[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43305-43306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14398]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-814]


Chlorinated Isocyanurates From Spain: Preliminary Results of 
Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that sales of chlorinated isocyanurates (chlorinated isos) 
from Spain have been made below normal value during the period of 
review (POR), June 1, 2021, through May 31, 2022. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable July 7, 2023.

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

    Based on a timely request for review, and in accordance with 19 CFR 
351.221(c)(1)(i), Commerce initiated this administrative review of the 
antidumping duty order on chlorinated isos from Spain covering three 
companies, Ercros S.A. (Ercros), Industrias Quimicas Tamar S.L. 
(Industrias Quimicas Tamar), and Electroquimic de Hernani, S.A. 
(EHER).\1\ On September 16, 2022, we limited the number of respondents 
for individual examination in this administrative review to Ercros.\2\ 
We did not select Industrias Quimicas Tamar or EHER for individual 
examination, and these companies remain subject to this administrative 
review. For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\3\ 
On February 16, 2023, we extended the deadline for these preliminary 
results until no later than June 30, 2023.\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 48459 (August 9, 2022).
    \2\ See Memorandum, ``Administrative Review of Chlorinated 
Isocyanurates from Spain: Respondent Selection,'' dated September 
16, 2022.
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Chlorinated 
Isocyanurates from Spain; 2021-2022,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
    \4\ See Memorandum, ``Chlorinated Isocyanurates from Spain: 
Extension of Deadline for Preliminary Results of Antidumping Duty 
Administrative Review,'' dated February 16, 2023.
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Scope of the Order \5\
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    \5\ See Chlorinated Isocyanurates from Spain: Notice of 
Antidumping Duty Order, 70 FR 36562 (June 24, 2005) (Order).
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    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. For a full description of the scope of the order, 
see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Export price is 
calculated in accordance with section 772 of the Act. Normal value is 
calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of topics 
included in the Preliminary Decision Memorandum is included as an 
appendix to this notice. The Preliminary Decision Memorandum 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. In 
addition, the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Non-Individually Examined Companies

    For the rate for non-selected companies in an administrative 
review, generally, Commerce looks to section 735(c)(5) of the Act, 
which provides instructions for calculating the all-others rate in a 
market economy investigation. Under section 735(c)(5)(A) of the Act, 
the all-others rate is normally ``an amount equal to the weighted 
average of the estimated weighted average dumping margins established 
for exporters and producers individually investigated, excluding any 
zero or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .'' We preliminarily calculated a margin 
for Ercros that was not zero, de minimis, or based entirely on facts 
available. Accordingly, we have preliminarily applied the margin 
calculated for Ercros to the non-individually examined companies.

Preliminary Results of Review

    As a result of our review, we preliminarily determine the following 
weighted-average dumping margins for the period June 1, 2021, through 
May 31, 2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       Dumping
                                                                Margin
                                                               (percent)
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Ercros S.A..................................................        8.92
Industrias Quimicas Tamar *.................................        8.92
EHER *......................................................        8.92
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* Non-selected company.

Disclosure and Public Comment

    Commerce intends to disclose the calculations used in our analysis 
to parties in this review within five days of the date of publication 
of this notice in the Federal Register, in accordance with 19 CFR 
351.224(b). Interested

[[Page 43306]]

parties are invited to comment on the preliminary results of this 
review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may 
submit case briefs not later than 30 days after the date of publication 
of this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than seven days after the date for filing 
case briefs.\6\ Parties who submit case briefs or rebuttal briefs in 
this review are requested to submit with each brief: (1) a statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\7\ Case and rebuttal briefs should be filed using ACCESS 
and must be served on interested parties.\8\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\9\
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    \6\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March 
26, 2020) (``To provide adequate time for release of case briefs via 
ACCESS, E&C intends to schedule the due date for all rebuttal briefs 
to be 7 days after case briefs are filed (while these modifications 
remain in effect)'').).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
    \8\ See 19 CFR 351.303 (for general filing requirements).
    \9\ See 19 CFR 351.303(f).
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    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of the publication of this notice in the Federal 
Register. If a hearing is requested, Commerce will notify interested 
parties of the hearing schedule. 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, 
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 the issues to be discussed. Issues raised in the 
hearing will be limited to those raised in the respective case briefs.

Assessment Rates

    Upon completion of the administrative 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\ If the weighted-average dumping margin is not zero or de 
minimis (i.e., less than 0.5 percent), then Commerce will calculate 
importer-specific ad valorem antidumping duty assessment rates based on 
the ratio of the total amount of dumping calculated for each importer's 
examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1). If the weighted-average dumping 
margin is zero or de minimis in the final results, or if an importer-
specific assessment rate is zero or de minimis in the final results, 
Commerce will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.
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    \10\ See 19 CFR 351.212(b).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise that entered the United States 
during the POR that were produced by Ercros for which Ercros did not 
know that its merchandise was destined to the United States, Commerce 
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.\11\ The final results of this review shall be the 
basis for the assessment of antidumping duties on entries of subject 
merchandise covered by the final results of this review, where 
applicable.
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    \11\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of chlorinated isos from Spain 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 companies 
under review will be the rate established in the final results of this 
review (except, if the rate is zero or de minimis, no cash deposit will 
be required); (2) for previously reviewed or investigated 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 will continue to be 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 Order.
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of our 
analysis of issues raised by the parties in the written comments, 
within 120 days of publication of these preliminary results in the 
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 
CFR 351.213(h)(1).

Notification to Importers

    This notice also serves as a preliminary 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 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

    These preliminary results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act, and 19 CFR 351.221(b)(4).

    Dated: June 29, 2023.
Lisa W. Wang,
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. Companies Not Selected for Individual Examination
V. Discussion of the Methodology
VI. Normal Value
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2023-14398 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P