[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Notices]
[Pages 72633-72635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28945]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-814]
Chlorinated Isocyanurates From Spain: Final Results of
Antidumping Duty Administrative Review; 2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, U.S. Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') published its
preliminary results of the administrative review of the antidumping
duty order on chlorinated isocyanurates (chlorinated isos) from
Spain.\1\ The period of review (``POR'') is June 1, 2011, through May
31, 2012. We gave interested parties an opportunity to
[[Page 72634]]
comment on the Preliminary Results. Based upon our analysis of the
comments received, we made no changes to the margin calculations for
these final results and continue to determine that Ercros S.A. (Ercros)
\2\ did not make sales below normal value. The final dumping margin is
listed below in the ``Final Results of Review'' section of this notice.
---------------------------------------------------------------------------
\1\ See Chlorinated Isocyanurates from Spain: Preliminary
Results of the Antidumping Duty Administrative Review; 2011-12, 78
FR 41367 (July 10, 2013) (``Preliminary Results'')
\2\ Ercros formerly exported the subject merchandise through its
100 percent-owned subsidiary Aragonesas Industrias y Energia S.A.
(Aragonesas). In 2010, Aragonesas was merged with Ercros.
---------------------------------------------------------------------------
DATES: Effective Date: December 3, 2013.
FOR FURTHER INFORMATION CONTACT: Sean Carey or Gene Calvert at (202)
482-3964, or (202) 482-3586, respectively; AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On July 10, 2013, the Department published the Preliminary
Results.\3\ On August 9, 2013, Ercros submitted a written request to
reserve its right to participate in a hearing if Clearon Corp. and
Occidental Chemical Corporation, the petitioners, requested one.
Petitioners made no request for a hearing.
---------------------------------------------------------------------------
\3\ See Preliminary Results.
---------------------------------------------------------------------------
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\4\ Therefore, all
deadlines in this segment of the proceeding have been extended by 16
days. If the new deadline falls on a non-business day, in accordance
with the Department's practice, the deadline will become the next
business day. The revised deadline for the final results of this review
is now November 25, 2013.
---------------------------------------------------------------------------
\4\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for the Enforcement and Compliance, ``Deadlines Affected
by the Shutdown of the Federal Government'' (October 18, 2013).
---------------------------------------------------------------------------
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 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 Final Results of
Antidumping Duty Administrative Review: Chlorinated Isocyanurates from
Spain; 2011-2012'' (``Issues and Decision Memorandum''), which is
issued concurrent with and hereby adopted by this notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the Issues and Decision Memorandum. A list of the issues
which parties raised is attached to this notice as an Appendix. The
Issues and Decision Memorandum is a public document and is on file in
the Central Records Unit (``CRU''), Room 7046 of the main Department of
Commerce building, as well as electronically via Enforcement and
Compliance'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 CRU. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly on the internet at http://www.trade.gov/enforcement. The
signed Issues and Decision Memorandum and the electronic versions of
the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we have made no
changes to our calculations. Therefore, the final results do not differ
from the preliminary results.\5\
---------------------------------------------------------------------------
\5\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Final Results of Review
We determine that Ercros' weighted-average dumping margin is de
minimis (i.e., less than 0.5 percent) for entries of subject
merchandise that were produced and/or exported by Ercros and that
entered, or were withdrawn from warehouse, for consumption during the
period June 1, 2011, through May 31, 2012.
Assessment Rates
Pursuant to 19 CFR 351.212(b)(1), the Department shall determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries in accordance with the final results
of this review. The Department intends to issue appropriate assessment
instructions for the respondent subject to this review directly to CBP
15 days after the date of publication of the final results of this
review. Since Ercros' weighted-average dumping margin 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.\6\ 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 un-
reviewed entries at the all-others rate during the POR if there is no
rate for the intermediate company(ies) involved in the transaction. See
Assessment Policy Notice for a full discussion of this clarification.
---------------------------------------------------------------------------
\6\ For a full discussion of this clarification, see Antidumping
and Countervailing Duty Proceedings: Assessment of Antidumping
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice).
---------------------------------------------------------------------------
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 Tariff Act of 1930, as amended (``the Act''): (1)
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
[[Page 72635]]
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.\7\ These deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\7\ See Chlorinated Isocyanurates From Spain: Notice of Final
Determination of Sales at Less Than Fair Value, 70 FR 24506 (May 10,
2005).
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a final 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.
This administrative review and notice are published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: November 25, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
1. Whether Ercros Sales Were Bona Fide
2. Adjustment to U.S. Prices for U.S. Duty Costs
3. Distinction Between Sales to Distributors and Industrial Users
[FR Doc. 2013-28945 Filed 12-2-13; 8:45 am]
BILLING CODE 3510-DS-P