Chlorinated Isocyanurates from Spain: Final Results of Antidumping Duty Administrative Review, 50774-50775 [E9-23705]
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Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices
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 comment are not required by the
Administrative Procedure Act or any
other law for rules concerning public
property, loans, 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.
September 29, 2009.
John H. Dunnigan,
Assistant Administrator for Ocean Services
and Coastal Zone Management.
[FR Doc. E9–23819 Filed 9–30–09; 8:45 am]
BILLING CODE 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 the preliminary
results of administrative review of the
antidumping duty order on chlorinated
isocyanurates (chlorinated isos) from
Spain on May 27, 2009. See Chlorinated
Isocyanurates from Spain: Preliminary
Results and Rescission, in Part, of
Antidumping Duty Administrative
Review, 74 FR 25215 (May 27, 2009)
(Preliminary Results). The period of
review (POR) is June 1, 2007 through
May 31, 2008. 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: October 1, 2009.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo, AD/CVD Operations,
Office 6, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
PWALKER on DSK8KYBLC1PROD with NOTICES
AGENCY:
VerDate Nov<24>2008
19:32 Sep 30, 2009
Jkt 217001
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone (202)
482–2371.
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 30,
2008, 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,
2007 through May 31, 2008. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, Request for Revocation in Part,
and Deferral of Administrative Review,
73 FR 44220 (July 30, 2008).
The Department published the
preliminary results of this review on
May 27, 2009. See Preliminary Results.
We invited parties to comment on our
preliminary results of review. The
respondent, Aragonesas Industrias y
´
Energıa S.A. (Aragonesas) submitted a
case brief on July 6, 2009, and the
petitioners, Clearon Corporation and
Occidental Chemical Corporation
(collectively, the petitioners), submitted
a rebuttal brief on July 14, 2009. On July
23, 2009, the Department held a public
hearing concerning the issues addressed
by the respondent and petitioners in
their briefs.
Scope of Antidumping Duty Order
The products covered by this order
are chlorinated isocyanurates.
Chlorinated isocyanurates are
derivatives of cyanuric acid, described
as chlorinated s–triazine triones. There
are three primary chemical
compositions of chlorinated
isocyanurates: (1) trichloroisocyanuric
acid (Cl3(NCO)3); (2) sodium
dichloroisocyanurate (dihydrate)
(NaCl2(NCO)3 2H2O); and (3) sodium
dichloroisocyanurate (anhydrous)
(NaCl2(NCO)3). Chlorinated
isocyanurates are available in powder,
granular, and tableted forms. 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
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
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 this review are addressed in the
memorandum from John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen,
Acting 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
discussion of these changes, see
Memorandum to the File, from Myrna
Lobo, Case Analyst, Antidumping Duty
Review of Chlorinated Isocyanurates
from Spain: Calculation Memorandum
for the Final Results (September 24,
2009) at the section titled ‘‘Changes
from the Preliminary Results’’ and
Memorandum to Neal M. Halper,
Director, Office of Accounting from
Robert B. Greger, Senior Accountant,
Cost of Production and Constructed
Value Calculation Adjustments for the
Final Results – Aragonesas Industrias y
Energia S.A. (September 24, 2009).
Final Results of Review
We determine that the following
percentage margin exists for the period
June 1, 2007 through May 31, 2008:
Manufacturer/Exporter
Aragonesas Industrias y
´
Energıa S.A. ..............
E:\FR\FM\01OCN1.SGM
01OCN1
Weighted–Average
Margin (percentage)
28.04
Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices
Assessment
The Department shall determine, and
CBP shall assess, antidumping duties on
all appropriate entries.
We have calculated importer–specific
per unit duty assessment rates based on
the ratio of the total amount of
antidumping duties calculated for the
examined sales to the total entered
value of the sales. We will instruct CBP
to assess antidumping duties on all
appropriate entries covered by this
review if any importer–specific
assessment rate calculated in the final
results of this review is above 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 companies included in
these final results of review for which
the reviewed companies did not know
their merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the all–others rate established
in the less–than-fair–value (LTFV)
investigation if there is no rate for the
intermediate company(ies) involved in
the transaction.
PWALKER on DSK8KYBLC1PROD with NOTICES
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
VerDate Nov<24>2008
19:32 Sep 30, 2009
Jkt 217001
conducted by the Department, the cash
deposit rate will continue to be the ‘‘All
Others’’ rate established in the original
LTFV investigation, which is 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.
Dated: September 24, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix
Issues in Decision Memorandum:
Comment 1: Whether the Department
Should Eliminate from the G&A Ratio
the Accrued Expenses Relating to the
Asset Impairments and Restructuring
Charges
Comment 2: Whether the Department
was Correct to Revise Aragonesas’ G&A
Expense Allocation Relating to G&A
Services Provided by its Parent
Company
Comment 3: Whether the Department, in
Calculating the G&A and the R&D
Amounts to be Included in Aragonesas’
Costs, Should First Eliminate from
TOTCOM that Portion of TOTCOM that
Relates to the Major Input Rule
Adjustment for Chlorine
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
50775
Comment 4:Whether the Department
Should Set U.S. Warranty Expenses to
Zero
Comment 5:Whether There Are Clerical
Errors in the Department’s Program or
Calculations
Comment 6:Whether the Department
Should Refrain from Zeroing for the
Final Results
[FR Doc. E9–23705 Filed 9–30–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–405]
Barbed Wire and Barbless Fencing
Wire From Argentina: Final Results of
Sunset Review and Revocation of
Order
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 3, 2009, the
Department of Commerce (Department)
initiated the sunset review of the
antidumping duty order on barbed wire
and barbless fencing wire from
Argentina. Because the domestic
interested parties did not participate in
this sunset review, the Department is
revoking this antidumping duty order.
FOR FURTHER INFORMATION CONTACT:
Steve Bezirganian, AD/CVD Operations,
Office 7, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street & Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–1131.
SUPPLEMENTARY INFORMATION:
Background
On November 13, 1985, the
Department issued an antidumping duty
order on barbed wire and barbless
fencing wire from Argentina. See
Antidumping Duty Order: Barbed Wire
and Barbless Fencing Wire From
Argentina, 50 FR 46808 (Nov. 13, 1985).
On September 20, 2004, the Department
published its most recent continuation
of the order. See Continuation of
Antidumping Duty Order: Barbed Wire
and Barbless Fencing Wire From
Argentina, 69 FR 56190 (Sep. 20, 2004).
On August 3, 2009, the Department
initiated a sunset review of this order.
See Initiation of Five-Year (‘‘Sunset’’)
Review, 74 FR 38401 (Aug. 3, 2009).
We did not receive a notice of intent
to participate from domestic interested
parties in this sunset review by the
E:\FR\FM\01OCN1.SGM
01OCN1
Agencies
[Federal Register Volume 74, Number 189 (Thursday, October 1, 2009)]
[Notices]
[Pages 50774-50775]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23705]
-----------------------------------------------------------------------
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 the
preliminary results of administrative review of the antidumping duty
order on chlorinated isocyanurates (chlorinated isos) from Spain on May
27, 2009. See Chlorinated Isocyanurates from Spain: Preliminary Results
and Rescission, in Part, of Antidumping Duty Administrative Review, 74
FR 25215 (May 27, 2009) (Preliminary Results). The period of review
(POR) is June 1, 2007 through May 31, 2008. 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: October 1, 2009.
FOR FURTHER INFORMATION CONTACT: Myrna Lobo, 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) 482-2371.
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 30, 2008, 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, 2007 through May 31, 2008. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, Request for Revocation in
Part, and Deferral of Administrative Review, 73 FR 44220 (July 30,
2008).
The Department published the preliminary results of this review on
May 27, 2009. See Preliminary Results. We invited parties to comment on
our preliminary results of review. The respondent, Aragonesas
Industrias y Energ[iacute]a S.A. (Aragonesas) submitted a case brief on
July 6, 2009, and the petitioners, Clearon Corporation and Occidental
Chemical Corporation (collectively, the petitioners), submitted a
rebuttal brief on July 14, 2009. On July 23, 2009, the Department held
a public hearing concerning the issues addressed by the respondent and
petitioners in their briefs.
Scope of Antidumping Duty Order
The products covered by this order are chlorinated isocyanurates.
Chlorinated isocyanurates are derivatives of cyanuric acid, described
as chlorinated s-triazine triones. There are three primary chemical
compositions of chlorinated isocyanurates: (1) trichloroisocyanuric
acid (Cl3(NCO)3); (2) sodium dichloroisocyanurate (dihydrate)
(NaCl2(NCO)3 2H2O); and (3) sodium dichloroisocyanurate (anhydrous)
(NaCl2(NCO)3). Chlorinated isocyanurates are available in powder,
granular, and tableted forms. 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 this review are addressed in the memorandum from John M.
Andersen, Acting Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K. Lorentzen, Acting
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 discussion of these
changes, see Memorandum to the File, from Myrna Lobo, Case Analyst,
Antidumping Duty Review of Chlorinated Isocyanurates from Spain:
Calculation Memorandum for the Final Results (September 24, 2009) at
the section titled ``Changes from the Preliminary Results'' and
Memorandum to Neal M. Halper, Director, Office of Accounting from
Robert B. Greger, Senior Accountant, Cost of Production and Constructed
Value Calculation Adjustments for the Final Results - Aragonesas
Industrias y Energia S.A. (September 24, 2009).
Final Results of Review
We determine that the following percentage margin exists for the
period June 1, 2007 through May 31, 2008:
------------------------------------------------------------------------
Weighted-Average
Manufacturer/Exporter Margin
(percentage)
------------------------------------------------------------------------
Aragonesas Industrias y Energ[iacute]a S.A.......... 28.04
------------------------------------------------------------------------
[[Page 50775]]
Assessment
The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries.
We have calculated importer-specific per unit duty assessment rates
based on the ratio of the total amount of antidumping duties calculated
for the examined sales to the total entered value of the sales. We will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review if any importer-specific assessment rate
calculated in the final results of this review is above 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 companies included in these final results of review for
which the reviewed companies did not know their merchandise was
destined for the United States. In such instances, we will instruct CBP
to liquidate unreviewed entries at the all-others rate established in
the less-than-fair-value (LTFV) investigation if there is no rate for
the intermediate company(ies) involved in the transaction.
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 is 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.
Dated: September 24, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix
Issues in Decision Memorandum:
Comment 1: Whether the Department Should Eliminate from the G&A Ratio
the Accrued Expenses Relating to the Asset Impairments and
Restructuring Charges
Comment 2: Whether the Department was Correct to Revise Aragonesas' G&A
Expense Allocation Relating to G&A Services Provided by its Parent
Company
Comment 3: Whether the Department, in Calculating the G&A and the R&D
Amounts to be Included in Aragonesas' Costs, Should First Eliminate
from TOTCOM that Portion of TOTCOM that Relates to the Major Input Rule
Adjustment for Chlorine
Comment 4:Whether the Department Should Set U.S. Warranty Expenses to
Zero
Comment 5:Whether There Are Clerical Errors in the Department's Program
or Calculations
Comment 6:Whether the Department Should Refrain from Zeroing for the
Final Results
[FR Doc. E9-23705 Filed 9-30-09; 8:45 am]
BILLING CODE 3510-DS-S