[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Notices]
[Pages 5053-5055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02782]


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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; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) finds that certain 
companies covered by this administrative review made sales of 
chlorinated isocyanurates from the People's Republic of China (China) 
at less than normal value during the period of review (POR) June 1, 
2016, through May 31, 2017.

DATES: Applicable February 20, 2019.

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

    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 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 did not participate in this administrative review 
and failed to respond to our questionnaires.
    On July 10, 2018, the Department of Commerce (Commerce) published 
its Preliminary Results of the administrative review of the antidumping 
duty order on chlorinated isocyanurates from the People's Republic of 
China (China).\1\ We invited parties to comment on our Preliminary 
Results. On August 16, 2018, the petitioners, Bio-lab, Inc., Clearon 
Corp., and Occidental Chemical Corp. (collectively, the petitioners) 
and the respondents, Heze Huayi and Kangtai (collectively, the 
respondents), submitted case briefs.\2\ On August 21, 2018, the 
petitioners and the respondents submitted rebuttal briefs.\3\
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    \1\ See Chlorinated Isocyanurates from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review; 2016-2017, 83 FR 31953 (July 10, 2018) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum.
    \2\ See ``Case Brief of Bio-lab, Inc., Clearon Corp. and 
Occidental Chemical Corporation,'' dated August 16, 2018 
(Petitioners' Case Brief); and, ``Chlorinated Isocyanurates from the 
People's Republic of China: Case Brief,'' dated August 16, 2018 
(Respondents' Case Brief).
    \3\ See ``Rebuttal Brief of Biolab, Inc., Clearon Corp. and 
Occidental Chemical Corporation,'' dated August 21, 2018 
(Petitioners' Rebuttal Brief); and, ``Chlorinated Isocyanurates from 
the People's Republic of China: Rebuttal Brief,'' dated August 21, 
2018 (Respondents' Rebuttal Brief).
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    On October 30, 2018, Commerce fully extended the deadline for the 
final results until January 4, 2019.\4\ Commerce exercised its 
discretion to toll all deadlines affected by the partial federal 
government closure from December 22, 2018, through the resumption of 
operations on January 29, 2019.\5\ This extended the deadline for the 
final results to February 13, 2019.
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    \4\ See Memorandum to James Maeder, Associate 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 30, 2018).
    \5\ See Memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
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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 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, ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review: Chlorinated 
Isocyanurates from China; 2016-2017,'' issued concurrently with this 
notice for a complete description of the scope of the Order.

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[[Page 5054]]

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.\7\ 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. Because Jiheng 
failed to respond to Commerce's questionnaires, we continue to 
determine for these final results that Jiheng is part of the China-wide 
entity.\8\
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    \7\ See Preliminary Results, and accompanying Preliminary 
Decision Memorandum, at 3-5.
    \8\ 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 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 made one 
change to our margin calculations to correct the calculation of Heze 
Huayi's and Kangtai's value-added taxes. The final dumping margins for 
this review are listed below.

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.\9\ The weighted-average dumping margins for Heze Huayi 
and Kangtai in the instant administrative review are as follows:
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    \9\ 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................................       33.63
Juancheng Kangtai Chemical Co., Ltd.........................       40.28
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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).\10\ 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.\11\ 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.\12\ 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.\13\
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    \10\ See 19 CFR 351.212(b)(1).
    \11\ Id.
    \12\ Id.
    \13\ 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.\14\
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    \14\ 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 that 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).

[[Page 5055]]

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 Orders

    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: February 12, 2019.
Christian Marsh,
Deputy 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: Selection of the Primary Surrogate Country
    Comment 2: Whether To Use the EMIM Mexican Labor Data Instead of 
ILO Mexican Labor Rate
    Comment 3: Selection of Mexican Surrogate Value Record Over the 
Brazilian and Bulgarian Surrogate Value Record
    A. Financial Statements
    B. Surrogate Value for Sodium Hydroxide (Caustic Soda)
    C. Other Bulgarian Surrogate Values
    D. Other Brazilian Surrogate Values
    Comment 4: Adjustment to Export Price for Free-of-Charge Packing 
Materials
    Comment 5: Calculation of Value-Added Tax (VAT) Expenses
    Comment 6: Assigning the NME-Entity Rate to Jiheng
Recommendation

[FR Doc. 2019-02782 Filed 2-19-19; 8:45 am]
BILLING CODE 3510-DS-P