[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Notices]
[Pages 41364-41366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16578]
-----------------------------------------------------------------------
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; 2011-
2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on chlorinated
isocyanurates (chlorinated isos) from the People's Republic of China
(PRC). The period of review (POR) is June 1, 2011, through May 31,
2012. This administrative review covers six producers/exporters of the
subject merchandise: (1) Arch Chemicals (China) Co. Ltd. (Arch China);
(2) Hebei Jiheng Chemical Co., Ltd. and Hebei Jiheng Baikang Chemical
Industry Co., Ltd. (collectively, Jiheng); (3) Heze Huayi Chemical Co.
Ltd. (Heze); (4) Juancheng Kangtai Chemical Co., Ltd. and Juancheng
Ouya Chemical Co., Ltd. (collectively, Kangtai); (5) Sinoacarbon
International Trading Co., Ltd. (Sinoacarbon); and (6) Zhucheng
Taisheng Chemical Co., Ltd. (Zhucheng). Jiheng and Kangtai are the two
producers/exporters being individually examined as mandatory
respondents. We preliminarily determine that Jiheng and Kangtai made
sales in the United States at prices below normal value (NV). We
preliminarily determine that Arch China, Sinoacarbon and Zhucheng have
demonstrated that they are eligible for a separate rate. The Department
is also preliminarily determining that Heze made no shipments during
the POR.
DATES: Effective Date: July 10, 2013.
FOR FURTHER INFORMATION CONTACT: Emily Halle, AD/CVD Operations, Office
6, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0176.
SUPPLEMENTARY INFORMATION:
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.\1\ 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.
---------------------------------------------------------------------------
\1\ For a complete description of the Scope of the Order, see
Memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration, ``Decision Memorandum
for the Preliminary Results of the 2011-2012 Antidumping Duty
Administrative Review: Chlorinated Isocyanurates from the People's
Republic of China,'' dated concurrently with this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Heze timely filed a ``no shipment'' certification stating that it
had no entries of subject merchandise during the POR.\2\ The Department
subsequently confirmed with U.S. Customs and Border Protection (CBP)
the ``no shipment'' claim made by Heze. Based on the certifications by
Heze and our analysis of CBP information, we preliminarily determine
that Heze did not have any reviewable transactions during the POR. In
addition, the Department finds that consistent with its recently
announced refinement to its assessment practice in non-market economy
(NME) cases, further discussed below, it is appropriate not to rescind
the review in part in these circumstances but, rather, to complete the
review with respect to Heze and issue appropriate instructions to CBP
based on the final results of the review.\3\
---------------------------------------------------------------------------
\2\ See Letter from Heze, ``Chlorinated Isocyanurates from the
People's Republic of China: No Sales Certification,'' September 18,
2012.
\3\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (NME
Proceedings); see also ``Assessment Rates'' section below.
---------------------------------------------------------------------------
Methodology
The Department has conducted this 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 the PRC is an NME country within the meaning of section 771(18)
of the Act, NV has been calculated in accordance with section 773(c) of
the Act. Specifically,
[[Page 41365]]
the respondents' factors of production have been valued in the
Philippines, which is economically comparable to the PRC and is a
significant producer of comparable merchandise.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum, which is hereby
adopted by this notice. The Preliminary Decision Memorandum is a public
document and is on file electronically via Import Administration's
Antidumping and Countervailing Duty Centralized Electronic Service
System (IA ACCESS). IA ACCESS is available to registered users at
http://iaaccess.trade.gov and in the Central Records Unit, room 7046 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
on the internet at http://www.trade.gov/ia/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weight-average dumping margin
Exporter percentage
------------------------------------------------------------------------
Arch Chemicals (China) Co. Ltd.*....... 51.12
Hebei Jiheng Chemical Co., Ltd......... 68.49
Juancheng Kangtai Chemical Co., Ltd.... 33.75
Sinoacarbon International Trading Co., 51.12
Ltd.*.
Zhucheng Taisheng Chemical Co., Ltd.*.. 51.12
------------------------------------------------------------------------
* These companies demonstrated eligibility for a separate rate in this
administrative review. The rate for these companies is the simple
average of the calculated antidumping duty rates for Jiheng and
Kangtai.
Disclosure and Public Comment
The Department intends to disclose calculations performed for these
preliminary results to parties within five days of the date of
publication of this notice.\4\ The schedule for filing case briefs will
be provided to parties at a later date. Rebuttal briefs, limited to
issues raised in case briefs, may be filed no later than five days
after the time limit for filing the case briefs, as specified by 19 CFR
351.309(d).
---------------------------------------------------------------------------
\4\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------
Interested parties that wish to request a hearing, or participate
if one is requested, must submit a written request to the Assistant
Secretary for Import Administration, U.S. Department of Commerce, filed
electronically using IA ACCESS. An electronically filed document must
be received successfully in its entirety by the Department's IA ACCESS
by 5:00 p.m. Eastern Standard Time within 30 days after the date of
publication of this notice.\5\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230
---------------------------------------------------------------------------
\5\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
The Department intends to issue the final results of this
administrative review, which will include the results of its analysis
of issues raised in any such comments, within 120 days of publication
of these preliminary results, pursuant to section 751(a)(3)(A) of the
Act unless this deadline is extended.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for
submission of publicly available information to value factors of
production under 19 CFR 351.408(c) is 20 days after the date of
publication of the preliminary results. In accordance with 19 CFR
351.301(c)(1), if an interested party submits factual information less
than ten days before, on, or after (if the Department has extended the
deadline), the applicable deadline for submission of such factual
information, an interested party may submit factual information to
rebut, clarify, or correct the factual information no later than ten
days after such factual information is served on the interested party.
However, the Department generally will not accept in the rebuttal
submission additional or alternative surrogate value information not
previously on the record, if the deadline for submission of surrogate
value information has passed.\6\ Furthermore, the Department generally
will not accept business proprietary information in either the
surrogate value submissions or the rebuttals thereto, as the regulation
regarding the submission of surrogate values allows only for the
submission of publicly available information.\7\
---------------------------------------------------------------------------
\6\ See, e.g., Glycine from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007) and accompanying
Issues and Decision Memorandum at Comment 2.
\7\ See 19 CFR 351.301(c)(3).
---------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review. For assessment purposes, we calculated
importer- (or customer-) specific assessment rates for merchandise
subject to this review.\8\ Where appropriate, we calculated an ad
valorem rate for each importer (or customer) by dividing the total
dumping margins for reviewed sales to that party by the total entered
values associated with those transactions. For duty-assessment rates
calculated on this basis, we will direct CBP to assess the resulting ad
valorem rate against the entered customs values for the subject
merchandise.
---------------------------------------------------------------------------
\8\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------
Where appropriate, we calculated a per-unit rate for each importer
(or customer) by dividing the total dumping margins for reviewed sales
to that party by the total sales quantity associated with those
transactions. For duty-assessment rates calculated on this basis, we
will direct CBP to assess the resulting per-unit rate against the
entered quantity of the subject merchandise. Where an importer- (or
customer-) specific assessment rate is de minimis (i.e., less than 0.50
percent), the Department will instruct CBP to assess that importer (or
customer's) entries of subject merchandise without regard to
antidumping duties. The Department intends to issue appropriate
assessment instructions directly to CBP 15 days after publication of
the final results of this review.
Also, the Department recently announced a refinement to its
assessment practice in NME cases.
[[Page 41366]]
Pursuant to this refinement in practice, for merchandise that was not
reported in the U.S. sales databases 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), the Department will instruct CBP to
liquidate such entries at the NME-wide rate. In addition, if the
Department determines that an exporter under review had no shipments of
the subject merchandise, any suspended entries that entered under that
exporter's case number (i.e., at that exporter's rate) will be
liquidated at the PRC-wide rate.\9\
---------------------------------------------------------------------------
\9\ For a full discussion of this practice, see NME Proceedings.
---------------------------------------------------------------------------
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 the PRC 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 exporter's
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 PRC and non-PRC exporters
not listed above that have separate rates, the cash deposit rate will
continue to be the exporter-specific rate published for the most recent
period; (3) for all PRC exporters of subject merchandise that have not
been found to be eligible for a separate rate, the cash deposit rate
will be the PRC-wide rate of 285.63 percent; \10\ and (4) for all non-
PRC exporters of subject merchandise which have not received their own
rate, the cash deposit rate will be the rate applicable to the PRC
exporter(s) that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\10\ For an explanation on the derivation of the PRC-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).
---------------------------------------------------------------------------
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 duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
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.
Dated: July 2, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
1. Scope of the Order
2. Non-Market Economy Country Status
3. Preliminary Determination of No Shipments
4. Separate Rates
5. Separate Rates for Non-Selected Companies
6. Surrogate Country
7. Date of Sale
8. Fair Value Comparisons
9. Export Price
10. Normal Value
[FR Doc. 2013-16578 Filed 7-9-13; 8:45 am]
BILLING CODE 3510-DS-P