[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Notices]
[Pages 85927-85928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28702]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-814 and A-570-898]
Chlorinated Isocyanurates From Spain and the People's Republic of
China: Continuation of the Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) and the
International Trade Commission (the ITC) have determined that
revocation of the antidumping duty (AD) orders on chlorinated
isocyanurates (chlorinated isos) from Spain and the People's Republic
of China (PRC) would likely lead to continuation or recurrence of
dumping and material injury to an industry in the United States.
Therefore, the Department is publishing a notice of continuation for
these AD orders.
DATES: Effective November 29, 2016.
FOR FURTHER INFORMATION CONTACT: Chien-Min Yang or Jacqueline
Arrowsmith, AD/CVD Operations, Office VII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5484 or (202) 482-5255, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the antidumping duty orders on chlorinated
isos from Spain and the PRC on June 24, 2005.\1\ On September 1, 2015,
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act), the Department initiated sunset reviews of the antidumping duty
orders on chlorinated isos from Spain and the PRC.\2\ On September 11,
2015, the Department received a notice of intent to participate from
Clearon Corporation (Clearon), Occidental Chemical Corporation
(OxyChem), and Bio-Lab, Inc. (Bio-Lab), (collectively, the
petitioners), within the deadline specified in 19 CFR 351.218(d)(1)(i).
Petitioners are manufacturers of a domestic like product in the United
States and, accordingly, are domestic interested parties pursuant to
section 771(9)(C) of the Act.
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\1\ See Chlorinated Isocyanurates from Spain: Notice of
Antidumping Duty Order, 70 FR 36562 (June 24, 2005). (``Spain
Order''); see also Notice of Antidumping Duty Order: Chlorinated
Isocyanurates from the People's Republic of China, 70 FR 36561 (June
24, 2005) (``PRC Order'').
\2\ See Initiation of Five-Year (``Sunset'') Review, 78 FR 60253
(October 1, 2013).
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On October 1, 2015, the Department received an adequate substantive
response to the notice of initiation from the domestic interested
parties within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i). The Department did not receive any responses from the
respondent interested parties, i.e., chlorinated isos producers and
exporters from Spain or the PRC. On the basis of the notice of intent
to participate and adequate substantive response filed by the
petitioners and the inadequate response from any respondent interested
party, the Department conducted expedited sunset reviews of these
orders pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C).
As a result of its reviews, the Department determined that
revocation of the AD orders from Spain and the PRC would likely lead to
continuation or recurrence of the dumping. Therefore, the Department
notified the ITC of the magnitude of the margins likely to prevail
should the orders be revoked, pursuant to sections 751(c)(1) and 752(b)
and (c) of the Act.\3\
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\3\ See Chlorinated Isocyanurates From Spain and the People's
Republic of China: Final Results of the Expedited Sunset Reviews of
the Antidumping Duty Orders, 81 FR 461, (January 6, 2016).
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On November 22, 2016, the ITC published its determination that
revocation of the AD orders on chlorinated isos from Spain and the PRC
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable time,
pursuant to section 751(c) of the Act.\4\
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\4\ See Chlorinated Isocynurates from China and Spain;
Determinations, 81 FR 83871 (November 22, 2016).
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Scope of the Orders
The products covered by the orders are chlorinated isos, which are
derivatives of cyanuric acid, described as chlorinated s-triazine
triones. There are three primary chemical compositions of chlorinated
isos: (1) Trichloroisocyanuric acid (Cl3(NCO)3),
(2) sodium dichloroisocyanurate (dehydrate) (NaCl2
(NCO)3(2H2O), and (3) sodium dichloroisocyanurate
(anhydrous) (Nacl2(NCO)3). The orders cover all
chlorinated isos. Chlorinated isos are currently classifiable under
subheadings 2933.69.6015, 2933.69.021, 2933.69.6050, 3808.40.5000,
3808.50.4000 and 3808.94.5000 of the Harmonized Tariff Schedule of the
United States (``HTSUS''). The tariff classification 2933.69.6015
covers sodium cichloroisocyanurates (anhydrous and dehydrate forms) and
trichloroisocyanuric acid. The tariff classifications 2933.69.6021 and
2933.69.6050 represent basket categories that include chlorinated isos
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 this order is dispositive.
Continuation of the Orders
As a result of the determinations by the Department and the ITC
that revocation of the AD orders would likely lead to a continuation or
recurrence of dumping and material injury to an industry in the United
States, pursuant to section 75l(d)(2) of the Act and 19 CFR 351.218(a),
the
[[Page 85928]]
Department hereby orders the continuation of the AD orders on
chlorinated isocyanurates from Spain and the PRC. U.S. Customs and
Border Protection will continue to collect AD cash deposits at the
rates in effect at the time of entry for all imports of subject
merchandise.
The effective date of the continuation of the AD orders will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), the Department intends to initiate the next five-year
review of these orders not later than 30 days prior to the fifth
anniversary of the effective date of this continuation notice.
These five-year sunset reviews and this notice are in accordance
with section 751(c) and 751(d)(2) of the Act and published pursuant to
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
This five-year (sunset) review and notice are in accordance with
section 751(c) and published pursuant to 777(i) of the Act, and 19 CFR
351.218(f)(4).
Dated: November 23, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-28702 Filed 11-28-16; 8:45 am]
BILLING CODE 3510-DS-P