Chlorinated Isocyanurates from Spain: Final Results of Antidumping Duty Administrative Review, 79789-79791 [E8-30995]
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79789
Notices
Federal Register
Vol. 73, No. 250
Tuesday, December 30, 2008
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
Notice of a Public Meeting on Interim
Rule for Rural Development
Guaranteed Loan Programs
pwalker on PROD1PC71 with NOTICES
AGENCY: Rural Business-Cooperative
Service, USDA.
ACTION: Notice of public meeting.
SUMMARY: The Rural BusinessCooperative Service, Rural Housing
Service, and Rural Utilities Service, all
Agencies within the USDA Rural
Development Mission Area, have
scheduled an informational and training
workshop for new and existing lenders
of the Mission Area’s guaranteed loan
programs. The purpose of this workshop
is to familiarize lenders with the new
guaranteed loan program regulation, 7
CFR Part 5001, published in the Federal
Register on December 17, 2008. The
new rule pertains to the Business and
Industry, Community Facilities, Water
and Waste Disposal, and Rural Energy
for America guaranteed loan programs.
DATES: The workshop will be held in
Irving, Texas at the Wyndham Dallas
DFW Hotel on January 15, 2009 from
9 a.m. to 12:30 p.m. CST.
ADDRESSES: Wyndham Dallas DFW
Hotel, 4441 W. John Carpenter Freeway,
Irving, Texas 75063. Telephone: 972–
929–8181.
Instructions for Participation: Preregistration is strongly encouraged by
contacting Chad Stovall at 202–720–
2948 or chad.stovall@wdc.usda.gov. The
deadline for pre-registration is January
8, 2009. On-site registration will begin
at 8:30 a.m. CST. The workshop will
begin at 9 a.m. and conclude by
12:30 p.m. Rural Development
representatives will be available to
direct you to the meeting room.
FOR FURTHER INFORMATION CONTACT:
Chad Stovall, Rural BusinessCooperative Service, South Building,
Room 5803, 1400 Independence
Avenue, SW., Washington, DC 20250–
VerDate Aug<31>2005
00:29 Dec 30, 2008
Jkt 217001
3201. Telephone: 202–720–2948. Email: chad.stovall@wdc.usda.gov.
SUPPLEMENTARY INFORMATION: The
interim rule was developed by Rural
Development’s Delivery Enhancement
Task Force (DET), which was
established in 2006 to simplify the
delivery of Rural Development
guaranteed loan programs while
reducing administrative and operational
costs. The rule is expected to enable
Rural Development to administer and
deliver the existing programs more
efficiently through a unified regulatory
platform. The rule can be reviewed at
https://www.gpoaccess.gov/fr/
or page 76697 of the December 17, 2008
edition of the Federal Register.
Dated: December 19, 2008.
Ben Anderson,
Administrator, Rural Business-Cooperative
Service.
[FR Doc. E8–31031 Filed 12–29–08; 8:45 am]
BILLING CODE 3410–XY–P
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 10, 2008. See
Chlorinated Isocyanurates from Spain:
Preliminary Results of Antidumping
Duty Administrative Review, 73 FR
39650 (July 10, 2008) (Preliminary
Results). The period of review (POR) is
June 1, 2006 through May 31, 2007. 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 margin for this
review is listed in the ‘‘Final Results of
Review’’ section below.
EFFECTIVE DATE: December 30, 2008.
FOR FURTHER INFORMATION CONTACT:
Scott Lindsay, AD/CVD Operations,
Office 6, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone (202)
482–0780.
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 36562 (June 24, 2005)
(Chlorinated Isos Order). On July 26,
2007, the Department published in the
Federal Register a notice of the
initiation of the antidumping duty
administrative review of chlorinated
isos from Spain for the period June 1,
2006 through May 31, 2007. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 72 FR 41057 (July 26, 2007).
The Department published the
preliminary results of this review on
July 10, 2008. See Preliminary Results.
We invited parties to comment on our
preliminary results of review. See
Preliminary Results. The respondent,
´
Aragonesas Industrias y Energıa S.A.
(Aragonesas) and the petitioners,
Clearon Corporation and Occidental
Chemical Corporation (collectively, the
petitioners), submitted case briefs on
August 11, 2008. Aragonesas and the
petitioners submitted rebuttal briefs on
August 18, 2008. On September 23,
2007, the Department held a public
hearing concerning the issues raised by
the parties in their briefs.
On November 10, 2008, the
Department extended the time limits for
the final results of administrative review
until December 10, 2008. See
Chlorinated Isocyanurates from Spain:
Extension of Time Limit for Final
Results of Antidumping Duty
Administrative Review, 73 FR 66594
(November 10, 2008). On December 16,
2008, the Department extended the time
limits for the final results of this
administrative review until December
18, 2008. See Chlorinated Isocyanurates
from Spain: Extension of Time Limit for
Final Results of Antidumping Duty
Administrative Review, 73 FR 76335
(December 16, 2008).
SUPPLEMENTARY INFORMATION:
Scope of Antidumping Duty Order
The products covered by the order are
chlorinated isocyanurates. Chlorinated
isocyanurates are derivatives of
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79790
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Notices
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.
The order covers all chlorinated
isocyanurates.
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 isoscyanurates
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 the
order is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by the parties
in these reviews are addressed in the
memorandum from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, to David M. Spooner,
Assistant Secretary for Import
Administration, Antidumping Duty
Administrative Review of Chlorinated
Isocyanurates from Spain: Issues and
Decision Memorandum for the Final
Results (Issues and Decision
Memorandum), dated concurrently
with, and 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 1114
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.
pwalker on PROD1PC71 with NOTICES
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 Memorandum
to the File, from Scott Lindsay, Case
Analyst, Antidumping Duty Review of
Chlorinated Isocyanurates from Spain:
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00:29 Dec 30, 2008
Jkt 217001
withdrawn from warehouse, for
consumption on or after the publication
date, consistent with section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for the reviewed company,
Final Results of Review
Aragonesas, will be the rate shown
We determine that the following
above; (2) if the exporter is not a firm
percentage margin exists for the period
covered in this review, but was covered
June 1, 2006 through May 31, 2007:
in a previous review or the original
LTFV investigation, the cash deposit
Weighted–Average
rate will continue to be the company–
Manufacturer/Exporter
Margin (percentage)
specific rate published for the most
recent period; (3) if the exporter is not
Aragonesas Industrias y
a firm covered in this review, a prior
´
Energıa S.A. ..............
4.07
review, or the original LTFV
investigation, but the manufacturer is,
Assessment
the cash deposit rate will be the rate
The Department shall determine, and
established for the most recent period
U.S. Customs and Border Protection
for the manufacturer of the
(CBP) shall assess, antidumping duties
merchandise; and (4) if neither the
on all appropriate entries, pursuant to
exporter nor the manufacturer is a firm
section 771(a)(1)(B) of the Tariff Act of
covered in this or any previous review
1930 (the Act), and 19 CFR 351.212(b).
conducted by the Department, the cash
We will instruct CBP to assess
deposit rate will continue to be the ‘‘All
antidumping duties on all appropriate
Others’’ rate established in the original
entries covered by this review if the
LTFV investigation, which results in a
importer–specific assessment rate is
rate of 24.83 percent. See Chlorinated
above de minimis (i.e., at or above 0.50
Isos Order. These deposit requirements
percent). Pursuant to 19 CFR
shall remain in effect until further
351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping notice.
duties any entries for which the
Notification to Importers
assessment rate is de minimis (i.e., less
than 0.50 percent). The Department
This notice serves as a final reminder
intends to issue assessment instructions to importers of their responsibility,
to CBP 15 days after the date of
under 19 CFR 351.402(f)(2), to file a
publication of these final results of
certificate regarding the reimbursement
review.
of antidumping duties prior to
The Department clarified its
liquidation of the relevant entries
‘‘automatic assessment’’ regulation on
during this review period. Failure to
May 6, 2003. See Antidumping and
comply with this requirement could
Countervailing Duty Proceedings:
result in the Secretary’s presumption
Assessment of Antidumping Duties, 68
that reimbursement of antidumping
FR 23954 (May 6, 2003). This
duties occurred and the subsequent
clarification will apply to entries of
assessment of double antidumping
subject merchandise during the POR
duties.
produced by any of the companies for
which we are rescinding this review,
Notification to Interested Parties
and for which each no–shipment
This notice serves as the only
respondent did not know its
reminder to parties subject to
merchandise would be exported by
administrative protective order (APO) of
another company to the United States.
their responsibility concerning the
In such instances, we will instruct CBP
disposition of proprietary information
to liquidate unreviewed entries at the
‘‘All Others’’ rate if there is no rate for
disclosed under APO in accordance
the intermediate company(ies) involved with 19 CFR 351.305(a)(3). Timely
in the transaction. The ‘‘All Others’’ rate written notification of return/
established in the original less than fair
destruction of APO materials or
value (LTFV) investigation is 24.83
conversion to judicial protective order is
percent. See Chlorinated Isos Order.
hereby requested. Failure to comply
with the regulations and the terms of an
Cash Deposit Requirements
APO is a sanctionable violation.
The following cash deposit
We are issuing and publishing these
requirements will be effective upon
final results of review in accordance
publication of the final results of this
with sections 751(a)(1) and 777(i)(1) of
administrative review for all shipments
the Act.
of the subject merchandise entered, or
Calculation Memorandum for the Final
Results (December 18, 2008) at the
section titled ‘‘Changes from the
Preliminary Results.’’
PO 00000
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30DEN1
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Notices
Dated: December 18, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
NW, Washington, DC 20230, telephone:
(202) 482–3338.
SUPPLEMENTARY INFORMATION:
Background
Appendix
GENERAL ISSUES:
Issue 1: Whether the Department Should
Grant a Level of Trade Adjustment
Issue 2: Whether the Department Should
Refrain From Zeroing Negative Margins
Issue 3: Whether the Department Should
Apply the Major Input Rule for Valuing
Caustic Soda and Chlorine Inputs
Issue 4: Whether the Department Should
Adjust Aragonesas’s General and
Administrative Expenses
Issue 5: Whether the Department Should
Adjust Aragonesas’s Comparison Market
Movement Expense
[FR Doc. E8–30995 Filed 12–29–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(C–533–821)
pwalker on PROD1PC71 with NOTICES
Certain Hot–Rolled Carbon Steel Flat
Products from India: Notice of
Preliminary Results and Partial
Rescission of Countervailing Duty
Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
countervailing duty (CVD) order on
certain hot–rolled carbon steel flat
products from India for the period
January 1, 2007, through December 31,
2007, the period of review (POR). These
preliminary results cover one company
Essar Steel Ltd. (Essar). For the
information on the net subsidy rate for
the reviewed company, see the
‘‘Preliminary Results of Review’’
section.
We are preliminarily rescinding the
administrative review regarding Ispat
Industries Limited (Ispat), JSW Steel
Limited (JSW), and Tata Steel Limited
(Tata) due to the fact that they had no
shipments during the POR. For more
information on Ispat, JSW, and Tata’s
shipments during the POR, see the
‘‘Background’’ section of this notice.
EFFECTIVE DATE: December 30, 2008.
FOR FURTHER INFORMATION CONTACT:
Gayle Longest, AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, Room
4014, 14th Street and Constitution Ave.,
VerDate Aug<31>2005
00:29 Dec 30, 2008
Jkt 217001
On December 3, 2001, the Department
published in the Federal Register the
CVD order on certain hot–rolled carbon
steel flat products from India. See
Notice of Amended Final Determination
and Notice of Countervailing Duty
Orders: Certain Hot–Rolled Carbon Steel
Flat Products From India and Indonesia,
66 FR 60198 (December 3, 2001)
(Amended Final Determination of HRC
Investigation). On December 3, 2007, the
Department published a notice of
opportunity to request an administrative
review of this CVD order. See
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review, 72 FR 67889
(December 3, 2007). On December 28,
2007, we received a timely request for
review from Essar, an Indian producer
and exporter of the subject merchandise.
On December 31, 2007, United States
Steel Corporation (petitioner) requested
that the Department conduct an
administrative review of the CVD order
on certain hot–rolled carbon steel flat
products from India with respect to
Essar, Ispat, JSW and Tata.
On January 28, 2008, the Department
initiated an administrative review of the
CVD order on certain hot–rolled carbon
steel flat products from India, covering
the period January 1, 2007, through
December 31, 2007. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for
Revocation in Part, 73 FR 4829 (January
28, 2008).
On February 26, 2008, Ispat and Tata
notified the Department that it had no
shipments during the POR. On February
28, 2008, the Department issued a
questionnaire to the Government of
India (GOI), Essar, and JSW. On March
5, 2008, JSW notified the Department
that it had no shipments during the
POR. The Department reviewed U.S.
Customs and Border Protection (CBP)
information concerning entries of
subject merchandise during the POR
and determined that there were no
shipments from Ispat, JSW or Tata. See
Memorandum to the File through Eric
Greynolds regarding ‘‘Entries Subject to
the 2007 Countervailing Duty
Administrative Review,’’ (September 9,
2008) which is on file in the Central
Records Unit (CRU), room 1117, of the
main Commerce Building. The
Department did however find that Essar
had entries of the subject merchandise
during the POR. See Id.
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
79791
On May 5, 2008, we received a
questionnaire response from the GOI
with the accompanying exhibits filed on
May 9, 2008. As discussed below, the
GOI’s submission did not contain
responses concerning certain programs
such as the Special Economic Zone Act
of 2005 (2005 SEZ Act) and programs
administered by the state governments.
In spite of repeated extensions, the GOI
did not file responses concerning these
programs.
We received a questionnaire response
from Essar on May 12, 2008. We issued
supplemental questionnaires to the GOI
and Essar regarding programs addressed
in the initial CVD questionnaire and
received supplemental questionnaire
responses. In the case of JSW, on May
12, 2008, the company submitted a
letter to the Department stating that it
had no shipments of the subject
merchandise during the POR. Therefore,
JSW did not respond to the initial
questionnaire.
On May 29, 2008, petitioner
submitted new subsidy allegations
pertaining to Essar. On July 30, 2008,
the Department published in the
Federal Register an extension of the
deadline for the preliminary results of
this review. See Hot–Rolled Carbon
Steel Products From India: Extension of
Time Limit for Preliminary Results of
Countervailing Duty Administrative
Review, 73 FR 44220 (July 30, 2008). On
September 25, 2008, the Department
initiated an investigation of the new
subsidies allegations regarding Essar.1
On September 26, 2008, we issued the
new subsidies questionnaire to Essar
and the GOI. On October 10, 2008, and
October 17, 2008, we received responses
to our new subsidies questionnaires
from the GOI and Essar, respectively.
From October 14, 2008, through October
31, 2008, we received responses to our
new subsidies supplemental
questionnaires from the GOI.
In accordance with 19 CFR
351.213(b), this review covers only
those producers or exporters for which
a review was specifically requested. The
company subject to this review is Essar.
This review covers 59 programs.
Scope of Order
The merchandise subject to this order
is certain hot–rolled flat–rolled carbon–
quality steel products of a rectangular
shape, of a width of 0.5 inch or greater,
neither clad, plated, nor coated with
1 See Memorandum to Melissa G. Skinner,
Director, Office 3, through Eric B. Greynolds,
Program Manager, from Gayle Longest, Case
Analyst, regarding ‘‘New Subsidy Allegations for
Essar Steel Limited’’ (September 25, 2008). This
public document is available on the public file in
the Department’s CRU located in room 1117.
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]]>Agencies
[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Notices]
[Pages 79789-79791]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30995]
=======================================================================
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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 10, 2008. See Chlorinated Isocyanurates from Spain: Preliminary
Results of Antidumping Duty Administrative Review, 73 FR 39650 (July
10, 2008) (Preliminary Results). The period of review (POR) is June 1,
2006 through May 31, 2007. 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
margin for this review is listed in the ``Final Results of Review''
section below.
EFFECTIVE DATE: December 30, 2008.
FOR FURTHER INFORMATION CONTACT: Scott Lindsay, AD/CVD Operations,
Office 6, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone (202) 482-0780.
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 36562 (June 24, 2005) (Chlorinated Isos
Order). On July 26, 2007, the Department published in the Federal
Register a notice of the initiation of the antidumping duty
administrative review of chlorinated isos from Spain for the period
June 1, 2006 through May 31, 2007. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Request for Revocation
in Part, 72 FR 41057 (July 26, 2007).
The Department published the preliminary results of this review on
July 10, 2008. See Preliminary Results. We invited parties to comment
on our preliminary results of review. See Preliminary Results. The
respondent, Aragonesas Industrias y Energ[iacute]a S.A. (Aragonesas)
and the petitioners, Clearon Corporation and Occidental Chemical
Corporation (collectively, the petitioners), submitted case briefs on
August 11, 2008. Aragonesas and the petitioners submitted rebuttal
briefs on August 18, 2008. On September 23, 2007, the Department held a
public hearing concerning the issues raised by the parties in their
briefs.
On November 10, 2008, the Department extended the time limits for
the final results of administrative review until December 10, 2008. See
Chlorinated Isocyanurates from Spain: Extension of Time Limit for Final
Results of Antidumping Duty Administrative Review, 73 FR 66594
(November 10, 2008). On December 16, 2008, the Department extended the
time limits for the final results of this administrative review until
December 18, 2008. See Chlorinated Isocyanurates from Spain: Extension
of Time Limit for Final Results of Antidumping Duty Administrative
Review, 73 FR 76335 (December 16, 2008).
Scope of Antidumping Duty Order
The products covered by the order are chlorinated isocyanurates.
Chlorinated isocyanurates are derivatives of
[[Page 79790]]
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. The order covers all chlorinated
isocyanurates.
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 isoscyanurates 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 the order is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by the
parties in these reviews are addressed in the memorandum from Stephen
J. Claeys, Deputy Assistant Secretary for Import Administration, to
David M. Spooner, Assistant Secretary for Import Administration,
Antidumping Duty Administrative Review of Chlorinated Isocyanurates
from Spain: Issues and Decision Memorandum for the Final Results
(Issues and Decision Memorandum), dated concurrently with, and 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
1114 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
Memorandum to the File, from Scott Lindsay, Case Analyst, Antidumping
Duty Review of Chlorinated Isocyanurates from Spain: Calculation
Memorandum for the Final Results (December 18, 2008) at the section
titled ``Changes from the Preliminary Results.''
Final Results of Review
We determine that the following percentage margin exists for the
period June 1, 2006 through May 31, 2007:
------------------------------------------------------------------------
Weighted-Average
Manufacturer/Exporter Margin
(percentage)
------------------------------------------------------------------------
Aragonesas Industrias y Energ[iacute]a S.A.......... 4.07
------------------------------------------------------------------------
Assessment
The Department shall determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, pursuant to section 771(a)(1)(B) of the Tariff Act of 1930
(the Act), and 19 CFR 351.212(b). We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review if
the importer-specific assessment rate is above de minimis (i.e., at or
above 0.50 percent). Pursuant to 19 CFR 351.106(c)(2), we 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 intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review.
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). This
clarification will apply to entries of subject merchandise during the
POR produced by any of the companies for which we are rescinding this
review, and for which each no-shipment respondent did not know its
merchandise would be exported by another company to 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 intermediate
company(ies) involved in the transaction. The ``All Others'' rate
established in the original less than fair value (LTFV) investigation
is 24.83 percent. See Chlorinated Isos Order.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, consistent
with section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the
reviewed company, Aragonesas, will be the rate shown above; (2) if the
exporter is not a firm covered in this review, but was covered in a
previous review or the original LTFV investigation, 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, a prior review, or the original LTFV 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)
if neither the exporter nor the manufacturer is a firm covered in this
or any previous review conducted by the Department, the cash deposit
rate will continue to be the ``All Others'' rate established in the
original LTFV investigation, which results in a rate of 24.83 percent.
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
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.
[[Page 79791]]
Dated: December 18, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix
GENERAL ISSUES:
Issue 1: Whether the Department Should Grant a Level of Trade
Adjustment
Issue 2: Whether the Department Should Refrain From Zeroing Negative
Margins
Issue 3: Whether the Department Should Apply the Major Input Rule for
Valuing Caustic Soda and Chlorine Inputs
Issue 4: Whether the Department Should Adjust Aragonesas's General and
Administrative Expenses
Issue 5: Whether the Department Should Adjust Aragonesas's Comparison
Market Movement Expense
[FR Doc. E8-30995 Filed 12-29-08; 8:45 am]
BILLING CODE 3510-DS-S
