[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
[Notices]
[Pages 56303-56305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14833]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


Chlorinated Isocyanurates From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2022-
2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that chlorinated isocyanurates (chlorinated isos) from the 
People's Republic of China (China) were sold in the United States at 
less than normal value (NV) during the

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period of review (POR), June 1, 2022, through May 31, 2023. Interested 
parties are invited to comment on these preliminary results.

DATES: Applicable July 9, 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 August 3, 2023, Commerce initiated this administrative review of 
the antidumping duty (AD) order on chlorinated isos from China covering 
the POR.\1\ This review covers two producers/exporters: Heze Huayi 
Chemical Co., Ltd. (Heze Huayi); and Juancheng Kangtai Chemical Co., 
Ltd. (Kangtai). On February 9, 2024, Commerce extended the deadline for 
the preliminary results of this administrative review by 119 days, 
until June 28, 2024.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 51271 (August 3, 2023).
    \2\ See Memorandum, ``Chlorinated Isocyanurates from the 
People's Republic of China: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated February 
9, 2024.
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    For details regarding the events that occurred subsequent to the 
initiation of this review, see the Preliminary Decision Memorandum.\3\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as the appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2022-2023 Administrative Review of the Antidumping 
Duty Order on Chlorinated Isocyanurates from the People's Republic 
of China,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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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. 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. 
For a complete description of the scope of the order, see the 
Preliminary Decision Memorandum.

The China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\4\ 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, the entity is not 
under review, and the entity's rate (i.e., 285.63 percent) is not 
subject to change.\5\
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    \4\ 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).
    \5\ 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).
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). Export prices have been calculated in accordance with section 772 
of the Act. Because China is a non-market economy within the meaning of 
section 771(18) of the Act, NV has been calculated in accordance with 
section 773(c) of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.

Preliminary Results of Review

    Commerce preliminarily determines that Heze Huayi and Kangtai have 
established their eligibility for a separate rate, and that the 
following weighted-average dumping margins exist for the period of June 
1, 2022, through May 31, 2023:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Heze Huayi Chemical Co. Ltd................................         9.05
Juancheng Kangtai Chemical Co. Ltd.........................        11.76
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice, or, if there is 
no public announcement, within five days of the date of publication of 
this notice in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no 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 not later than five days after the date for filing 
case briefs.\6\ Interested parties who submit case briefs or rebuttal 
briefs in this proceeding must submit: (1) a table of contents listing 
each issue; and (2) a table of authorities.\7\
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    \6\ See 19 CFR 351.309(d).
    \7\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\8\ Further, we 
request that interested parties limit their public executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this administrative review. We 
request that interested parties include footnotes for relevant 
citations in the public executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\9\
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    \8\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \9\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
Enforcement and Compliance's Antidumping and CVD Centralized Electronic 
Service System (ACCESS). Requests should contain: (1) the party's name, 
address, and telephone number; (2) the number of participants; and (3) 
a list of issues to be discussed. Issues raised in the hearing will be 
limited to those raised in the respective case briefs. An 
electronically filed hearing request must be received successfully in

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its entirety by Commerce's electronic records system, ACCESS, by 5:00 
p.m. Eastern Time within 30 days after the date of publication of this 
notice.

Final Results of Review

    Unless extended, we intend to issue the final results of this 
administrative review, which will include the results of our analysis 
of issues raised in the case and rebuttal briefs, within 120 days of 
the date of publication of this notice in the Federal Register.\10\
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    \10\ See section 751(a)(3)(A) of the Act; see also 19 CFR 
351.213(h)(1).
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Assessment Rates

    Upon issuing the final results of this review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\11\ Commerce intends to issue assessment instructions to CBP no 
earlier than 35 days after 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).
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    \11\ See 19 CFR 351.212(b)(1).
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    For each individually examined respondent in this review whose 
weighted-average dumping margin in the final results of review is not 
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to 
calculate importer-specific assessment rates for antidumping duties, in 
accordance with 19 CFR 351.212(b)(1).\12\ Where the respondent reported 
reliable entered values, Commerce intends to calculate importer-
specific ad valorem assessment rates by aggregating the amount of 
dumping calculated for all U.S. sales to the importer and dividing this 
amount by the total entered value of the merchandise sold to the 
importer.\13\ Where the respondent did not report entered values, 
Commerce will calculate importer-specific assessment rates by dividing 
the amount of dumping for reviewed sales to the importer by the total 
quantity of those sales. Commerce will calculate an estimated ad 
valorem importer-specific assessment rate to determine whether the per-
unit assessment rate is de minimis; however, Commerce will use the per-
unit assessment rate where entered values were not reported.\14\ Where 
an importer-specific ad valorem assessment rate is not zero or de 
minimis, Commerce will instruct CBP to collect the appropriate duties 
at the time of liquidation. Where either the respondent's weighted 
average dumping margin is zero or de minimis, or an importer-specific 
ad valorem assessment rate is zero or de minimis, Commerce will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\15\ For entries that were not reported in the U.S. 
sales database submitted by an exporter individually examined during 
this review, but that entered under the case number of that exporter 
(i.e., at the individually-examined exporter's cash deposit rate), 
Commerce will instruct CBP to liquidate such entries at the China-wide 
rate.\16\
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    \12\ See Antidumping Proceedings: Calculation of the Weighted 
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) 
(Final Modification).
    \13\ See 19 CFR 351.212(b)(1).
    \14\ Id.
    \15\ See Final Modification, 77 FR at 8103.
    \16\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) for the exporters 
listed above that have a separate rate, the cash deposit rate will be 
equal to the weighted-average dumping margin established in the final 
results of this review (except, if the rate is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(1), then a cash deposit rate of 
zero will be established for that company); (2) for previously 
investigated or reviewed Chinese and non-Chinese exporters not listed 
above that are currently eligible for a separate rate, the cash deposit 
rate will continue to be equal to the exporter-specific weighted-
average dumping margin published for the most recently completed 
segment of this proceeding; (3) for all Chinese exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be the cash deposit rate established for the 
China-wide entity (i.e., 285.63 percent); and (4) for all exporters of 
subject merchandise that are not located in China and that are not 
eligible for a separate rate, the cash deposit rate will be the rate 
applicable to the Chinese exporter(s) that supplied the non-Chinese 
exporter. These cash deposit requirements, when imposed, shall remain 
in effect until further notice.

Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 19 
CFR 351.221(b)(4).

    Dated: June 28, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Discussion of the Methodology
V. Adjustments Under Section 777A(f) of the Act
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2024-14833 Filed 7-8-24; 8:45 am]
BILLING CODE 3510-DS-P