[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Notices]
[Pages 42898-42900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17541]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-814f]
Chlorinated Isocyanurates From Spain: Preliminary Results of
Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that sales of chlorinated isocyanurates (chlorinated isos) from Spain
by Ercros S.A. (Ercros) were not sold at less than normal value during
the period of review (POR), June 1, 2017 through May 31, 2018.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable August 19, 2019.
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 August 10, 2018, Commerce published the notice of initiation of
this administrative review of chlorinated isos from Spain covering one
company, Ercros.\1\ 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.\2\ On April 10, 2019, Commerce extended the deadline of these
preliminary results until July 10, 2019,\3\ and on July 8, 2019,
extended the preliminary results deadline by an additional 30 days.\4\
The events that
[[Page 42899]]
have occurred between initiation and these preliminary results are
discussed in the Preliminary Decision Memorandum.\5\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 39688 (August 10, 2018).
\2\ 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.
\3\ See Memorandum, ``Chlorinated Isocyanurates from Spain:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review--2017-2018,'' dated April 10, 2019.
\4\ See Memorandum, ``Chlorinated Isocyanurates from Spain:
Second Extension of Deadline for Preliminary Results of Antidumping
Duty Administrative Review--2017-2018,'' dated July 8, 2019.
\5\ See Memorandum, ``Decision Memorandum for Preliminary
Results of the 2017-2018 Antidumping Duty Administrative Review of
Chlorinated Isocyanurates from Spain,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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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. 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. A full description of the scope of the order is
contained in the Preliminary Decision Memorandum.\6\
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\6\ Id.at 2.
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price is calculated in accordance with section 772 of the Act.
Normal value has been calculated in accordance with section 773 of the
Act. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. 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 http://access.trade.gov and is available to all
parties in the Central Records Unit, Room B8024 of the main Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision
Memorandum and the electronic version of the Preliminary Decision
Memorandum are identical in content. A list of the topics discussed in
the Preliminary Decision Memorandum is attached as an appendix to this
notice.
Preliminary Results of Review
As a result of this review, we preliminarily determine that the
following dumping margin exists for the period June 1, 2017 through May
31, 2018:
------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
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Ercros S.A.................................................. 0.00
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Disclosure and Public Comment
Commerce intends to disclose to the parties to the proceeding any
calculations performed in connection with these preliminary results
within five days of the date of publication of this notice.\7\
Interested parties may submit case briefs to Commerce in response to
these preliminary results no later than 30 days after the publication
of this notice.\8\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed no later than five days after the time limit
for filing case briefs.\9\ Parties who submit case briefs or rebuttal
briefs in this proceeding are encouraged to submit with each argument:
(1) A statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\10\ Case and rebuttal briefs should be
filed using ACCESS.\11\ In order to be properly filed, ACCESS must
successfully receive an electronically-filed document in its entirety
by 5 p.m. Eastern Time on the established deadline.
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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(d)(1) and (2).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See 19 CFR 351.303.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS, within 30 days after the date of publication of this notice.
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, Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a date
and time to be determined.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, not later than 120 days after the date of
publication of this notice, unless extended, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuance of the final results in this administrative review,
Commerce shall determine, and Customs and Border Protection (CBP) shall
assess, antidumping duties on all appropriate entries in accordance
with 19 CFR 351.212(b)(1). If Ercros' weighted-average dumping margin
is not zero or de minimis (i.e., less than 0.5 percent) in the final
results of this review, we will calculate importer- or customer-
specific ad valorem assessment rates based on the ratio of the total
amount of dumping calculated for the importer/customer's examined sales
and the total entered value of the sales in accordance with 19 CFR
351.212(b)(1). We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review when the importer-specific
assessment rate calculated in the final results of this review is above
de minimis. Where 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 appropriate entries
without regard to antidumping duties. The final results of this review
shall be the basis for the assessment of antidumping duties on entries
of merchandise covered by the final results of this review and for
future deposits of estimated duties, where applicable.
For entries of subject merchandise during the POR produced by the
respondent for which it did not know that its merchandise was destined
for the United States, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.
We intend to issue instructions to CBP 15 days after the date of
publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for the company
under review will be the rate established in the final results of this
review, except, if the rate is zero or de minimis (i.e., less than 0.5
percent), no cash deposit will be required; (2) for previously reviewed
or investigated
[[Page 42900]]
companies not listed above, the cash deposit rate will continue to be
the company-specific rate published for the most recent period; (3) if
the exporter is not a firm covered in this review, a prior review, or
the less-than-fair-value investigation, but the manufacturer is, the
cash deposit rate will be the rate established for the most recent
period for the manufacturer of the merchandise; and (4) the cash
deposit rate for all other manufacturers or exporters is 24.83 percent,
the all-others rate established in the investigation.\12\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\12\ 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 preliminary 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: August 8, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Allegation of a Particular Market Situation
V. Comparisons to Normal Value
VI. Product Comparisons
VII. Date of Sale
VIII. Export Price
IX. Normal Value
X. Currency Conversion
XI. Recommendation
[FR Doc. 2019-17541 Filed 8-16-19; 8:45 am]
BILLING CODE 3510-DS-P