Chlorinated Isocyanurates From Japan: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 22800-22802 [2014-09365]
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Federal Register / Vol. 79, No. 79 / Thursday, April 24, 2014 / Notices
Notification to Interested Parties
Interested parties must submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate
in these investigations should ensure
that they meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed at 19 CFR
351.103(d)).
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.47
Parties are hereby reminded that the
Department issued a final rule with
respect to certification requirements,
effective August 16, 2013. Parties are
hereby reminded that revised
certification requirements are in effect
for company/government officials as
well as their representatives. All
segments of any AD or CVD proceedings
initiated on or after August 16, 2013,
should use the formats for the revised
certifications provided at the end of the
Certifications Final Rule.48 The
Department intends to reject factual
submissions if the submitting party does
not comply with the applicable revised
certification requirements.
This notice is issued and published
pursuant to section 777(i) of the Act and
19 CFR 351.203(c).
InChl Key for sucrose is
CZMRCDWAGMRECN-UGDNZRGBSA-N,
the U.S. National Institutes of Health
PubChem Compound Identifier (CID) for
sucrose is 5988, and the Chemical Abstracts
Service (CAS) Number of sucrose is 57-50-1.
Sugar within the scope of this investigation
includes raw sugar (sugar with a sucrose
content by weight in a dry state that
corresponds to a polarimeter reading of less
than 99.5 degrees) and estandar or standard
sugar which is sometimes referred to as ‘‘high
polarity’’ or ‘‘semi-refined’’ sugar (sugar with
a sucrose content by weight in a dry state that
corresponds to a polarimeter reading of 99.2
to 99.6 degrees). Sugar within the scope of
this investigation includes refined sugar with
a sucrose content by weight in a dry state that
corresponds to a polarimeter reading of at
least 99.9 degrees. Sugar within the scope of
this investigation includes brown sugar,
liquid sugar (sugar dissolved in water),
organic raw sugar and organic refined sugar.
Inedible molasses is not within the scope
of this investigation. Specialty sugars, e.g.,
rock candy, fondant, sugar decorations, are
not within the scope of this investigation.
Processed food products that contain sugar,
e.g., beverages, candy, cereals, are not within
the scope of this investigation.
Merchandise covered by this investigation
is typically imported under the following
headings of the Harmonized Tariff Schedule
of the United States (HTSUS): 1701.12.1000,
1701.12.5000, 1701.13.1000, 1701.13.5000,
1701.14.1000, 1701.14.5000, 1701.91.1000,
1701.91.3000, 1701.99.1025, 1701.99.1050,
1701.99.5025, 1701.99.5050, and
1702.90.4000. The tariff classification is
provided for convenience and customs
purposes; however, the written description of
the scope of this investigation is dispositive.
[FR Doc. 2014-09363 Filed 4-23-14; 8:45 am]
BILLING CODE 3510-DS-P
Dated: April 17, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
DEPARTMENT OF COMMERCE
Appendix
[A–588–870]
International Trade Administration
pmangrum on DSK3VPTVN1PROD with NOTICES
Scope of the Investigation
The product covered by this investigation
is sugar derived from sugar cane or sugar
beets. Sucrose gives sugar its essential
character. Sucrose is a nonreducing
disaccharide composed of glucose and
fructose linked via their anomeric carbons.
The molecular formula for sucrose is
C12H22011, the International Union of Pure
and Applied Chemistry (IUPAC)
International Chemical Identifier (InChl) for
sucrose is 1S/C12H22O11/c13-l-46(16)8(18)9(19)11(21-4)23-12(315)10(20)7(17)5(2-14)22-12/h4-11,13-20H,13H2/t4-,5-,6-,7-,8+,9-,10+,11-,12+/m1/s1, the
47 See
section 782(b) of the Act.
Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Certification Final Rule); see also the
frequently asked questions regarding the
Certification Final Rule, available at the following:
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
48 See
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Chlorinated Isocyanurates From
Japan: Preliminary Determination of
Sales at Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) preliminarily
determines that chlorinated
isocyanurates (‘‘isos’’) from Japan is
being, or is likely to be, sold in the
United States at less than fair value
(‘‘LTFV’’), as provided in section 733(b)
of the Tariff Act of 1930, as amended
(‘‘the Act’’). The period of investigation
is July 1, 2012, through June 30, 2013.
The estimated weighted-average
dumping margins of sales at LTFV are
listed in the ‘‘Preliminary
Determination’’ section of this notice.
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Interested Parties are invited to
comment on this preliminary
determination. Pursuant to a request
from Shikoku Chemicals Corporation,
we are postponing for 60 days the final
determination and extending
provisional measures from a four-month
period to not more than six months.
Accordingly, we intend to make our
final determination not later than 135
days after publication of this
preliminary determination in the
Federal Register.
DATES: Effective Date: April 24, 2014.
FOR FURTHER INFORMATION CONTACT: Julia
Hancock or Jerry Huang, 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) 482–1394 or (202) 482–
4047, respectively.
SUPPLEMENTARY INFORMATION:
On September 25, 2013, the
Department initiated the antidumping
duty investigation on isos from Japan.1
Based on a timely request from
Petitioners,2 on February 10, 2014, the
Department postponed the deadline for
the preliminary determination by 50
days to April 14, 2014, pursuant to
section 733(c)(1)(A) of the Act and 19
CFR 351.205(e).3 4
Scope of the Investigation
The products covered by this
investigation 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 × 2H2O), and (3) sodium
dichloroisocyanurate (anhydrous)
(NaCl2(NCO)3). Chlorinated
1 See Chlorinated Isocyanurates From Japan:
Initiation of Antidumping Duty Investigation, 78 FR
58997 (September 25, 2013).
2 Petitioners are Clearon Corp. and Occidental
Corporation.
3 See Chlorinated Isocyanurates From Japan:
Postponement of Preliminary Determinations of
Antidumping Duty Investigation, 79 FR 7643
(February 10, 2014).
4 As explained in the memorandum from the
Assistant Secretary for Enforcement and
Compliance, the Department exercised its
discretion to toll deadlines for the duration of the
closure of the Federal Government from October 1,
through October 16, 2013. See Memorandum for the
Record from Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ‘‘Deadlines Affected
by the Shutdown of the Federal Government’’
(October 18, 2013). The tolled deadline for the
preliminary determination of this investigation was
February 21, 2014.
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Federal Register / Vol. 79, No. 79 / Thursday, April 24, 2014 / Notices
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 the
investigation is dispositive.
Methodology
pmangrum on DSK3VPTVN1PROD with NOTICES
The Department conducted this
investigation in accordance with section
731 of the Act. Export prices have been
calculated in accordance with section
772(a) of the Act. Constructed export
prices have been calculated in
accordance with section 772(b) of the
Act. Normal value has been calculated
in accordance with section 773 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.5 The
Preliminary Decision Memorandum is a
public document and is made available
to the public via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov, and is available to all
parties in the Department’s Central
Records Unit, located at room 7046 of
the main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be found at https://
enforcement.trade.gov/frn/. The signed
5 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations
‘‘Decision Memorandum for the Preliminary
Determination of the Antidumping Duty
Investigation of Chlorinated Isocyanurates From
Japan,’’ dated concurrently this notice
(‘‘Preliminary Decision Memorandum’’).
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14:19 Apr 23, 2014
Jkt 232001
22801
and the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
Preliminary Determination
interested parties, who wish to request
The Department preliminarily
a hearing, or to participate if one is
determines that the following weighted- requested, must submit a written
average dumping margins exist:
request to the Assistant Secretary for
Enforcement and Compliance, U.S.
WeightedDepartment of Commerce, filed
average
electronically using IA ACCESS. An
Exporter/Producer
margin
electronically filed document must be
(percent)
received successfully in its entirety in
Shikoku Chemicals Corporation
54.79 IA ACCESS, by 5 p.m. Eastern Time
Nankai Chemical Co., Ltd ........
109.56 within 30 days after the date of
All Others ..................................
63.71 publication of this notice.9 Requests
should contain the party’s name,
Pursuant to section 735(c)(5)(A) of the address, and telephone number, the
Act, the ‘‘All Others’’ rate shall be an
number of participants, and a list of the
amount equal to the weighted average of issues to be discussed. If a request for
the estimated weighted-average
a hearing is made, the Department will
dumping margins established for
inform parties of the scheduled date for
exporters and producers individually
the hearing which will be held at the
investigated, excluding any zero or de
U.S. Department of Commerce, 14th
minimis margins, and any margins
Street and Constitution Avenue NW.,
determined entirely under section 776
Washington, DC 20230, at a time and
of the Act. Specifically, this rate of
location to be determined. Parties
63.71 percent is based on a weighted
should confirm by telephone the date,
average using each company’s publicly- time, and location of the hearing.
ranged values for U.S. exports of subject Interested parties are invited to
merchandise. Because we cannot apply
comment on the preliminary
our normal methodology of calculating
determination of this investigation.
a weighted-average margin due to
Suspension of Liquidation
requests to protect business-proprietary
information, we find this rate to be the
In accordance with section 733(d)(2)
best proxy of the actual weightedof the Act, we will direct U.S. Customs
average margin determined for these
and Border Protection (‘‘CBP’’) to
respondents.6 7
suspend liquidation of all entries of isos
from Japan, as described in the ‘‘Scope
Disclosure and Public Comment
of the Investigation’’ section, entered, or
The Department will disclose the
withdrawn from warehouse, for
calculations used in our analysis to
consumption on or after the date of
parties in this investigation within five
publication of this notice in the Federal
days of the date of publication of this
Register.
notice. Case briefs or other written
Pursuant to 19 CFR 351.205(d), the
comments may be submitted to the
Department will instruct CBP to require
Assistant Secretary for Enforcement and a cash deposit 10 equal to the
Compliance no later than seven days
preliminary weighted-average amount
after the date on which the final
by which normal value exceeds U.S.
verification report is issued in this
price, as indicated in the chart above.
proceeding and rebuttal briefs, limited
These suspension of liquidation
to issues raised in case briefs, may be
instructions will remain in effect until
submitted no later than five days after
further notice.
the deadline date for case briefs.8
Postponement of Final Determination
Pursuant to 19 CFR 351.309(c)(2) and
and Extension of Provisional Measures
(d)(2), parties who submit case briefs or
Section 735(a)(2) of the Act provides
rebuttal briefs in this proceeding are
that a final determination may be
encouraged to submit with each
postponed until not later than 135 days
6 See, e.g., Certain Frozen Warmwater Shrimp
after the date of the publication of the
From India: Final Results of Antidumping Duty
preliminary determination if, in the
Administrative Review, Partial Rescission, and
event of an affirmative preliminary
Final No Shipment Determination, 76 FR 41205,
determination, a request for such
41205 (July 13, 2011).
7 See Memorandum to the File from Julia
Hancock and Jerry Huang, Senior Case Analysts,
Office V, Enforcement and Compliance, Subject:
Chlorinated Isocyanurates From Japan: Calculation
of All-Others’ Rate in Preliminary Determination
(April 14, 2014).
8 See 19 CFR 351.309(c) and (d).
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Fmt 4703
Sfmt 4703
9 See
19 CFR 351.310(c).
Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
10 See
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Federal Register / Vol. 79, No. 79 / Thursday, April 24, 2014 / Notices
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise. 19
CFR 351.210(e)(2) requires that requests
by respondents for postponement of a
final determination be accompanied by
a request for extension of provisional
measures from a four-month period to
not more than six months.
On March 21, 2014, Shikoku
Chemicals Corporation requested that,
in the event of an affirmative
preliminary determination in this
investigation, the Department postpone
its final determination by 60 days (135
days after publication of the preliminary
determination), and agreed to extend the
application of the provisional measures
prescribed under section 733(d) of the
Act and 19 CFR 351.210(e)(2), from a
four-month period to a six-month
period.11 In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) our
preliminary determination is
affirmative; (2) the requesting producer/
exporter accounts for a significant
proportion of exports of the subject
merchandise; and (3) no compelling
reasons for denial exist, we are
postponing the final determination until
no later than 135 days after the
publication of this notice in the Federal
Register. Suspension of liquidation will
be extended accordingly. We are also
extending the application of the
provisional measures prescribed under
section 733(d) of the Act and 19 CFR
351.210(e)(2) from a four-month period
to a six-month period.
pmangrum on DSK3VPTVN1PROD with NOTICES
U.S. International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we will notify the ITC of our
preliminary affirmative determination of
sales at LTFV. Because the preliminary
determination in this proceeding is
affirmative, section 735(b)(2) of the Act
requires that the ITC make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
isos from Japan before the later of 120
days after the date of this preliminary
determination or 45 days after our final
determination. Because we are
postponing the deadline for our final
determination to 135 days from the date
of the publication of this preliminary
determination, as discussed above, the
ITC will make its final determination no
11 See Letter to the Secretary of Commerce from
Shikoku Chemicals Corporation, re ‘‘Chlorinated
Isocyanurates from Japan: Shikoku’s Request to
Postpone the Final Determination’’, dated March
21, 2014.
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14:19 Apr 23, 2014
Jkt 232001
later than 45 days after our final
determination.
This determination is issued and
published pursuant to sections 733(f)
and 777(i)(1) of the Act.
Dated: April 14, 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 Investigation
3. Scope Comments
4. Respondent Selection
6. Affiliation Determinations
7. Determination of the Comparison Method
A. Differential Pricing Analysis
B. Results of the Differential Pricing
Analysis
8. Discussion of Methodology
A. Fair Value Comparisons
B. Product Comparisons
C. Date of Sale
D. Export Price (‘‘EP’’)
E. Constructed Export Price (‘‘CEP’’)
Normal Value
A. Home Market Viability
B. Affiliated Party Transactions and Arm’sLength Test
C. Level of Trade
H. Cost of Production
1. Calculation of COP
2. Test of Comparison Prices
3. Results of COP Test
4. Constructed Value
5. Calculation of Normal Value Based on
Comparison Market Prices
9. Currency Conversion
10. Verification
11. International Trade Commission
Notification
[FR Doc. 2014–09365 Filed 4–23–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–844]
Steel Concrete Reinforcing Bar From
Mexico: Preliminary Determination of
Sales at Less Than Fair Value,
Preliminary Affirmative Determination
of Critical Circumstances, and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that steel concrete
reinforcing bar (rebar) from Mexico is
being, or is likely to be, sold in the
United States at less than fair value
(LTFV), as provided in section 733(b) of
the Tariff Act of 1930, as amended (the
Act). The period of investigation (POI)
AGENCY:
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Fmt 4703
Sfmt 4703
is July 1, 2012, through June 30, 2013.
The estimated weighted-average
dumping margins of sales at LTFV are
listed in the ‘‘Preliminary
Determination’’ section of this notice.
The Department also preliminarily
determines that critical circumstances
exist for certain imports of rebar from
Mexico. Finally, in response to a request
from an exporter accounting for a
significant proportion of export of the
subject merchandise, we are postponing
the final determination. The final
determination will be issued 135 days
after the publication of this preliminary
determination in the Federal Register.
We invite interested parties to comment
on this preliminary determination.
DATES: Effective Date: April 24, 2014.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore (Deacero), or Joy
Zhang (Grupo Simec), AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3692 or (202) 482–
1168.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The merchandise subject to this
investigation is steel concrete
reinforcing bar imported in either
straight length or coil form (rebar)
regardless of metallurgy, length,
diameter, or grade. The subject
merchandise is classifiable in the
Harmonized Tariff Schedule of the
United States (HTSUS) primarily under
item numbers 7213.10.0000,
7214.20.0000, and 7228.30.8010. The
subject merchandise may also enter
under other HTSUS numbers including
7215.90.1000, 7215.90.5000,
7221.00.0015, 7221.00.0030,
7221.00.0045, 7222.11.0001,
7222.11.0057, 7222.11.0059,
7222.30.0001, 7227.20.0080,
7227.90.6085, 7228.20.1000, and
7228.60.6000. Specifically excluded are
plain rounds (i.e., non-deformed or
smooth rebar). HTSUS numbers are
provided for convenience and customs
purposes; however, the written
description of the scope remains
dispositive.
Postponement of Final Determination
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
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]]>Agencies
[Federal Register Volume 79, Number 79 (Thursday, April 24, 2014)]
[Notices]
[Pages 22800-22802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09365]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-870]
Chlorinated Isocyanurates From Japan: Preliminary Determination
of Sales at Less Than Fair Value and Postponement of Final
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') preliminarily
determines that chlorinated isocyanurates (``isos'') from Japan is
being, or is likely to be, sold in the United States at less than fair
value (``LTFV''), as provided in section 733(b) of the Tariff Act of
1930, as amended (``the Act''). The period of investigation is July 1,
2012, through June 30, 2013. The estimated weighted-average dumping
margins of sales at LTFV are listed in the ``Preliminary
Determination'' section of this notice. Interested Parties are invited
to comment on this preliminary determination. Pursuant to a request
from Shikoku Chemicals Corporation, we are postponing for 60 days the
final determination and extending provisional measures from a four-
month period to not more than six months. Accordingly, we intend to
make our final determination not later than 135 days after publication
of this preliminary determination in the Federal Register.
DATES: Effective Date: April 24, 2014.
FOR FURTHER INFORMATION CONTACT: Julia Hancock or Jerry Huang, 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-
1394 or (202) 482-4047, respectively.
SUPPLEMENTARY INFORMATION:
On September 25, 2013, the Department initiated the antidumping
duty investigation on isos from Japan.\1\ Based on a timely request
from Petitioners,\2\ on February 10, 2014, the Department postponed the
deadline for the preliminary determination by 50 days to April 14,
2014, pursuant to section 733(c)(1)(A) of the Act and 19 CFR
351.205(e).\3\ \4\
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\1\ See Chlorinated Isocyanurates From Japan: Initiation of
Antidumping Duty Investigation, 78 FR 58997 (September 25, 2013).
\2\ Petitioners are Clearon Corp. and Occidental Corporation.
\3\ See Chlorinated Isocyanurates From Japan: Postponement of
Preliminary Determinations of Antidumping Duty Investigation, 79 FR
7643 (February 10, 2014).
\4\ As explained in the memorandum from the Assistant Secretary
for Enforcement and Compliance, the Department exercised its
discretion to toll deadlines for the duration of the closure of the
Federal Government from October 1, through October 16, 2013. See
Memorandum for the Record from Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of
the Federal Government'' (October 18, 2013). The tolled deadline for
the preliminary determination of this investigation was February 21,
2014.
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation 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
[[Page 22801]]
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 the investigation is dispositive.
Methodology
The Department conducted this investigation in accordance with
section 731 of the Act. Export prices have been calculated in
accordance with section 772(a) of the Act. Constructed export prices
have been calculated in accordance with section 772(b) of the Act.
Normal value has been calculated in accordance with section 773 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.\5\ The Preliminary Decision Memorandum is a
public document and is made available to the public via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (``IA ACCESS''). IA ACCESS is available to registered
users at https://iaaccess.trade.gov, and is available to all parties in
the Department's Central Records Unit, located at room 7046 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be found at https://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\5\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations
``Decision Memorandum for the Preliminary Determination of the
Antidumping Duty Investigation of Chlorinated Isocyanurates From
Japan,'' dated concurrently this notice (``Preliminary Decision
Memorandum'').
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Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/Producer margin
(percent)
------------------------------------------------------------------------
Shikoku Chemicals Corporation.............................. 54.79
Nankai Chemical Co., Ltd................................... 109.56
All Others................................................. 63.71
------------------------------------------------------------------------
Pursuant to section 735(c)(5)(A) of the Act, the ``All Others''
rate shall be an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero or de minimis
margins, and any margins determined entirely under section 776 of the
Act. Specifically, this rate of 63.71 percent is based on a weighted
average using each company's publicly-ranged values for U.S. exports of
subject merchandise. Because we cannot apply our normal methodology of
calculating a weighted-average margin due to requests to protect
business-proprietary information, we find this rate to be the best
proxy of the actual weighted-average margin determined for these
respondents.6 7
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\6\ See, e.g., Certain Frozen Warmwater Shrimp From India: Final
Results of Antidumping Duty Administrative Review, Partial
Rescission, and Final No Shipment Determination, 76 FR 41205, 41205
(July 13, 2011).
\7\ See Memorandum to the File from Julia Hancock and Jerry
Huang, Senior Case Analysts, Office V, Enforcement and Compliance,
Subject: Chlorinated Isocyanurates From Japan: Calculation of All-
Others' Rate in Preliminary Determination (April 14, 2014).
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Disclosure and Public Comment
The Department will disclose the calculations used in our analysis
to parties in this investigation within five days of the date of
publication of this notice. Case briefs or other written comments may
be submitted to the Assistant Secretary for Enforcement and Compliance
no later than seven days after the date on which the final verification
report is issued in this proceeding and rebuttal briefs, limited to
issues raised in case briefs, may be submitted no later than five days
after the deadline date for case briefs.\8\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in this proceeding are encouraged to submit with each argument:
(1) A statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities.
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\8\ See 19 CFR 351.309(c) and (d).
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Pursuant to 19 CFR 351.310(c), interested parties, who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, filed electronically using IA
ACCESS. An electronically filed document must be received successfully
in its entirety in IA ACCESS, by 5 p.m. Eastern Time within 30 days
after the date of publication of this notice.\9\ Requests should
contain the party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. If a request
for a hearing is made, the Department will inform parties of the
scheduled date for the hearing which will be held at the U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230, at a time and location to be determined. Parties
should confirm by telephone the date, time, and location of the
hearing. Interested parties are invited to comment on the preliminary
determination of this investigation.
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\9\ See 19 CFR 351.310(c).
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we will direct
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of
all entries of isos from Japan, as described in the ``Scope of the
Investigation'' section, entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice in the
Federal Register.
Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to
require a cash deposit \10\ equal to the preliminary weighted-average
amount by which normal value exceeds U.S. price, as indicated in the
chart above. These suspension of liquidation instructions will remain
in effect until further notice.
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\10\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such
[[Page 22802]]
postponement is made by exporters who account for a significant
proportion of exports of the subject merchandise. 19 CFR 351.210(e)(2)
requires that requests by respondents for postponement of a final
determination be accompanied by a request for extension of provisional
measures from a four-month period to not more than six months.
On March 21, 2014, Shikoku Chemicals Corporation requested that, in
the event of an affirmative preliminary determination in this
investigation, the Department postpone its final determination by 60
days (135 days after publication of the preliminary determination), and
agreed to extend the application of the provisional measures prescribed
under section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-
month period to a six-month period.\11\ In accordance with section
735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) our
preliminary determination is affirmative; (2) the requesting producer/
exporter accounts for a significant proportion of exports of the
subject merchandise; and (3) no compelling reasons for denial exist, we
are postponing the final determination until no later than 135 days
after the publication of this notice in the Federal Register.
Suspension of liquidation will be extended accordingly. We are also
extending the application of the provisional measures prescribed under
section 733(d) of the Act and 19 CFR 351.210(e)(2) from a four-month
period to a six-month period.
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\11\ See Letter to the Secretary of Commerce from Shikoku
Chemicals Corporation, re ``Chlorinated Isocyanurates from Japan:
Shikoku's Request to Postpone the Final Determination'', dated March
21, 2014.
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U.S. International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we will notify the
ITC of our preliminary affirmative determination of sales at LTFV.
Because the preliminary determination in this proceeding is
affirmative, section 735(b)(2) of the Act requires that the ITC make
its final determination as to whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports of isos from Japan before the later of 120
days after the date of this preliminary determination or 45 days after
our final determination. Because we are postponing the deadline for our
final determination to 135 days from the date of the publication of
this preliminary determination, as discussed above, the ITC will make
its final determination no later than 45 days after our final
determination.
This determination is issued and published pursuant to sections
733(f) and 777(i)(1) of the Act.
Dated: April 14, 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 Investigation
3. Scope Comments
4. Respondent Selection
6. Affiliation Determinations
7. Determination of the Comparison Method
A. Differential Pricing Analysis
B. Results of the Differential Pricing Analysis
8. Discussion of Methodology
A. Fair Value Comparisons
B. Product Comparisons
C. Date of Sale
D. Export Price (``EP'')
E. Constructed Export Price (``CEP'')
Normal Value
A. Home Market Viability
B. Affiliated Party Transactions and Arm's-Length Test
C. Level of Trade
H. Cost of Production
1. Calculation of COP
2. Test of Comparison Prices
3. Results of COP Test
4. Constructed Value
5. Calculation of Normal Value Based on Comparison Market Prices
9. Currency Conversion
10. Verification
11. International Trade Commission Notification
[FR Doc. 2014-09365 Filed 4-23-14; 8:45 am]
BILLING CODE 3510-DS-P
