[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Notices]
[Pages 4539-4541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01604]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-898]
Chlorinated Isocyanurates From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, Department of Commerce.
SUMMARY: On July 25, 2014, the Department of Commerce (the Department)
published its Preliminary Results of the administrative review of the
antidumping duty order on chlorinated isocyanurates (chloro isos) from
the People's Republic of China (PRC).\1\ The period of review (POR) is
June 1, 2012, through May 31, 2013. This 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 invited parties to comment on our Preliminary Results.
Based on our analysis of the comments received, we made certain changes
to our margin calculations for Jiheng and Kangtai. The final dumping
margins for this review are listed in the ``Final Results'' section
below.
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\1\ See Chlorinated Isocyanurates From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review; 2012-2013, 79 FR 43391 (July 25, 2014) (Preliminary
Results).
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DATES: Effective Date: January 28, 2015.
FOR FURTHER INFORMATION CONTACT: Sean Cary, 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) 482-0176,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2014, the Department published its Preliminary Results.
On July 30, 2014, the Department extended the deadline for the filing
of case and rebuttal briefs.\2\ On September 8 and 9,
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2014, Clearon Corporation and Occidental Chemical Corporation
(collectively, Petitioners), Jiheng, and Kangtai each submitted a case
brief.\3\ On September 18 and 19, 2014, Petitioners, Jiheng, and
Kangtai each submitted a rebuttal brief.\4\
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\2\ See Memorandum to the File, ``2012-2013 Administrative
Review of the Antidumping Duty Order on Chlorinated Isocyanurates
From the People's Republic of China: Phone Call with Counsel for
Kangtai,'' (July 30, 2014), denying Kangtai's request for an
additional questionnaire and directing interested parties to address
this issue in their briefs.
\3\ See ``Eighth Administrative Review of the Antidumping Order
on Chlorinated Isocyanurates From the People's Republic of China:
Case Brief of Clearon Corp. and Occidental Chemical Corporation,''
(September 8, 2014) (Petitioners' Case Brief); ``Chlorinated
Isocyanurates From the People's Republic of China (8th
Administrative Review): Case Brief,'' (September 8, 2014) (Jiheng's
Case Brief); and, ``Certain Chlorinated Isocyanurates From the
People's Republic of China Case Brief,'' (September 9,
2014)(Kangtai's Case Brief).
\4\ See ``Rebuttal Brief in the Administrative Review on
Chlorinated Isocyanurates From the People's Republic of China,''
(September 18, 2014)(Petitioners' Rebuttal Brief); ``Chlorinated
Isocyanurates From the People's Republic of China (8th
Administrative Review): Rebuttal Brief,'' (September 17,
2014)(Jiheng's Rebuttal Brief); and, ``Chlorinated Isocyanurates
From the People's Republic of China Rebuttal Brief,'' (September 17,
2014)(Kangtai's Rebuttal Brief).
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On August 25, 2014, Kangtai submitted a hearing request to address
issues raised in their case and rebuttal briefs. On October 16, 2014,
the Department extended the deadline for the final results in this
administrative review until December 22, 2014.\5\ On December 8, 2014,
we fully extended the deadline for these final results until January
21, 2015.\6\ We held a public hearing on December 4, 2014.\7\
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\5\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Chlorinated Isocyanurates From the People's Republic of China:
Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' (October 16, 2014).
\6\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Chlorinated Isocyanurates From the People's Republic of China:
Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' (December 8, 2014).
\7\ See Hearing Transcript, ``Public Hearing in the Matter of:
Administrative Review Under the Antidumping Duty Order on
Chlorinated Isocyanurates From the People's Republic of China,''
(December 15, 2014).
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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. 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.\8\
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\8\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Decision Memorandum for the Final
Results of Antidumping Duty Administrative Review: Chlorinated
Isocyanurates From the People's Republic of China; 2012-2013,''
issued concurrently with this notice (Issues and Decision
Memorandum) for a complete description of the scope of the Order.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice. A list of the issues that
parties raised and to which we responded in the Issues and Decision
Memorandum follows as an appendix to this notice. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (``ACCESS'').\9\ ACCESS is
available to registered users at http://access.trade.gov and to all
parties in the Central Records Unit, room 7046 of the main Department
of Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the Internet at http://trade.gov/enforcement/frn/index.html. The paper copy and electronic
version of the Issues and Decision Memorandum are identical in content.
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\9\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from http://iaaccess.trade.gov to http://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
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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
revisions to the margin calculations for Jiheng and Kangtai.\10\
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\10\ See Issues and Decision Memorandum.
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Separate Rates
In our Preliminary Results, we determined that Arch China, Heze,
and Zhucheng each demonstrated their eligibility for separate rates
status.\11\ We have not received any information since the issuance of
the Preliminary Results that provides a basis for reconsideration of
this determination. Therefore, the Department continues to find that
Arch China, Heze, and Zhucheng are each eligible for separate rate
status.
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\11\ See Memorandum to Paul Piquado, Assistant Secretary for
Import Administration, ``Decision Memorandum for the Preliminary
Results of the 2011-2012 Antidumping Duty Administrative Review:
Chlorinated Isocyanurates From the People's Republic of China,''
(July 17, 2014) at 3-6.
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Final Results
We determine that the following weighted-average dumping margins
exist for the POR:
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Weighted-average
Exporter dumping margin
(percentage)
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Arch Chemicals (China) Co. Ltd.*.................. 53.15
Hebei Jiheng Chemical Co., Ltd.................... 0.00
Juancheng Kangtai Chemical Co., Ltd............... 0.00
Heze Huayi Chemical Co. Ltd.*..................... 53.15
Zhucheng Taisheng Chemical Co., Ltd.*............. 53.15
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* For these final results, we determine that the application of the
separate rate from the Seventh Review to the non-examined separate
rate respondents is consistent with our past practice and a reasonable
method to determine the separate rate in the instant review because
both of our mandatory respondents received zero margins and none of
the separate rate companies has its own calculated rate from the
segment immediately prior to the instant segment. Pursuant to this
method, we are assigning the rate of 53.15 percent to the non-examined
separate rate respondents in the instant review.\12\
Assessment Rates
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\12\ See Chlorinated Isocyanurates from the People's Republic of
China; 2011-2012; Final Results of Antidumping Duty Administrative
Review, 79 FR 4875, 4876 (January 30, 2014) (Seventh Review).
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The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. The Department intends to issue
assessment instructions to CBP 15 days after the publication date of
these final results of this review. In accordance with 19 CFR
351.212(b)(1), we are calculating importer- (or customer-) specific
assessment rates for the merchandise subject to this review. For any
individually examined respondent whose weighted-average dumping margin
is above de minimis (i.e., 0.50 percent), the Department 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 sales.\13\ We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review when the importer-specific assessment rate is above de
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minimis. Where either the 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.
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\13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
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The Department announced a refinement to its assessment practice in
non-market economy (NME) cases. 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 NME-wide rate. In addition, 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 NME-wide rate. For a
full discussion of this practice, see Assessment in NME Antidumping
Proceedings.\14\
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\14\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment in
NME Antidumping Proceedings).
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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
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended
(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 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; \15\ 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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\15\ 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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Disclosure
We will disclose the calculations performed regarding these final
results within five days of the date of publication of this notice in
this proceeding in accordance with 19 CFR 351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and that subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305, which continues to govern business proprietary information in
this segment of the proceeding. Timely written notification of the
return or destruction of APO materials, or conversion to judicial
protective order, is hereby requested. Failure to comply with the
regulations and terms of an APO is a violation which is subject to
sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: January 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Comment 1: Selection of Surrogate Country
Comment 2: Surrogate Value Selection
A. Chlorine
B. Hydrogen
C. Financial Ratios
Comment 3: Whether the Department Is Authorized by Law To Apply the
Alternative Methodology Under Section 777A(d)(1)(B) of the Act to
Annual Reviews
Comment 4: Methodological Issues
A. Value-Added Tax (VAT) Adjustment for Kangtai's and Jiheng's
U.S. Sales
B. Downstream By-Product Offset for Ammonium Sulfate
C. Recalculating Jiheng's Hydrogen By-Product Offset
D. Calculation of Jiheng's Electricity Rates
Comment 5: Ministerial Errors
A. Double-Counting of Chlorine Input
B. Calculation of Jiheng's Market Economy Brokerage and Handling
Charges
C. Double-Counting of Jiheng's Market Economy Brokerage and
Handling Charges in Both Domestic and International Movement
Expenses
[FR Doc. 2015-01604 Filed 1-27-15; 8:45 am]
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