Chlorinated Isocyanurates from the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 66087-66088 [E9-29731]

Download as PDF Federal Register / Vol. 74, No. 238 / Monday, December 14, 2009 / Notices exclusions and exceptions are designed to reduce burden in collection, OMB Control No. 0694–0088, ‘‘Simplified Network Application Process & Multipurpose Application Form.’’ The existing collections authorities that will be consolidated are: OMB 0694–0023 Written Assurances for Exports of Technical Data under License Exception TSR. OMB 0694–0025 Short Supply— Unprocessed Western Red Cedar. OMB 0694–0029 License Exception TMP: Special Requirements. OMB 0694–0033 Humanitarian Donations. OMB 0694–0086 Report of Sample Shipments of Chemical Weapons Precursors. OMB 0694–0101 One-time Report For Foreign Software or Technology Eligible For De Minimis Exclusion. OMB 0694–0104 Commercial Encryption Items under the Jurisdiction of the Department of Commerce. OMB 0694–0106 Recordkeeping Requirements under the Wassenaar Arrangement. OMB 0694–0123 Prior Notification of Exports under License Exception AGR. OMB 0694–0133 Thermal Imaging Camera Reporting. The consolidation of these collections will reduce the cost of renewing ten individual collections every three years and also make it easier to add additional exclusions and exceptions as revisions to an existing collection. BIS will discontinue the above collections when this new collection is approved. II. Method of Collection Submitted electronically or in paper form. mstockstill on DSKH9S0YB1PROD with NOTICES III. Data OMB Control Number: None. Form Number(s): None. Type of Review: Regular submission. Affected Public: Business or other forprofit organizations. Estimated Number of Respondents: 2,121. Estimated Time per Response: 15 minutes to 60 hours. Estimated Total Annual Burden Hours: 14,576. Estimated Total Annual Cost to Public: $0. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the VerDate Nov<24>2008 17:54 Dec 11, 2009 Jkt 220001 agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: December 9, 2009. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E9–29702 Filed 12–11–09; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–898] Chlorinated Isocyanurates from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: December 14, 2009. SUMMARY: The Department of Commerce (‘‘the Department’’) is conducting an administrative review of the antidumping duty order on chlorinated isocyanurates from the People’s Republic of China (‘‘PRC’’) covering the period 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 margin calculations. Therefore, the final results differ from the preliminary results. FOR FURTHER INFORMATION CONTACT: Brandon Petelin 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) 482–8173 or (202) 482– 0650, respectively. AGENCY: Background On June 8, 2009, the Department published its preliminary results of review of the antidumping order on PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 66087 chlorinated isocyanurates from the PRC. See Chlorinated Isocyanurates from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, 74 FR 27104 (June 8, 2009) (‘‘Preliminary Results’’). On June 29, 2009, Clearon Corporation (‘‘Clearon’’) and Occidental Chemical Corporation (‘‘Petitioners’’), Petitioners in the underlying investigation, and Hebei Jiheng Chemical Corporation, Ltd. (‘‘Jiheng’’) provided additional information on the appropriate surrogate values to use as a means of valuing the factors of production. On July 8, 2009, the Department received a request for a hearing from Petitioners. On July 13, 2009, the Department received a case brief from Petitioners. On July 20, 2009, the Department received a rebuttal brief from Jiheng. On July 27, 2009, Petitioners withdrew their request for a public hearing. On October 30, 2009, the Department placed additional surrogate value information on the record of this review for steam coal. On November 3, 2009, the Department received comments from Jiheng on the additional surrogate value information. We have conducted this administrative review in accordance with section 751 of the Tariff act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.213. Scope of the 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 (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. 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 dehydrate 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 E:\FR\FM\14DEN1.SGM 14DEN1 66088 Federal Register / Vol. 74, No. 238 / Monday, December 14, 2009 / Notices convenience and customs purposes, the written description of the scope of this order is dispositive. mstockstill on DSKH9S0YB1PROD with NOTICES Analysis of Comments Received All issues raised in the post– preliminary comments by parties in this review are addressed in the memorandum from John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Carole A. Showers, Acting Deputy Assistant Secretary for Import Administration, ‘‘Issues and Decision Memorandum for the 2007– 2008 Administrative Review of Chlorinated Isocyanurates from the People’s Republic of China,’’ (‘‘Issues and Decision Memorandum’’) dated concurrently with this notice, which is hereby adopted by this notice. A list of the issues that 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 and is on file in the Central Records Unit (‘‘CRU’’) in room 1117 in the main Commerce Department building, and is also accessible on the Web at http://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 calculations for Jiheng. See Issues and Decision Memorandum at Comments 1–5. We revised the steam coal surrogate value from the Preliminary Results. For these final results, we have relied on data for categories B and C steam coal from both the 2004 and 2007 Coal India Ltd. publications. See Issues and Decision Memorandum at Comment 2 and ‘‘Surrogate Value Memorandum: Final Results of the 2007–2008 Administrative Review of the Antidumping Duty Order on Chlorinated Isocyanurates from the People’s Republic of China,’’ (‘‘Final Surrogate Value Memorandum’’) dated concurrently with this notice. We revised the financial ratio calculations using financial statements from Kanoria Chemicals and Industries Limited for the year ended March 31, 2008. See Issues and Decision Memorandum at Comment 3 and the Final Surrogate Value Memorandum, dated concurrently with this notice. We corrected certain ministerial errors in the calculations for the Preliminary Results. See Issues and Decision Memorandum at Comment 5 and Memorandum to the File titled ‘‘Analysis Memorandum for the Final VerDate Nov<24>2008 17:54 Dec 11, 2009 Jkt 220001 Results: Hebei Jiheng Chemical Company, Ltd.,’’ dated concurrently with this notice. We revised the electricity calculation used in the Preliminary Results by using updated electricity data from the Central Electricity Authority, an administrative body of the government of India, as published in the March 2008 report titled Electricity Tariff & duty and average rates of electricity supply in India. See Attachment 6B of Jiheng’s June 29, 2009, Surrogate Value Submission and the Final Surrogate Value Memorandum. Final Results of Review We determined that the following dumping margin exists for the period June 1, 2007, through May 31, 2008. Exporter Weighted–Average Margin Percentage Jiheng ........................... 20.16 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 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 final results of administrative review for all shipments of 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, the cash deposit rate will be 20.16 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. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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 these final results of review and notice in accordance with sections 751(a) and 777(i) of the Act. Dated: December 7, 2009. Carole A. Showers, Acting Deputy Assistant Secretary for Import Administration. Appendix List of Comments and Issues in the Issues and Decision Memorandum Surrogate Values Comment 1: Surrogate Value for Urea Comment 2: Surrogate Value for Steam Coal Comment 3: Financial Ratios Comment 4: Surrogate Value for Anhydrous Ammonia Company Specific Issues Jiheng Comment 5: Clerical Error – By Product Offset [FR Doc. E9–29731 Filed 12–11–09; 8:45 am] BILLING CODE 3510–DS–S E:\FR\FM\14DEN1.SGM 14DEN1

Agencies

[Federal Register Volume 74, Number 238 (Monday, December 14, 2009)]
[Notices]
[Pages 66087-66088]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29731]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: December 14, 2009.
SUMMARY: The Department of Commerce (``the Department'') is conducting 
an administrative review of the antidumping duty order on chlorinated 
isocyanurates from the People's Republic of China (``PRC'') covering 
the period 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 margin calculations. 
Therefore, the final results differ from the preliminary results.

FOR FURTHER INFORMATION CONTACT: Brandon Petelin or Charles Riggle, AD/
CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
8173 or (202) 482-0650, respectively.

Background

    On June 8, 2009, the Department published its preliminary results 
of review of the antidumping order on chlorinated isocyanurates from 
the PRC. See Chlorinated Isocyanurates from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review, 
74 FR 27104 (June 8, 2009) (``Preliminary Results''). On June 29, 2009, 
Clearon Corporation (``Clearon'') and Occidental Chemical Corporation 
(``Petitioners''), Petitioners in the underlying investigation, and 
Hebei Jiheng Chemical Corporation, Ltd. (``Jiheng'') provided 
additional information on the appropriate surrogate values to use as a 
means of valuing the factors of production. On July 8, 2009, the 
Department received a request for a hearing from Petitioners. On July 
13, 2009, the Department received a case brief from Petitioners. On 
July 20, 2009, the Department received a rebuttal brief from Jiheng. On 
July 27, 2009, Petitioners withdrew their request for a public hearing. 
On October 30, 2009, the Department placed additional surrogate value 
information on the record of this review for steam coal. On November 3, 
2009, the Department received comments from Jiheng on the additional 
surrogate value information. We have conducted this administrative 
review in accordance with section 751 of the Tariff act of 1930, as 
amended (``the Act''), and 19 CFR 351.213.

Scope of the 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 (Cl3(NCO)3), (2) sodium 
dichloroisocyanurate (dihydrate) 
(NaCl2(NCO)32H2O), and (3) 
sodium dichloroisocyanurate (anhydrous) 
(NaCl2(NCO)3). Chlorinated isocyanurates are 
available in powder, granular, and tableted forms. This order covers 
all chlorinated isocyanurates.
    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 dehydrate 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

[[Page 66088]]

convenience and customs purposes, the written description of the scope 
of this order is dispositive.

Analysis of Comments Received

    All issues raised in the post-preliminary comments by parties in 
this review are addressed in the memorandum from John M. Andersen, 
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Carole A. Showers, Acting Deputy Assistant 
Secretary for Import Administration, ``Issues and Decision Memorandum 
for the 2007-2008 Administrative Review of Chlorinated Isocyanurates 
from the People's Republic of China,'' (``Issues and Decision 
Memorandum'') dated concurrently with this notice, which is hereby 
adopted by this notice. A list of the issues that 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 and is on file in the Central Records Unit (``CRU'') in 
room 1117 in the main Commerce Department building, and is also 
accessible on the Web at http://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 calculations for Jiheng. See Issues and Decision Memorandum 
at Comments 1-5.
    We revised the steam coal surrogate value from the Preliminary 
Results. For these final results, we have relied on data for categories 
B and C steam coal from both the 2004 and 2007 Coal India Ltd. 
publications. See Issues and Decision Memorandum at Comment 2 and 
``Surrogate Value Memorandum: Final Results of the 2007-2008 
Administrative Review of the Antidumping Duty Order on Chlorinated 
Isocyanurates from the People's Republic of China,'' (``Final Surrogate 
Value Memorandum'') dated concurrently with this notice.
    We revised the financial ratio calculations using financial 
statements from Kanoria Chemicals and Industries Limited for the year 
ended March 31, 2008. See Issues and Decision Memorandum at Comment 3 
and the Final Surrogate Value Memorandum, dated concurrently with this 
notice.
    We corrected certain ministerial errors in the calculations for the 
Preliminary Results. See Issues and Decision Memorandum at Comment 5 
and Memorandum to the File titled ``Analysis Memorandum for the Final 
Results: Hebei Jiheng Chemical Company, Ltd.,'' dated concurrently with 
this notice.
    We revised the electricity calculation used in the Preliminary 
Results by using updated electricity data from the Central Electricity 
Authority, an administrative body of the government of India, as 
published in the March 2008 report titled Electricity Tariff & duty and 
average rates of electricity supply in India. See Attachment 6B of 
Jiheng's June 29, 2009, Surrogate Value Submission and the Final 
Surrogate Value Memorandum.

Final Results of Review

    We determined that the following dumping margin exists for the 
period June 1, 2007, through May 31, 2008.

------------------------------------------------------------------------
                                                       Weighted-Average
                      Exporter                         Margin Percentage
------------------------------------------------------------------------
Jiheng..............................................               20.16
------------------------------------------------------------------------

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 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 final results of administrative review 
for all shipments of 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, the cash deposit rate will be 20.16 
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 these final results of review and 
notice in accordance with sections 751(a) and 777(i) of the Act.

    Dated: December 7, 2009.
Carole A. Showers,
Acting Deputy Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Issues and Decision Memorandum

Surrogate Values

    Comment 1: Surrogate Value for Urea
    Comment 2: Surrogate Value for Steam Coal
    Comment 3: Financial Ratios
    Comment 4: Surrogate Value for Anhydrous Ammonia

Company Specific Issues

Jiheng

    Comment 5: Clerical Error - By Product Offset
[FR Doc. E9-29731 Filed 12-11-09; 8:45 am]
BILLING CODE 3510-DS-S