[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
[Notices]
[Pages 56295-56297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14834]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-814]


Chlorinated Isocyanurates From Spain: 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 sales of chlorinated isocyanurates (chlorinated isos) 
from Spain were not sold in the United States at less than normal value 
during the period of review (POR), June 1, 2022, through May 31, 2023. 
We invite interested parties to comment on these preliminary results.

DATES: Applicable July 9, 2024.

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 Electroquimica de Hernani, S.A. 
(EHER).\1\ On January 23, 2024, we limited the number of respondents 
for individual examination in this administrative review to Ercros and 
EHER.\2\ We did not select Industrias Quimicas Tamar for individual 
examination, and this company remains 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 6, 2024, we extended the deadline for these preliminary 
results until no later than June 27, 2024.\4\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 51271 (August 3, 2023).
    \2\ See Memorandum, ``Respondent Selection,'' dated January 23, 
2024.
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Chlorinated 
Isocyanurates from Spain; 2022-2023,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated February 
6, 2024.
---------------------------------------------------------------------------

Scope of the Order 5
---------------------------------------------------------------------------

    \5\ See Chlorinated Isocyanurates from Spain: Notice of 
Antidumping Duty Order, 70 FR 36562 (June 24, 2005) (Order).
---------------------------------------------------------------------------

    The products covered by the Order are chlorinated isos, which are 
derivatives of cyanuric acid, described as chlorinated s-triazine 
triones. For a full description of the scope of the

[[Page 56296]]

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.

Rate for Non-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} .''
    Where the dumping margin for individually examined respondents are 
all zero, de minimis, or based entirely on facts available, section 
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable 
method to establish the estimated all-others rate for exporters and 
producers not individually investigated, including averaging the 
estimated weighted average dumping margins determined for the exporters 
and producers individually investigated.''
    In this review, we calculated a weighted-average dumping margins 
for Ercros and EHER that are zero and we did not calculate any margins 
which are not zero, de minimis, or determined entirely on the basis of 
facts available. Therefore, consistent with section 735(c)(5)(B) of the 
Act, we are applying to Industrias Quimicas Tamar, the company not 
selected for individual examination in this review, a margin of zero 
percent.

Preliminary Results of Review

    As a result of our review, we preliminarily determine the following 
estimated weighted-average dumping margins for the period June 1, 202, 
through May 31, 2023:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Ercros S.A..................................................        0.00
Electroquimica de Hernani, S.A..............................        0.00
Industrias Quimicas Tamar S.L...............................        0.00
------------------------------------------------------------------------

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).
    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\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Procedures).
    \7\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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 APO and Service Procedures.
---------------------------------------------------------------------------

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

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.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    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 each respondent for which it 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\
---------------------------------------------------------------------------

    \11\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).

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

[[Page 56297]]

    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.
---------------------------------------------------------------------------

    \12\ See Order.
---------------------------------------------------------------------------

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 27, 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. Companies Not Selected for Individual Examination
V. Discussion of the Methodology
VI. Normal Value
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2024-14834 Filed 7-8-24; 8:45 am]
BILLING CODE 3510-DS-P