[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Notices]
[Pages 5243-5246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02315]
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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; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 28, 2017, the Department of Commerce (Commerce)
published its Preliminary Results of the
[[Page 5244]]
administrative review of the antidumping duty order on chlorinated
isocyanurates from the People's Republic of China (China). The period
of review (POR) is June 1, 2015, through May 31, 2016. This
administrative review covers three producers/exporters: (1) Heze Huayi
Chemical Co. Ltd. (Heze Huayi); (2) Hebei Jiheng Chemical Co. Ltd.
(Jiheng); and (3) Juancheng Kangtai Chemical Co. Ltd. (Kangtai). We
invited parties to comment on our Preliminary Results. Based on our
analysis of comments received, we made no changes to our margin
calculations. The final dumping margins for this review are listed in
the ``Final Results'' section below.
DATES: Applicable February 6, 2018.
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,
Washington, DC 20230; telephone: (202) 482-3964.
Background
These final results of administrative review cover three producer/
exporters of the subject merchandise: (1) Heze Huayi; (2) Jiheng; and
(3) Kangtai. We determine that Heze Huayi and Kangtai have demonstrated
their eligibility for a separate rate, and have made sales in the
United States at prices below normal value (NV). With respect to
Jiheng, we continue to treat this company as part of the China-wide
entity because it has not demonstrated its eligibility for a separate
rate.
On July 28, 2017, Commerce published its Preliminary Results.\1\
From September 26 through September 29, 2017, Commerce verified the
questionnaire responses of Kangtai.\2\ On November 21, 2017, Commerce
fully extended the deadline for the final results until January 24,
2018.\3\
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\1\ See Chlorinated Isocyanurates from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review; 2015-2016, 82 FR 35183 (July 28, 2017) (Preliminary
Results).
\2\ See Memorandum, ``Verification of the Questionnaire
Responses of Juancheng Kangtai Chemical Co., Ltd. in the Antidumping
Review of Chlorinated Isocyanurates from the People's Republic of
China,'' dated November 17, 2017.
\3\ See Memorandum, ``Chlorinated Isocyanurates from the
People's Republic of China: Extension of Deadline for Final Results
of Antidumping Duty Administrative Review,'' dated November 21,
2017.
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On November 29, 2017, Bio-lab, Inc., Clearon Corp. and Occidental
Chemical Corp. (collectively, the petitioners), and the respondents
Heze Huayi and Kangtai, submitted case briefs.\4\ On December 6, 2017,
the petitioners and the respondents both submitted rebuttal briefs.\5\
We met with the petitioners on December 14, 2017, and with the
respondents on January 8, 2018, to address issues raised in the case
and rebuttal briefs.\6\ Commerce has exercised its discretion to toll
deadlines for the duration of the closure of the Federal Government
from January 20 through 22, 2018. If the new deadline falls on a non-
business day, in accordance with Commerce's practice, the deadline will
become the next business day. The revised deadline for the preliminary
results is now January 29, 2018.\7\
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\4\ See Petitioners' Case Brief, ``Case Brief of Bio-lab, Inc.,
Clearon Corp. and Occidental Chemical Corporation,'' dated November
30, 2017; Respondents' Case Brief, ``Case Brief of Juancheng Kangtai
Chemical Co., Ltd. (``Kangtai), Heze Huayi Chemical Co., Ltd.
(``Heze Huayi''),'' dated November 29, 2017.
\5\ See Petitioners' Rebuttal Brief, ``Rebuttal Brief of Biolab,
Inc., Clearon Corp. and Occidental Chemical Corporation,'' dated
December 6, 2017; Respondents' Rebuttal Brief, ``Chlorinated
Isocyanurates from the People's Republic of China: Rebuttal Brief,''
dated December 6, 2017.
\6\ See Memorandum, ``Ex-Parte Meeting with Counsel for Bio-Lab,
Inc., Clearon Corp. and Occidental Chemical Corporation,'' dated
December 22, 2016; Memorandum, ``Ex-Parte Meeting with Counsel for
Heze Huayi Chemical Co. Ltd. and Juancheng Kangtai Chemical Co.,
Ltd.,'' dated January 8, 2018.
\7\ See Memorandum for The Record from Christian Marsh, Deputy
Assistant Secretary for Enforcement and Compliance, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of
the Federal Government'' (Tolling Memorandum), dated January 24,
2018. All deadlines in this segment of the proceeding have been
extended by 3 days. Because this deadline falls on the weekend, the
next business day is Monday, January 29, 2018.
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Scope of the Order
The products covered by the order are chloro 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.
Although the HTSUS subheadings are provided for convenience and customs
purposes, the written description of merchandise subject to the scope
is dispositive. For a full description of the scope of the order, see
Issues and Decision Memorandum.\8\
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\8\ See Memorandum, ``Decision Memorandum for the Final Results
of Antidumping Duty Administrative Review: Chlorinated Isocyanurates
from the People's Republic of China; 2014-2015,'' issued
concurrently with this notice for a complete description of the
scope of the Order.
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Separate Rates
In the Preliminary Results, we found that evidence provided by Heze
Huayi and Kangtai supported finding an absence of both de jure and de
facto government control, and, therefore, we preliminarily granted a
separate rate to each of these companies.\9\ We received no information
since the issuance of the Preliminary Results that provides a basis for
reconsidering these determinations with respect to Heze Huayi and
Kangtai. Therefore, for the final results, we continue to find that
Heze Huayi and Kangtai are eligible for separate rates.
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\9\ See Preliminary Results, and accompanying Preliminary
Decision Memorandum, at 3-5.
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With respect to Jiheng, however, we found that Jiheng did not
respond to Commerce's questionnaire even though it timely submitted a
separate rate certification. We received no information since the
issuance of the Preliminary Results that provides a basis for
reconsidering this determination with respect to Jiheng. Therefore, for
the final results, we continue to find that Jiheng is ineligible for
separate rate. As such, we determine that Jiheng is part of the China-
wide entity.\10\
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\10\ Because no interested party requested a review of the
China-wide entity and Commerce no longer considers the China-wide
entity as an exporter conditionally subject to administrative
reviews, we did not conduct a review of the China-wide entity. Thus,
the rate for the China-wide entity is not subject to change as a
result of this review. See Antidumping Proceedings: Announcement of
Change in Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional Review of the Nonmarket
Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963,
65969-70 (November 4, 2013).
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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). ACCESS is available to
registered users at https://access.trade.gov and to all parties in the
Central Records Unit, Room B8024 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://enforcement.trade.gov/frn/index.html. The signed Issues and Decision
Memorandum and electronic
[[Page 5245]]
versions of the Issues and Decision Memorandum are identical in
content.
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 no
revisions to the margin calculations for all three companies.
Final Results of Administrative Review
As explained above, we find Jiheng to be part of the China-wide
entity. The rate previously established for the China-wide entity is
285.63 percent.\11\ The weighted-average dumping margins for Heze Huayi
and Kangtai in the instant administrative review are as follows:
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\11\ For an explanation on the derivation of the China-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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Weight-average
Exporter dumping margin
percentage
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Heze Huayi Chemical Co., Ltd......................... 16.06
Juancheng Kangtai Chemical Co., Ltd.................. 24.82
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b), Commerce has determined, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review. Commerce intends to issue
appropriate assessment instructions directly to CBP 15 days after
publication of the final results of this administrative review.
Where the respondent reported reliable entered values, we
calculated importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\12\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to that party by the total sales
quantity associated with those transactions, Commerce will direct CBP
to assess importer-specific assessment rates based on the resulting
per-unit rates.\13\ Where an importer- (or customer-) specific ad
valorem or per-unit rate is greater than de minimis (i.e., 0.50
percent), Commerce will instruct CBP to collect the appropriate duties
at the time of liquidation.\14\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\15\
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\12\ See 19 CFR 351.212(b)(1).
\13\ Id.
\14\ Id.
\15\ See 19 CFR 351.106(c)(2).
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Pursuant to Commerce's assessment practice, for entries that were
not reported in the U.S. sales databases submitted by companies
individually examined during this review, Commerce will instruct CBP to
liquidate such entries at the China-wide entity rate. Additionally, if
Commerce determines that an exporter 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
China-wide entity rate.\16\
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\16\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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 China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For the exporters
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 China and non-China
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 China exporters of
subject merchandise that have not been found to be eligible for a
separate rate, the cash deposit rate will be the China-wide rate of
285.63 percent; and (4) for all non-China exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the China exporter(s) that supplied
that non-China exporter. These deposit requirements, when imposed,
shall remain in effect until further notice.
Disclosure
We intend to disclose the calculations performed regarding these
final results within five days of the date of publication of this
notice to parties in this proceeding in accordance with 19 CFR
351.224(b).
Notification to Importers
This notice 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 Commerce's presumption that reimbursement
of antidumping duties has occurred and that subsequent assessment of
doubled antidumping duties.
Administrative Protective Order Notification to Interested Parties
This notice also serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), 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 these final results of administrative
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act,
and 19 CFR 351.213(h).
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Dated: January 29, 2018.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Use of Kangtai's U.S. Export Sales to the One
Customer Operating From a Third Country (Company X)
Comment 2: Changes in Heze Huayi's Labor Usage Rates
Comment 3: By-Product Offset for Ammonium Sulfate
Comment 4: Adjustment To Export Price for Free-of-Charge Packing
Materials
Comment 5: Alternative Mexican Surrogate Values
A. Alternative Mexican Financial Statements
B. Mexican Surrogate Value for Sodium Hydroxide (Caustic Soda)
C. Whether To Use INEGI's EMIM Mexican Labor Data Instead of ILO
Labor Rate
Comment 6: Assigning the NME-Entity Rate to Jiheng
Recommendation
[FR Doc. 2018-02315 Filed 2-5-18; 8:45 am]
BILLING CODE 3510-DS-P