[Federal Register Volume 82, Number 72 (Monday, April 17, 2017)]
[Notices]
[Pages 18111-18112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07679]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


Chlorinated Isocyanurates From the People's Republic of China: 
Notice of Court Decision Not in Harmony With Final Results and Notice 
of Amended Final Results

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

SUMMARY: The Court of International Trade (CIT or Court) sustained the 
final remand results pertaining to the administrative review of the 
antidumping duty order on chlorinated isocyanurates (chloro isos) from 
the People's Republic of China (PRC) covering the period of June 1, 
2011, through May 31, 2012. The Department of Commerce (the Department) 
is notifying the public that the final judgment in this case is not in 
harmony with the final results of the administrative review and that 
the Department is amending the final results with respect to the 
dumping margins assigned to Juangcheng Kangtai Chemical Co., Ltd. 
(Kangtai), Hebei Jiheng Chemical Co., Ltd. (Jiheng), and Arch Chemicals 
(China) Co., Ltd. (Arch).

DATES: Effective January 29, 2017.

FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar, 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) 482-3857.

SUPPLEMENTARY INFORMATION:

Background

    On January 30, 2014, the Department issued the Final Results.\1\ 
Three parties contested the Department's findings in the Final Results. 
All three plaintiffs (i.e., Kangtai, Jiheng, and Arch) are Chinese 
producers/exporters of chloro isos. Kangtai and Jiheng were mandatory 
respondents in the underlying administrative review; Arch was an 
unexamined respondent that demonstrated eligibility for separate rate 
status.
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    \1\ See Chlorinated Isocyanurates from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2011-2012, 79 FR 4875 (January 30, 2014) (Final Results), and 
accompanying Issues and Decision Memorandum.
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    In the Final Results, the Department assigned weighted-average 
dumping margins of 59.12 percent and 47.17 percent to Kangtai and 
Jiheng, respectively.\2\ As a separate rate company, Arch received the 
margin of 53.15 percent, which is the simple average of the margins 
calculated for individually examined respondents.\3\
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    \2\ See Final Results, 79 FR at 4876.
    \3\ Id.
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    On August 21, 2015, the CIT remanded various aspects of the Final 
Results to the Department. In particular, the Court instructed the 
Department to do the following: (1) Determine whether or not the 
selling, general, and administrative expenses contain certain labor 
items and explain how the methodology used by the Department in the 
Final Results is supported by

[[Page 18112]]

substantial evidence on the record; (2) select the best surrogate value 
(SV) rate for chlorine; (3) select the best SV for ammonium chloride; 
(4) select the best source of SV data for electricity; (5) reexamine 
the record evidence regarding the SV for ammonium sulfate; (6) explain 
and support the Department's change in by-product methodology; and (7) 
consider all arguments from interested parties concerning the deduction 
of irrecoverable value added tax from U.S. price.\4\
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    \4\ See Juancheng Kangtai Chemical Co., Ltd., et al. v. United 
States, CIT Slip Op. 15-93, Consol. Ct. No. 14-00056 (August 21, 
2015) (Kangtai I).
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    Pursuant to Kangtai I, the Department issued its Final 
Redetermination, which addressed the Court's holdings and revised the 
weighted-average dumping margins for Kangtai and Jiheng to 48.72 
percent and 27.99 percent, respectively, and the simple average dumping 
margin for Arch to 38.36 percent.\5\ On January 19, 2017, the CIT 
sustained the Department's Final Redetermination in full.\6\ Thus, the 
Court affirmed the following dumping margins as calculated by the 
Department in the Final Redetermination: 48.72 for Kangtai, 27.99 for 
Jiheng, and 38.36 for Arch.
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    \5\ See Department Memorandum, ``Antidumping Duty Administrative 
Review of Chlorinated Isocyanurates from the People's Republic of 
China: Final Results of Redetermination Pursuant to Remand,'' April 
15, 2016 (Final Redetermination) (available at http://enforcement.trade.gov/remands/15-93.pdf).
    \6\ See Juancheng Kangtai Chemical Co., Ltd., et al. v. United 
States, CIT Slip Op. 17-3, Consol. Ct. No. 14-00056 (January 19, 
2017) (Kangtai II).
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Timken Notice

    In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ 
the Court of Appeals for the Federal Circuit held that, pursuant to 
section 516A(e) of the Tariff Act of 1930, as amended (the Act), the 
Department must publish a notice of a court decision that is not ``in 
harmony'' with a Department determination and must suspend liquidation 
of entries pending a ``conclusive'' court decision. The CIT's January 
19, 2016, final judgment sustaining the Final Redetermination 
constitutes a final decision of the Court that is not in harmony with 
the Department's Final Results. This notice is published in fulfillment 
of the Timken publication requirements. Accordingly, the Department 
will continue the suspension of liquidation of the subject merchandise 
pending a final and conclusive court decision.
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    \7\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \8\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court decision, we are amending the 
Final Results with respect to the dumping margins calculated for 
Kangtai, Jiheng, and Arch. Based on the Final Redetermination, as 
affirmed by the CIT in Kangtai II, the revised dumping margins for 
Kangtai, Jiheng, and Arch from June 1, 2011, through May 31, 2012, are 
as follows:

------------------------------------------------------------------------
                                                                Margins
                      Producer/exporter                        (percent)
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Juancheng Kangtai Chemical Co., Ltd.........................       48.72
Hebei Jiheng Chemical Co., Ltd..............................       27.99
Arch Chemicals (China) Co., Ltd.............................       38.36
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    In the event that the CIT's rulings are not appealed or, if 
appealed, are upheld by a final and conclusive court decision, the 
Department will instruct Customs and Border Protection (CBP) to assess 
antidumping duties on unliquidated entries of subject merchandise based 
on the revised dumping margins listed above.

Cash Deposit Requirements

    Since the Final Results, the Department has established a new cash 
deposit rate for Kangtai and Jiheng.\9\ Therefore, this amended final 
determination does not change the later-established cash deposit rates 
for Kangtai and Jiheng. Arch does not have a superseding cash deposit 
rate and, therefore, the Department will issue revised cash deposit 
instructions to CBP, adjusting the cash deposit rate for Arch to 38.36 
percent, effective January 29, 2017.
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    \9\ See, e.g., Chlorinated Isocyanurates from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2014-2015, 82 FR 4852, 4852 (January 17, 2017).
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Notification to Interested Parties

    This notice is issued and published in accordance with section 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: April 11, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-07679 Filed 4-14-17; 8:45 am]
 BILLING CODE 3510-DS-P