Chlorinated Isocyanurates From the People's Republic of China: Final Results of Antidumping Duty New Shipper Review, 21964-21966 [2012-8865]
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21964
Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices
Register as the effective date of this
determination.
DEPARTMENT OF COMMERCE
Instructions to U.S. Customs and
Border Protection
[A–570–898]
International Trade Administration
We will instruct U.S. Customs and
Border Protection to apply the cashdeposit rate in effect for AMSB to all
entries of the subject merchandise from
Aperam that were entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of these final results of the
changed circumstances review.
Notifications
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 doubled antidumping duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing these
results and notice in accordance with
sections 751(b)(1) and 777(i)(1) and (2)
of the Tariff Act of 1930, as amended,
and 19 CFR 351.216(e).
Dated: April 4, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
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List of Comments in the Issues and Decision
Memorandum
Comment 1: Retroactive Application of the
Final Results
[FR Doc. 2012–8864 Filed 4–11–12; 8:45 am]
BILLING CODE 3510–DS–P
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Chlorinated Isocyanurates From the
People’s Republic of China: Final
Results of Antidumping Duty New
Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 15, 2011, the
Department of Commerce (the
Department) published in the Federal
Register the preliminary rescission of
the antidumping duty new shipper
review (NSR) of chlorinated
isocyanurates from the People’s
Republic of China (PRC) for Heze Huayi
Chemical Co. Ltd. (Heze Huayi).1 We
gave interested parties an opportunity to
comment on the preliminary rescission.
Based on our analysis of the comments
received, we now are assigning Heze
Huayi its own rate for these final results.
See ‘‘Final Results of Review’’ section
below.
DATES: Effective April 12, 2012.
FOR FURTHER INFORMATION CONTACT: Jun
Jack Zhao, 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) 482–1396.
SUPPLEMENTARY INFORMATION: We
preliminarily rescinded the NSR for
Heze Huayi on November 15, 2011. See
Preliminary Results. In the preliminary
rescission notice, the Department stated
that interested parties were to submit
case briefs within 30 days of publication
of the Preliminary Results and rebuttal
briefs within five days after the due date
for filing case briefs. We received a case
brief from Heze Huayi on December 16,
2011; we received a rebuttal brief from
the Clearon Corp. and Occidental
Chemical Corporation (collectively,
Petitioners) on December 22, 2011.2 On
December 15, 2011, we received a
hearing request from Heze Huayi,
pursuant to 19 CFR 351.310(c). Also on
December 15, 2011, Petitioners filed a
request to participate in a hearing
should one be requested by another
party. On January 18, 2012, we
conducted a closed session hearing
concerning Heze Huayi’s unreported
AGENCY:
1 See Chlorinated Isocyanurates from the People’s
Republic of China: Preliminary Rescission of
Antidumping Duty New Shipper Review, 76 FR
70705 (November 15, 2011) (Preliminary Results).
2 Petitioners filed an extension request for filing
their rebuttal brief until December 22, 2011, and the
Department granted the extension request.
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sales that led to the Department’s
preliminary rescission of the NSR. On
February 1, 2012, the Department
extended the time limit for the final
results of the NSR.3 On February 22,
2012, Heze Huayi submitted a ‘‘Notice
of New Authority’’ following the U.S.
Court of International Trade (CIT)
opinion 4 concerning the final results of
the third NSR of the antidumping duty
order of certain frozen fish fillets from
the Socialist Republic of Vietnam,5
Petitioners filed a rebuttal response to
the ‘‘Notice of New Authority’’
submission on February 29, 2012.
Period of Review
Pursuant to 19 CFR 351.214(g), the
period of review (POR) for this NSR is
June 1, 2010, through December 31,
2010.
Scope of the Order
The products covered by the order are
chlorinated isocyanurates, which are
derivatives of cyanuric acid, described
as chlorinated s-triazine triones. There
are three primary chemical
compositions of chlorinated
isocyanurates: (1) Trichloroisocyanuric
acid (Cl3(NCO)3), (2) sodium
dichloroisocyanurate (dihydrate)
(NaCl2(NCO)3(2H2O), and (3) sodium
dichloroisocyanurate (anhydrous)
(NaCl2(NCO)3). Chlorinated
isocyanurates are available in powder,
granular, and tableted forms. The order
covers all chlorinated isocyanurates.
Chlorinated isocyanurates are
currently classifiable under subheadings
2933.69.6015, 2933.69.6021,
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 isocyanurates
and other compounds including an
unfused triazine ring. Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
3 See Chlorinated Isocyanurates From the
People’s Republic of China: Extension of Time Limit
for Final Results of Antidumping Duty New Shipper
Review, 77 FR 4990 (February 1, 2012).
4 See Hiep Thanh Seafood Joint Stock Co. v.
United States, Consol. Court No. 09–00270, Slip
Op. 12–19 (February 15, 2012).
5 See Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Final Results of the Third
New Shipper Reviews, 74 FR 29473 (June 22, 2009),
and Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Amended Final Results of
New Shipper Review 74 FR 37188 (July 28, 2009).
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Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices
written description of the scope of the
order is dispositive.
mstockstill on DSK4VPTVN1PROD with NOTICES
Use of Facts Otherwise Available
Section 776(a) of Tariff Act of 1930,
as amended (the Act) provides that the
Department shall apply ‘‘facts otherwise
available’’ (FA) if, inter alia, necessary
information is not on the record.
Because we do not have complete sales
and factors of production information
for certain U.S. sales, the Department
has based the antidumping duty margin
for Heze Huayi on FA. While section
776(b) of the Act provides for the use of
an adverse inference in applying FA in
certain circumstances, the Department
has determined that no such
circumstances are at issue here that
would warrant the use of an adverse
inference. Therefore, as FA, we are
applying the rate of 2.66 percent, which
is the rate applied to Hebei Jiheng
Chemical Company, Ltd. in the most
recently completed administrative
review.6 For a complete discussion, see
Memorandum to Paul Piquado,
Assistant Secretary for Import
Administration, ‘‘Issues and Decision
Memorandum for the Final Results of
the New Shipper Review of Chlorinated
Isocyanurates from the People’s
Republic of China: Heze Huayi
Chemical Co., Ltd.,’’ (Decision
Memorandum), dated concurrently
with, and hereby adopted by, this
notice. A list of the issues addressed in
the Decision Memorandum is appended
to this notice. The Decision
Memorandum is on file electronically
via Import Administration’s
Antidumping and Countervailing Duty
Centralized Electronic Services System
(IA ACCESS). IA ACCESS is available in
the Central Records Unit, room 7046 of
the main Commerce building. In
addition, a complete version of the
Decision Memorandum is accessible on
the Web at https://ia.ita.doc.gov/frn. The
signed Decision Memorandum and the
electronic versions of the Decision
Memorandum are identical in content.
When the Department relies on
secondary information rather than on
information obtained in the course of an
investigation or review, section 776(c) of
the Act provides that, to the extent
practicable, the Department shall
corroborate that information from
independent sources that are reasonably
at its disposal. Secondary information is
defined as information derived from the
petition, the final determination
concerning the subject merchandise, or
6 See Chlorinated Isocyanurates from the People’s
Republic of China: Final Results of 2008–2009
Antidumping Duty Administrative Review, 75 FR
70212 (November 17, 2010).
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Jkt 226001
any previous review under section 751
of the Act concerning the subject
merchandise. To corroborate means that
the Department will satisfy itself that
the secondary information to be used
has probative value.7 To corroborate
secondary information, the Department
will, to the extent practicable, examine
the reliability and relevance of the
information to be used.8
The FA rate of 2.66 percent selected
for Heze Huayi is based on information
submitted in a previous segment of this
proceeding, the 2008–2009
administrative review. It is a calculated
rate based solely on the questionnaire
responses of the mandatory respondent
in that review from the immediately
preceding review period. Given that this
rate is based on recent information
submitted by a cooperative respondent
producer of the subject merchandise
under this same order, we find that the
rate is reliable and relevant for use in
this administrative review. Therefore, it
has probative value for use as FA. As
such, the Department finds this rate to
be corroborated to the extent
practicable, consistent with section
776(c) of the Act.
Changes Since the Preliminary Results
Based on our analysis of all of the
comments and information on the
record, the Department has decided not
to maintain its preliminary rescission
results for these final results. In the
Preliminary Results, the Department
found that Heze Huayi failed to report
its first sale to the United States which
it was required to report pursuant to 19
CFR 351.214(b)(2). For these final
results, the Department determines that
Heze Huayi could have reasonably
concluded that it was not required to
report this sale. Accordingly, the
Department is not rescinding this
review but, instead, assigning Heze
Huayi a dumping margin. Because the
Department does not have the necessary
factors of production data for all sales,
we are instead assigning Heze Huayi,
based on FA pursuant to section 776 of
the Act, the most recently calculated
weighted-average margin for a review
7 See
id.
Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, From Japan, and Tapered
Roller Bearings, Four Inches or Less in Outside
Diameter, and Components Thereof, From Japan:
Preliminary Results of Antidumping Duty
Administrative Reviews and Partial Termination of
Administrative Reviews, 61 FR 57391, 57392
(November 6, 1996), unchanged in Tapered Roller
Bearings and Parts Thereof, Finished and
Unfinished, From Japan, and Tapered Roller
Bearings, Four Inches or Less in Outside Diameter,
and Components Thereof, From Japan: Final
Results of Antidumping Duty Administrative
Reviews and Termination in Part, 62 FR 11825
(March 13, 1997).
8 See
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21965
under this order, 2.66 percent. A full
discussion of this decision is set forth in
the Decision Memorandum, referred to
above.
Final Results of Review
As a result of our review, we
determine the following antidumping
margin exists for the period June 1,
2010, through December 31, 2010.
Manufacturer/Exporter
Heze Huayi Chemical Co. Ltd. ...
Weightedaverage
margin
(percent)
2.66
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 NSR. The
Department will direct CBP to assess
importer-specific assessment rates based
on the ad valorem rate 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
Effective upon publication of the final
results of the NSR, we will instruct CBP
to discontinue the option of posting a
bond or security in lieu of a cash
deposit for entries of subject
merchandise exported by Heze Huayi.
The following cash deposit
requirements will be effective for all
shipments of subject merchandise by
Heze Huayi, entered, or withdrawn from
warehouse, for consumption on or after
the publication date, as provided by
section 751(a)(2)(C) of Act: (1) For
subject merchandise produced and
exported by Heze Huayi, the cash
deposit rate will be the percent listed
above, or the equivalent per-unit rate;
(2) for subject merchandise exported by
Heze Huayi, but not manufactured by
Heze Huayi, the cash deposit rate will
continue to be the PRC-wide rate of
285.63 percent; and (3) for subject
merchandise manufactured by Heze
Huayi, but exported by any party other
than Heze Huayi, the cash deposit rate
will be the rate applicable to the
exporter. These cash deposit
requirements will remain in effect until
further notice.
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21966
Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. 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.
Administrative Protective Orders
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, 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
which is subject to sanction.
These final results and this notice are
issued and published in accordance
with sections 751(a)(2)(B) and 777(i)(1)
of the Act.
Dated: April 5, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix
Issues in the Decision Memorandum
Comment 1: Whether the Department’s
Preliminary Determination to Rescind the
New Shipper Review Was Correct
Comment 2: Whether the Department
Properly Analyzed Heze Huayi’s
Unreported Sales
Comment 3: Whether Heze Huayi’s Final
Antidumping Duty Rate Should Be the
PRC-entity Rate
[FR Doc. 2012–8865 Filed 4–11–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
mstockstill on DSK4VPTVN1PROD with NOTICES
[A–570–878]
Saccharin From the People’s Republic
of China: Preliminary Results of
Antidumping Duty Administrative
Review and Intent To Rescind in Part
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
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DATES: April 12, 2012.
SUMMARY: The U.S. Department
of
Commerce (‘‘the Department’’) is
conducting an administrative review of
the antidumping duty order on
saccharin from the People’s Republic of
China (‘‘PRC’’) for the period of review
(‘‘POR’’) July 1, 2010, through June 30,
2011, covering 12 manufacturers/
exporters of subject merchandise from
the PRC.1 The Department intends to
rescind the review with respect to
Kingchem LLC (‘‘Kingchem’’), for which
the request for review was timely
withdrawn. The Department
preliminarily finds that, because none of
the companies located in the PRC
established eligibility for a separate rate,
they will be treated as part of the PRCwide entity. The Department also finds
that the third-country exporters, because
they do not have individual exporter
rates, will continue to be subject to the
cash deposit and assessment rates
applicable to their PRC suppliers, in
accordance with the Department’s
longstanding practice.2
We intend to issue the final results no
later than 120 days from the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (‘‘the Act’’).
FOR FURTHER INFORMATION CONTACT: Paul
Stolz, 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) 482–4474.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2011, the Department
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order on saccharin
from the PRC for the period July 1, 2010
through June 30, 2011.3 On July 28,
2011, the Department received a timely
request from Kinetic Industries
(‘‘Kinetic’’), in accordance with 19 CFR
351.213(b), for an administrative review
of this order. Kinetic submitted a second
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Revocation in Part, 76 FR 53404 (August 26, 2011)
(‘‘Initiation’’).
2 See e.g., Chrome-Plated Lug Nuts From the
People’s Republic of China; Final Results of
Antidumping Administrative Review, 60 FR 48687
(September 20, 1995) and Certain Frozen Fish
Fillets From the Socialist Republic of Vietnam:
Final Results and Partial Rescission of the Seventh
Antidumping Duty Administrative Review, 77 FR
15039 (March 14, 2012).
3 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 76 FR 38609
(July 1, 2011).
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timely request on July 29, 2011, naming
a twelfth respondent. On August 26,
2011, in accordance with section 751(a)
of the Tariff Act of 1930, as amended
(‘‘the Act’’), the Department published
in the Federal Register the initiation
notice of this antidumping duty
administrative review with respect to
the 12 companies covered by Kinetic’s
requests for review.4 On October 25,
2011, the Department placed on the
record U.S. Customs and Border
Protection (‘‘CBP’’) import data which
indicates that none of the companies
named in the Initiation had suspended
entries of subject merchandise into the
United States during the POR.5
The Department invited comments
regarding the CBP data and respondent
selection but received none. In addition,
the Department issued a no-shipment
inquiry to CBP on December 21, 2011,
covering the companies located in the
PRC and the third-country exporters
(except Kingchem).6 The inquiry
requested CBP to report any evidence of
shipments during the POR by these
companies but did not request a
response if no such evidence exists. The
Department did not receive a response
from CBP.
Scope of the Order
The product covered by this
antidumping duty order is saccharin.
Saccharin is defined as a non-nutritive
sweetener used in beverages and foods,
personal care products such as
toothpaste, table top sweeteners, and
animal feeds. It is also used in
metalworking fluids. There are four
primary chemical compositions of
saccharin: (1) Sodium saccharin
(American Chemical Society Chemical
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Requests for Revocation in Part, 76 FR 53404
(August 26, 2011) (‘‘Initiation’’). The Initiation
covered the following companies: (1) Pingdingshan
Coal Group Kaifeng Xinghua Fine Chemical Plant
(‘‘Fine Chemical’’); (2) Tianjin Changjie Chemical
Co., Ltd. (‘‘Changjie Chemical’’); (3) Tianjin North
Food Co., Ltd. (‘‘North Food’’); (4) Hangzhou
Embaiking Pharmaceutical Corp. Ltd. (‘‘Embaiking
Pharmaceutical’’); (5) Escalade Ltd./Escalade Israel
Ltd. (‘‘Escalade’’); (6) The High Trans Corporation
(‘‘High Trans Corporation’’); (7) The Seicheng
Chemical Company (aka Sei Cheng) (‘‘Seicheng
Chemical’’); (8) Yuan Shan Co. Ltd. (‘‘Yuan Shan’’);
(9) Sin-Ho Trading Co. Ltd. (aka Xin He) (‘‘Sin-Ho
Trading’’); (10) Long Hwang Chemicals Co. Ltd. (aka
Lung Huang Trading) (‘‘Long Hwang Chemicals’’);
(11) Sun Disc Company, Ltd. (‘‘Sun Disc’’); and (12)
Kingchem.
5 See Memorandum to the File, ‘‘Saccharin from
the People’s Republic of China: Release of U.S.
Entry Documents from the Department’s August 25,
2011 Request—A–570–878,’’ (‘‘Release of Entry
Data’’) dated October 25, 2011.
6 The Department’s no-shipment inquiry is
located on the CBP Web site under message number
1355309, dated December 21, 2011. See https://
addcvd.cbp.gov.
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]]>Agencies
[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Notices]
[Pages 21964-21966]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8865]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-898]
Chlorinated Isocyanurates From the People's Republic of China:
Final Results of Antidumping Duty New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 15, 2011, the Department of Commerce (the
Department) published in the Federal Register the preliminary
rescission of the antidumping duty new shipper review (NSR) of
chlorinated isocyanurates from the People's Republic of China (PRC) for
Heze Huayi Chemical Co. Ltd. (Heze Huayi).\1\ We gave interested
parties an opportunity to comment on the preliminary rescission. Based
on our analysis of the comments received, we now are assigning Heze
Huayi its own rate for these final results. See ``Final Results of
Review'' section below.
---------------------------------------------------------------------------
\1\ See Chlorinated Isocyanurates from the People's Republic of
China: Preliminary Rescission of Antidumping Duty New Shipper
Review, 76 FR 70705 (November 15, 2011) (Preliminary Results).
---------------------------------------------------------------------------
DATES: Effective April 12, 2012.
FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao, 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) 482-1396.
SUPPLEMENTARY INFORMATION: We preliminarily rescinded the NSR for Heze
Huayi on November 15, 2011. See Preliminary Results. In the preliminary
rescission notice, the Department stated that interested parties were
to submit case briefs within 30 days of publication of the Preliminary
Results and rebuttal briefs within five days after the due date for
filing case briefs. We received a case brief from Heze Huayi on
December 16, 2011; we received a rebuttal brief from the Clearon Corp.
and Occidental Chemical Corporation (collectively, Petitioners) on
December 22, 2011.\2\ On December 15, 2011, we received a hearing
request from Heze Huayi, pursuant to 19 CFR 351.310(c). Also on
December 15, 2011, Petitioners filed a request to participate in a
hearing should one be requested by another party. On January 18, 2012,
we conducted a closed session hearing concerning Heze Huayi's
unreported sales that led to the Department's preliminary rescission of
the NSR. On February 1, 2012, the Department extended the time limit
for the final results of the NSR.\3\ On February 22, 2012, Heze Huayi
submitted a ``Notice of New Authority'' following the U.S. Court of
International Trade (CIT) opinion \4\ concerning the final results of
the third NSR of the antidumping duty order of certain frozen fish
fillets from the Socialist Republic of Vietnam,\5\ Petitioners filed a
rebuttal response to the ``Notice of New Authority'' submission on
February 29, 2012.
---------------------------------------------------------------------------
\2\ Petitioners filed an extension request for filing their
rebuttal brief until December 22, 2011, and the Department granted
the extension request.
\3\ See Chlorinated Isocyanurates From the People's Republic of
China: Extension of Time Limit for Final Results of Antidumping Duty
New Shipper Review, 77 FR 4990 (February 1, 2012).
\4\ See Hiep Thanh Seafood Joint Stock Co. v. United States,
Consol. Court No. 09-00270, Slip Op. 12-19 (February 15, 2012).
\5\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Final Results of the Third New Shipper Reviews, 74 FR
29473 (June 22, 2009), and Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Amended Final Results of New Shipper
Review 74 FR 37188 (July 28, 2009).
---------------------------------------------------------------------------
Period of Review
Pursuant to 19 CFR 351.214(g), the period of review (POR) for this
NSR is June 1, 2010, through December 31, 2010.
Scope of the Order
The products covered by the order are chlorinated isocyanurates,
which are derivatives of cyanuric acid, described as chlorinated s-
triazine triones. There are three primary chemical compositions of
chlorinated isocyanurates: (1) Trichloroisocyanuric acid
(Cl3(NCO)3), (2) sodium dichloroisocyanurate
(dihydrate) (NaCl2(NCO)3(2H2O), and
(3) sodium dichloroisocyanurate (anhydrous)
(NaCl2(NCO)3). Chlorinated isocyanurates are
available in powder, granular, and tableted forms. The order covers all
chlorinated isocyanurates.
Chlorinated isocyanurates are currently classifiable under
subheadings 2933.69.6015, 2933.69.6021, 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
isocyanurates and other compounds including an unfused triazine ring.
Although the HTSUS subheadings are provided for convenience and customs
purposes, the
[[Page 21965]]
written description of the scope of the order is dispositive.
Use of Facts Otherwise Available
Section 776(a) of Tariff Act of 1930, as amended (the Act) provides
that the Department shall apply ``facts otherwise available'' (FA) if,
inter alia, necessary information is not on the record. Because we do
not have complete sales and factors of production information for
certain U.S. sales, the Department has based the antidumping duty
margin for Heze Huayi on FA. While section 776(b) of the Act provides
for the use of an adverse inference in applying FA in certain
circumstances, the Department has determined that no such circumstances
are at issue here that would warrant the use of an adverse inference.
Therefore, as FA, we are applying the rate of 2.66 percent, which is
the rate applied to Hebei Jiheng Chemical Company, Ltd. in the most
recently completed administrative review.\6\ For a complete discussion,
see Memorandum to Paul Piquado, Assistant Secretary for Import
Administration, ``Issues and Decision Memorandum for the Final Results
of the New Shipper Review of Chlorinated Isocyanurates from the
People's Republic of China: Heze Huayi Chemical Co., Ltd.,'' (Decision
Memorandum), dated concurrently with, and hereby adopted by, this
notice. A list of the issues addressed in the Decision Memorandum is
appended to this notice. The Decision Memorandum is on file
electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Services System (IA ACCESS).
IA ACCESS is available in the Central Records Unit, room 7046 of the
main Commerce building. In addition, a complete version of the Decision
Memorandum is accessible on the Web at https://ia.ita.doc.gov/frn. The
signed Decision Memorandum and the electronic versions of the Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\6\ See Chlorinated Isocyanurates from the People's Republic of
China: Final Results of 2008-2009 Antidumping Duty Administrative
Review, 75 FR 70212 (November 17, 2010).
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When the Department relies on secondary information rather than on
information obtained in the course of an investigation or review,
section 776(c) of the Act provides that, to the extent practicable, the
Department shall corroborate that information from independent sources
that are reasonably at its disposal. Secondary information is defined
as information derived from the petition, the final determination
concerning the subject merchandise, or any previous review under
section 751 of the Act concerning the subject merchandise. To
corroborate means that the Department will satisfy itself that the
secondary information to be used has probative value.\7\ To corroborate
secondary information, the Department will, to the extent practicable,
examine the reliability and relevance of the information to be used.\8\
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\7\ See id.
\8\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, From Japan, and Tapered Roller Bearings, Four Inches or
Less in Outside Diameter, and Components Thereof, From Japan:
Preliminary Results of Antidumping Duty Administrative Reviews and
Partial Termination of Administrative Reviews, 61 FR 57391, 57392
(November 6, 1996), unchanged in Tapered Roller Bearings and Parts
Thereof, Finished and Unfinished, From Japan, and Tapered Roller
Bearings, Four Inches or Less in Outside Diameter, and Components
Thereof, From Japan: Final Results of Antidumping Duty
Administrative Reviews and Termination in Part, 62 FR 11825 (March
13, 1997).
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The FA rate of 2.66 percent selected for Heze Huayi is based on
information submitted in a previous segment of this proceeding, the
2008-2009 administrative review. It is a calculated rate based solely
on the questionnaire responses of the mandatory respondent in that
review from the immediately preceding review period. Given that this
rate is based on recent information submitted by a cooperative
respondent producer of the subject merchandise under this same order,
we find that the rate is reliable and relevant for use in this
administrative review. Therefore, it has probative value for use as FA.
As such, the Department finds this rate to be corroborated to the
extent practicable, consistent with section 776(c) of the Act.
Changes Since the Preliminary Results
Based on our analysis of all of the comments and information on the
record, the Department has decided not to maintain its preliminary
rescission results for these final results. In the Preliminary Results,
the Department found that Heze Huayi failed to report its first sale to
the United States which it was required to report pursuant to 19 CFR
351.214(b)(2). For these final results, the Department determines that
Heze Huayi could have reasonably concluded that it was not required to
report this sale. Accordingly, the Department is not rescinding this
review but, instead, assigning Heze Huayi a dumping margin. Because the
Department does not have the necessary factors of production data for
all sales, we are instead assigning Heze Huayi, based on FA pursuant to
section 776 of the Act, the most recently calculated weighted-average
margin for a review under this order, 2.66 percent. A full discussion
of this decision is set forth in the Decision Memorandum, referred to
above.
Final Results of Review
As a result of our review, we determine the following antidumping
margin exists for the period June 1, 2010, through December 31, 2010.
------------------------------------------------------------------------
Weighted-
average
Manufacturer/Exporter margin
(percent)
------------------------------------------------------------------------
Heze Huayi Chemical Co. Ltd................................. 2.66
------------------------------------------------------------------------
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 NSR.
The Department will direct CBP to assess importer-specific assessment
rates based on the ad valorem rate 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
Effective upon publication of the final results of the NSR, we will
instruct CBP to discontinue the option of posting a bond or security in
lieu of a cash deposit for entries of subject merchandise exported by
Heze Huayi. The following cash deposit requirements will be effective
for all shipments of subject merchandise by Heze Huayi, entered, or
withdrawn from warehouse, for consumption on or after the publication
date, as provided by section 751(a)(2)(C) of Act: (1) For subject
merchandise produced and exported by Heze Huayi, the cash deposit rate
will be the percent listed above, or the equivalent per-unit rate; (2)
for subject merchandise exported by Heze Huayi, but not manufactured by
Heze Huayi, the cash deposit rate will continue to be the PRC-wide rate
of 285.63 percent; and (3) for subject merchandise manufactured by Heze
Huayi, but exported by any party other than Heze Huayi, the cash
deposit rate will be the rate applicable to the exporter. These cash
deposit requirements will remain in effect until further notice.
[[Page 21966]]
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. 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.
Administrative Protective Orders
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, 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 which is subject to sanction.
These final results and this notice are issued and published in
accordance with sections 751(a)(2)(B) and 777(i)(1) of the Act.
Dated: April 5, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
Issues in the Decision Memorandum
Comment 1: Whether the Department's Preliminary Determination to
Rescind the New Shipper Review Was Correct
Comment 2: Whether the Department Properly Analyzed Heze Huayi's
Unreported Sales
Comment 3: Whether Heze Huayi's Final Antidumping Duty Rate Should
Be the PRC-entity Rate
[FR Doc. 2012-8865 Filed 4-11-12; 8:45 am]
BILLING CODE 3510-DS-P
