[Federal Register Volume 89, Number 3 (Thursday, January 4, 2024)]
[Notices]
[Pages 455-456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28998]



[[Page 455]]

=======================================================================
-----------------------------------------------------------------------

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; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Heze Huayi Chemical Co., Ltd. (Heze Huayi) and Juancheng Kangtai 
Chemical Co., Ltd. (Kangtai) sold chlorinated isocyanurates 
(chlorinated isos) from the People's Republic of China (China) at less 
than normal value during the period of review (POR) June 1, 2021, 
through May 31, 2022.

DATES: Applicable January 4, 2024.

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 July 7, 2023, Commerce published its Preliminary Results.\1\ For 
events subsequent to the Preliminary Results, see the Issues and 
Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Chlorinated Isocyanurates from the People's Republic of 
China: Preliminary Results of Antidumping Administrative Review; 
2021-2022, 88 FR 43271 (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 Isocynaurates from the People's Republic of 
China; 2021-2022,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

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. A full description of the scope of the Order is contained in 
the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised by interested parties in briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues addressed in 
the Issues and Decision Memorandum is provided 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 review of the record, and comments received from 
interested parties regarding our Preliminary Results, we made two 
changes to the Romanian surrogate values (SVs) for chlorine and 
brokerage and handling charges.\3\
---------------------------------------------------------------------------

    \3\ See Issues and Decision Memorandum for further discussion.
---------------------------------------------------------------------------

Separate Rate Eligibility

    In the Preliminary Results, we found that Heze Huayi and Kangtai 
demonstrated their eligibility for separate rates.\4\ As we received no 
information or interested party arguments to the contrary since the 
issuance of the Preliminary Results, we continue to find that Heze 
Huayi and Kangtai are each eligible for a separate rate.
---------------------------------------------------------------------------

    \4\ See Preliminary Results, 88 FR 43272.
---------------------------------------------------------------------------

China-Wide Entity

    Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\5\ Under this 
policy, the China-wide entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
entity. Because no party requested a review of the China-wide entity, 
we did not review the entity in this segment of the proceeding. Thus, 
the China-wide entity's rate (i.e., 285.63 percent) \6\ did not change.
---------------------------------------------------------------------------

    \5\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \6\ For an explanation on the derivation of the China-wide rate, 
see 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).
---------------------------------------------------------------------------

Final Results of Review

    Commerce determines that the following weighted-average dumping 
margins exists for Heze Huayi and Kangtai for the period of June 1, 
2021, through May 31, 2022:

------------------------------------------------------------------------
                                                                Weight-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Heze Huayi Chemical Co., Ltd................................       50.27
Juancheng Kangtai Chemical Co., Ltd.........................       73.84
------------------------------------------------------------------------

Disclosure

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

Assessment Rates

    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 these final results of review. Commerce 
intends to issue assessment instructions to CBP no earlier than 35 days 
after the date of publication of these final results. 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).
    For the individually-examined respondent in this review which has a 
final weighted-average dumping margin that is not zero or de minimis 
(i.e., less than 0.5 percent), we will calculate importer- (or 
customer-) specific per-unit duty assessment rates based on the ratio 
of the total amount of dumping calculated for the importer's (or 
customer's) examined sales to the total sales quantity associated with 
those sales, in accordance with 19 CFR 351.212(b)(1).\7\ We will also 
calculate (estimated) ad valorem importer-specific assessment rates 
with which to determine whether the per-unit assessment rates are de 
minimis. Where either a respondent's weighted-average dumping margin is 
zero or de minimis, or an importer- (or customer-) specific assessment 
rate is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.\8\
---------------------------------------------------------------------------

    \7\ See Certain Activated Carbon from the People's Republic of 
China: Final Results and Partial Rescission of Second Antidumping 
Duty Administrative Review, 75 FR 70208, 70211 (November 17, 2010), 
and accompanying Issues and Decision Memorandum at Comment 3.
    \8\ See 19 CFR 351.106(c)(2).

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

[[Page 456]]

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.

Notification to Importers Regarding the Reimbursement of Duties

    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 and/or countervailing duties has occurred and the 
subsequent assessment of double antidumping duties, and/or increase in 
the amount of antidumping duties by the amount of the countervailing 
duties.

Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to an 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) of the Act, and 
19 CFR 351.221(b)(5).

    Dated: December 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

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
V. Discussion of the Issues
    Comment 1: Comparable Merchandise
    Comment 2: Surrogate Country Selection
    Comment 3: Whether Romanian SV Information was Timely Submitted
    Comment 4: Whether the Romanian SV for Chlorine is Aberrant
VI. Recommendation

[FR Doc. 2023-28998 Filed 1-3-24; 8:45 am]
BILLING CODE 3510-DS-P