[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Notices]
[Pages 42891-42893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17768]
-----------------------------------------------------------------------
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; 2017-
2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain companies covered by the administrative review made sales
of subject merchandise at prices below normal value. Interested parties
are invited to comment on these preliminary results.
DATES: August 19, 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.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on chlorinated isocyanurates (chlorinated isos) from the
People's Republic of China (China). The period of review (POR) is June
1, 2017 through May 31, 2018.\1\ This administrative review covers two
mandatory respondents, Heze Huayi Chemical Co. Ltd. (Heze Huayi) and
Juancheng Kangtai Chemical Co. Ltd. (Kangtai). Commerce preliminarily
determines that sales of subject merchandise by Heze Huayi and Kangtai
have been made at prices below normal value (NV).
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 39688 (August 10, 2018).
---------------------------------------------------------------------------
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\ This extended the
deadline for the preliminary results to April 11, 2019. Commerce
extended the time limit for the preliminary results on April 10, 2019,
which fully extended the deadline until August 9, 2019.\3\
---------------------------------------------------------------------------
\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 the
People's Republic of China: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 10,
2019.
---------------------------------------------------------------------------
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.\4\
[[Page 42892]]
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.
---------------------------------------------------------------------------
\4\ For a complete description of the Scope of the Order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of the
2017-2018 Antidumping Duty Administrative Review: Chlorinated
Isocyanurates from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the
Act). Export prices have been calculated in accordance with section 772
of the Act. Because China is a non-market economy within the meaning of
section 771(18) of the Act, NV 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. 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 Commerce building. In addition, a complete version of
the Preliminary Decision Memorandum is available online at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic version of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
Commerce preliminarily determines that Heze Huayi and Kangtai have
established their eligibility for a separate rate and that the
following weighted-average dumping margins exist for the period June 1,
2017 through May 31, 2018:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percentage)
------------------------------------------------------------------------
Heze Huayi Chemical Co. Ltd............................... 32.23
Juancheng Kangtai Chemical Co. Ltd........................ 58.07
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce 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).
Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of review.\5\
Rebuttals to case briefs, which must be limited to issues raised in the
case briefs, must be filed within five days after the time limit for
filing case briefs.\6\ Parties who submit case briefs or rebuttal
briefs in this proceeding are requested to submit with each argument:
(1) A statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.\7\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.309(c)(1)(ii).
\6\ See 19 CFR 351.309(d)(1) and (2).
\7\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
---------------------------------------------------------------------------
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.\8\ 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.\9\ Parties should confirm
by telephone the date, time, and location of the hearing two days
before the scheduled date.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.310(c).
\9\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
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.
Commerce intends to issue the final results of this administrative
review, which will include the results of 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, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\10\ Commerce intends to issue assessment instructions to CBP 15
days after the date of publication of the final results of this review.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
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), Commerce 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.\11\
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 appropriate entries without regard to antidumping duties.
---------------------------------------------------------------------------
\11\ 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).
---------------------------------------------------------------------------
For entries that were not reported in the U.S. sales database
submitted by an exporter individually examined during this review,
Commerce will instruct CBP to liquidate such entries at the China-wide
rate. Additionally, if Commerce 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 China-wide rate.\12\
---------------------------------------------------------------------------
\12\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
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 China 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
[[Page 42893]]
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 Chinese and non-Chinese
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
Chinese 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; \13\ and (4) for all non-Chinese exporters
of subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the Chinese exporter(s)
that supplied that non-Chinese exporter. These deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\13\ See Notice of Antidumping Duty Order: Chlorinated
Isocyanurates from the People's Republic of China, 70 FR 36561 (June
24, 2005).
---------------------------------------------------------------------------
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 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 and 19 CFR 351.213 and 19
CFR 351.221(b)(4).
Dated: August 9, 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. Discussion of the Methodology
V. Recommendation
[FR Doc. 2019-17768 Filed 8-16-19; 8:45 am]
BILLING CODE 3510-DS-P