Chlorinated Isocyanurates From the People's Republic of China: Final Results of 2008-2009 Antidumping Duty Administrative Review, 70212-70213 [2010-29020]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70212-70213]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29020]



[[Page 70212]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


Chlorinated Isocyanurates From the People's Republic of China: 
Final Results of 2008-2009 Antidumping Duty Administrative Review

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

DATES: Effective Date: November 17, 2010.
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, 2008, through May 31, 2009. 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. The 
final dumping margin for this review is listed in the ``Final Results 
of Review'' section below.

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.

Background

    On May 14, 2010, the Department published its preliminary results 
of review of the antidumping order on chlorinated isocyanurates from 
the PRC.\1\ On June 3, 2010, Hebei Jiheng Chemical Corporation, Ltd. 
(``Jiheng'') provided additional information on the appropriate 
surrogate values to use as a means of valuing factors of production. On 
June 14, 2010, the Department received a request for a hearing from 
Clearon Corporation and Occidental Chemical Corporation (collectively 
``Petitioners''), Petitioners in the underlying investigation. On June 
15, 2010, the Department placed additional surrogate value information 
on the record of this review for valuation of the labor wage rate. On 
June 24, 2010, the Department received case briefs from Petitioners and 
Jiheng. On June 29, 2010, the Department received rebuttal briefs from 
Petitioners and Jiheng. On July 2, 2010, Petitioners withdrew their 
request for a public hearing. On July 20, 2010, the Department placed 
additional surrogate value information on the record for valuation of 
the labor wage rate. On July 23, 2010, the Department received comments 
from Petitioners and Jiheng on the additional wage rate surrogate value 
information. On July 27, 2010, the Department received rebuttal 
comments from Petitioners and Jiheng, limited to comments related to 
valuation of the labor wage rate. On September 28, 2010, the Department 
placed additional surrogate value information on the record for 
valuation of the labor wage rate. On October 4, 2010, the Department 
received comments from Jiheng on the industry specific wage rate 
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.
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    \1\ See Chlorinated Isocyanurates from the People's Republic of 
China: Preliminary Results and Partial Rescission of Antidumping 
Duty Administrative Review, 75 FR 27302 (May 14, 2010) 
(``Preliminary Results'').
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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 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 Susan H. Kuhbach, 
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Import Administration, ``Issues and Decision Memorandum for the 2008-
2009 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 
7046 in the main Commerce Department building, and is also accessible 
on the Web at https://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 1-9.
    As a consequence of the decision of the Court of Appeals for the 
Federal Circuit (``Federal Circuit'') in Dorbest Ltd. v. United States, 
604 F. 3d 1363 (Fed. Cir. 2010), the Department is no longer relying on 
the regression-based wage rate described in 19 CFR 351.408(c)(3). For 
these final results, we have calculated an hourly wage rate to use in 
valuing Jiheng's reported labor input by averaging earnings and/or 
wages in countries that are economically comparable to the PRC and that 
are significant producers of comparable merchandise. To calculate the 
hourly wage rate, we used wage data reported by the International Labor 
Organization (``ILO''). Because an industry-specific dataset relevant 
to this proceeding exists within the Department's preferred ILO source, 
we will be using industry-specific data to calculate a surrogate wage 
rate for this review, in accordance with section 773(c)(1) of the Act.
    Therefore, for this review, the Department has calculated the wage 
rate using a simple average of the data provided to the ILO under Sub-
Classification 24 of the ISIC-Revision.3 standard \2\ by countries 
determined to be

[[Page 70213]]

both economically comparable to the PRC and significant producers of 
comparable merchandise. Specifically, the Department finds the two-
digit description under ISIC-Revision.\3\ (``Manufacture of Chemicals 
and Chemical Products'') to be the best available surrogate wage rate 
on the record because it is specific and derived from industries that 
produce merchandise comparable to the subject merchandise.\3\ Further, 
because this wage rate does not separate the labor rates into different 
skill levels or types of labor, the Department has applied the same 
wage rate to all skill levels and types of labor reported by Jiheng.\4\
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    \2\ The ILO industry-specific data is reported according to the 
International Standard Industrial Classification of all Economic 
Activities (``ISIC'') code, which is maintained by the United 
Nations Statistical Division and is periodically updated. These 
updates are referred to as ``Revisions.'' The ILO, an organization 
under the auspices of the United Nation, utilizes this 
classification for reporting purposes. Currently, wage and earnings 
data are available from the ILO under the following revisions: ISIC-
Rev.2, ISIC-Rev.3, and most recently, ISIC-Rev.4. The ISIC code 
establishes a two-digit breakout for each manufacturing category, 
and also often provides a three- or four-digit sub-category for each 
two-digit category. Depending on the country, data may be reported 
at the two-, three-, or four-digit subcategory. Sub-Classification 
24 of the ISIC-Revision.3 covers ``Manufacture of Chemicals and 
Chemical Products.''
    \3\ See Issues and Decision Memorandum at Comment 2; see also 
Memorandum Regarding: Final Results of the 2008-2009 Administrative 
Review of the Antidumping Duty Order on Chlorinated Isocyanurates 
from the People's Republic of China: Final Results Surrogate Value 
Memorandum, dated concurrently with this notice (``Final Surrogate 
Value Memo'').
    \4\ See Issues and Decision Memorandum at Comment 2; see also 
Final Surrogate Value Memo.
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    We revised the surrogate financial ratio calculations by making 
certain adjustments to Kanoria Chemicals and Industries Limited's 
(``Kanoria's'') selling, general, and administrative expenses and 
profit.\5\ In addition, we are only relying on Kanoria's financial 
statements for the year ended March 31, 2009. We did not rely on the 
financial statements of Aditya Birla Chemicals Limited for the year 
ended March 31, 2009.\6\
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    \5\ See Issues and Decision Memorandum at Comment 5 and Comment 
7; see also, Final Surrogate Value Memo.
    \6\ See Issues and Decision Memorandum at Comment 3; see also 
Final Surrogate Value Memo.
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    We corrected certain ministerial errors in the calculations for the 
Preliminary Results.\7\
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    \7\ See Issues and Decision Memorandum at Comments 8-9; see also 
Memorandum Regarding: Final Results of the 2008-2009 Administrative 
Review of the Antidumping Duty Order on Chlorinated Isocyanurates 
from the People's Republic of China: Analysis Memorandum for the 
Final Results: Hebei Jiheng Chemical Company, Ltd., dated 
concurrently with this notice (``Final Analysis Memo'').
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Final Results of Review

    We determined that the following dumping margin exists for the 
period June 1, 2008, through May 31, 2009.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                         Exporter                              margin
                                                             percentage
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Hebei Jiheng Chemical Corporation, Ltd....................         2.66
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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 1.76 
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: November 10, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Issues and Decision Memorandum

I. Surrogate Values
    Comment 1: Surrogate Value for Steam Coal
    Comment 2: Wage Rate
    Comment 3: Selection of Financial Statements
II. Specific Financial Statement Issues: Aditya
    Comment 4: Interest Income
III. Specific Financial Statement Issues: Kanoria
    Comment 5: Miscellaneous Receipts
    Comment 6: Gross Interest Income
    Comment 7: Profit Ratio
IV. Ministerial Errors
    Comment 8: Kanoria's SG&A Expense Calculation
    Comment 9: Domestic Brokerage and Handling

[FR Doc. 2010-29020 Filed 11-16-10; 8:45 am]
BILLING CODE 3510-DS-P