Chlorinated Isocyanurates From Spain: Final Results of Antidumping Duty Administrative Review, 64194-64196 [07-5700]
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64194
Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Notices
Treaty Doc. 103–21 defined the term
‘‘protective purposes’’ to mean ‘‘used for
determining the adequacy of defense
equipment and measures.’’ Consistent
with this definition, U.S.
implementation, as authorized via
Presidential Decision Directive (PDD)
70, December 17, 1999, assigned the
responsibility to operate these two
facilities to the Department of Defense
(DOD), thereby precluding commercial
production of Schedule 1 chemicals for
protective purposes in the United
States. This action did not establish any
limitations on ‘‘Schedule 1’’ chemical
activities that are not prohibited by the
CWC. However, the Department of
Defense maintains strict controls on
‘‘Schedule 1’’ chemicals produced at its
facilities in order to ensure the
accountability and proper use of such
chemicals, consistent with the object
and purpose of the Convention.
The provisions of the CWC that affect
commercial activities involving
‘‘Schedule 1’’ chemicals are
implemented in the CWCR (see 15 CFR
part 712) and in the Export
Administration Regulations (EAR) (see
15 CFR 742.18 and 15 CFR part 745),
both of which are administered by the
Bureau of Industry and Security (BIS).
Pursuant to CWC requirements, the
CWCR restrict commercial production
of Schedule 1 chemicals to research,
medical, or pharmaceutical purposes.
The CWCR also contain other
requirements and prohibitions that
apply to ‘‘Schedule 1’’ chemicals and/or
‘‘Schedule 1’’ facilities. Specifically, the
CWCR:
(1) Prohibit the import of ‘‘Schedule
1’’ chemicals from States not Party to
the Convention (15 CFR 712.2(b));
(2) Require annual declarations by
certain facilities engaged in the
production of ‘‘Schedule 1’’ chemicals
in excess of 100 grams aggregate per
calendar year (i.e., declared ‘‘Schedule
1’’ facilities) for purposes not prohibited
by the Convention (15 CFR 712.5(a)(1)
and (a)(2));
(3) Require government approval of
‘‘declared Schedule 1’’ facilities (15 CFR
712.5(f));
(4) Provide that ‘‘declared Schedule
1’’ facilities are subject to initial and
routine inspection by the Organization
for the Prohibition of Chemical
Weapons (15 CFR 712.5(e) and
716.1(b)(1));
(5) Require 200 days advance
notification of establishment of new
‘‘Schedule 1’’ production facilities
producing greater than 100 grams
aggregate of ‘‘Schedule 1’’ chemicals per
calendar year (15 CFR 712.4);
(6) Require advance notification and
annual reporting of all imports and
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19:50 Nov 14, 2007
Jkt 214001
exports of ‘‘Schedule 1’’ chemicals to, or
from, other States Parties to the
Convention (15 CFR 712.6, 742.18(a)(1)
and 745.1); and
(7) Prohibit the export of ‘‘Schedule
1’’ chemicals to States not Party to the
Convention (15 CFR 742.18(a)(1) and
(b)(1)(ii)).
Request for Comments
In order to assist in determining
whether the legitimate commercial
activities and interests of chemical,
biotechnology, and pharmaceutical
firms in the United States are
significantly harmed by the limitations
of the Convention on access to, and
production of, ‘‘Schedule 1’’ chemicals
as described in this notice, BIS is
seeking public comments on any effects
that implementation of the Chemical
Weapons Convention, through the
Chemical Weapons Convention
Implementation Act and the Chemical
Weapons Convention Regulations, has
had on commercial activities involving
‘‘Schedule 1’’ chemicals during calendar
year 2007. In response to last year’s
notice of inquiry, BIS received
comments from two companies. To
allow BIS to properly evaluate the
significance of any harm to commercial
activities involving ‘‘Schedule 1’’
chemicals, public comments submitted
in response to this notice of inquiry
should include both a quantitative and
qualitative assessment of the impact of
the CWC on such activities.
Submission of Comments
All comments must be submitted to
the address indicated in this notice. The
Department requires that all comments
be submitted in written form.
The Department encourages interested
persons who wish to comment to do so
at the earliest possible time. The period
for submission of comments will close
on December 17, 2007. The Department
will consider all comments received
before the close of the comment period.
Comments received after the end of the
comment period will be considered if
possible, but their consideration cannot
be assured. The Department will not
accept comments accompanied by a
request that a part or all of the material
be treated confidentially because of its
business proprietary nature or for any
other reason. The Department will
return such comments and materials to
the persons submitting the comments
and will not consider them. All
comments submitted in response to this
notice will be a matter of public record
and will be available for public
inspection and copying.
The Office of Administration, Bureau
of Industry and Security, U.S.
PO 00000
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Fmt 4703
Sfmt 4703
Department of Commerce, displays
public comments on the BIS Freedom of
Information Act (FOIA) Web site at
https://www.bis.doc.gov/foia. This office
does not maintain a separate public
inspection facility. If you have technical
difficulties accessing this Web site,
please call BIS’s Office of
Administration, at (202) 482–1093, for
assistance.
Dated: November 8, 2007.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. E7–22386 Filed 11–14–07; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–814]
Chlorinated Isocyanurates From Spain:
Final Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’ published its
preliminary results of the administrative
review of the antidumping duty order
on chlorinated isocyanurates
(‘‘chlorinated isos’’) from Spain on July
9, 2007. See Chlorinated Isocyanurates
from Spain: Preliminary Results of
Antidumping Duty Administrative
Review, 72 FR 37189 (July 9, 2007)
(‘‘Preliminary Results’’). The period of
review (‘‘POR’’) is December 20, 2004,
through May 31, 2006. We invited
interested parties to comment on our
Preliminary Results. Based on our
analysis of the comments received, we
have made changes to our calculations.
The final dumping margins from this
review are listed in the ‘‘Final Results
of Review’’ section below.
EFFECTIVE DATE: November 15, 2007.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin, 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.
SUPPLEMENTARY INFORMATION: On June
24, 2005, the Department published in
the Federal Register an antidumping
duty order on chlorinated isos from
Spain. See Chlorinated Isocyanurates
from Spain: Notice of Antidumping
Duty Order, 70 FR 36502 (June 24, 2005)
(‘‘Chlorinated Isos Order’’). On July 27,
2006, the Department published in the
AGENCY:
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Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Notices
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Federal Register a notice of the
initiation of the antidumping duty
administration review of chlorinated
isos from Spain for the period December
20, 2004, through May 31, 2006. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 71 FR 42626 (July 27, 2006).
The Department published the
preliminary results of these reviews on
July 9, 2007. See Preliminary Results.
We invited parties to comment on our
preliminary results of review. See
Preliminary Results, 72 FR at 37194.
The respondent Aragonesas Industrias y
´
Energıa S.A. (‘‘Aragonesas’’) and the
petitioners, Biolab, Inc., Clearon
Corporation and Occidental Chemical
Corporation (collectively, ‘‘the
petitioners’’), submitted case briefs on
August 8, 2007. Aragonesas and the
petitioners submitted rebuttal briefs on
August 22, 2007. On September 25,
2007, the Department held both a public
session and a closed session hearing
concerning these issues raised by the
parties in their briefs.
Scope of Antidumping Duty Order
The products covered by this order
are chlorinated isos. Chlorinated isos
are derivatives of cyanuric acid,
described as chlorinated s-triazine
triones. There are three primary
chemical compositions of chlorinated
isos: (1) trichloroisocyanuric acid
(C13(NCO)3); (2) sodium
dichloroisocyanurate (dihydrate)
(NaC12(NCO)3 2H20); and (3) sodium
dichloroisocyanurate (anhydrous)
(NaC12(NCO)3). Chlorinated isos are
available in powder, granular, and
tableted forms. This order covers all
chlorinated isos.
Chlorinated isos 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 isos and other
compounds including an infused
triazine ring. Although the HTSUS
subheadings are provided for
convenience and customers purposes,
and written description of the scope of
this order is dispositive.
Analysis of Comments Received
All issues raised in the briefs and
rebuttal briefs submitted by the parties
in these reviews are addressed in the
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19:50 Nov 14, 2007
Jkt 214001
Issues and Decision Memorandum,
which is hereby adopted by this notice.
A list of the issues which parties raised
and to which we responded in the
Issues and Decision Memorandum is
attached to this notice as an appendix.
The Issues and Decision Memorandum
is a public document which is on file in
the Central Records Unit in room B–099
in the main Department building, and is
accessible on the Web at https://
www.ia.ita.doc.gov/frn. The paper copy
and electronic version of the
memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have made changes in the
margin calculation for Aragonesas. For a
list of these changes, see Issues and
Decision Memorandum, at the section
titled ‘‘Changes in the Margin
Calculation Since the Preliminary
Results.’’
Final Results of Review
64195
instruct CBP to liquidate without regard
to antidumping duties any entries for
which the assessment rate is de minimis
(i.e., less than 0.50 percent).
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (‘‘Assessment
Policy Notice’’). This clarification will
apply to entries of subject merchandise
during the POR produced by the
company included in these final results
of review for which the reviewed
company did not know that the
merchandise it sold to the intermediary
(e.g., a reseller, trading company, or
exporter) was destined for the United
States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the ‘‘All Others’’ rate if there
is no rate for the intermediary involved
in the transaction. See Assessment
Policy Notice for a full discussion of this
clarification.
We determine that the following
percentage margin exists for the period
December 20, 2004, through May 31,
2006:
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of
chlorinated isos from Spain entered, or
withdrawn from warehouse, for
Weightedconsumption, effective on or after the
average
Manufacturer/exporter
margin
publication date of the final results of
(percentage)
this administrative review, as provided
for by section 751(a)(1) of the Act: (1)
Aragonesas Industrias y
´
Energıa S.A .......................
2.35 The cash deposit rate for the reviewed
company, Aragonesas, will be the rate
shown above; (2) for previously
Assessment
reviewed or investigated companies not
The Department shall determine, and
listed above, the cash deposit rate will
U.S. Customs and Border Protection
continue to be the company-specific rate
(‘‘CBP’’) shall assess, antidumping
published for the most recent period; (3)
duties on all appropriate entries, in
if the exporter is not a firm covered in
accordance with 19 CFR 351.212(b). In
this review, or the original investigation,
accordance with 19 CFR 351.212(b)(1),
but the manufacturer is, the cash
we calculated importer-specific ad
deposit rate will be the rate established
valorem duty assessment rates based on for the most recent period for the
the ratio of the total amount of
manufacturer of the merchandise; and
antidumping duties calculated for the
(4) the cash deposit rate for all other
examined sales to each importer, to the
manufacturers or exporters will be 24.83
total entered value of the examined
percent, the ‘‘All Others’’ rate made
sales for that importer. Where the
effective by the original investigation.
importer-specific assessment rate is
See Chlorinated Isos Order. These
above de minimis (i.e., 0.50 percent or
deposit requirements shall remain in
greater), we will instruct CBP to assess
effect until further notice.
the importer-specific rate uniformly, as
Notification to Importers
appropriate, on all entries of subject
merchandise during the POR that were
This notice serves as a final reminder
entered by the importer. The
to importers of their responsibility,
Department will issue instructions to
under 19 CFR 351.402(f)(2), to file a
CBP 15 days after the date of
certificate regarding the reimbursement
publication of these final results of
of antidumping duties prior to
review directing CBP to assess the final
liquidation of the relevant entries
assessment rates (if above de minimis)
during this review period. Failure to
uniformly on all entries of subject
comply with this requirement could
merchandise made by the relevant
result in the Secretary’s presumption
importer during the POR. Pursuant to 19 that reimbursement of antidumping
CFR 351.106(c)(2), the Department will
duties occurred and the subsequent
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64196
Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Notices
assessment of double antidumping
duties.
DEPARTMENT OF COMMERCE
Minority Business Development
Agency
Notification to Interested Parties
This notice serves as the only
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing these
final results of review in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: November 6, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
pwalker on PROD1PC71 with NOTICES
Appendix
Comment 1: Whether the Department
Should Grant a Level of Trade Adjustment.
A. Whether Certain Sales to Industrial
Customers Should Be Reclassified as Sales in
the Retail Channel of Distribution Due to
Product Characteristics.
B. Whether Evidence on the Record
Supports Aragonesas’ Reported Selling
Activity Intensity.
Comment 2: Whether the Department
Should Exclude Sales for Which Aragonesas
Reported No Freight Expenses in Calculating
the Average Rate by Which Aragonesas Overreported Home Market Inland Freight.
Comment 3: Whether the Department
Should Apply the Major Input Rule for
Valuing Caustic Soda and Chlorine Inputs.
Comment 4: Whether the Tableting and
Packaging Services Supplier Is Affiliated
With Aragonesas.
Comment 5: Whether the Department
Should Adjust Aragonesas’ G&A Expenses.
Comment 6: Whether the Department
Should Adjust Aragonesas’ Cost of
Production To Account for Costs That Were
Unreconciled After Verification.
Comment 7: Whether the Department
Should Deduct Unsubstantiated Interest
Income From Aragonesas’ Financial Expense
Ratio Calculation.
Comment 8: Whether the Department
Should Adjust the Reported Costs for
CONNUM 1111.
Comment 9: Whether the Department
Should Refrain From Zeroing Negative
Margins.
[FR Doc. 07–5700 Filed 11–14–07; 8:45 am]
BILLING CODE 3510–DS–M
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19:50 Nov 14, 2007
Jkt 214001
[Docket No.: 071107681–7682–01]
Extension of the Award Period for
Certain Native American Business
Enterprise Centers
Minority Business
Development Agency, Commerce.
ACTION: Notice.
AGENCY:
SUMMARY: The Minority Business
Development Agency (MBDA) is
publishing this notice to allow for up to
a 180-day funded extension, on a noncompetitive basis, of the award periods
for those Native American Business
Enterprise Centers (NABECs) identified
in this notice whose current award
period is scheduled to end on December
31, 2007. MBDA is taking this action to
allow for continued program delivery by
the identified NABEC operators while
MBDA completes the competitive
solicitation and award processes for the
next three (3) year NABEC award
period.
The award period and related
funding, if approved by the Department
of Commerce Grants Officer, will
commence January 1, 2008 and will
continue for a period not to exceed 180
days.
FOR FURTHER INFORMATION CONTACT: Mr.
Efrain Gonzalez, Chief, Office of
Business Development, Minority
Business Development Agency, 1401
Constitution Avenue, NW., Room 5075,
Washington, DC 20230. Mr. Gonzalez
may be reached by telephone at (202)
482–1940 and by e-mail at
egonzalez@mbda.gov.
DATES:
Pursuant
to Executive Order 11625, the NABEC
Program provides standardized business
assistance and development services
directly to Native American- and other
eligible minority-owned businesses. The
NABEC Program is a key component of
MBDA’s overall business development
assistance program and promotes the
growth and competitiveness of eligible
businesses and further incorporates an
entrepreneurial approach to the delivery
of client services. This entrepreneurial
strategy expands the reach and service
delivery of the NABEC Program by
requiring project operators to develop
and to build upon strategic alliances
with public and private sector partners
as a means of serving eligible businesses
within each NABEC’s applicable
geographical service area. MBDA
currently funds a network of eight (8)
SUPPLEMENTARY INFORMATION:
PO 00000
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Fmt 4703
Sfmt 4703
NABEC projects located throughout the
United States.
This notice amends MBDA’s prior
Federal Register notice dated August
29, 2003 (68 FR 51981), as amended on
September 30, 2003 (68 FR 56267),
February 11, 2004 (69 FR 6644),
February 19, 2004 (69 FR 7726) and
October 25, 2006 (71 FR 62420) to allow
for up to a 180-day funded extension, on
a non-competitive basis, of the award
period for the following five (5) NABECs
whose award period is scheduled to end
on December 31, 2007: Minnesota/Iowa
Statewide NABEC (Minnesota
Chippewa Tribe); North Dakota/South
Dakota Statewide NABEC (United
Tribes Technical College); Arizona
Statewide NABEC (The National Center
for American Indian Enterprise
Development); California Statewide
NABEC (The National Center for
American Indian Enterprise
Development); and the Northwest
NABEC (The National Center for
American Indian Enterprise
Development). MBDA is taking this
action to allow for continued program
delivery by the five identified NABEC
operators while MBDA completes the
competitive solicitation and award
processes for the next three (3) year
NABEC award period. The remaining
three (3) NABEC projects: North
Carolina Statewide NABEC (The
National Center for American Indian
Enterprise Development); New Mexico
Statewide NABEC (American Indian
Chamber of Commerce of New Mexico);
and the Oklahoma Statewide NABEC
(Rural Enterprises of Oklahoma, Inc.)
are not affected by this notice as their
respective awards period do not expire
until the end of July or August 2008 (as
the case may be).
The allowable award extensions and
additional funding set forth herein will
be made at the sole discretion of MBDA
and the Department of Commerce using
the evaluation criteria and process used
to determine the continuation of
funding during the original award
period (Program Years 1–4). In making
such determinations, the following
factors will be considered: (1) The
NABEC’s program performance rating
during the prior program period; (2) the
availability of appropriated funds; and
(3) MBDA and Department of Commerce
priorities. MBDA will review the
project’s performance rating as
evaluated through the standardized
performance reports and assessments
required under the NABEC Program.
Projects receiving below a
‘‘Satisfactory’’ performance rating in the
prior program period will be eligible for
an award extension under this notice.
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]]>Agencies
[Federal Register Volume 72, Number 220 (Thursday, November 15, 2007)]
[Notices]
[Pages 64194-64196]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5700]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-814]
Chlorinated Isocyanurates From Spain: Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'' published its
preliminary results of the administrative review of the antidumping
duty order on chlorinated isocyanurates (``chlorinated isos'') from
Spain on July 9, 2007. See Chlorinated Isocyanurates from Spain:
Preliminary Results of Antidumping Duty Administrative Review, 72 FR
37189 (July 9, 2007) (``Preliminary Results''). The period of review
(``POR'') is December 20, 2004, through May 31, 2006. We invited
interested parties to comment on our Preliminary Results. Based on our
analysis of the comments received, we have made changes to our
calculations. The final dumping margins from this review are listed in
the ``Final Results of Review'' section below.
EFFECTIVE DATE: November 15, 2007.
FOR FURTHER INFORMATION CONTACT: Thomas Martin, 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.
SUPPLEMENTARY INFORMATION: On June 24, 2005, the Department published
in the Federal Register an antidumping duty order on chlorinated isos
from Spain. See Chlorinated Isocyanurates from Spain: Notice of
Antidumping Duty Order, 70 FR 36502 (June 24, 2005) (``Chlorinated Isos
Order''). On July 27, 2006, the Department published in the
[[Page 64195]]
Federal Register a notice of the initiation of the antidumping duty
administration review of chlorinated isos from Spain for the period
December 20, 2004, through May 31, 2006. See Initiation of Antidumping
and Countervailing Duty Administrative Reviews and Request for
Revocation in Part, 71 FR 42626 (July 27, 2006).
The Department published the preliminary results of these reviews
on July 9, 2007. See Preliminary Results. We invited parties to comment
on our preliminary results of review. See Preliminary Results, 72 FR at
37194. The respondent Aragonesas Industrias y Energ[iacute]a S.A.
(``Aragonesas'') and the petitioners, Biolab, Inc., Clearon Corporation
and Occidental Chemical Corporation (collectively, ``the
petitioners''), submitted case briefs on August 8, 2007. Aragonesas and
the petitioners submitted rebuttal briefs on August 22, 2007. On
September 25, 2007, the Department held both a public session and a
closed session hearing concerning these issues raised by the parties in
their briefs.
Scope of Antidumping Duty Order
The products covered by this order are chlorinated isos.
Chlorinated isos are derivatives of cyanuric acid, described as
chlorinated s-triazine triones. There are three primary chemical
compositions of chlorinated isos: (1) trichloroisocyanuric acid
(C13(NCO)3); (2) sodium dichloroisocyanurate (dihydrate) (NaC12(NCO)3
2H20); and (3) sodium dichloroisocyanurate (anhydrous) (NaC12(NCO)3).
Chlorinated isos are available in powder, granular, and tableted forms.
This order covers all chlorinated isos.
Chlorinated isos 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 isos and other compounds including
an infused triazine ring. Although the HTSUS subheadings are provided
for convenience and customers purposes, and written description of the
scope of this order is dispositive.
Analysis of Comments Received
All issues raised in the briefs and rebuttal briefs submitted by
the parties in these reviews are addressed in the Issues and Decision
Memorandum, which is hereby adopted by this notice. A list of the
issues which parties raised and to which we responded in the Issues and
Decision Memorandum is attached to this notice as an appendix. The
Issues and Decision Memorandum is a public document which is on file in
the Central Records Unit in room B-099 in the main Department building,
and is accessible on the Web at https://www.ia.ita.doc.gov/frn. The
paper copy and electronic version of the memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made changes in
the margin calculation for Aragonesas. For a list of these changes, see
Issues and Decision Memorandum, at the section titled ``Changes in the
Margin Calculation Since the Preliminary Results.''
Final Results of Review
We determine that the following percentage margin exists for the
period December 20, 2004, through May 31, 2006:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(percentage)
------------------------------------------------------------------------
Aragonesas Industrias y Energ[iacute]a S.A.............. 2.35
------------------------------------------------------------------------
Assessment
The Department shall determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries, in accordance with 19 CFR 351.212(b). In
accordance with 19 CFR 351.212(b)(1), we calculated importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of antidumping duties calculated for the examined sales to each
importer, to the total entered value of the examined sales for that
importer. Where the importer-specific assessment rate is above de
minimis (i.e., 0.50 percent or greater), we will instruct CBP to assess
the importer-specific rate uniformly, as appropriate, on all entries of
subject merchandise during the POR that were entered by the importer.
The Department will issue instructions to CBP 15 days after the date of
publication of these final results of review directing CBP to assess
the final assessment rates (if above de minimis) uniformly on all
entries of subject merchandise made by the relevant importer during the
POR. Pursuant to 19 CFR 351.106(c)(2), the Department will instruct CBP
to liquidate without regard to antidumping duties any entries for which
the assessment rate is de minimis (i.e., less than 0.50 percent).
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(``Assessment Policy Notice''). This clarification will apply to
entries of subject merchandise during the POR produced by the company
included in these final results of review for which the reviewed
company did not know that the merchandise it sold to the intermediary
(e.g., a reseller, trading company, or exporter) was destined for the
United States. In such instances, we will instruct CBP to liquidate
unreviewed entries at the ``All Others'' rate if there is no rate for
the intermediary involved in the transaction. See Assessment Policy
Notice for a full discussion of this clarification.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of chlorinated isos from Spain entered, or withdrawn from
warehouse, for consumption, effective on or after the publication date
of the final results of this administrative review, as provided for by
section 751(a)(1) of the Act: (1) The cash deposit rate for the
reviewed company, Aragonesas, will be the rate shown above; (2) for
previously reviewed or investigated companies not listed above, the
cash deposit rate will continue to be the company-specific rate
published for the most recent period; (3) if the exporter is not a firm
covered in this review, or the original investigation, but the
manufacturer is, the cash deposit rate will be the rate established for
the most recent period for the manufacturer of the merchandise; and (4)
the cash deposit rate for all other manufacturers or exporters will be
24.83 percent, the ``All Others'' rate made effective by the original
investigation. See Chlorinated Isos Order. These deposit requirements
shall remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility, under 19 CFR 351.402(f)(2), to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
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assessment of double antidumping duties.
Notification to Interested Parties
This notice serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing these final results of review in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: November 6, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
Appendix
Comment 1: Whether the Department Should Grant a Level of Trade
Adjustment.
A. Whether Certain Sales to Industrial Customers Should Be
Reclassified as Sales in the Retail Channel of Distribution Due to
Product Characteristics.
B. Whether Evidence on the Record Supports Aragonesas' Reported
Selling Activity Intensity.
Comment 2: Whether the Department Should Exclude Sales for Which
Aragonesas Reported No Freight Expenses in Calculating the Average
Rate by Which Aragonesas Over-reported Home Market Inland Freight.
Comment 3: Whether the Department Should Apply the Major Input
Rule for Valuing Caustic Soda and Chlorine Inputs.
Comment 4: Whether the Tableting and Packaging Services Supplier
Is Affiliated With Aragonesas.
Comment 5: Whether the Department Should Adjust Aragonesas' G&A
Expenses.
Comment 6: Whether the Department Should Adjust Aragonesas' Cost
of Production To Account for Costs That Were Unreconciled After
Verification.
Comment 7: Whether the Department Should Deduct Unsubstantiated
Interest Income From Aragonesas' Financial Expense Ratio
Calculation.
Comment 8: Whether the Department Should Adjust the Reported
Costs for CONNUM 1111.
Comment 9: Whether the Department Should Refrain From Zeroing
Negative Margins.
[FR Doc. 07-5700 Filed 11-14-07; 8:45 am]
BILLING CODE 3510-DS-M
