[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
[Notices]
[Pages 4852-4853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00825]


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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; 2014-2015

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

SUMMARY: On July 12, 2016, 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 (``the PRC''). 
The period of review (POR) is June 1, 2014, through May 31, 2015. This 
review covers three producers/exporters: (1) Heze Huayi Chemical Co., 
Ltd. (``Heze Huayi''); (2) Hebei Jiheng Chemical Co., Ltd. 
(``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.

DATES: Effective January 17, 2017.

FOR FURTHER INFORMATION CONTACT: Sean Carey, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, 
DC 20230; telephone: (202) 482-3964.

Background

    On July 12, 2016, the Department published its Preliminary Results 
of the administrative review.\1\ On August 25, 2016, respondents Heze 
Huayi, Kangtai, Jiheng, collectively submitted a case brief.\2\ On 
September 6, 2016, Biolab, Inc., Clearon Corp. and Occidental Chemical 
Corp. (collectively, ``Petitioners'') submitted a rebuttal brief.\3\
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    \1\ See Chlorinated Isocyanurates from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review; 2014-2015, 81 FR 45128 (July 12, 2016) (Preliminary 
Results).
    \2\ See ``Chlorinated Isocyanurates from the People's Republic 
of China: Case Brief,'' (August 25, 2016).
    \3\ See ``The Administrative Review of the Antidumping Duty 
Order on Chlorinated Isocyanurates from the People's Republic of 
China: Rebuttal Brief of Biolab, Inc., Clearon Corp. and Occidental 
Chemical Corporation,'' (September 6, 2016).
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    On October 21, 2016, the Department fully extended the deadline for 
the final results in this administrative review until January 9, 
2017.\4\ The Department held a public hearing on December 14, 2016, to 
address issues raised in the case and rebuttal briefs.\5\
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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,'' (October 21, 2016).
    \5\ See Hearing Transcript, ``Public Hearing in the Matter of: 
Administrative Review under the Antidumping Duty Order on 
Chlorinated Isocyanurates from the People's Republic of China,'' 
(December 20, 2016).
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Scope of the Order

    The products covered by the order are chloro 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. 
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.\6\
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    \6\ 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; 2014-2015,'' 
(``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/index.html. 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 three companies as a 
result of changes in the surrogate financial ratios and the surrogate 
value for steam coal.\7\
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    \7\ See Issues and Decision Memorandum, at 1.
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Final Results of Administrative Review

    The weighted-average dumping margins for the administrative review 
are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Heze Huayi Chemical Co., Ltd................................       53.95
Hebei Jiheng Chemical Co., Ltd..............................       61.03
Juancheng Kangtai Chemical Co., Ltd.........................       35.05
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the ``Act''), and 19 CFR 351.212(b), the Department has 
determined, and U.S. Customs and Border Protection (``CBP'') shall 
assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review. The 
Department intends to issue appropriate assessment instructions 
directly to CBP

[[Page 4853]]

15 days after publication of the final results of this administrative 
review.
    Where the respondent reported reliable entered values, we 
calculated importer (or customer)-specific ad valorem rates by 
aggregating the dumping margins calculated for all U.S. sales to each 
importer (or customer) and dividing this amount by the total entered 
value of the sales to each importer (or customer).\8\ Where the 
Department calculated a weighted-average dumping margin by dividing the 
total amount of dumping for reviewed sales to that party by the total 
sales quantity associated with those transactions, the Department will 
direct CBP to assess importer-specific assessment rates based on the 
resulting per-unit rates.\9\ Where an importer- (or customer-) specific 
ad valorem or per-unit rate is greater than de minimis (i.e., 0.50 
percent), the Department will instruct CBP to collect the appropriate 
duties at the time of liquidation.\10\ Where an importer- (or customer-
) specific ad valorem or per-unit rate is zero or de minimis, the 
Department will instruct CBP to liquidate appropriate entries without 
regard to antidumping duties.\11\
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    \8\ See 19 CFR 351.212(b)(1).
    \9\ Id.
    \10\ Id.
    \11\ See 19 CFR 351.106(c)(2).
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    Pursuant to the Department's assessment 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 entity rate. 
Additionally, if the Department determines that an exporter 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 entity rate.\12\
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    \12\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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 Act: (1) For the exporters 
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; \13\ 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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    \13\ 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 intend to disclose the calculations performed regarding these 
final results within five days of the date of publication of this 
notice to parties 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 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.
    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 
and 19 CFR 351.213(h).

    Dated: January 9, 2017.
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: Selection of the Primary Surrogate Country
    Comment 2: Selection of Mexican Surrogate Value Information over 
the Romanian Surrogate Value Information
    A. Surrogate Financial Ratios
    B. Surrogate Values for Certain Other Inputs
Recommendation

[FR Doc. 2017-00825 Filed 1-13-17; 8:45 am]
 BILLING CODE 3510-DS-P