[Federal Register Volume 79, Number 219 (Thursday, November 13, 2014)]
[Notices]
[Pages 67424-67425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26795]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-991]
Chlorinated Isocyanurates From the People's Republic of China:
Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (``Department'') and the International Trade Commission
(``ITC''), the Department is issuing a countervailing duty order on
chlorinated isocyanurates (``Isos'') from the People's Republic of
China (``PRC'').
DATES: Effective Date: November 13, 2014.
FOR FURTHER INFORMATION CONTACT: Paul Walker or Matthew Renkey, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0413 or (202) 482-2312, respectively.
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (``Act''), on September 22, 2014, the Department published its
final determination that countervailable subsidies are being provided
to producers and exporters of Isos from the PRC. See Chlorinated
Isocyanurates from the People's Republic of China: Final Affirmative
Countervailing Duty Determination; 2012, 79 FR 56560 (September 22,
2014) (``Final Determination'').
On November 3, 2014, the ITC notified the Department of its final
determination pursuant to section 705(d) of the Act that an industry in
the United States is threatened with material injury within the meaning
of section 705(b)(1)(A)(ii) of the Act by reason of subsidized imports
of subject merchandise from the PRC. See Chlorinated Isocyanurates from
China and Japan, USITC Investigation Nos. 701-TA-501 and 731-TA-1226
(Final), USITC Publication 4494 (November 2014).
Scope of the Order
The products covered by this order are chlorinated isocyanurates.
Chlorinated isocyanurates are derivatives of cyanuric acid, described
as chlorinated s-triazine triones. There are three primary chemical
compositions of chlorinated isocyanurates: (1) Trichloroisocyanuric
acid (``TCCA'') (Cl3(NCO)3), (2) sodium
dichloroisocyanurate (dihydrate) (NaCl2(NCO)3 X
2H2O), and (3) sodium dichloroisocyanurate (anhydrous)
(NaCl2(NCO)3). Chlorinated isocyanurates are
available in powder, granular and solid (e.g., tablet or stick) forms.
Chlorinated isocyanurates are currently classifiable under
subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.50.4000,
3808.94.5000, and 3808.99.9500 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.
The tariff classifications 3808.50.4000, 3808.94.5000 and 3808.99.9500
cover disinfectants that include chlorinated isocyanurates. The HTSUS
subheadings are provided for convenience and customs purposes. The
written description of the scope of this order is dispositive.
Countervailing Duty Order
In accordance with sections 705(b)(1)(A)(ii) and 705(d) of the Act,
the ITC has notified the Department of its final determination that the
industry in the United States producing Isos is threatened with
material injury by reason of subsidized imports of drawn sinks from the
PRC. Therefore, in accordance with section 705(c)(2) of the Act, we are
publishing this countervailing duty order.
According to section 706(b)(2) of the Act, countervailing duties
shall be assessed on subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
ITC's notice of final determination if that determination is based upon
the threat of material injury. Section 706(b)(1) of the Act states,
``{i{time} f the Commission, in its final determination under section
705(b), finds material injury or threat of material injury which, but
for the suspension of liquidation under section 703(d)(2), would have
led to a finding of material injury, then entries of the merchandise
subject to the countervailing duty order, the liquidation of which has
been suspended under section 703(d)(2), shall be subject to the
imposition of countervailing duties under section 701(a).'' In
addition, section 706(b)(2) of the Act requires U.S. Customs and Border
Protection (``CBP'') to refund any cash deposits or bonds of estimated
countervailing duties posted before the date of publication of the
ITC's final affirmative determination, if the ITC's final determination
is based on threat other than the threat described in section 706(b)(1)
of the Act. Because the ITC's final determination in this case is based
on the threat of material injury and is not accompanied by a finding
that injury would have resulted but for the imposition of suspension of
liquidation of entries since the publication of the Department's
Preliminary Determination in the Federal Register,\1\ section 706(b)(2)
of the Act applies.
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\1\ See Countervailing Duty Investigation of Chlorinated
Isocyanurates from the People's Republic of China: Preliminary
Determination and Alignment of Final Determination with Final
Antidumping Determination, 79 FR 10097 (February 24, 2014)
(``Preliminary Determination'').
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Suspension of Liquidation
As a result of the ITC's determination and in accordance with
section 706(a)(1) of the Act, the Department will direct CBP to assess,
upon further instruction by the Department, countervailing duties equal
to the amount of the net countervailable subsidy for all relevant
entries of Isos from the PRC. The Department instructed CBP to
discontinue the suspension of liquidation on June 24, 2014, in
accordance with section 703(d) of the Act. Section 703(d) states that
the suspension of liquidation pursuant to a preliminary determination
may not remain in effect for more than four months. Entries of Isos
from the PRC made on or after June 24, 2014, and prior to the date of
publication of the ITC's final determination in the Federal Register
are not liable for the assessment of countervailing duties because of
the Department's discontinuation, effective June 24, 2014, of the
suspension of liquidation.
In accordance with section 706 of the Act, the Department will
direct CBP to reinstitute suspension of liquidation,
[[Page 67425]]
effective on the date of publication of the ITC's notice of final
determination in the Federal Register, and to require a cash deposit
for each entry of subject merchandise in an amount equal to the net
countervailable subsidy rates listed below. The all others rate applies
to all producers and exporters of subject merchandise not specifically
listed.
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Company Subsidy rate
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Hebei Jiheng Chemicals Co., Ltd......................... 20.06
Juancheng Kangtai Chemical Co., Ltd..................... 1.55
All Others.............................................. 10.81
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Termination of the Suspension of Liquidation
The Department will instruct CBP to terminate the suspension of
liquidation for entries of Isos from the PRC, entered or withdrawn from
warehouse, for consumption prior to the publication of the ITC's notice
of final determination. The Department will also instruct CBP to refund
any cash deposits made and release any bonds with respect to entries of
Isos entered, or withdrawn from warehouse, for consumption on or after
February 24, 2014 (i.e., the date of publication of the Preliminary
Determination), but before June 24, 2014 (i.e., the date suspension of
liquidation was discontinued in accordance with section 703(d) of the
Act).
This notice constitutes the countervailing duty order with respect
to Isos from the PRC, pursuant to section 706(a) of the Act. Interested
parties may contact the Department's Central Records Unit, Room 7046 of
the main Commerce Building, for copies of an updated list of
countervailing duty orders currently in effect.
This order is issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: November 5, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-26795 Filed 11-12-14; 8:45 am]
BILLING CODE 3510-DS-P