[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Notices]
[Pages 53607-53608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23221]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-814]


Chlorinated Isocyanurates From Spain: Final Results of 
Antidumping Duty Administrative Review; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) determines that Ercros 
S.A. (Ercros) did not make sales of subject merchandise at less than 
fair value during the period of review (POR), June 1, 2016, through May 
31, 2017.

DATES: Applicable October 24, 2018.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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) 482-4261.

SUPPLEMENTARY INFORMATION:

Background

    On July 9, 2018, Commerce published the Preliminary Results.\1\ 
Since the Preliminary Results, the following events have taken place: 
Commerce received a timely case brief from the petitioners \2\ on 
August 8, 2018. Ercros filed a timely rebuttal brief on August 13, 
2018.
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    \1\ See Chlorinated Isocyanurates from Spain: Preliminary 
Results of Antidumping Duty Administrative Review; 2016-2017, 83 FR 
31725 (July 9, 2018).
    \2\ The petitioners in this case are Bio-Lab, Inc., Clearon 
Corp., and Occidental Chemical Corporation.
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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.\3\ 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 (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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    \3\ For a complete description of the Scope of the Order, see 
Memorandum, ``Issues and Decision Memorandum for Final Results of 
the 2016-2017 Antidumping Duty Administrative Review of Chlorinated 
Isocyanurates from Spain,'' dated concurrently with this notice 
(Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised by parties in the case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum, which is hereby 
adopted with this notice. A list of the issues addressed in the Issues 
and Decision Memorandum is appended to this notice. The Issues and 
Decision Memorandum is a public document and is available 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Services System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov, and 
it is available to all parties in the Central Records Unit of the main 
Commerce Building, Room B8024. In addition, a complete version of the 
Issues and Decision Memorandum is also accessible on the internet at 
http://enforcement.trade.gov/frn/index.html. The signed Issues and 
Decision Memorandum and the 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 the Preliminary Results, we have made no 
changes to our calculations. Therefore, the final results do not differ 
from the Preliminary Results.

Final Results of Review

    As a result of this review, we determine that, for the period June 
1, 2016, through May 31, 2017, the following dumping margin exists:

------------------------------------------------------------------------
                                                                Weight-
                                                                average
                    Manufacturer/exporter                       dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Ercros......................................................       0.00
------------------------------------------------------------------------

Assessment Rates

    Commerce shall determine, 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 the date of publication of these final 
results of review. Since Ercros' weighted-average dumping margin is 
zero or de minimis, we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.
    Commerce clarified its ``automatic assessment'' regulation on May 
6, 2003.\4\ This clarification will apply to entries of subject 
merchandise during the POR produced by Ercros for which these companies 
did not know that the merchandise was destined for the United States. 
In such instances, we will instruct CBP to liquidate un-reviewed 
entries at the all-others rate during the POR if there is no rate for 
the

[[Page 53608]]

intermediate company(ies) involved in the transaction.
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    \4\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act): (1) The 
cash deposit rate for Ercros will be equal to the weighted-average 
dumping margin established in the final results of this review, except 
if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1), 
in which case the cash deposit rate will be zero; (2) for other 
manufacturers and exporters covered in a prior segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding in which that manufacturer or exporter participated; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
the original less-than-fair-value (LTFV) investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recently completed segment of this proceeding for the 
manufacturer of subject merchandise; and (4) the cash deposit rate for 
all other manufacturers or exporters will continue to be 24.83 percent, 
the all-others rate established in the LTFV investigation.\5\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \5\ See Chlorinated Isocyanurates from Spain: Notice of Final 
Determination of Sales at Less Than Fair Value, 70 FR 24506 (May 10, 
2005).
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Notification to Importers

    This notice also serves as a final 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 Commerce's presumption that 
reimbursement of antidumping duties occurred which will result in the 
subsequent assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice is the only reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the 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 
the terms of an APO is a sanctionable violation.
    We are issuing and publishing these final results and this notice 
in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 
CFR 351.213(h).

    Dated: October 17, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Scope of the Order
III. Discussion of the Issues
    Comment: Allegation of a Particular Market Situation (PMS)
IV. Recommendation

[FR Doc. 2018-23221 Filed 10-23-18; 8:45 am]
 BILLING CODE 3510-DS-P