Chlorinated Isocyanurates From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 70957-70960 [2011-29621]

Download as PDF Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Docket 73–2011] mstockstill on DSK4VPTVN1PROD with NOTICES Foreign-Trade Zone 277—Western Maricopa County, AZ; Application for Manufacturing Authority, Sub-Zero, Inc. (Refrigerators and Freezers), Goodyear, AZ An application has been submitted to the Foreign-Trade Zones Board (the Board) by the Greater Maricopa County Foreign Trade Zone, Inc., grantee of FTZ 277, requesting manufacturing authority on behalf of Sub-Zero, Inc. (Sub-Zero), located in Goodyear, Arizona. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a– 81u), and the regulations of the Board (15 CFR part 400). It was formally filed on November 10, 2011. The Sub-Zero facility (260 employees, 10 acres, 150,000 units/year) is located at 4295 N. Cotton Lane within the Palm Valley 303 Industrial Park in Goodyear, Arizona (Site 3). The facility is used to manufacture refrigerators, freezers, and wine storage units for export and the domestic market. Components and materials sourced from abroad (representing 14% of the value of the finished products) include: Oils, greases, paints, varnishes, caulking, sealants, cleansers, glues/adhesives, epoxies, chemical binding agents, polyethylenes, polystyrenes, polyvinyl acetates, polyamides, articles of plastic, silicones, boxes, cases, crates, pallets, ethylene bags, stoppers/lids/caps, table utensils, articles of rubber, articles of paper, printed materials, slag/rock wools, safety glass, silver, fasteners, springs, wire, articles of steel, copper tubes/pipes/fittings/profiles, aluminum bars/rods/profiles/fasteners/foil/fittings, structures of aluminum, articles of zinc, articles of magnesium, locks, base metal mountings, automatic door actuators, pumps, compressors, fans, air conditioners, heat pumps, refrigerator parts, filters, process controllers, taps, valves, bearings, gears, electric motors and parts thereof, transformers, semiconductor devices, converters, magnets, electrical components, lamps, coaxial cable, insulators, regulators, thermostats, timers, and lighters (duty rate range: Free—10.7%; 14.8¢/kg + 3.5%; 45¢ ea. + 6.4% + 2.5¢/jewel). FTZ procedures could exempt SubZero from customs duty payments on foreign materials and components used in export production. The company anticipates that some 10 percent of the plant’s shipments will be exported. On its domestic sales, Sub-Zero would be VerDate Mar<15>2010 17:45 Nov 15, 2011 Jkt 226001 able to choose the duty rate during customs entry procedures that applies to refrigerators, freezers, and wine storage units (duty rate—free) for the foreign inputs noted above. Sub-Zero would also be exempt from duty payments on any of the foreign inputs that become scrap or waste during manufacturing. FTZ designation would further allow Sub-Zero to realize logistical benefits through the use of weekly customs entry procedures. Customs duties also could possibly be deferred or reduced on foreign status production equipment. The application indicates that the savings from FTZ procedures would help improve the plant’s international competitiveness. In accordance with the Board’s regulations, Pierre Duy of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board’s Executive Secretary at the address below. The closing period for their receipt is January 17, 2012. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to January 30, 2012. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2111, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s Web site, which is accessible via https:// www.trade.gov/ftz. For further information, contact Pierre Duy at Pierre.Duy@trade.gov or (202) 482–1378. Dated: November 10, 2011. Andrew McGilvray, Executive Secretary. [FR Doc. 2011–29619 Filed 11–15–11; 8:45 am] BILLING CODE 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. AGENCY: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 70957 The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on chlorinated isocyanurates (chlorinated isos) from the People’s Republic of China (PRC). The period of review (POR) for this administrative review is June 1, 2009, through May 31, 2010. We invited interested parties to comment on our Preliminary Results.1 Based on our analysis of the comments received, we have made changes to the 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. DATES: Effective Date: November 16, 2011. FOR FURTHER INFORMATION CONTACT: Emily Halle, 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) 482–0176. SUPPLEMENTARY INFORMATION: SUMMARY: Background On July 11, 2011, the Department published its Preliminary Results. On August 1, 2011, Clearon Corporation and Occidental Chemical Corporation (Petitioners) timely filed surrogate value information.2 The Department notified parties that it had clarified its separate rate methodology for non-reviewed companies on August 30, 2011.3 On September 9, 2011, Hebei Jiheng Chemical Company, Ltd. (Jiheng), Juancheng Kangtai Chemical Co., Ltd. (Kangtai), Zhucheng Taisheng Chemical Co., Ltd. (Zhucheng), and Petitioners filed case briefs. Kangtai also filed new factual information on September 9, 2011,4 which the Department rejected as untimely on September 16, 2011.5 On 1 See Chlorinated Isocyanurates From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, 76 FR 40689 (July 11, 2011) (Preliminary Results). 2 See Letter from Petitioners regarding ‘‘Chlorinated Isocyanurates from The People’s Republic of China: Fifth Administrative Review: Information Regarding Surrogate Values for Factors of Production,’’ dated August 1, 2011 (Petitioners Surrogate Value Letter). 3 See Memorandum to Barbara E. Tillman, Director, AD/CVD Operations, Office 6, regarding ‘‘Rate for Non-Selected Companies,’’ dated August 30, 2011 (Separate Rate Memorandum). 4 See Letter from Juancheng Kangtai Chemical Co., Ltd. regarding ‘‘Certain Chlorinated Isocyanurates from the People’s Republic of China Rebuttal of New Facts by Juancheng Kangtai,’’ dated September 9, 2011. 5 See Letter to Juancheng Kangtai Chemical Co., Ltd. regarding ‘‘2009–2010 Administrative Review of the Antidumping Duty Order on Chlorinated E:\FR\FM\16NON1.SGM Continued 16NON1 70958 Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices September 15, 2011, rebuttal case brief deadlines were extended to September 19, 2011. Arch Chemicals (China) Co., Ltd. (Arch China), Zhucheng, Kangtai and Petitioners timely filed rebuttal briefs on September 19, 2011. On August 10, 2011, and September 19, 2011, the Department received requests for a public hearing from Zhucheng and Kangtai, respectively.6 The Department conducted a public hearing on October 14, 2011.7 Scope of the Order The products covered by the order are chlorinated isocyanurates (chlorinated isos), which are derivatives of cyanuric acid, described as chlorinated s-triazine triones. There are three primary chemical compositions of chlorinated isos: (1) Trichloroisocyanuric acid (Cl3(NCO)3), (2) sodium dichloroisocyanurate (dihydrate) (NaCl2(NCO)3(2H2O), and (3) sodium dichloroisocyanurate (anhydrous) (NaCl2(NCO)3). Chlorinated isos are available in powder, granular, and tableted forms. The order covers all chlorinated isos. Chlorinated isos are currently classifiable under subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.40.50, 3808.50.40 and 3808.94.5000 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 isos 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. mstockstill on DSK4VPTVN1PROD with NOTICES Analysis of Comments Received All issues raised in the postpreliminary comments by parties in this review are addressed in the memorandum from Christian Marsh, Deputy Assistant Secretary for Isocyanurates from the People’s Republic of China,’’ dated September 16, 2011. 6 See Letter from Zhucheng Taisheng Chemical Co., Ltd., regarding ‘‘Request for Hearing: Chlorinated Isocyanurates from the People’s Republic of China, June 1, 2009–May 31, 2010 Period of Review,’’ dated August 10, 2011. See also Letter from Juancheng Kangtai Chemical Co., Ltd., regarding ‘‘Certain Chlorinated Isocyanurates from the People’s Republic of China Request for Hearing,’’ dated September 19, 2011. 7 See Public Hearing in the matter ‘‘Chlorinated Isocyanurates from the People’s Republic of China,’’ dated October 14, 2011. VerDate Mar<15>2010 17:45 Nov 15, 2011 Jkt 226001 Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, entitled ‘‘Issues and Decision Memorandum for the Final Results of the Administrative Review of Chlorinated Isocyanurates from the People’s Republic of China,’’ dated concurrently with this notice (Decision Memorandum), which is hereby adopted by this notice. A list of the issues that parties raised and to which we responded in the Decision Memorandum is attached to this notice as an appendix. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in the public memorandum, which is on file electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Services System (IA ACCESS). Access to IA ACCESS is available in the Central Records Unit (CRU), main Commerce Building, Room 7046, and is also accessible on the Web at https://ia.ita.doc.gov/frn. The paper copy and electronic versions of the Decision Memorandum are identical in content. Changes Since the Preliminary Results The Department has made several programming adjustments.8 First, we corrected the constructed entered value amount to include materials for which Jiheng was reimbursed by the U.S. customer and materials provided free of charge. Next, by applying the inland freight surrogate value, measured in U.S. dollars per metric ton per kilometer, to certain packing and packaging materials that were reported in kilograms, we overstated the values for these materials. We adjusted the inland freight value by dividing it by 1,000 and applying this adjusted value to all packing and packaging materials that were reported in kilograms. Finally, in the Petitioners Surrogate Value Letter, Petitioners provided two additional financial statements to value chlorine and hydrogen factors of production along with the financial statements used in the Preliminary Results.9 No parties objected to the use of the cholorine and hydrogen values in these additional financial statements. 8 See Memorandum to Mark Hoadley, Program Manager, AD/CVD Operations, Office 6, regarding ‘‘Analysis for the Final Results of the 2009–2010 Administrative Review of the Antidumping Duty Order on Chlorinated Isocyanurates from the People’s Republic of China: Hebei Jiheng Chemical Company Ltd.,’’ dated November 8, 2011 (Analysis Memorandum) for a detailed discussion of these changes. 9 See Preliminary Results, 76 FR at 40695. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 After reviewing these financial statements, the Department adjusted the surrogate values for chlorine and hydrogen to include the sales values of chlorine and hydrogen reported in these financial statements. See Decision Memorandum. Separate Rates In proceedings involving non-market economy (NME) countries, the Department begins with a rebuttable presumption that all companies within the country are subject to government control and, thus, should be assigned a single antidumping duty deposit rate. It is the Department’s policy to assign all exporters of subject merchandise in an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be eligible for a separate rate.10 In the Preliminary Results, the Department found that Arch China, Kangtai, and Zhucheng demonstrated their eligibility for separate rate status.11 For these final results, we continue to find that the evidence placed on the record of this review by Arch China, Kangtai and Zhucheng demonstrates both a de jure and de facto absence of government control, with respect to their exports of the merchandise under review, and, thus, these companies are eligible for separate rate status. Margin for the Separate Rate Companies The rate for the individually examined respondent, Jiheng, continues to be de minimis and, accordingly, the Department must determine a reasonable alternative method for assigning a rate to Arch China, Kangtai and Zhucheng. In the Separate Rate Memorandum, the Department announced that the method used to determine the rate for the non-selected companies in the Preliminary Results was not consistent with current practice, as recently clarified.12 In previous cases, the Department has determined that a ‘‘reasonable method’’ to use when, as here, the rates of the mandatory respondents are zero and de minimis, is to apply to those companies not selected for individual review (but 10 See Final Determination of Sales at Less Than Fair Value: Sparklers From the People’s Republic of China, 56 FR 20588 (May 6, 1991), as further developed in Notice of Final Determination of Sales at Less Than Fair Value: Silicon Carbide From the People’s Republic of China, 59 FR 22585 (May 2, 1994). 11 See Preliminary Results, 76 FR at 40693. 12 See Administrative Review of Certain Frozen Warmwater Shrimp From the People’s Republic of China: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 76 FR 51940, 51942 (August 19, 2011). E:\FR\FM\16NON1.SGM 16NON1 70959 Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices eligible for a separate rate in NME cases) the average of the most recently determined rates that are not zero, de minimis or based entirely on facts available (which may be from a prior administrative review or a new shipper review).13 However, if any such nonselected company had its own calculated rate that is contemporaneous with or more recent than such prior determined rates, the Department has applied such an individual rate to the non-selected company in the review in question, including when that rate is zero or de minimis.14 The most recently published rate on the record of these proceedings for other companies that is not zero, de minimis or based entirely on facts available is the 2.66 percent rate calculated for Jiheng in the 2008–2009 administrative review.15 Therefore, the Department is now assigning Arch China, Kangtai, and Zhucheng a weighted-average margin of 2.66 percent as their separate rate.16 Final Results of Review We determine that the following weighted-average dumping margins exist for the period June 1, 2009, through May 31, 2010. Weighted-average margin percentage Exporter Hebei Jiheng Chemical Co., Ltd ................................................................................................................................................ Juancheng Kangtai Chemical Co., Ltd ...................................................................................................................................... Arch Chemicals (China) Co., Ltd ............................................................................................................................................... Zhucheng Taisheng Chemical Co., Ltd ..................................................................................................................................... 1 (de 2.66 2.66 2.66 minimis). Assessment Rates Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), the Department will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department will direct CBP to assess importer-specific assessment rates based on the resulting per-unit (i.e., per metric ton) amount (for Jiheng) or ad valorem rate (for separate rate respondents) on each entry of the subject merchandise during the POR. The Department intends to issue assessment instructions directly to CBP 15 days after the publication of this notice. 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, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporter’s listed above, the cash deposit rate will be the rate established in the final results of this review (except, if the rate is zero or de minimis, i.e., less than 0.5 percent, a zero cash deposit rate will be required for that company); (2) for previously investigated or reviewed PRC mstockstill on DSK4VPTVN1PROD with NOTICES 1 0.03 13 See id.; see also Amanda Foods (Vietnam) Ltd. v. United States, Slip Op. 2011–39, 2011 Ct. Intl. Trade LEXIS 37 at 12 (CIT April 14, 2011). 14 Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice of Preliminary Results of the New Shipper Review and Fourth Antidumping Duty Administrative Review and Partial Rescission of the Fourth Administrative Review, 73 FR 52015 (September 8, 2008) (changed in the final results as the final calculated rate for VerDate Mar<15>2010 17:45 Nov 15, 2011 Jkt 226001 and non-PRC 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 that 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; 17 and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers 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 Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties This notice also serves as a reminder to parties subject to administrative protective order (APO) of their the mandatory respondent was above de minimis, which remained unchanged in the amended final results). See also Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review, 74 FR 47191, 47195 (September 15, 2009) and accompanying Issues and Decision Memorandum. 15 See Chlorinated Isocyanurates From the People’s Republic of China: Final Results of 2008– PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), 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 regulations and terms of an APO is a violation which is subject to sanction. Disclosure In accordance with 19 CFR 351.224(b), we will disclose the calculations performed for these final results to parties in this proceeding within five days of the date of publication of this notice. 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: November 8, 2011. Paul Piquado, Assistant Secretary for Import Administration. Appendix List of Comments and Issues in the Issues and Decision Memorandum Comment 1: Respondent Selection. Comment 2: Kangtai’s New Shipper Review Rate is not Representative of its Current Behavior. 2009 Antidumping Administrative Review, 75 FR 70212, 70213 (November 17, 2010). 16 See Decision Memorandum at Comments 2, 3 and 4 (which further explain the use of this rate as the separate rate). 17 For an explanation on the derivation of the PRC-wide rate, see Notice of Final Determination of Sales at Less Than Fair Value: Chlorinated Isocyanurates From the People’s Republic of China, 70 FR 24502, 24505 (May 10, 2005). E:\FR\FM\16NON1.SGM 16NON1 70960 Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices Comment 3: Jiheng’s Prior Administrative Review Rate is not Representative of the Current Behavior of Arch China and Zhucheng. Comment 4: Exclusion of De Minimis Rates from Consideration as Separate Rates for Non-Reviewed Companies. Comment 5: Use of Multiple Separate Rates. Comment 6: Calculation of Entered Value. Comment 7: Calculation of Inland Freight. Comment 8: Per-Unit Assessment Rate in Draft Liquidation Instructions. Comment 9: Zeroing Methodology in Reviews. Comment 10: Kangtai’s New Factual Submission Should Not Have Been Rejected. [FR Doc. 2011–29621 Filed 11–15–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–979] mstockstill on DSK4VPTVN1PROD with NOTICES Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Initiation of Antidumping Duty Investigation Dates: Effective Date: November 16, 2011. FOR FURTHER INFORMATION CONTACT: Jeffrey Pedersen or Drew Jackson, AD/ CVD Operations, Office 4, (202) 482– 2769 or (202) 482–4406, respectively; Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: On October 19, 2011, the Department of Commerce (‘‘Department’’) received a petition concerning imports of crystalline silicon photovoltaic cells, whether or not assembled into modules (‘‘solar cells’’) from the People’s Republic of China (‘‘PRC’’) filed in proper form by SolarWorld Industries America Inc. (‘‘Petitioner’’).1 On October 21, 24, and 31, and November 4, 2011, the Department issued supplemental questionnaires requesting information and clarification of certain areas of the Petition. Petitioner timely filed additional information on October 25, 2011, (‘‘Supplement I’’) October 28, 2011, (‘‘Supplement II–A—General Issues’’ and ‘‘Supplement II–B—AD Issues’’), November 2, 2011, (‘‘Supplement III’’), November 4, 2011 (‘‘Supplement IV’’), and November 7, 1 See Petition for the Imposition of Antidumping and Countervailing Duties: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China dated October 19, 2011 (‘‘Petition’’). VerDate Mar<15>2010 18:38 Nov 15, 2011 Jkt 226001 2011 (‘‘Supplement V–A—AD Issues’’ and (‘‘Supplement V–B—General Issues’’). Period of Investigation The period of investigation (‘‘POI’’) is April 1, 2011, through September 30, 2011.2 The Petition In accordance with section 732(b) of the Tariff Act of 1930, as amended (‘‘the Act’’), Petitioner alleges that imports of solar cells from the PRC are being, or are likely to be, sold in the United States at less than fair value, within the meaning of section 731 of the Act, and that such imports are materially injuring, or threatening material injury to, an industry in the United States. Also, consistent with section 732(b)(1) of the Act, the Petition is accompanied by information reasonably available to Petitioner supporting its allegations. The Department finds, as an interested party, as defined in section 771(9)(C) of the Act, that Petitioner filed the Petition on behalf of the domestic industry and has demonstrated sufficient industry support with respect to the Petition (see ‘‘Determination of Industry Support for the Petition’’ section below). Scope of Investigation The products covered by the scope of this investigation are solar cells from the PRC. For a full description of the scope of the investigation, see ‘‘Scope of Investigation’’ in Appendix I of this notice. Comments on Scope of Investigation During our review of the Petition, we discussed the scope with Petitioner to ensure that it is an accurate reflection of the products for which the domestic industry is seeking relief. Petitioner submitted revised scope language on November 4, 2011, and November 7, 2011. The November 7, 2011, submission included various revisions. Among these revisions was the following substantive provision: These proceedings cover crystalline silicon PV cells, whether exported directly to the United States or via third countries; crystalline silicon PV modules/panels produced in the PRC, regardless of country of manufacture of the cells used to produce the modules or panels, and whether exported directly to the United States or via third countries, and crystalline silicon PV modules or panels produced in a third country from crystalline silicon PV cells manufactured in the PRC, whether exported directly to the United States or via third countries. 2 See PO 00000 19 CFR 351.204(b)(1). Frm 00007 Fmt 4703 Sfmt 4703 The Department has not adopted this specific revision recommended by Petitioner for the purposes of initiation.3 Because Petitioner’s November 7, 201l, scope submission was filed one day prior to the statutory deadline for initiation, the Department has had neither the time nor the administrative resources to evaluate Petitioner’s proposed language regarding merchandise produced using inputs from third-country markets, or merchandise processed in third-country markets. Petitioner’s November 7, 2011, scope submission also contained the following language: Unless explicitly excluded from the scope of these proceedings, crystalline silicon PV cells possessing the physical characteristics of subject merchandise are covered by these proceedings. The Department has not adopted this specific revision recommended by Petitioner for the purposes of initiation because this language is superfluous, and appears to add no additional clarification as to the description of merchandise covered by the scope of the Petition. However, as discussed in the preamble to the regulations,4 we are setting aside a period for interested parties to raise issues regarding product coverage. The Department encourages interested parties to submit such comments by Monday, November 28, 2011, which is 20 calendar days from the signature date of this notice. All comments must be filed on the records of both the PRC antidumping duty investigation as well as the PRC countervailing duty investigation. Comments should be filed electronically using Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). The period of scope consultations is intended to provide the Department with ample opportunity to consider all comments and to consult with parties prior to the issuance of the preliminary determination. Comments on Product Characteristics for Antidumping Duty Questionnaires We are requesting comments from interested parties regarding the appropriate physical characteristics of solar cells to be reported in response to the Department’s antidumping questionnaires. This information will be used to identify the key physical characteristics of the merchandise under consideration in order to more 3 We note that the Department has independent authority to determine the scope of its investigations. See Diversified Products Corp. v. United States, 572 F. Supp. 883, 887 (CIT 1983). 4 See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997). E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Notices]
[Pages 70957-70960]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29621]


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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 Antidumping 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 antidumping duty order on chlorinated 
isocyanurates (chlorinated isos) from the People's Republic of China 
(PRC). The period of review (POR) for this administrative review is 
June 1, 2009, through May 31, 2010. We invited interested parties to 
comment on our Preliminary Results.\1\ Based on our analysis of the 
comments received, we have made changes to the 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.
---------------------------------------------------------------------------

    \1\ See Chlorinated Isocyanurates From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review, 76 FR 40689 (July 11, 2011) (Preliminary Results).

---------------------------------------------------------------------------
DATES: Effective Date: November 16, 2011.

FOR FURTHER INFORMATION CONTACT: Emily Halle, 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) 482-0176.

SUPPLEMENTARY INFORMATION:

Background

    On July 11, 2011, the Department published its Preliminary Results. 
On August 1, 2011, Clearon Corporation and Occidental Chemical 
Corporation (Petitioners) timely filed surrogate value information.\2\ 
The Department notified parties that it had clarified its separate rate 
methodology for non-reviewed companies on August 30, 2011.\3\ On 
September 9, 2011, Hebei Jiheng Chemical Company, Ltd. (Jiheng), 
Juancheng Kangtai Chemical Co., Ltd. (Kangtai), Zhucheng Taisheng 
Chemical Co., Ltd. (Zhucheng), and Petitioners filed case briefs. 
Kangtai also filed new factual information on September 9, 2011,\4\ 
which the Department rejected as untimely on September 16, 2011.\5\ On

[[Page 70958]]

September 15, 2011, rebuttal case brief deadlines were extended to 
September 19, 2011. Arch Chemicals (China) Co., Ltd. (Arch China), 
Zhucheng, Kangtai and Petitioners timely filed rebuttal briefs on 
September 19, 2011. On August 10, 2011, and September 19, 2011, the 
Department received requests for a public hearing from Zhucheng and 
Kangtai, respectively.\6\ The Department conducted a public hearing on 
October 14, 2011.\7\
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    \2\ See Letter from Petitioners regarding ``Chlorinated 
Isocyanurates from The People's Republic of China: Fifth 
Administrative Review: Information Regarding Surrogate Values for 
Factors of Production,'' dated August 1, 2011 (Petitioners Surrogate 
Value Letter).
    \3\ See Memorandum to Barbara E. Tillman, Director, AD/CVD 
Operations, Office 6, regarding ``Rate for Non-Selected Companies,'' 
dated August 30, 2011 (Separate Rate Memorandum).
    \4\ See Letter from Juancheng Kangtai Chemical Co., Ltd. 
regarding ``Certain Chlorinated Isocyanurates from the People's 
Republic of China Rebuttal of New Facts by Juancheng Kangtai,'' 
dated September 9, 2011.
    \5\ See Letter to Juancheng Kangtai Chemical Co., Ltd. regarding 
``2009-2010 Administrative Review of the Antidumping Duty Order on 
Chlorinated Isocyanurates from the People's Republic of China,'' 
dated September 16, 2011.
    \6\ See Letter from Zhucheng Taisheng Chemical Co., Ltd., 
regarding ``Request for Hearing: Chlorinated Isocyanurates from the 
People's Republic of China, June 1, 2009-May 31, 2010 Period of 
Review,'' dated August 10, 2011. See also Letter from Juancheng 
Kangtai Chemical Co., Ltd., regarding ``Certain Chlorinated 
Isocyanurates from the People's Republic of China Request for 
Hearing,'' dated September 19, 2011.
    \7\ See Public Hearing in the matter ``Chlorinated Isocyanurates 
from the People's Republic of China,'' dated October 14, 2011.
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Scope of the Order

    The products covered by the order are chlorinated isocyanurates 
(chlorinated isos), which are derivatives of cyanuric acid, described 
as chlorinated s-triazine triones. There are three primary chemical 
compositions of chlorinated isos: (1) Trichloroisocyanuric acid 
(Cl3(NCO)3), (2) sodium dichloroisocyanurate 
(dihydrate) (NaCl2(NCO)3(2H2O), and 
(3) sodium dichloroisocyanurate (anhydrous) 
(NaCl2(NCO)3). Chlorinated isos are available in 
powder, granular, and tableted forms. The order covers all chlorinated 
isos.
    Chlorinated isos are currently classifiable under subheadings 
2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.40.50, 3808.50.40 and 
3808.94.5000 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 isos 
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 post-preliminary comments by parties in 
this review are addressed in the memorandum from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Import 
Administration, entitled ``Issues and Decision Memorandum for the Final 
Results of the Administrative Review of Chlorinated Isocyanurates from 
the People's Republic of China,'' dated concurrently with this notice 
(Decision Memorandum), which is hereby adopted by this notice. A list 
of the issues that parties raised and to which we responded in the 
Decision Memorandum is attached to this notice as an appendix. Parties 
can find a complete discussion of all issues raised in this review and 
the corresponding recommendations in the public memorandum, which is on 
file electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Services System (IA ACCESS). 
Access to IA ACCESS is available in the Central Records Unit (CRU), 
main Commerce Building, Room 7046, and is also accessible on the Web at 
https://ia.ita.doc.gov/frn. The paper copy and electronic versions of 
the Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    The Department has made several programming adjustments.\8\ First, 
we corrected the constructed entered value amount to include materials 
for which Jiheng was reimbursed by the U.S. customer and materials 
provided free of charge. Next, by applying the inland freight surrogate 
value, measured in U.S. dollars per metric ton per kilometer, to 
certain packing and packaging materials that were reported in 
kilograms, we overstated the values for these materials. We adjusted 
the inland freight value by dividing it by 1,000 and applying this 
adjusted value to all packing and packaging materials that were 
reported in kilograms. Finally, in the Petitioners Surrogate Value 
Letter, Petitioners provided two additional financial statements to 
value chlorine and hydrogen factors of production along with the 
financial statements used in the Preliminary Results.\9\ No parties 
objected to the use of the cholorine and hydrogen values in these 
additional financial statements. After reviewing these financial 
statements, the Department adjusted the surrogate values for chlorine 
and hydrogen to include the sales values of chlorine and hydrogen 
reported in these financial statements. See Decision Memorandum.
---------------------------------------------------------------------------

    \8\ See Memorandum to Mark Hoadley, Program Manager, AD/CVD 
Operations, Office 6, regarding ``Analysis for the Final Results of 
the 2009-2010 Administrative Review of the Antidumping Duty Order on 
Chlorinated Isocyanurates from the People's Republic of China: Hebei 
Jiheng Chemical Company Ltd.,'' dated November 8, 2011 (Analysis 
Memorandum) for a detailed discussion of these changes.
    \9\ See Preliminary Results, 76 FR at 40695.
---------------------------------------------------------------------------

Separate Rates

    In proceedings involving non-market economy (NME) countries, the 
Department begins with a rebuttable presumption that all companies 
within the country are subject to government control and, thus, should 
be assigned a single antidumping duty deposit rate. It is the 
Department's policy to assign all exporters of subject merchandise in 
an NME country this single rate unless an exporter can demonstrate that 
it is sufficiently independent so as to be eligible for a separate 
rate.\10\ In the Preliminary Results, the Department found that Arch 
China, Kangtai, and Zhucheng demonstrated their eligibility for 
separate rate status.\11\
---------------------------------------------------------------------------

    \10\ See Final Determination of Sales at Less Than Fair Value: 
Sparklers From the People's Republic of China, 56 FR 20588 (May 6, 
1991), as further developed in Notice of Final Determination of 
Sales at Less Than Fair Value: Silicon Carbide From the People's 
Republic of China, 59 FR 22585 (May 2, 1994).
    \11\ See Preliminary Results, 76 FR at 40693.
---------------------------------------------------------------------------

    For these final results, we continue to find that the evidence 
placed on the record of this review by Arch China, Kangtai and Zhucheng 
demonstrates both a de jure and de facto absence of government control, 
with respect to their exports of the merchandise under review, and, 
thus, these companies are eligible for separate rate status.

Margin for the Separate Rate Companies

    The rate for the individually examined respondent, Jiheng, 
continues to be de minimis and, accordingly, the Department must 
determine a reasonable alternative method for assigning a rate to Arch 
China, Kangtai and Zhucheng. In the Separate Rate Memorandum, the 
Department announced that the method used to determine the rate for the 
non-selected companies in the Preliminary Results was not consistent 
with current practice, as recently clarified.\12\ In previous cases, 
the Department has determined that a ``reasonable method'' to use when, 
as here, the rates of the mandatory respondents are zero and de 
minimis, is to apply to those companies not selected for individual 
review (but

[[Page 70959]]

eligible for a separate rate in NME cases) the average of the most 
recently determined rates that are not zero, de minimis or based 
entirely on facts available (which may be from a prior administrative 
review or a new shipper review).\13\ However, if any such non-selected 
company had its own calculated rate that is contemporaneous with or 
more recent than such prior determined rates, the Department has 
applied such an individual rate to the non-selected company in the 
review in question, including when that rate is zero or de minimis.\14\
---------------------------------------------------------------------------

    \12\ See Administrative Review of Certain Frozen Warmwater 
Shrimp From the People's Republic of China: Final Results and 
Partial Rescission of Antidumping Duty Administrative Review, 76 FR 
51940, 51942 (August 19, 2011).
    \13\ See id.; see also Amanda Foods (Vietnam) Ltd. v. United 
States, Slip Op. 2011-39, 2011 Ct. Intl. Trade LEXIS 37 at 12 (CIT 
April 14, 2011).
    \14\ Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Notice of Preliminary Results of the New Shipper Review and 
Fourth Antidumping Duty Administrative Review and Partial Rescission 
of the Fourth Administrative Review, 73 FR 52015 (September 8, 2008) 
(changed in the final results as the final calculated rate for the 
mandatory respondent was above de minimis, which remained unchanged 
in the amended final results). See also Certain Frozen Warmwater 
Shrimp From the Socialist Republic of Vietnam: Final Results and 
Final Partial Rescission of Antidumping Duty Administrative Review, 
74 FR 47191, 47195 (September 15, 2009) and accompanying Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

    The most recently published rate on the record of these proceedings 
for other companies that is not zero, de minimis or based entirely on 
facts available is the 2.66 percent rate calculated for Jiheng in the 
2008-2009 administrative review.\15\ Therefore, the Department is now 
assigning Arch China, Kangtai, and Zhucheng a weighted-average margin 
of 2.66 percent as their separate rate.\16\
---------------------------------------------------------------------------

    \15\ See Chlorinated Isocyanurates From the People's Republic of 
China: Final Results of 2008-2009 Antidumping Administrative Review, 
75 FR 70212, 70213 (November 17, 2010).
    \16\ See Decision Memorandum at Comments 2, 3 and 4 (which 
further explain the use of this rate as the separate rate).
---------------------------------------------------------------------------

Final Results of Review

    We determine that the following weighted-average dumping margins 
exist for the period June 1, 2009, through May 31, 2010.

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                        margin percentage
------------------------------------------------------------------------
Hebei Jiheng Chemical Co., Ltd.....................             \1\ 0.03
Juancheng Kangtai Chemical Co., Ltd................                 2.66
Arch Chemicals (China) Co., Ltd....................                 2.66
Zhucheng Taisheng Chemical Co., Ltd................                 2.66
------------------------------------------------------------------------
\1\ (de minimis).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with the final results of this 
review. The Department will direct CBP to assess importer-specific 
assessment rates based on the resulting per-unit (i.e., per metric ton) 
amount (for Jiheng) or ad valorem rate (for separate rate respondents) 
on each entry of the subject merchandise during the POR. The Department 
intends to issue assessment instructions directly to CBP 15 days after 
the publication of this notice.

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, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the exporter's 
listed above, the cash deposit rate will be the rate established in the 
final results of this review (except, if the rate is zero or de 
minimis, i.e., less than 0.5 percent, a zero cash deposit rate will be 
required for that company); (2) for previously investigated or reviewed 
PRC and non-PRC 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 that 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; \17\ and (4) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporter(s) that supplied 
that non-PRC exporter. These deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \17\ For an explanation on the derivation of the PRC-wide rate, 
see Notice of Final Determination of Sales at Less Than Fair Value: 
Chlorinated Isocyanurates From the People's Republic of China, 70 FR 
24502, 24505 (May 10, 2005).
---------------------------------------------------------------------------

Notification to Importers

    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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), 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 regulations and terms of an APO is a 
violation which is subject to sanction.

Disclosure

    In accordance with 19 CFR 351.224(b), we will disclose the 
calculations performed for these final results to parties in this 
proceeding within five days of the date of publication of this notice.
    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: November 8, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix

List of Comments and Issues in the Issues and Decision Memorandum

    Comment 1: Respondent Selection.
    Comment 2: Kangtai's New Shipper Review Rate is not 
Representative of its Current Behavior.

[[Page 70960]]

    Comment 3: Jiheng's Prior Administrative Review Rate is not 
Representative of the Current Behavior of Arch China and Zhucheng.
    Comment 4: Exclusion of De Minimis Rates from Consideration as 
Separate Rates for Non-Reviewed Companies.
    Comment 5: Use of Multiple Separate Rates.
    Comment 6: Calculation of Entered Value.
    Comment 7: Calculation of Inland Freight.
    Comment 8: Per-Unit Assessment Rate in Draft Liquidation 
Instructions.
    Comment 9: Zeroing Methodology in Reviews.
    Comment 10: Kangtai's New Factual Submission Should Not Have 
Been Rejected.

[FR Doc. 2011-29621 Filed 11-15-11; 8:45 am]
BILLING CODE 3510-DS-P
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