[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Notices]
[Pages 10411-10413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03598]


-----------------------------------------------------------------------

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; 2017-2018

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, 
2017 through May 31, 2018.

DATES: Applicable February 24, 2020.

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

    On August 19, 2019, 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\ The petitioners in this investigation are Bio-lab, 
Inc., Clearon Corp., and Occidental Chemical Corp. (collectively, the 
petitioners). The mandatory respondents in this administrative review 
are Heze Huayi Chemical Co. Ltd. (Heze Huayi) and Juancheng Kangtai 
Chemical Co. Ltd. (Kangtai). We held a public hearing on January 28, 
2020 to address issues raised in the case and rebuttal briefs.\2\ A 
complete summary of the events that occurred since publication of the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision

[[Page 10412]]

Memorandum.\3\ The Issues and Decision Memorandum is a public document 
and is available 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 to all parties in the Central Records Unit, Room 
B-8024 of the main Commerce building. In addition, a complete version 
of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Chlorinated Isocyanurates from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review; 2017-2018, 84 FR 42891 (August 19, 2019) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum (PDM).
    \2\ See Hearing Transcript, ``Public Hearing in the Matter of 
the Antidumping Administrative Review of Chlorinated Isocyanurates 
from the People's Republic of China,'' (January 28, 2020).
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review: Chlorinated 
Isocyanurates from China; 2017-2018,'' issued concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

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.

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.\4\ 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.
---------------------------------------------------------------------------

    \4\ See Preliminary Results PDM at 3-5.
---------------------------------------------------------------------------

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.

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. Specifically, we converted the 
Mexican Global Trade Atlas (GTA) data from a ``freight-on-board'' basis 
to a ``cost of insurance and freight'' (CIF) basis. The final dumping 
margins for this review are listed below.

Final Results of Administrative Review

    The weighted-average dumping margins for Heze Huayi and Kangtai in 
the instant administrative review are as follows:

------------------------------------------------------------------------
                                                                Weight-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Heze Huayi Chemical Co., Ltd................................       76.63
Juancheng Kangtai Chemical Co., Ltd.........................      116.83
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(C) 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).\5\ 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.\6\ 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.\7\ 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.\8\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.212(b)(1).
    \6\ Id.
    \7\ Id.
    \8\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    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.\9\
---------------------------------------------------------------------------

    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011). For an 
explanation on the derivation of the China-wide rate, see also 
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).
---------------------------------------------------------------------------

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

[[Page 10413]]

within five days of the date of publication of this notice to parties 
in this proceeding in accordance with 19 CFR 351.224(b).

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.

Notification to Interested Parties

    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 14, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
    Comment 1: Whether a Principal-Agent Relationship Exists Between 
Heze Huayi and Its U.S. Customer
    Comment 2: Selection of the Primary Surrogate Country
    Comment 3: Whether Malaysian Trade Data Monitor Data Is Superior 
to the Mexican Global Trade Atlas (GTA) Data
    Comment 4: Whether Mexican GTA Import Data Is Less Preferable 
Because It Is Not on a CIF Basis
    Comment 5: Whether the Malaysian Data for Water and Labor Is 
Superior to the Mexican Data
VI. Recommendation

[FR Doc. 2020-03598 Filed 2-21-20; 8:45 am]
BILLING CODE 3510-DS-P