[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Notices]
[Pages 17502-17503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07002]
[[Page 17502]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-814]
Chlorinated Isocyanurates from Spain: Preliminary No Shipments
Determination of Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, formerly 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 Spain.\1\ The period of review
(POR) is June 1, 2012, through May 31, 2013. The review covers one
producer/exporter of the subject merchandise, Ercros S.A. We
preliminarily determine that Ercros S.A. had no shipments of subject
merchandise during the POR. Interested parties are invited to comment
on these preliminary results.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
46566 (August 1, 2013).
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DATES: Effective Date: March 28, 2014.
FOR FURTHER INFORMATION CONTACT: Sean Cary or Gene Calvert, 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; telephone: (202) 482-
3964 or (202) 482-3586, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by the order are 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). The tariff
classification 2933.69.6015 covers sodium dichloroisocyanurates
(anhydrous and dihydrate forms) and trichloroisocyanuric acid. The
tariff classifications 2933.69.6021 and 2933.69.6050 represent basket
categories that include chlorinated isocyanurates and other compounds
including an unfused triazine ring. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the scope of the order is dispositive.
Preliminary Determination of No Shipments
The Department published in the Federal Register a notice of
initiation of this administrative review of the antidumping duty order
on chlorinated isos from Spain covering one company, Ercros S.A.\2\ The
Department received a timely submission from Ercros S.A. reporting to
the Department that it did not sell or export the subject merchandise
to the United States during the POR.\3\ On December 17, 2013, we
transmitted a ``No-Shipment Inquiry'' to U.S. Customs and Border
Protection (CBP) regarding this company. Pursuant to this inquiry, the
Department received no notification from CBP of entries of subject
merchandise from Ercros S.A. within the ten-day deadline. Accordingly,
based on record evidence, we preliminarily determine that Ercros S.A.
had no shipments of subject merchandise during the POR. Consistent with
our practice, the Department finds that it is not appropriate to
rescind the review with respect to Ercros S.A., but rather to complete
the review with respect to Ercros S.A. and issue appropriate
instructions to CBP based on the final results of this review.\4\
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\2\ See id.
\3\ See Ercros S.A.'s letter entitled ``Certification of No
Shipments and Request to Rescind Review, dated September 13, 2013.
\4\ See, e.g., Magnesium Metal From the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010) (collectively, Magnesium
Metal From the Russian Federation).
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Public Comment
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\
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\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).
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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 Enforcement and
Compliance, U.S. Department of Commerce. All documents must be filed
electronically using IA ACCESS.\8\ An electronically-filed request must
be received successfully in its entirety by IA ACCESS by 5:00 p.m.
Eastern Standard 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. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230, at a time and date to be determined. Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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\8\ IA ACCESS is available at https://iaaccess.trade.gov.
\9\ See 19 CFR 351.310(c).
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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.
Assessment Rates
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003.\10\ This clarification will apply to entries of subject
merchandise during the POR produced by Ercros for which this company
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. Further, instead of
rescinding the review with respect to Ercros S.A., we find it
appropriate to complete the review and issue liquidation instruction to
CBP concerning entries for Ercros S.A. following issuance of the final
results of review. If we continue to find that Ercros S.A. had no
shipments of subject merchandise in the final results, we will instruct
CBP to liquidate any existing entries of merchandise produced by
[[Page 17503]]
Ercros S.A., but exported by other parties at the rate for the
intermediate reseller, if available, or at the all-others rate.\11\
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\10\ For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
\11\ See, e.g., Magnesium Metal From the Russian Federation.
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We intend to issue instructions to CBP 15 days after the
publication date of the final results of this review.
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) The cash deposit rate for Ercros S.A. will
remain unchanged from the rate assigned to the company in the most
recently completed review of that company; (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
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
investigation.\12\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\12\ See Chlorinated Isocyanurates From Spain: Notice of Final
Determination of Sales at Less Than Fair Value, 70 FR 24506 (May 10,
2005).
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Notification to Importers
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 this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: March 19, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-07002 Filed 3-27-14; 8:45 am]
BILLING CODE 3510-DS-P