[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Notices]
[Pages 5243-5246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02315]


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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; 2015-2016

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

SUMMARY: On July 28, 2017, the Department of Commerce (Commerce) 
published its Preliminary Results of the

[[Page 5244]]

administrative review of the antidumping duty order on chlorinated 
isocyanurates from the People's Republic of China (China). 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 
invited parties to comment on our Preliminary Results. Based on our 
analysis of comments received, we made no changes to our margin 
calculations. The final dumping margins for this review are listed in 
the ``Final Results'' section below.

DATES: Applicable February 6, 2018.

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

    These final results of administrative review cover three producer/
exporters of the subject merchandise: (1) Heze Huayi; (2) Jiheng; and 
(3) Kangtai. We 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). With respect to 
Jiheng, we continue to treat this company as part of the China-wide 
entity because it has not demonstrated its eligibility for a separate 
rate.
    On July 28, 2017, Commerce published its Preliminary Results.\1\ 
From September 26 through September 29, 2017, Commerce verified the 
questionnaire responses of Kangtai.\2\ On November 21, 2017, Commerce 
fully extended the deadline for the final results until January 24, 
2018.\3\
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    \1\ See Chlorinated Isocyanurates from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review; 2015-2016, 82 FR 35183 (July 28, 2017) (Preliminary 
Results).
    \2\ See Memorandum, ``Verification of the Questionnaire 
Responses of Juancheng Kangtai Chemical Co., Ltd. in the Antidumping 
Review of Chlorinated Isocyanurates from the People's Republic of 
China,'' dated November 17, 2017.
    \3\ See Memorandum, ``Chlorinated Isocyanurates from the 
People's Republic of China: Extension of Deadline for Final Results 
of Antidumping Duty Administrative Review,'' dated November 21, 
2017.
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    On November 29, 2017, Bio-lab, Inc., Clearon Corp. and Occidental 
Chemical Corp. (collectively, the petitioners), and the respondents 
Heze Huayi and Kangtai, submitted case briefs.\4\ On December 6, 2017, 
the petitioners and the respondents both submitted rebuttal briefs.\5\ 
We met with the petitioners on December 14, 2017, and with the 
respondents on January 8, 2018, to address issues raised in the case 
and rebuttal briefs.\6\ Commerce has exercised its discretion to toll 
deadlines for the duration of the closure of the Federal Government 
from January 20 through 22, 2018. If the new deadline falls on a non-
business day, in accordance with Commerce's practice, the deadline will 
become the next business day. The revised deadline for the preliminary 
results is now January 29, 2018.\7\
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    \4\ See Petitioners' Case Brief, ``Case Brief of Bio-lab, Inc., 
Clearon Corp. and Occidental Chemical Corporation,'' dated November 
30, 2017; Respondents' Case Brief, ``Case Brief of Juancheng Kangtai 
Chemical Co., Ltd. (``Kangtai), Heze Huayi Chemical Co., Ltd. 
(``Heze Huayi''),'' dated November 29, 2017.
    \5\ See Petitioners' Rebuttal Brief, ``Rebuttal Brief of Biolab, 
Inc., Clearon Corp. and Occidental Chemical Corporation,'' dated 
December 6, 2017; Respondents' Rebuttal Brief, ``Chlorinated 
Isocyanurates from the People's Republic of China: Rebuttal Brief,'' 
dated December 6, 2017.
    \6\ See Memorandum, ``Ex-Parte Meeting with Counsel for Bio-Lab, 
Inc., Clearon Corp. and Occidental Chemical Corporation,'' dated 
December 22, 2016; Memorandum, ``Ex-Parte Meeting with Counsel for 
Heze Huayi Chemical Co. Ltd. and Juancheng Kangtai Chemical Co., 
Ltd.,'' dated January 8, 2018.
    \7\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 24, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days. Because this deadline falls on the weekend, the 
next business day is Monday, January 29, 2018.
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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.\8\
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    \8\ See Memorandum, ``Decision Memorandum for the Final Results 
of Antidumping Duty Administrative Review: Chlorinated Isocyanurates 
from the People's Republic of China; 2014-2015,'' issued 
concurrently with this notice for a complete description of the 
scope of the Order.
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Separate Rates

    In the Preliminary Results, we found that evidence provided by Heze 
Huayi and Kangtai supported finding an absence of both de jure and de 
facto government control, and, therefore, we preliminarily granted a 
separate rate to each of these companies.\9\ We received no information 
since the issuance of the Preliminary Results that provides a basis for 
reconsidering these determinations with respect to Heze Huayi and 
Kangtai. Therefore, for the final results, we continue to find that 
Heze Huayi and Kangtai are eligible for separate rates.
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    \9\ See Preliminary Results, and accompanying Preliminary 
Decision Memorandum, at 3-5.
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    With respect to Jiheng, however, we found that Jiheng did not 
respond to Commerce's questionnaire even though it timely submitted a 
separate rate certification. We received no information since the 
issuance of the Preliminary Results that provides a basis for 
reconsidering this determination with respect to Jiheng. Therefore, for 
the final results, we continue to find that Jiheng is ineligible for 
separate rate. As such, we determine that Jiheng is part of the China-
wide entity.\10\
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    \10\ Because no interested party requested a review of the 
China-wide entity and Commerce no longer considers the China-wide 
entity as an exporter conditionally subject to administrative 
reviews, we did not conduct a review of the China-wide entity. Thus, 
the rate for the China-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).
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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 https://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

[[Page 5245]]

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 no 
revisions to the margin calculations for all three companies.

Final Results of Administrative Review

    As explained above, we find Jiheng to be part of the China-wide 
entity. The rate previously established for the China-wide entity is 
285.63 percent.\11\ The weighted-average dumping margins for Heze Huayi 
and Kangtai in the instant administrative review are as follows:
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    \11\ For an explanation on the derivation of the China-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).

------------------------------------------------------------------------
                                                         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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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), Commerce 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. Commerce intends to issue 
appropriate assessment instructions directly to CBP 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).\12\ Where Commerce 
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, Commerce will direct CBP 
to assess importer-specific assessment rates based on the resulting 
per-unit rates.\13\ Where an importer- (or customer-) specific ad 
valorem or per-unit rate is greater than de minimis (i.e., 0.50 
percent), Commerce will instruct CBP to collect the appropriate duties 
at the time of liquidation.\14\ Where an importer- (or customer-) 
specific ad valorem or per-unit rate is zero or de minimis, Commerce 
will instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\15\
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    \12\ See 19 CFR 351.212(b)(1).
    \13\ Id.
    \14\ Id.
    \15\ See 19 CFR 351.106(c)(2).
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    Pursuant to Commerce's assessment practice, for entries that were 
not reported in the U.S. sales databases submitted by companies 
individually examined during this review, Commerce will instruct CBP to 
liquidate such entries at the China-wide entity rate. Additionally, if 
Commerce 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 
China-wide entity rate.\16\
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    \16\ 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 China 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 China and non-China 
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 China exporters of 
subject merchandise that have not been found to be eligible for a 
separate rate, the cash deposit rate will be the China-wide rate of 
285.63 percent; and (4) for all non-China exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the China exporter(s) that supplied 
that non-China exporter. These deposit requirements, when imposed, 
shall remain in effect until further notice.

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 Commerce'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).


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     Dated: January 29, 2018.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

Summary
Background
Scope of the Order
Discussion of the Issues
    Comment 1: Use of Kangtai's U.S. Export Sales to the One 
Customer Operating From a Third Country (Company X)
    Comment 2: Changes in Heze Huayi's Labor Usage Rates
    Comment 3: By-Product Offset for Ammonium Sulfate
    Comment 4: Adjustment To Export Price for Free-of-Charge Packing 
Materials
    Comment 5: Alternative Mexican Surrogate Values
    A. Alternative Mexican Financial Statements
    B. Mexican Surrogate Value for Sodium Hydroxide (Caustic Soda)
    C. Whether To Use INEGI's EMIM Mexican Labor Data Instead of ILO 
Labor Rate
    Comment 6: Assigning the NME-Entity Rate to Jiheng
Recommendation

[FR Doc. 2018-02315 Filed 2-5-18; 8:45 am]
 BILLING CODE 3510-DS-P