Chlorinated Isocyanurates from Spain: Final Results of Antidumping Duty Administrative Review, 79789-79791 [E8-30995]

Download as PDF 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 http://www.gpoaccess.gov/fr/index.html 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 E:\FR\FM\30DEN1.SGM 30DEN1 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 http:// 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: VerDate Aug<31>2005 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 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\30DEN1.SGM 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. E:\FR\FM\30DEN1.SGM 30DEN1

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 
http://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