[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Notices]
[Pages 41367-41369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16579]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-814]
Chlorinated Isocyanurates From Spain: Preliminary Results of
Antidumping Duty Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
SUMMARY: In response to a request by a Ercros S.A. (Ercros),\1\ the
Department of Commerce (the Department) is conducting an administrative
review of the antidumping duty order on chlorinated isocyanurates
(chlorinated isos) from Spain.\2\ The period of review is June 1, 2011,
to May 31, 2012. We preliminarily determine that Ercros did not make
sales below normal value (NV). The preliminary results are listed below
in the section titled ``Preliminary Results of Review.''
---------------------------------------------------------------------------
\1\ Ercros formerly exported the subject merchandise through its
100%-owned subsidiary Aragonesas Industrias y Energia S.A.
(Aragonesas). In 2010, Aragonesas was merged with Ercros.
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 77 FR
45338 (July 31, 2012).
---------------------------------------------------------------------------
DATES: Effective Date: July 10, 2013.
FOR FURTHER INFORMATION CONTACT: Sean Carey or Dana Mermelstein at
(202) 482-3964, or (202) 482-1391, respectively; AD/CVD Operations,
Office 6, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order is chlorinated isocyanurates.
Chlorinated isocyanurates are derivatives of cynauric acid, described
as chlorinated s-triazine triones. There are three primary chemical
compositions of chlorinated isocyanurates: (1) trichloroisocyanuric
acid (Cl3(NCO)3), (2) sodium dichloroisocyanurate (dihydrate)
(NaCl2(NCO)3 2H2O), and (3) sodium dichloroisocyanurate (anhydrous)
(NaCl2(NCO)3). Chlorinated isocyanurates are available in powder,
granular, and tableted forms. The order covers all chlorinated
isocyanurates. Chlorinated isocyanurates are currently classifiable
under subheadings 2933.69.6015, 2933.69.6021, and 2933.69.6050 of the
Harmonized Tariff Schedule of the United States (HTSUS). A full
description of the scope of the
[[Page 41368]]
order is contained in the memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for Import Administration,
``Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative Review: Chlorinated Isocyanurates from Spain; 2011-
2012'' (Preliminary Decision Memorandum), which is issued concurrent
with and hereby adopted by this notice.\3\
---------------------------------------------------------------------------
\3\ 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). Access to IA ACCESS is available to registered users at
http://iaaccess.trade.gov and is available to all parties 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.
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price
is calculated in accordance with section 772 of the Act. NV is
calculated in accordance with section 773 of the Act. To determine the
appropriate comparison method, the Department applied a ``differential
pricing'' analysis and has preliminarily determined to use the average-
to-average method in making comparisons of export price and NV for
Ercros. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
Preliminary Determination of Successor-In-Interest
On August 27, 2012, and March 22, 2013, the Department issued its
antidumping duty questionnaire and supplemental questionnaire to
Ercros, requesting copies of agreements and other documents associated
with the merger and any related changes in the corporate structure of
Aragonesas when it was merged into Ercros by absorption on May 25,
2010. We found the information contained in Ercros' responses
sufficient to warrant a successor-in-interest analysis within the
context of the instant administrative review. We have preliminarily
found Ercros to be the successor-in-interest to Aragonesas. For the
full successor-in-interest analysis and our conclusions, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
On June 14, 2013, the petitioners Clearon Corp. and Occidental
Chemical Corporation filed comments arguing that Ercros' U.S. sales are
not bona fide sales. Ercros submitted information regarding this issue
on June 20, 2013. The Department had insufficient time to analyze these
comments and the underlying data by the July 2, 2013 deadline for
issuing the preliminary results. Therefore, in accordance with 19 CFR
351.309(c)(2), parties must present all arguments as it relates to this
issue in their case briefs, if they deem them to be relevant to the
Secretary's final determination.
As a result of this review, we preliminarily determine that the
weighted-average dumping margins for the period June 1, 2011, through
May 31, 2012, are as follows:
------------------------------------------------------------------------
Weighted-average
Manufacturer/exporter dumping margin
(percent)
------------------------------------------------------------------------
Ercros............................................ 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose to interested parties the calculations
performed in connection with these preliminary results within five days
of the date of publication of this notice.\4\ Pursuant to 19 CFR
351.309(c), interested parties may submit cases briefs no later than 30
days after the date of publication of this notice.\5\ 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\ Parties who
submit case briefs or rebuttal briefs in this proceeding are encouraged
to submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\7\ Case and
rebuttal briefs should be filed using IA ACCESS.\8\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.224(b).
\5\ See 19 CFR 351.309(c)(ii).
\6\ See 19 CFR 351.309(d).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
\8\ See 19 CFR 351.303.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
filed electronically via IA ACCESS. The Department's electronic records
system, IA ACCESS, must successfully receive an electronically-filed
document in its entirety by 5 p.m. Eastern Daylight Time within 30 days
after the date of publication of this notice.\9\ 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. The Department will issue the final results of
this administrative review, including the results of its analysis of
the issues raised in any written briefs, not later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, the Department shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries in accordance with 19 CFR 351.212(b)(1). We intend to issue
instructions to CBP 15 days after the date of publication of the final
results of this review.
If Ercros' weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.5 percent) in the final results of this
review, we will calculate importer-specific assessment rates on the
basis of the ratio of the total amount of dumping calculated for the
importer's examined sales and the total entered value of the sales in
accordance with 19 CFR 351.212(b)(1). Where either a respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\10\ This clarification will apply to entries of subject
merchandise during the period of review produced by Ercros for which
these companies did not know that the merchandise was destined for the
United States. In such instances, we 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.
---------------------------------------------------------------------------
\10\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1)
[[Page 41369]]
The cash deposit rate for Ercros will be equal to the weighted-average
dumping margin established in the final results of this review, except
if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1),
in which case the cash deposit rate will be zero; (2) for other
manufacturers and exporters covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding in which that manufacturer or exporter participated; (3) if
the exporter is not a firm covered in this review, a prior review, or
the original less-than-fair-value (LTFV) investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recently completed segment of this proceeding for the
manufacturer of subject 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 LTFV investigation.\11\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\11\ See Chlorinated Isocyanurates From Spain: Notice of Final
Determination of Sales at Less Than Fair Value, 70 FR 24506 (May 10,
2005).
---------------------------------------------------------------------------
Notification
This notice also serves as a preliminary 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 Secretary'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.
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
4. Successor-In-Interest
5. Comparisons to Normal Value
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
6. Product Comparisons
7. Date of Sale
8. Export Price
9. Normal Value
A. Home Market Viability as Comparison Market
B. Level of Trade
C. Cost of Production Analysis
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of the Cost of Production Test
D. Calculation of Normal Value Based on Home Market Prices
10. Currency Conversion
[FR Doc. 2013-16579 Filed 7-9-13; 8:45 am]
BILLING CODE 3510-DS-P