Amended Final Results of Antidumping Duty Administrative Review: Chlorinated Isocyanurates from the People's Republic of China, 9091-9092 [E8-3014]

Download as PDF mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 33 / Tuesday, February 19, 2008 / Notices • Advance technology transfer from research institutions to the commercial marketplace. • Bolster critical infrastructure (e.g., transportation, communications, specialized training) to prepare economic regions to compete in the worldwide marketplace. 3. Investments that encourage entrepreneurship: • Cultivate a favorable entrepreneurial environment consistent with regional strategies. • Enable economic regions to identify innovative opportunities among growthoriented small and medium-size enterprises. • Promote community and faithbased entrepreneurship programs aimed at improving economic performance in an economic region. 4. 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Paperwork Reduction Act: This document contains collection-ofinformation requirements subject to the VerDate Aug<31>2005 16:52 Feb 15, 2008 Jkt 214001 Paperwork Reduction Act (PRA). The use of Forms ED–900P (Pre-Application for Investment Assistance) and ED– 900A (Application for Investment Assistance) has been approved by the Office of Management and Budget (OMB) under the control number 0610– 0094. The use of Form SF–424 (Application for Financial Assistance) has been approved under OMB control number 4040–0004. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA unless that collection of information displays a currently valid OMB control number. Executive Order 12866 (Regulatory Planning and Review): This notice has been determined to be not significant for purposes of Executive Order 12866. Executive Order 13132 (Federalism): It has been determined that this notice does not contain policies with Federalism implications as that term is defined in Executive Order 13132. Administrative Procedure Act/ Regulatory Flexibility Act: Prior notice and an opportunity for public comments are not required by the Administrative Procedure Act or any other law for rules concerning grants, benefits, and contracts (5 U.S.C. 553(a)(2)). Because notice and opportunity for comment are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601, et seq.) are inapplicable. Therefore, a regulatory flexibility analysis has not been prepared. Dated: February 11, 2008. Benjamin Erulkar, Deputy Assistant Secretary of Commerce for Economic Development. [FR Doc. E8–3022 Filed 2–15–08; 8:45 am] BILLING CODE 3510–24–P 9091 first administrative review of the antidumping duty order on chlorinated isocyanurates from the People’s Republic of China (‘‘PRC’’). See Chlorinated Isocyanurates from the People’s Republic of China: Final Results of the Antidumping Duty Administrative Review, 73 FR 159 (January 2, 2008) (‘‘Final Results’’), and accompanying Issues and Decision Memorandum. The period of review covered December 16, 2004, through May 31, 2006. We are amending our Final Results to correct ministerial errors made in the calculation of the antidumping duty margin for Hebei Jiheng Chemical Company Ltd. (‘‘Jiheng Chemical’’), pursuant to section 751(h) of the Tariff Act of 1930, as amended (‘‘Act’’). February 19, 2008. FOR FURTHER INFORMATION CONTACT: Katharine Huang or Charles Riggle, AD/ CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1271 or (202) 482– 0650, respectively. SUPPLEMENTARY INFORMATION: EFFECTIVE DATE: Background On December 26, 2007, Clearon Corporation (‘‘Clearon’’) and Occidental Chemical Corporation (‘‘Petitioners’’), petitioners in the underlying investigation, BioLab, Inc. (‘‘BioLab’’), a domestic producer of the like product, and Hebei Jiheng Chemical Company Ltd. (‘‘Jiheng Chemical’’), the respondent in this proceeding, filed timely ministerial error allegations with respect to the Department’s antidumping duty margin calculation in the Final Results. On December 31, 2007, Petitioners and Jiheng Chemical filed timely rebuttal comments. Scope of Order DEPARTMENT OF COMMERCE International Trade Administration [A–570–898] Amended Final Results of Antidumping Duty Administrative Review: Chlorinated Isocyanurates from the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On January 2, 2008, the Department of Commerce (‘‘Department’’) published in the Federal Register the final results of the AGENCY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 The products covered by this order are chlorinated isocyanurates, as described below: 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\19FEN1.SGM 19FEN1 9092 Federal Register / Vol. 73, No. 33 / Tuesday, February 19, 2008 / Notices Chlorinated isocyanurates are currently classifiable under subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.40.50, 3808.50.40 and 3808.94.50.00 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. Ministerial Errors A ministerial error as defined in section 751(h) of the Act ‘‘includes an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the Secretary considers ministerial.’’ See also 19 CFR 351.224(f). After analyzing all interested parties’ comments, we have determined, in accordance with 19 CFR 351.224(e), that ministerial errors existed in certain calculations for Jiheng Chemical in the Final Results. Correction of these errors results in a change to Jiheng Chemical’s final antidumping duty margin. The rate for the PRC–wide entity remains unchanged. For a detailed discussion of Original Weighted Average Margin Percentage Exporter/Manufacturer Hebei Jiheng Chemical Company Ltd. ............................................ mstockstill on PROD1PC66 with NOTICES Assessment Rates The Department intends to issue assessment instructions to U.S. Customs and Border Protection (‘‘CBP’’) 15 days after the date of publication of these amended final results of review. In accordance with 19 CFR 351.212(b)(1), we have calculated importer–specific assessment rates for merchandise subject to this review. Cash Deposit Requirements The following deposit requirements will be effective upon publication of this notice of amended final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2)(C) of the Act: (1) for subject merchandise exported by Jiheng Chemical, the cash deposit rate will be 20.10 percent; (2) for previously reviewed or investigated exporters not listed above that have separate rates, the cash–deposit rate will continue to be the exporter–specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise, which have not been found to be entitled to a separate rate, the cash–deposit rate will be the PRC–wide rate of 285.63 percent; and (4) for all non–PRC exporters of subject merchandise that have not received their own rate, the cash– deposit rate will be the rate applicable to the PRC exporter that supplied that non–PRC exporter. These deposit requirements shall remain in effect until further notice. VerDate Aug<31>2005 16:52 Feb 15, 2008 Jkt 214001 these ministerial errors, as well as the Department’s analysis, see Memorandum to Wendy J. Frankel, Director, AD/CVD Operations, Office 8, from Katharine G. Huang, International Trade Compliance Analyst, through Charles Riggle, Program Manager, AD/ CVD Operations, Office 8: Analysis of Ministerial Error Allegations in Final Results for Antidumping Duty Review on Chlorinated Isocyanurates from the People’s Republic of China, dated February 11, 2008. Therefore, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results of the administrative review of chlorinated isocyanurates from the PRC. The revised final weighted–average dumping margin for Jiheng Chemical is as follows: 18.44 Notification of Interested Parties This notice also 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 the antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APOs’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation that is subject to sanction. We are issuing and publishing this determination and notice in accordance with sections 751(a) and 777(i) of the Act. PO 00000 Frm 00007 Fmt 4703 Amended Weighted- Average margin Percentage Sfmt 4703 20.10 Dated: February 11, 2008. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E8–3014 Filed 2–15–08; 8:45 am] Billing Code: 3510–DR–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XA81 Small Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Construction and Operation of a Liquefied Natural Gas Facility off Massachusetts National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; proposed incidental harassment authorization; receipt of application for letter of authorization; request for comments and information. AGENCY: SUMMARY: NMFS received an application from Neptune LNG, L.L.C. (Neptune) for take of marine mammals, by Level B harassment, incidental to construction and operation of an offshore liquefied natural gas (LNG) facility in Massachusetts Bay. Under the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to Neptune to incidentally take, by E:\FR\FM\19FEN1.SGM 19FEN1

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[Federal Register Volume 73, Number 33 (Tuesday, February 19, 2008)]
[Notices]
[Pages 9091-9092]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3014]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


Amended Final Results of Antidumping Duty Administrative Review: 
Chlorinated Isocyanurates from the People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On January 2, 2008, the Department of Commerce 
(``Department'') published in the Federal Register the final results of 
the first administrative review of the antidumping duty order on 
chlorinated isocyanurates from the People's Republic of China 
(``PRC''). See Chlorinated Isocyanurates from the People's Republic of 
China: Final Results of the Antidumping Duty Administrative Review, 73 
FR 159 (January 2, 2008) (``Final Results''), and accompanying Issues 
and Decision Memorandum. The period of review covered December 16, 
2004, through May 31, 2006. We are amending our Final Results to 
correct ministerial errors made in the calculation of the antidumping 
duty margin for Hebei Jiheng Chemical Company Ltd. (``Jiheng 
Chemical''), pursuant to section 751(h) of the Tariff Act of 1930, as 
amended (``Act'').

EFFECTIVE DATE: February 19, 2008.

FOR FURTHER INFORMATION CONTACT: Katharine Huang or Charles Riggle, AD/
CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1271 
or (202) 482-0650, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 26, 2007, Clearon Corporation (``Clearon'') and 
Occidental Chemical Corporation (``Petitioners''), petitioners in the 
underlying investigation, BioLab, Inc. (``BioLab''), a domestic 
producer of the like product, and Hebei Jiheng Chemical Company Ltd. 
(``Jiheng Chemical''), the respondent in this proceeding, filed timely 
ministerial error allegations with respect to the Department's 
antidumping duty margin calculation in the Final Results. On December 
31, 2007, Petitioners and Jiheng Chemical filed timely rebuttal 
comments.

Scope of Order

    The products covered by this order are chlorinated isocyanurates, 
as described below:
    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 (Cl[bdi3](NCO)[bdi3]), (2) sodium 
dichloroisocyanurate (dihydrate) 
(NaCl[bdi2](NCO)[bdi3]2H[bdi2]O), and (3) sodium 
dichloroisocyanurate (anhydrous) (NaCl[bdi2](NCO)[bdi3]). Chlorinated 
isocyanurates are available in powder, granular, and tableted forms. 
This order covers all chlorinated isocyanurates.

[[Page 9092]]

    Chlorinated isocyanurates are currently classifiable under 
subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.40.50, 
3808.50.40 and 3808.94.50.00 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.

Ministerial Errors

    A ministerial error as defined in section 751(h) of the Act 
``includes an error in addition, subtraction, or other arithmetic 
function, clerical error resulting from inaccurate copying, 
duplication, or the like, and any other type of unintentional error 
which the Secretary considers ministerial.'' See also 19 CFR 
351.224(f).
    After analyzing all interested parties' comments, we have 
determined, in accordance with 19 CFR 351.224(e), that ministerial 
errors existed in certain calculations for Jiheng Chemical in the Final 
Results. Correction of these errors results in a change to Jiheng 
Chemical's final antidumping duty margin. The rate for the PRC-wide 
entity remains unchanged. For a detailed discussion of these 
ministerial errors, as well as the Department's analysis, see 
Memorandum to Wendy J. Frankel, Director, AD/CVD Operations, Office 8, 
from Katharine G. Huang, International Trade Compliance Analyst, 
through Charles Riggle, Program Manager, AD/CVD Operations, Office 8: 
Analysis of Ministerial Error Allegations in Final Results for 
Antidumping Duty Review on Chlorinated Isocyanurates from the People's 
Republic of China, dated February 11, 2008. Therefore, in accordance 
with section 751(h) of the Act and 19 CFR 351.224(e), we are amending 
the Final Results of the administrative review of chlorinated 
isocyanurates from the PRC. The revised final weighted-average dumping 
margin for Jiheng Chemical is as follows:

----------------------------------------------------------------------------------------------------------------
                                           Original Weighted Average Margin    Amended Weighted- Average margin
          Exporter/Manufacturer                       Percentage                          Percentage
----------------------------------------------------------------------------------------------------------------
Hebei Jiheng Chemical Company Ltd.......                               18.44                               20.10
----------------------------------------------------------------------------------------------------------------

Assessment Rates

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (``CBP'') 15 days after the date of 
publication of these amended final results of review. In accordance 
with 19 CFR 351.212(b)(1), we have calculated importer-specific 
assessment rates for merchandise subject to this review.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of amended final results of administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(2)(C) of the Act: (1) for 
subject merchandise exported by Jiheng Chemical, the cash deposit rate 
will be 20.10 percent; (2) for previously reviewed or investigated 
exporters not listed above that have separate rates, the cash-deposit 
rate will continue to be the exporter-specific rate published for the 
most recent period; (3) for all PRC exporters of subject merchandise, 
which have not been found to be entitled to a separate rate, the cash-
deposit rate will be the PRC-wide rate of 285.63 percent; and (4) for 
all non-PRC exporters of subject merchandise that have not received 
their own rate, the cash-deposit rate will be the rate applicable to 
the PRC exporter that supplied that non-PRC exporter. These deposit 
requirements shall remain in effect until further notice.

Notification of Interested Parties

    This notice also 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 the antidumping duties occurred and the subsequent 
assessment of double antidumping duties. This notice also serves as a 
reminder to parties subject to administrative protective orders 
(``APOs'') of their responsibility concerning the return or destruction 
of proprietary information disclosed under APO in accordance with 19 
CFR 351.305, which continues to govern business proprietary information 
in this segment of the proceeding. Timely written notification of the 
return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a violation that is subject to 
sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a) and 777(i) of the Act.

    Dated: February 11, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-3014 Filed 2-15-08; 8:45 am]
Billing Code: 3510-DR-S
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