[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Notices]
[Pages 51511-51513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21154]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-814]


Chlorinated Isocyanurates From Spain: Preliminary No Shipments 
Determination of Antidumping Duty Administrative Review; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on chlorinated 
isocyanurates (chlorinated isos) from Spain for the period of review 
(POR) June 1, 2018 through May 31, 2019. The review covers one 
producer/exporter of the subject merchandise, Ercros S.A. (Ercros). We 
preliminarily determine

[[Page 51512]]

that Ercros had no shipments of subject merchandise during the POR. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable September 30, 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:

Scope of the Order

    The products covered by the order are chlorinated isocyanurates. 
Chlorinated isocyanurates are derivatives of cyanuric acid, described 
as chlorinated s-triazine triones. There are three primary chemical 
compositions of chlorinated isocyanurates: (1) Trichloroisocyanuric 
acid (Cl3(NCO)3), (2) sodium dichloroisocyanurate (dihydrate) 
(NaCl2(NCO)3 2H2O), and (3) sodium dichloroisocyanurate (anhydrous) 
(NaCl2(NCO)3). Chlorinated isocyanurates are available in powder, 
granular, and tableted forms. The order covers all chlorinated 
isocyanurates. Chlorinated isocyanurates are currently classifiable 
under subheadings 2933.69.6015, 2933.69.6021, and 2933.69.6050 of the 
Harmonized Tariff Schedule of the United States (HTSUS). The tariff 
classification 2933.69.6015 covers sodium dichloroisocyanurates 
(anhydrous and dihydrate forms) and trichloroisocyanuric acid. The 
tariff classifications 2933.69.6021 and 2933.69.6050 represent basket 
categories that include chlorinated isocyanurates and other compounds 
including an unfused triazine ring. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of the order is dispositive.

Preliminary Determination of No Shipments

    Commerce published in the Federal Register a notice of initiation 
of this administrative review of the antidumping duty order on 
chlorinated isos from Spain covering one company, Ercros.\1\ Commerce 
received a timely submission from Ercros reporting that it did not sell 
or export the subject merchandise to the United States during the 
POR.\2\ On August 29, 2019, we transmitted a ``No-Shipment Inquiry'' to 
U.S. Customs and Border Protection (CBP) regarding this company. 
Pursuant to this inquiry, Commerce received no notification from CBP of 
entries of subject merchandise from Ercros within the ten-day deadline. 
Accordingly, based on record evidence, we preliminarily determine that 
Ercros had no shipments of subject merchandise during the POR. 
Consistent with our practice, Commerce finds that it is not appropriate 
to rescind the review with respect to Ercros, but rather to complete 
the review with respect to Ercros and issue appropriate instructions to 
CBP based on the final results of this review.\3\
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    \1\ See Initiation of Antidumping Countervailing Duty 
Administrative Reviews, 84 FR 36572 (July 29, 2019).
    \2\ See Ercros' Letter, ``Chlorinated Isocyanurates from Spain; 
Revised No Shipment Certification,'' dated August 26, 2019.
    \3\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010) (collectively, Magnesium 
Metal from the Russian Federation).
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Public Comment

    Interested parties may submit cases briefs no later than 30 days 
after the date of publication of this notice.\4\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the date for filing case briefs.\5\ 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.\6\
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    \4\ See 19 CFR 351.309(c)(ii).
    \5\ See 19 CFR 351.309(d).
    \6\ See 19 CFR 351.309(c)(2) and (d)(2).
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    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, U.S. Department of Commerce. Requests should contain the 
party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. All documents must be filed 
electronically using ACCESS.\7\ An electronically-filed request must be 
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern 
Standard Time, within 30 days after the date of publication of this 
notice.\8\ 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 time and date to be determined. 
Parties should confirm by telephone the date, time, and location of the 
hearing two days before the scheduled date.
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    \7\ ACCESS is available at https://access.trade.gov.
    \8\ See 19 CFR 351.310(c).
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    Commerce will 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, pursuant to section 751(a)(3)(A) of the 
Act.

Assessment Rates

    In accordance with Commerce's practice, we find it appropriate to 
complete the review and issue liquidation instructions to CBP 
concerning entries for Ercros following issuance of the final results 
of review. If we continue to find that Ercros had no shipments of 
subject merchandise in the final results, we will instruct CBP to 
liquidate any existing entries of merchandise produced by Ercros, but 
exported by other parties, at the rate for the intermediate reseller, 
if available, or at the all-others rate.\9\
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    \9\ See, e.g., Magnesium Metal from the Russian Federation.
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    We intend to issue instructions to CBP 15 days after the 
publication date of the final results of this review.

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 Act: (1) The cash deposit rate for Ercros will 
remain unchanged from the rate assigned to the company in the most 
recently completed review of that company; (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 
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

[[Page 51513]]

in the investigation.\10\ These deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \10\ See Oil Country Tubular Goods from India: Final 
Determination of Sales at Less Than Fair Value and Final Negative 
Determination of Critical Circumstances, 79 FR 41981 (July 18, 
2014).
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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 the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: September 23, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-21154 Filed 9-27-19; 8:45 am]
BILLING CODE 3510-DS-P