Chlorinated Isocyanurates from Spain: Notice of Antidumping Duty Order, 36562-36563 [E5-3300]

Download as PDF 36562 Federal Register / Vol. 70, No. 121 / Friday, June 24, 2005 / Notices building, for a detailed discussion of comments submitted by Arch. Antidumping Duty Order On June 17, 2005, the ITC notified the Department of its final determination pursuant to section 735(b)(1)(A)(I) of the Tariff Act of 1930, as amended (‘‘the Act’’), that the industry in the United States producing chlorinated isocyanurates is materially injured by reason of less–than-fair–value imports of subject merchandise from the PRC. In addition, the ITC notified the Department of its final determination that critical circumstances do not exist with respect to imports of subject merchandise from the PRC that are subject to the Department’s partial affirmative critical circumstances finding. Therefore, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (‘‘CBP’’) to assess, upon further advice by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price of the merchandise for all relevant entries of chlorinated isocyanurates from the PRC. These antidumping duties will be assessed on all unliquidated entries of chlorinated isocyanurates from the PRC entered, or withdrawn from the warehouse, for consumption on or after December 16, 2004, the date on which the Department published its Preliminary Determination. See Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Chlorinated Isocyanurates From the People’s Republic of China, 69 FR 75293 (December 16, 2004) (‘‘Preliminary Determination’’). With regard to the ITC negative critical circumstances determination, we will instruct CBP to lift suspension and to release any bond or other security, and refund any cash deposit made, to secure the payment of antidumping duties with respect to entries of the merchandise entered, or withdrawn from warehouse, for consumption on or after September 17, 2004, but before December 16, 2004. September 17, 2004, is 90 days prior to December 16, 2004, the date of publication of the Preliminary Determination in the Federal Register. Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six VerDate jul<14>2003 19:06 Jun 23, 2005 Jkt 205001 months. At the request of exporters that account for a significant proportion of chlorinated isocyanurates, we extended the four-month period to no more than six months. See Preliminary Determination. In the investigation, the six-month period began on the date of the publication of the Preliminary Determination, December 16, 2004, and ended on June 13, 2005. Definitive duties are to begin on the date of publication of the ITC’s final injury determination. See section 737 of the Act. Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of chlorinated isocyanurates from the PRC entered, or withdrawn from warehouse, for consumption on or after June 14, 2005, and before the date of publication of the ITC’s final injury determination in the Federal Register. Suspension of liquidation will continue on or after this date. On or after the date of publication of the ITC’s notice of final affirmative injury determination in the Federal Register, CBP will require, at the same time as importers would normally deposit estimated duties on this merchandise, a cash deposit equal to the estimated weighted–average antidumping duty margins noted below. The ‘‘PRC–Wide’’ rates apply to all exporters of subject merchandise not specifically listed. The weighted– average dumping margins are as follows: Manufacturer/Exporter Hebei Jiheng Chemical Co., Ltd. Nanning Chemical Industry Co., Ltd. .......................................... Changzhou Clean Chemical Co., Ltd. .......................................... Liaocheng Huaao Chemical Industry Co., Ltd. ....................... Sinochem Hebei Import & Export Corporation ............................. Sinochem Shanghai Import & Export Corporation .................. PRC -Wide Rate ......................... Frm 00006 Fmt 4703 Sfmt 4703 BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–469–814] Chlorinated Isocyanurates from Spain: Notice of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (‘‘the Department’’) and the U.S. International Trade Commission (‘‘the ITC’’), the Department is issuing an antidumping duty order on chlorinated isocyanurates from Spain. On June 17, 2005, the ITC notified the Department of its affirmative determination of injury to a U.S. industry (Chlorinated Isocyanurates from the People’s Republic of China and Spain, Investigations Nos. 731–TA–1082 and 1083 (Final), Publication 3782 (June 2005)). EFFECTIVE DATE: June 24, 2005. FOR FURTHER INFORMATION CONTACT: Thomas Martin and Mark Manning, AD/ CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; Margin telephone: (202) 482–3936 or (202) 482– (percent) 5253, respectively. 75.78 SUPPLEMENTARY INFORMATION: The final determination in this investigation was 285.63 published on May 10, 2005. See Chlorinated Isocyanurates From Spain: 137.69 Notice of Final Determination of Sales 137.69 at Less Than Fair Value, 70 FR 24506 (May 10, 2005) (‘‘Final Determination’’). 137.69 137.69 285.63 This notice constitutes the antidumping duty order with respect to chlorinated isocyanurates from the PRC, pursuant to section 736(a) of the Act. Interested parties may contact the Department’s Central Records Unit, Room B–099 of the main Commerce building, for copies of an updated list of antidumping duty orders currently in effect. This order is published in accordance with section 736 (a) of the Act and 19 CFR 351.211. PO 00000 Dated: June 21, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–3299 Filed 6–23–05; 8:45 am] AGENCY: 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 (Cl3(NCO)3), (2) sodium dichloroisocyanurate (dihydrate) (NaCl2(NCO)3 2H2O), and (3) sodium dichloroisocyanurate (anhydrous) (NaCl2(NCO)3). Chlorinated isocyanurates are available in powder, granular, and tableted forms. This order covers all chlorinated isocyanurates. E:\FR\FM\24JNN1.SGM 24JNN1 Federal Register / Vol. 70, No. 121 / Friday, June 24, 2005 / Notices Chlorinated isocyanurates are currently classifiable under subheadings 2933.69.6015, 2933.69.6021, and 2933.69.6050 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. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. On July 1, 2004, Arch Chemicals, Inc. (‘‘Arch’’), an importer, argued that its patented, formulated, chlorinated isocyanurates tablet is not covered by the scope of the investigation. In the Final Determination, the Department found that Arch’s patented chlorinated isocyanurates tablet is included within the scope of this antidumping duty investigation. See Memorandum from Holly A. Kuga, Senior Office Director, to Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration, ‘‘Scope of the Antidumping Duty Investigations of Chlorinated Isocyanurates from the People’s Republic of China and Spain,’’ dated December 10, 2004, adopted without comment in the Final Determination. Antidumping Duty Order On June 17, 2005, in accordance with section 735(d) of the Tariff Act of 1930, as amended (‘‘the Act’’), the ITC notified the Department of its final determination pursuant to section 735(b)(1)(A)(i) of the Act that an industry in the United States is materially injured by reason of less– than-fair–value imports of chlorinated isocyanurates from Spain. Therefore, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (‘‘CBP’’) to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or the constructed export price) of the merchandise for all relevant entries of chlorinated isocyanurates from Spain. These antidumping duties will be assessed on all entries of chlorinated isocyanurates from Spain entered, or withdrawn from warehouse, for consumption on or after December 20, 2004, the date on which the Department published its notice of preliminary VerDate jul<14>2003 19:06 Jun 23, 2005 Jkt 205001 determination in the Federal Register. See Chlorinated Isocyanurates From Spain: Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 69 FR 75902 (December 20, 2004) (‘‘Preliminary Determination’’). Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six months. At the request of exporters that account for a significant proportion of the Spanish exports of subject merchandise, we extended the fourmonth period to no more than six months. See Preliminary Determination. In the investigation, the six-month period beginning on the date of the publication of the Preliminary Determination ended on June 17, 2005. Furthermore, section 737 of the Act states that definitive duties are to begin on the date of publication of the ITC’s final injury determination. Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of chlorinated isocyanurates from Spain entered, or withdrawn from warehouse, for consumption on or after June 18, 2005, and before the date of publication of the ITC’s final injury determination in the Federal Register. Suspension of liquidation will continue on or after the date of the publication of the ITC’s final injury determination. Effective on the date of publication of the ITC’s final affirmative injury determination, CBP officers must require, at the same time as importers would normally deposit estimated duties on this merchandise, a cash deposit equal to the estimated weighted–average antidumping duty margins as noted below. The all others’ rate applies to all manufacturers and exporters of subject merchandise not specifically listed. The weighted– average dumping margins are as follows: 36563 isocyanurates from Spain. Interested parties may contact the Department’s Central Records Unit, Room B–099 of the main Commerce Building, for copies of an updated list of antidumping duty orders currently in effect. This order is issued and published in accordance with section 736(a) of the Act and 19 CFR 351.211. Dated: June 21, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–3300 Filed 6–23–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [C–357–813] Honey from Argentina: Final Results of Countervailing Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On December 21, 2004, the Department of Commerce (the Department) published in the Federal Register its preliminary results of administrative review of the countervailing duty order on honey from Argentina for the period January 1, 2003, through December 31, 2003. Honey from Argentina: Preliminary Results of Countervailing Duty Administrative Review, 68 FR 69660 (December 21, 2004) (Preliminary Results). We received no comments from interested parties; therefore, we have made no changes to the net countervailable subsidy rates for the POR. The final net countervailable subsidy rates are listed below in the section entitled ‘‘Final Results of Administrative Review.’’ EFFECTIVE DATE: June 24, 2005. FOR FURTHER INFORMATION CONTACT: Dara Iserson and Thomas Gilgunn, AD/CVD Operations, Office 6, Import Administration, U.S. Department of Commerce, Room 7866, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482–4052 or (202) 482–4236, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background In response to requests for an Aragonesas Delsa S.A. 24.83 administrative review of the All Others ...................... 24.83 countervailing duty (CVD) order on honey from Argentina from the Pursuant to section 736(a) of the Act, Government of Argentina (GOA) this notice constitutes the antidumping (respondents) and the American Honey duty order with respect to chlorinated Producers Association and Sioux Honey PO 00000 Manufacturer/exporter Frm 00007 Fmt 4703 Weighted–Average Margin (percent) Sfmt 4703 E:\FR\FM\24JNN1.SGM 24JNN1

Agencies

[Federal Register Volume 70, Number 121 (Friday, June 24, 2005)]
[Notices]
[Pages 36562-36563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-3300]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-814]


Chlorinated Isocyanurates from Spain: Notice of Antidumping Duty 
Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (``the Department'') and the U.S. International Trade 
Commission (``the ITC''), the Department is issuing an antidumping duty 
order on chlorinated isocyanurates from Spain. On June 17, 2005, the 
ITC notified the Department of its affirmative determination of injury 
to a U.S. industry (Chlorinated Isocyanurates from the People's 
Republic of China and Spain, Investigations Nos. 731-TA-1082 and 1083 
(Final), Publication 3782 (June 2005)).

EFFECTIVE DATE: June 24, 2005.

FOR FURTHER INFORMATION CONTACT: Thomas Martin and Mark Manning, AD/CVD 
Operations, Office 4, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3936 or (202) 482-5253, respectively.

SUPPLEMENTARY INFORMATION: The final determination in this 
investigation was published on May 10, 2005. See Chlorinated 
Isocyanurates From Spain: Notice of Final Determination of Sales at 
Less Than Fair Value, 70 FR 24506 (May 10, 2005) (``Final 
Determination'').

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 (Cl3(NCO)3), (2) sodium dichloroisocyanurate (dihydrate) 
(NaCl2(NCO)3 2H2O), and (3) sodium dichloroisocyanurate (anhydrous) 
(NaCl2(NCO)3). Chlorinated isocyanurates are available in powder, 
granular, and tableted forms. This order covers all chlorinated 
isocyanurates.

[[Page 36563]]

    Chlorinated isocyanurates are currently classifiable under 
subheadings 2933.69.6015, 2933.69.6021, and 2933.69.6050 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. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of this order is dispositive.
    On July 1, 2004, Arch Chemicals, Inc. (``Arch''), an importer, 
argued that its patented, formulated, chlorinated isocyanurates tablet 
is not covered by the scope of the investigation. In the Final 
Determination, the Department found that Arch's patented chlorinated 
isocyanurates tablet is included within the scope of this antidumping 
duty investigation. See Memorandum from Holly A. Kuga, Senior Office 
Director, to Barbara E. Tillman, Acting Deputy Assistant Secretary for 
Import Administration, ``Scope of the Antidumping Duty Investigations 
of Chlorinated Isocyanurates from the People's Republic of China and 
Spain,'' dated December 10, 2004, adopted without comment in the Final 
Determination.

Antidumping Duty Order

    On June 17, 2005, in accordance with section 735(d) of the Tariff 
Act of 1930, as amended (``the Act''), the ITC notified the Department 
of its final determination pursuant to section 735(b)(1)(A)(i) of the 
Act that an industry in the United States is materially injured by 
reason of less-than-fair-value imports of chlorinated isocyanurates 
from Spain. Therefore, in accordance with section 736(a)(1) of the Act, 
the Department will direct U.S. Customs and Border Protection (``CBP'') 
to assess, upon further instruction by the Department, antidumping 
duties equal to the amount by which the normal value of the merchandise 
exceeds the export price (or the constructed export price) of the 
merchandise for all relevant entries of chlorinated isocyanurates from 
Spain. These antidumping duties will be assessed on all entries of 
chlorinated isocyanurates from Spain entered, or withdrawn from 
warehouse, for consumption on or after December 20, 2004, the date on 
which the Department published its notice of preliminary determination 
in the Federal Register. See Chlorinated Isocyanurates From Spain: 
Notice of Preliminary Determination of Sales at Less Than Fair Value 
and Postponement of Final Determination, 69 FR 75902 (December 20, 
2004) (``Preliminary Determination'').
    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of the Spanish exports of subject merchandise, we extended 
the four-month period to no more than six months. See Preliminary 
Determination. In the investigation, the six-month period beginning on 
the date of the publication of the Preliminary Determination ended on 
June 17, 2005. Furthermore, section 737 of the Act states that 
definitive duties are to begin on the date of publication of the ITC's 
final injury determination. Therefore, in accordance with section 
733(d) of the Act and our practice, we will instruct CBP to terminate 
the suspension of liquidation and to liquidate, without regard to 
antidumping duties, unliquidated entries of chlorinated isocyanurates 
from Spain entered, or withdrawn from warehouse, for consumption on or 
after June 18, 2005, and before the date of publication of the ITC's 
final injury determination in the Federal Register. Suspension of 
liquidation will continue on or after the date of the publication of 
the ITC's final injury determination.
    Effective on the date of publication of the ITC's final affirmative 
injury determination, CBP officers must require, at the same time as 
importers would normally deposit estimated duties on this merchandise, 
a cash deposit equal to the estimated weighted-average antidumping duty 
margins as noted below. The all others' rate applies to all 
manufacturers and exporters of subject merchandise not specifically 
listed. The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/exporter                  Margin (percent)
------------------------------------------------------------------------
Aragonesas Delsa S.A................................               24.83
All Others..........................................               24.83
------------------------------------------------------------------------

    Pursuant to section 736(a) of the Act, this notice constitutes the 
antidumping duty order with respect to chlorinated isocyanurates from 
Spain. Interested parties may contact the Department's Central Records 
Unit, Room B-099 of the main Commerce Building, for copies of an 
updated list of antidumping duty orders currently in effect.
    This order is issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211.

    Dated: June 21, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-3300 Filed 6-23-05; 8:45 am]
BILLING CODE 3510-DS-S
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