Chlorinated Isocyanurates From the People's Republic of China: Initiation of New Shipper Review, 5773 [2012-2648]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Page 5773]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2648]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


Chlorinated Isocyanurates From the People's Republic of China: 
Initiation of New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has received a 
timely request for a new shipper review of the antidumping duty order 
on chlorinated isocyanurates (chlorinated isos) from the People's 
Republic of China (PRC). The Department determines that the request is 
sufficient to meet the statutory and regulatory requirements for 
initiation. The period of review for the new shipper review is June 1, 
2011, through February 29, 2012.

DATES: Effective Date: January 31, 2012.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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) 482-4261.

SUPPLEMENTARY INFORMATION:

Background

    The antidumping duty order on chlorinated isos from the PRC was 
published on June 24, 2005. See Notice of Antidumping Duty Order: 
Chlorinated Isocyanurates from the People's Republic of China, 70 FR 
36561 (June 24, 2005). On December 30, 2011, the Department received a 
timely request for a new shipper review from Puyang Cleanway Chemicals 
Ltd. (Puyang Cleanway) in accordance with 19 CFR 351.214(c) and 19 CFR 
351.214(d).
    Pursuant to the requirements set forth in 19 CFR 351.214(b)(2), in 
its request for a new shipper review, Puyang Cleanway certified that: 
(1) It did not export chlorinated isos to the United States during the 
period of investigation (POI); (2) since the initiation of the 
investigation, it has never been affiliated with any company that 
exported subject merchandise to the United States during the POI, 
including any exporter or producer not individually examined during the 
investigation; and (3) its export activities are not controlled by the 
central government of the PRC. In accordance with 19 CFR 
351.214(b)(2)(iv), Puyang Cleanway submitted documentation establishing 
the following: (1) The date on which it first shipped chlorinated isos 
for export to the United States and the date on which chlorinated isos 
was first entered, or withdrawn from warehouse, for consumption; (2) 
the volume of the first shipment; (3) the date of the first sale to an 
unaffiliated customer in the United States; and (4) the volume of 
subsequent shipments of chlorinated isos.

Period of Review

    Usually, in accordance with 19 CFR 351.214(g)(1)(i)(B), the period 
of review (POR) for new shipper reviews initiated in the month 
immediately following the semi-annual anniversary month will be the 
six-month period immediately preceding the semiannual anniversary month 
(in this instance, June 1, 2011, through November 30, 2011). Puyang 
Cleanway's first sale of subject merchandise was sold two months 
before, and entered one month before, the POR specified by the 
Department's regulations for a semi-annual new shipper review. Puyang 
Cleanway's request for a new shipper review was within one year of this 
first sale, making its request timely under 19 CFR 351.214(c). Its 
second sale, which took place during the POR, had not yet entered as of 
the issuance of this notice. The Department has in the past extended a 
POR forward to capture entries for sales made during the POR that had 
not yet entered during the POR specified by the Department's 
regulations.\1\ Therefore, consistent with 19 CFR.214(f)(2)(ii), the 
Department is extending the POR for the new shipper review forward by 
the time necessary for Puyang Cleanway to enter the second sale, but 
not past February 29, 2012. If the second sale has not yet entered by 
February 29, 2012, the Department intends to rescind this new shipper 
review.
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    \1\ See, e.g., Chlorinated Isocyanurates From the People's 
Republic of China: Initiation of New Shipper Review, 76 FR 6399 
(February 4, 2011).
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Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.214(b), we find that the request 
submitted by Puyang Cleanway meets the threshold requirements for 
initiation of a new shipper review for shipments of chlorinated isos 
from the PRC. See Memorandum to the File through Barbara E. Tillman, 
Director, AD/CVD Operations, Office 6, ``Initiation of Antidumping New 
Shipper Review: Chlorinated Isocyanurates from the People's Republic of 
China (A-570-898),'' dated concurrently with this notice.
    The Department will conduct the review according to the deadlines 
set forth in section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i). 
It is the Department's practice, in cases involving non-market 
economies, to require that a company seeking to establish eligibility 
for an antidumping duty rate separate from the country-wide rate 
provide evidence of de jure and de facto absence of government control 
over the company's export activities. Accordingly, we will issue a 
questionnaire to Puyang Cleanway, which will include a separate rate 
section. The review will proceed if the response provides sufficient 
indication that Puyang Cleanway is not subject to either de jure or de 
facto government control with respect to the export of chlorinated 
isos. We will instruct U.S. Customs and Border Protection to allow, at 
the option of the importer, the posting, until the completion of the 
review, of a bond or security in lieu of a cash deposit for each entry 
of the subject merchandise from Puyang Cleanway in accordance with 
section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e).
    Interested parties requiring access to proprietary information in 
this new shipper review should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: January 31, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2012-2648 Filed 2-3-12; 8:45 am]
BILLING CODE 3510-DS-P