[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Pages 77263-77265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24810]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-814]


Chlorinated Isocyanurates From Spain: Final 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) determines that 
sales of chlorinated isocyanurates from Spain were made as less than 
normal value during the period of review (POR) June 1, 2021, through 
May 31, 2022.

DATES: Applicable November 9, 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

    On July 7, 2023, Commerce published the preliminary results of the 
administrative review of the antidumping duty order on chlorinated 
isocyanurates (chlorinated isos) from Spain.\1\ For a summary of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\2\ The sole mandatory respondent in this 
administrative review is Ercros S.A. (Ercros). The producers/exporters 
not selected for individual examination are listed in the ``Final 
Results of Review'' section of this notice.
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    \1\ See Chlorinated Isocyanurates from Spain: Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022, 88 FR 
43305 (July 7, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Chlorinated Isocyanurates from Spain; 2021-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order \3\
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    \3\ 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 Issues and Decision Memorandum.

Analysis of Comments Received

    Commerce addressed all issues raised in the case and rebuttal 
briefs in the Issues and Decision Memorandum. These issues are 
identified in the appendix to this notice. The Issues and 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. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we have made 
certain changes to the home market and margin calculations for Ercros 
since the Preliminary Results. Specifically, we have revised Ercros' 
home market program to include certain movement expenses and revised 
the margin program to change currency conversions for inland insurance 
and commissions.

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 Tariff 
Act of 1930, as amended (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

[[Page 77264]]

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} .'' In this segment of 
the proceeding, we calculated a margin for Ercros that was not zero, de 
minimis, or based entirely on facts available. Accordingly, we have 
applied the margin calculated for Ercros to the non-individually 
examined companies.

Final Results of Review

    As a result of this administrative review, we determine that the 
following weighted-average dumping margins exist for the period June 1, 
2021 through May 31, 2022.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       dumping
                                                                 margin
                                                               (percent)
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Ercros S.A...................................................       9.05
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       Review-Specific Rate Applicable to the Following Companies:
------------------------------------------------------------------------
Industrias Quimicas Tamar S.L................................       9.05
Electroquimic de Hernani, S.A................................       9.05
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Disclosure

    Commerce intends to disclose the calculations performed for Ercros 
in these final results to interested parties within five days of the 
date of publication of this notice in the Federal Register, in 
accordance with 19 CFR 351.224(b).

Assessment

    Pursuant to section 751(a)(2)(C) of 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 administrative 
review. 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).
    Where the respondent reported reliable entered values, Commerce 
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).\4\ Where Commerce 
calculated a weighted-average dumping margin by dividing the total 
amount of dumping for reviewed sales to a specific importer or customer 
by the total sales quantity associated with those transactions, 
Commerce will direct CBP to assess importer- (or customer-) specific 
assessment rates based on the resulting per-unit rates.\5\ 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.\6\ 
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.\7\
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    \4\ See 19 CFR 351.212(b)(1).
    \5\ Id.
    \6\ Id.
    \7\ See 19 CFR 351.106(c)(2).
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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 the respondent 
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 of 24.83 percent,\8\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\9\ For companies 
identified above that were not selected for individual examination, we 
will instruct CBP to liquidate entries at the rates established in 
these final results of review.
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    \8\ See Chlorinated Isocyanurates from Spain: Notice of Final 
Determination of Sales at Less Than Fair Value, 70 FR 24506 (May 10, 
2005) (Chlorinated Isos from Spain Final Determination).
    \9\ 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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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of the final results of this administrative 
review 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 in the Federal Register, as provided 
by section 751(a)(2)(C) of the Act: (1) for the companies covered by 
this review, the cash deposit rate will be the rates listed above in 
the section ``Final Results of Review''; (2) for merchandise exported 
by producers or exporters not covered in this administrative review but 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company-specific rate published in a completed 
segment for the most recent POR; (3) if the exporter is not a firm 
covered in this review or in the original investigation, but the 
producer is, the cash deposit rate will be the rate established for the 
most recently completed segment of this proceeding for the producer of 
the merchandise; and (4) the cash deposit rate for all other producers 
or exporters will continue to be 24.83 percent, the all-others rate 
established in the investigation.\10\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \10\ See Chlorinated Isos from Spain Final Determination.
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Notification to Importers

    This notice serves as a final 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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    Commerce is issuing and publishing these final results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(5).

    Dated: November 2, 2023.
Abdelali Elouaradia,
Deputy 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 Results

[[Page 77265]]

V. Discussion of the Issues
    Comment 1: Quarterly Costs
    Comment 2: Movement Expenses
    Comment 3: Inland Insurance Currency Conversion
    Comment 4: Commission Expenses Currency Conversion
VI. Recommendation

[FR Doc. 2023-24810 Filed 11-8-23; 8:45 am]
BILLING CODE 3510-DS-P