[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Notices]
[Pages 35183-35185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15942]


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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; 2015-
2016

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, 2015, through May 31, 
2016. This administrative 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 preliminarily determine that Heze Huayi and Kangtai have 
demonstrated their eligibility for a separate rate, and have made sales 
in the United States at prices below normal value (NV). We also 
preliminarily determine that Jiheng has not demonstrated its 
eligibility for a separate rate. Interested parties are invited to 
comment on these preliminary results.

DATES: July 28, 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.

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

[[Page 35184]]

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.
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    \1\ For a complete description of the Scope of the Order, see 
Memorandum from Gary Taverman, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Ronald K. 
Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, ``Decision Memorandum for the Preliminary Results of the 
2015-2016 Antidumping Duty Administrative Review: Chlorinated 
Isocyanurates from the People's Republic of China,'' dated 
concurrently with this notice (Preliminary Decision Memorandum).
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Methodology

    The Department is conducting this administrative review in 
accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as 
amended (the Act). Export and constructed 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. A list of the topics included in the 
Preliminary Decision Memorandum is included as an appendix to this 
notice.
    The Preliminary 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 https://access.trade.gov, 
and it is available to all parties in the Central Records Unit, room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum is available at 
http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content.

Verification

    As provided in sections 782(i)(3)(A)-(B) of the Act, we intend to 
verify the information upon which we will rely in determining our final 
results of review with respect to Kangtai.

Preliminary Results of Review

    The Department preliminarily finds that Jiheng did not respond to 
the Department's questionnaire even though it timely submitted a 
separate rate certification. As such, we preliminarily determine that 
Jiheng is part of the PRC-wide entity.\2\ For the companies' subject to 
this review that have established their eligibility for a separate 
rate, the Department preliminarily determines that the following 
weighted-average dumping margins exist for the period of June 1, 2015, 
through May 31, 2016:
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    \2\ Because no interested party requested a review of the PRC-
wide entity and the Department no longer considers the PRC-wide 
entity as an exporter conditionally subject to administrative 
reviews, we did not conduct a review of the PRC-wide entity. Thus, 
the rate for the PRC-wide entity is not subject to change as a 
result of this review. 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).

------------------------------------------------------------------------
                                                              Weight-
                                                              average
                        Exporter                              dumping
                                                              margin
                                                            percentage
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Heze Huayi Chemical Co. Ltd.............................           16.06
Juancheng Kangtai Chemical Co. Ltd......................           24.82
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Disclosure and Public Comment

    The Department intends to disclose the calculations for these 
preliminary results within five days of the date of publication of this 
notice, in accordance with 19 CFR 351.224(b).
    Because, as noted above, the Department intends to verify the 
information submitted by Kangtai upon which we will rely in making our 
final determination. Interested parties may submit written comments in 
the form of case briefs within one week after the issuance of the last 
verification report and rebuttal comments in the form of rebuttal 
briefs within five days after the time limit for filing case brief.\3\ 
Parties who submit case briefs or rebuttal briefs in this proceeding 
are requested to submit with each with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\4\
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    \3\ See 19 CFR 351.309(c)(1)(ii).
    \4\ See 19 CFR 351.309(c)-(d); see also 19 CFR 351.303 (for 
general filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, within 30 days of the date of publication of this 
notice.\5\ Requests should contain: (1) The party's name, address and 
telephone number; (2) The number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal 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.\6\ Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
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    \5\ See 19 CFR 351.310(c).
    \6\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety by 5 p.m. Eastern Time (ET) on 
the due date. Documents excepted from the electronic submission 
requirements must be filed manually (e.g., in paper form) with the APO/
Dockets Unit in Room 18022 and stamped with the date and time of 
receipt by 5 p.m. ET on the due date.
    The Department intends to issue the final results of this 
administrative review, which will include the results of verification 
and our analysis of all issues raised in the case briefs, within 120 
days of publication of these preliminary results in the Federal 
Register,unless extended, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuing the final results of this 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.\7\ The Department intends to issue assessment instructions to 
CBP 15 days after the date of publication of the final results of this 
review.
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    \7\ See 19 CFR 351.212(b)(1).
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    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 any 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.\8\ 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

[[Page 35185]]

appropriate entries without regard to antidumping duties.
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    \8\ 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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    For entries that were not reported in the U.S. sales database 
submitted by an exporter individually examined during this review, the 
Department will instruct CBP to liquidate such entries at the PRC-wide 
rate. 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 will be 
liquidated at the PRC-wide rate.\9\
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    \9\ 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 all 
shipments 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 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 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.
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    \10\ 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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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 \11\ 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).
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    \11\ This notice was originally signed by Ronald K. Lorentzen, 
Acting Assistant Secretary for Enforcement and Compliance, on June 
30, 2017. The notice was not accepted for Federal Register 
publication purposes because of issues with the electronic 
signature. Therefore, this notice has been signed anew for 
resubmission to the Federal Register.

    Dated: July 24, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Non-Market Economy Country Status
5. Separate Rates
6. Surrogate Country
7. Date of Sale
8. Normal Value Comparisons
9. Factor Valuation Methodology
10. Surrogate Values
11. Comparisons to Normal Value
12. Adjustments for Countervailable Subsidies
13. Currency Conversion

[FR Doc. 2017-15942 Filed 7-27-17; 8:45 am]
 BILLING CODE 3510-DS-P