corrected the date to January 4, 2015 which is 180 days from the date 
of publication of the preliminary results and the maximum allowed under 
section 751(a)(3)(A) of Tariff Act of 1930, as amended (``the 
Act'').\6\
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    \4\ 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,'' (September 30, 2015).
    \5\ 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,'' (November 10, 2015).
    \6\ See Memorandum to the File, ``Chlorinated Isocyanurates from 
the People's Republic of China: Correction of Extension of Deadline 
for Final Results of Antidumping Duty Administrative Review'' 
(November 20, 2015).
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    On November 13, 2015, Clearon Corp. and Occidental Chemical Corp. 
(collectively, ``Petitioners'') and Jiheng submitted case briefs.\7\ On 
November 18, 2015, Jiheng, and Heze Huayi and Kangtai submitted 
rebuttal briefs.\8\
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    \7\ See ``The Administrative Review of the Antidumping Duty 
Order on Chlorinated Isocyanurates from the People's Republic of 
China: Case Brief of Clearon Corp. and Occidental Chemical 
Corporation,'' (November 13, 2015) (``Petitioners' Case Brief''); 
and, ``Chlorinated Isocyanurates from the People's Republic of 
China: Case Brief,'' (November 13, 2015) (``Jiheng's Case Brief'').
    \8\ See ``Chlorinated Isocyanurates from the People's Republic 
of China: Rebuttal Brief,'' (November 18, 2015) (``Jiheng's Rebuttal 
Brief''); and, ``Certain Chlorinated Isocyanurates from the People's 
Republic of China Rebuttal Brief,'' (November 18, 2015) (``Kangtai's 
and Heze Huayi's Rebuttal Brief'').
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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.\9\

[[Page 1168]]

Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of merchandise subject to the scope 
is dispositive. For a full description of the scope of the order, see 
Issues and Decision Memorandum.
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    \9\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Decision Memorandum for the Final 
Results of Antidumping Duty Administrative Review: Chlorinated 
Isocyanurates from the People's Republic of China; 2013-2014,'' 
(``Issues and Decision Memorandum'') issued concurrently with this 
notice for a complete description of the scope of the Order.
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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 (``ACCESS''). ACCESS is available 
to registered users at http://access.trade.gov and to all parties in 
the Central Records Unit, Room B8024 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 signed Issues and Decision Memorandum 
and electronic versions 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 Results, we have made 
revisions to the margin calculations for all companies.\10\
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    \10\ See Issues and Decision Memorandum, at 3.
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Adjustments for Countervailable Subsidies

    Because no respondent established eligibility for an adjustment 
under section 777A(f) of the Act for countervailable domestic 
subsidies, the Department, for these final results, did not make an 
adjustment pursuant to section 777A(f) of the Act for countervailable 
domestic subsidies.\11\
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    \11\ See Preliminary Results, and accompanying Issues and 
Decision Memorandum, at 24.
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    Pursuant to section 772(c)(1)(C) of the Act, the Department made an 
adjustment for countervailable export subsidies.\12\ For Heze Huayi and 
Jiheng, we made adjustments to reported U.S. prices.\13\ The adjustment 
for Kangtai is zero because no countervailable export subsidies were 
found in the final determination of the CVD investigation. For the PRC-
wide entity, since the entity is not currently under review, its rate 
is not subject to change.\14\
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    \12\ See Chlorinated Isocyanurates From the People's Republic of 
China: Final Affirmative Countervailing Duty Determination; 2012, 79 
FR 56560 (September 22, 2014), and accompanying Issues and Decision 
Memorandum, at ``Analysis of Programs'' section.
    \13\ See Preliminary Results, and accompanying Issues and 
Decision Memorandum, at 24; Memorandum to the File, ``Analysis for 
the Preliminary Results of the 2013-2014 Administrative Review of 
the Antidumping Duty Order on Chlorinated Isocyanurates from the 
People's Republic of China: Heze Huayi Chemical Co. Ltd.,'' June 30, 
2015, at ``Export Subsidy Offset'' section, unchanged for these 
final results; and, Memorandum to the File, ``Analysis for the 
Preliminary Results of the 2013-2014 Administrative Review of the 
Antidumping Duty Order on Chlorinated Isocyanurates from the 
People's Republic of China: Hebei Jiheng Chemical Co., Ltd.,'' June 
30, 2015, at ``Export Subsidy Offset'' section, unchanged for these 
final results.
    \14\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November 
4, 2013).
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Final Results

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

------------------------------------------------------------------------
                                                               Weight-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              percentage
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Heze Huayi Chemical Co., Ltd...............................         0.00
Hebei Jiheng Chemical Co., Ltd.............................         1.15
Juancheng Kangtai Chemical Co., Ltd........................         0.00
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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 each 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.\15\ 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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    \15\ 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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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 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 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; \16\ 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.
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    \16\ 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).
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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

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement

[[Page 1169]]

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 Notification to Interested Parties

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), 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 and 
terms of an APO is a violation which is subject to sanction.

Notification to Interested Parties

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213(h).

    Dated: January 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary
Background
Scope of the Order
Changes Since the Preliminary Results
Discussion of the Issues
    Comment 1: Surrogate Value for the Raw Material Input Chlorine
    Comment 2: Surrogate Value for the Raw Material Input Urea
    Comment 3: Surrogate Value for the By-Product Hydrogen
    Comment 4: Surrogate Financial Ratios
    Comment 5: By-Product Offset for Ammonium Sulfate
    Comment 6: Calculation of Jiheng's Indirect Selling Expenses
    Comment 7: Calculation of Ocean Freight
Recommendation

[FR Doc. 2016-00366 Filed 1-8-16; 8:45 am]
BILLING CODE 3510-DS-P