[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Notices]
[Pages 43391-43393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17484]
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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; 2012-
2013
AGENCY: Enforcement and Compliance, 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, 2012, through May 31,
2013. This administrative review covers five producers/exporters: (1)
Arch Chemicals (China) Co. Ltd. (Arch China); (2) Hebei Jiheng Chemical
Co., Ltd.(Jiheng); (3) Heze Huayi Chemical Co. Ltd. (Heze); (4)
Juancheng Kangtai Chemical Co., Ltd. (Kangtai); and (5) 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).
Interested parties are invited to comment on these preliminary results.
DATES: Effective: July 25, 2014.
FOR FURTHER INFORMATION CONTACT: Sean Carey, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
[[Page 43392]]
Washington, DC 20230; telephone: (202) 482-3964.
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.
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\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 Enforcement and Compliance, ``Decision
Memorandum for the Preliminary Results of the 2012-2013 Antidumping
Duty Administrative Review: Chlorinated Isocyanurates from the
People's Republic of China,'' dated concurrently with this notice
(Preliminary Decision Memorandum).
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Methodology
The Department has conducted this administrative 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 a non-market economy
within the meaning of section 771(18) of the Act, normal value has been
calculated in accordance with section 773(c) of the Act. 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 Enforcement and Compliance's centralized
electronic service system (``IA ACCESS''). IA ACCESS is available to
registered users at http://iaaccess.trade.gov and in the Department's
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://enforcement.trade.gov/frn/index.html. 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
Exporter dumping
margin
percentage
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Arch Chemicals (China) Co. Ltd *........................... 21.51
Hebei Jiheng Chemical Co., Ltd............................. 0.00
Juancheng Kangtai Chemical Co., Ltd........................ 43.01
Heze Huayi Chemical Co. Ltd *.............................. 21.51
Zhucheng Taisheng Chemical Co., Ltd *...................... 21.51
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* 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 the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit written comments by no later than 30 days
after the date of publication of these preliminary results of
review.\2\ Rebuttals to written comments may be filed by no later than
five days after the written comments are filed.\3\
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\2\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general
filing requirements).
\3\ See 19 CFR 351.309(d).
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Any interested party may request a hearing within 30 days of
publication of this notice.\4\ 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\
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\4\ See 19 CFR 351.310(c).
\5\ See 19 CFR 351.310(d).
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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.
Assessment Rates
Upon issuing the final results of this new shipper review, the
Department shall determine, and U.S. Customs and Border Protection
(``CBP'') shall assess, antidumping duties on all appropriate entries
covered by this review.\6\ The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of this new shipper review.
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\6\ See 19 CFR 351.212(b)(1).
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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.
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. If 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.\7\ Pursuant to this refinement in
practice, for entries that were not reported in the U.S. sales
databases submitted by companies individually examined during this
review, the Department will instruct CBP to liquidate such entries at
the PRC-wide rate.\8\ Additionally, 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\
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\7\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
\8\ Id.
\9\ Id.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments
[[Page 43393]]
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 existing producer/exporter-specific combination 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.
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\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).
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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 and 19
CFR 351.221(b)(4).
Dated: July 17, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Background
2. Scope of the Order
3. Non-Market Economy Country Status
4. Separate Rates
5. Separate Rates for Non-Selected Companies
6. Surrogate Country
7. Date of Sale
8. Determination of Comparison Method
9. Results of the Differential Pricing Analysis
10. Fair Value Comparisons
11. U.S. Price
12. Value-Added Tax
13. Normal Value
[FR Doc. 2014-17484 Filed 7-24-14; 8:45 am]
BILLING CODE 3510-DS-P