[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Notices]
[Pages 62776-62777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26213]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-898]
Chlorinated Isocyanurates From the People's Republic of China:
Notice of Court Decision Not in Harmony With the Final Results of
Administrative Review and Notice of Amended Final Results of
Administrative Review Pursuant to Court Decision
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: September 23, 2011.
SUMMARY: On September 13, 2011, the United States Court of
International Trade (``Court'' or ``CIT'') sustained the Department of
Commerce's (``Department'') final results of redetermination pursuant
to the Court's remand.\1\ Consistent with the decision of the United
States Court of Appeals for the Federal Circuit (``CAFC'') in Timken
Co. v. United States, 893 F.2d 337 (Fed.
[[Page 62777]]
Cir. 1990) (``Timken''), as clarified by Diamond Sawblades Mfrs.
Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond
Sawblades''), the Department is notifying the public that the final
judgment in this case is not in harmony and is amending the final
results of the administrative review (``AR'') of the antidumping duty
order on chlorinated isocyanurates from the People's Republic of China
(``PRC'') covering the period of review (``POR'') of December 16, 2004,
through May 31, 2006.\2\
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\1\ See Arch Chemicals, Inc. and Hebei Jiheng Chemicals, Co.,
Ltd. v. United States and Clearon Corporation and Occidental
Chemical Corporation, Court No. 08-00040: Final Results of
Redetermination Pursuant To Remand, dated July 15, 2011 (``Arch
Chemicals III'').
\2\ See Chlorinated Isocyanurates from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review, 73
FR 153 (January 8, 2008). (``Final Results''), and accompanying
Issues and Decision Memorandum, and as amended by Chlorinated
Isocyanurates From the People's Republic of China: Amended Final
Results of Antidumping Duty Administrative Review, 73 FR 9091
(February 19, 2008) (``Amended Final Results'').
FOR FURTHER INFORMATION CONTACT: Bobby Wong, AD/CVD Operations, Office
8, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
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Washington, DC 20230; telephone: (202) 482-0409.
SUPPLEMENTARY INFORMATION:
Background
In Chlorinated Isocyanurates from the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review, 72 FR
39053 (July 17, 2007) (``Preliminary Results''), the Department granted
Hebei Jiheng Chemicals, Co., Ltd. (``Jiheng'') by-product offsets for
chlorine, ammonia gas, hydrogen, and recovered sulfuric acid. However,
in the Final Results, the Department denied Jiheng these by-product
offsets, stating that Jiheng had not provided the Department with the
information necessary to grant the by-product offsets. See Final
Results, 73 FR at 160; see also Issues and Decision Memo at Comment 15.
Specifically, the Department found that Jiheng had failed to provide
documentation supporting the claimed production quantities of by-
products. Id.
On July 13, 2009, pursuant to Arch Chemicals, Inc. v. United
States, Consol. Court No. 08-00040, Slip. Op. 09-71 (``Arch Chemicals
I''), the Court instructed the Department to reopen the record of the
underlying review and provide Jiheng with sufficient opportunity to
submit documentation relevant to the methodology the Department employs
in its by-product analysis. On December 22, 2009, in its final remand
redetermination, the Department granted Jiheng a by-product offset for
its production of chlorine, ammonia gas, hydrogen, and sulfuric acid
recovered during the POR.
However, after reviewing interested parties' comments with respect
to the Arch Chemicals I final remand redetermination, the Department
requested a voluntary remand to reconsider our results with regard to
Jiheng's hydrogen gas, sulfuric acid, and chlorine gas by-products. The
Court issued an order granting the Department's request to reconsider
and fully explain Jiheng's hydrogen gas, sulfuric acid, and chlorine
gas by-products offsets. See Arch Chemicals, Inc. and Hebei Jiheng
Chemicals, Co., Ltd. v. United States, Consol. Court No. 08-00040
(April 22, 2010) (``Arch Chemicals II''). On June 21, 2010, the
Department filed the results of its voluntary remand redetermination.
On April 15, 2011, while affirming other aspects of the
Department's remand redetermination in Arch Chemicals II, the Court
found that Jiheng was not entitled to an offset for chlorine gas
discharged during liquefaction because this portion of chlorine gas was
not attributable to subject merchandise production. In Arch Chemicals
III, the Court remanded the proceeding to the Department to eliminate
the by-product offset for this portion of chlorine gas and to
recalculate the antidumping margin for Jiheng accordingly.
On July 15, 2011, in the Department's final remand redetermination
pursuant to Arch Chemicals III, and in response to the Court's ruling,
the Department removed the quantity of chlorine gas discharged as a
result of the liquefaction process of purified chlorine during the
chlor-alkali stage of production from Jiheng's by-product offset.
Timken Notice
In its decision in Timken, 893 F.2d at 341, as clarified by Diamond
Sawblades, the CAFC has held that, pursuant to section 516A(e) of the
Tariff Act of 1930, as amended (the ``Act''), the Department must
publish a notice of a court decision that is not ``in harmony'' with a
Department determination and must suspend liquidation of entries
pending a ``conclusive'' court decision. The CIT's decision in Arch
Chemicals III, issued on September 13, 2011, constitutes a final
decision of that Court that is not in harmony with the Department's
Final Results and Amended Final Results. This notice is published in
fulfillment of the publication requirements of Timken. Accordingly, the
Department will continue the suspension of liquidation of all enjoined
entries, pending the expiration of the period of appeal or, if
appealed, pending a final and conclusive court decision. The cash
deposit rate will remain the company-specific rate established for the
subsequent and most recent period during which the respondent was
reviewed. See Chlorinated Isocyanurates from the People's Republic of
China: Final Results of 2008-2009 Antidumping Duty Administrative
Review, 75 FR 70212 (November 17, 2010), as amended, 75 FR 76699
(December 9, 2010).
Amended Final Results
Because there is now a final court decision, we are amending the
Final Results to reflect the results of the Arch Chemicals III
litigation. The revised dumping margin is:
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Percent
Exporter margin
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Hebei Jiheng Chemicals, Co., Ltd........................... 9.19
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In the event the CIT's ruling is not appealed or, if appealed,
upheld by the CAFC, the Department will instruct U.S. Customs and
Border Protection to assess antidumping duties on entries of the
subject merchandise during the POR from Jiheng on the revised
assessment rate calculated by the Department.
This notice is issued and published in accordance with sections
516A(c)(1), 516A(e), and 777(i)(1) of the Act.
Dated: September 30, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-26213 Filed 10-7-11; 8:45 am]
BILLING CODE 3510-DS-P