Chlorinated Isocyanurates From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2010-2011, 4386-4389 [2013-01185]
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Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Notices
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case
briefs. The Department will issue the
final results of this administrative
review, including the results of its
analysis of the issues raised in any
written briefs, not later than 120 days
after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act.
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Assessment Rates
If DSM’s weighted-average dumping
margin is above de minimis in the final
results of this review, we will calculate
an importer-specific assessment rate on
the basis of the ratio of the total amount
of antidumping duties calculated for the
importer’s examined sales and the total
entered value of the sales in accordance
with 19 CFR 351.212(b)(1).5 If DSM’s
weighted-average dumping margin
continues to be zero or de minimis in
the final results of review, we will
instruct U.S. Customs and Border
Protection (CBP) not to assess duties on
any of its entries in accordance with the
Final Modification for Reviews, i.e.,
‘‘where the weighted-average margin of
dumping for the exporter is determined
to be zero or de minimis, no
antidumping duties will be assessed.’’ 6
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. This clarification will
apply to entries of subject merchandise
during the POR produced by DSM,
which is the company selected for
individual examination in this review,
for which it did not know its
merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no
rate for the intermediate company(ies)
involved in the transaction. For a full
discussion of this clarification, see
Antidumping and Countervailing Duty
Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May
6, 2003).
For the companies which were not
selected for individual examination,
Samsung C&T Corp. and TCC Steel
Corp., we will instruct CBP to apply the
rates listed above to all entries of subject
merchandise produced and/or exported
by those firms.
5 In these preliminary results, the Department
applied the assessment rate calculation method
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012) (Final Modification for
Reviews).
6 See Final Modification for Reviews, 77 FR at
8102.
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We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
Dated: January 14, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Cash Deposit Requirements
Appendix
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of CTL plate
from Korea entered, or withdrawn from
warehouse, for consumption on or after
the date of publication as provided by
section 751(a)(2) of the Act: (1) The cash
deposit rate for companies subject to
this review will be the rate established
in the final results of this administrative
review; (2) for merchandise exported by
manufacturers or exporters not covered
in this review but covered in a prior
segment of the proceeding, the cash
deposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original investigation but
the manufacturer is, the cash deposit
rate will be the rate established for the
most recent period for the manufacturer
of the merchandise; (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 0.98
percent,7 the all-others rate established
in the less-than-fair-value investigation,
adjusted for the export-subsidy rate in
the companion countervailing duty
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
List of Topics Discussed in the Preliminary
Decision Memorandum
Scope of the Order
Preliminary Determination of No Reviewable
Entries
Rates for Respondents Not Selected for
Individual Examination
Comparisons to Normal Value
Product Comparisons
Date of Sale
Level of Trade/CEP Offset
Constructed Export Price
Normal Value
A. Overrun Sales
B. Selection of Comparison Market
C. Affiliated Party Transactions and Arm’s
Length Test
D. Cost of Production
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
E. Constructed Value
F. Calculation of Normal Value Based on
Comparison Market Prices
Currency Conversion
Notification to Importers
This notice serves as a preliminary
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.
The Department is issuing and
publishing these results in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
7 See, e.g., Certain Cut-to-Length Carbon-Quality
Steel Plate Products From the Republic of Korea:
Final Results of Antidumping Duty Administrative
Review, 77 FR 21527, 21529 (April 10, 2012).
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[FR Doc. 2013–01179 Filed 1–18–13; 8:45 am]
BILLING CODE 3510–DS–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; 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 16, 2012, the
Department of Commerce (the
Department) published the preliminary
results of an administrative review of
the antidumping duty order on
chlorinated isocyanurates (chlorinated
isos) from the People’s Republic of
China (PRC).1 The period of review
(POR) for this administrative review was
June 1, 2010, through May 31, 2011. We
invited interested parties to comment on
our Preliminary Results. 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 margins for this review
AGENCY:
1 See Chlorinated Isocyanurates From the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review, 77 FR
41746 (July 16, 2012) (Preliminary Results).
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Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Notices
are listed in the ‘‘Final Results of
Review’’ section below.
DATES:
Effective Date: January 22, 2013.
FOR FURTHER INFORMATION CONTACT:
Emily Halle or 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) 482–0176 or (202) 482–
4261, respectively.
SUPPLEMENTARY INFORMATION:
Background
Since the publication of the
Preliminary Results, the following
events have occurred. On August 6,
2012, Zhucheng Taisheng Chemical Co.,
Ltd. (Zhucheng) timely filed surrogate
value information.2 On September 5,
2012, Clearon Corporation and
Occidental Chemical Corporation
(Petitioners), Hebei Jiheng Chemical
Company, Ltd. (Jiheng), and Juancheng
Kangtai Chemical Co., Ltd. (Kangtai)
timely filed surrogate value
information.3 Petitioners submitted
rebuttal surrogate value comments on
September 17, 2012.4 The Department
conducted verification of Jiheng from
October 15 through 19, 2012, and
released the verification report on
November 21, 2012.5 On December 3,
2012, Jiheng, Kangtai, Zhucheng, and
Petitioners filed case briefs. Jiheng,
Kangtai and Petitioners filed rebuttal
briefs on December 10, 2012. In
response to timely requests from
Petitioners and Jiheng to hold a public
hearing,6 the Department conducted a
public hearing on December 21, 2012.7
On September 4, 2012, the
Department extended the deadline for
the final results of review to January 12,
2013.8 As explained in the
memorandum from the Assistant
Secretary for Import Administration, the
Department has exercised its discretion
to toll deadlines for the duration of the
closure of the Federal Government from
October 29 through October 30, 2012.9
Thus, all deadlines in this segment of
the proceeding have been extended by
two days. The revised deadline for the
final results of this review is now
January 14, 2012.
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.10 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 HTSUS subheadings are
provided for convenience and customs
purposes only; the written product
description of the scope of the order is
dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal brief comments by parties in
this review are addressed in the
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
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6 See
2 See Letter from Zhucheng regarding
‘‘Chlorinated Isocyanurates from the People’s
Republic of China: Submission of Publicly
Available Surrogate Value Information,’’ August 6,
2012.
3 See Letter from Petitioners regarding
‘‘Chlorinated Isocyanurates from The People’s
Republic of China: Sixth Administrative Review:
Information Regarding Surrogate Values for Factors
of Production,’’ September 5, 2012; Letter from
Jiheng regarding ‘‘Chlorinated Isocyanurates from
China (Sixth Administrative Review)—Hebei Jiheng
Chemical Company, Ltd. Resubmission of Surrogate
Value Information for Factors of Production,’’
September 5, 2012; Letter from Kangtai regarding
‘‘Chlorinated Isocyanurates from the People’s
Republic of China Surrogate Values for Final
Determination,’’ September 5, 2012.
4 See Letter from Petitioners regarding
‘‘Chlorinated Isocyanurates from the People’s
Republic of China (6th Antidumping
Administrative Review): Petitioners’ Submission of
Rebuttal Information Regarding Surrogate Values
for Factors of Production,’’ September 17, 2012.
5 See Memorandum titled ‘‘Verification of the
Sales and Factors Response of Hebei Jiheng
Chemical Company Ltd. in the Antidumping
Review of Chlorinated Isocyanurates from the
People’s Republic of China,’’ November 20, 2012.
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Letter from Petitioners regarding
‘‘Chlorinated Isocyanurates from The People’s
Republic of China: Sixth Administrative Review:
Request for Hearing,’’ August 15, 2012; Letter from
Jiheng regarding ‘‘Chlorinated Isocyanurates from
China (Sixth Administrative Review)—Hebei Jiheng
Chemical Company, Ltd. Request for Hearing,’’
August 15, 2012.
7 See transcript for public hearing in the matter,
‘‘The Administrative Review of the Antidumping
Duty Order on Chlorinated Isocyanurates from the
People’s Republic of China,’’ December 21, 2012.
8 See Memorandum ‘‘Chlorinated Isocyanurates
from the People’s Republic of China: Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review,’’ September 4, 2012.
9 See Memorandum to the Record from Paul
Piquado, Assistant Secretary for Import
Administration, ‘‘Tolling of Administrative
Deadlines As a Result of the Government Closure
During Hurricane Sandy,’’ dated October 31, 2012.
10 For a complete description of the Scope of the
Order, see Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration,
‘‘Issues and Decision Memorandum for the Final
Results of the 2010–2011 Administrative Review of
Chlorinated Isocyanurates from the People’s
Republic of China,’’ dated concurrently with this
notice (Decision Memorandum).
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Memorandum is attached to this notice
as an appendix. The Decision
Memorandum is a public document and
is on file electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov and in
the Central Records Unit (CRU), room
7046 of the main Department of
Commerce building. In addition, a
complete version of the Decision
Memorandum can be accessed directly
on the internet at https://www.trade.gov/
ia/. The signed Decision Memorandum
and the electronic versions of the
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
The Department has made several
adjustments to our analysis and
programming language. First, we now
determine that sodium hypochlorite is
comparable merchandise.11 Second, we
are selecting the Philippines as the
primary surrogate country to value the
respondents’ factors of production.12
Therefore, for all surrogate values, with
certain exceptions, we are relying on
Philippine data, including the surrogate
value for labor and the surrogate
financial ratios. We are also adjusting
the calculation of the respondents’
ammonia gas and sulfuric acid byproducts. Finally, for Jiheng, we are
adding several freight expenses to its
raw materials input valuations.13
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 to be eligible
11 See
Decision Memorandum.
Decision Memorandum. See also
Memorandum to the File, ‘‘2010–2011
Administrative Review of the Antidumping Duty
Order on Chlorinated Isocyanurates from the
People’s Republic of China: Final Results Surrogate
Value Memorandum,’’ January 14, 2013.
13 See Memorandum to Mark Hoadley, Program
Manager, AD/CVD Operations, Office 6, ‘‘Analysis
for the Final Results of the 2010–2011
Administrative Review of the Antidumping Duty
Order on Chlorinated Isocyanurates from the
People’s Republic of China: Hebei Jiheng Chemical
Company Ltd.,’’ January 14, 2013, for a detailed
discussion of these changes.
12 See
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Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Notices
for a separate rate.14 In the Preliminary
Results, the Department found that
Jiheng, Kangtai, Nanning Chemical
Industry Co., Ltd. (Nanning), and
Zhucheng demonstrated their eligibility
for separate rate status.15 No parties
commented on these separate rate
eligibility determinations. Thus, for
these final results, we continue to find
that the evidence placed on the record
of this review by Jiheng, Kangtai,
Nanning 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, that these companies
are eligible for separate rate status.
Rate for Non-Selected Companies
The separate rate shall be an amount
equal to the weighted average of the
calculated weighted-average dumping
margins established for mandatory
respondents, excluding any zero and de
minimis margins, and any margins
determined entirely on adverse facts
available.16 In this review, the
Department calculated companyspecific rates for the two mandatory
respondents. Using a weighted average
of these two company-specific rates to
calculate a separate rate would risk
disclosure of the mandatory
respondents’ business proprietary
information. Therefore, the Department
used a simple average of these two
company specific rates to calculate a
separate rate, which is 34.08 percent.
Final Results of Review
We determine that the following
weighted-average dumping margins
exist for the period June 1, 2010,
through May 31, 2011.
Exporter
Hebei Jiheng Chemical Co.,
Ltd .....................................
Juancheng Kangtai Chemical
Co., Ltd .............................
Nanning Chemical Industry
Co., Ltd .............................
Zhucheng Taisheng Chemical Co., Ltd .......................
Weighted-average margin
percentage
29.91
38.25
34.08
34.08
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the
14 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).
15 See Preliminary Results, 77 FR at 41750.
16 See section 735(c)(5)(A) of the Tariff Act of
1930, as amended (Act).
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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. Where we do
not have entered values for all U.S. sales
to a particular importer/customer, we
calculate a per-unit assessment rate by
aggregating the antidumping duties due
for all U.S. sales to that importer (or
customer) and dividing this amount by
the total quantity sold to that importer
(or customer).17 To determine whether
the duty assessment rates are de
minimis, in accordance with the
requirement set forth in 19 CFR
351.106(c)(2), we calculated importer(or customer-) specific ad valorem ratios
based on the estimated entered value.
Where an importer- (or customer-)
specific ad valorem rate is zero or de
minimis, we will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.18 Based
on this methodology, no respondent had
a de minimis rate. For the two nonreviewed separate respondents, we will
direct CBP to assess duties on an ad
valorem basis at a rate equal to the
margins indicated above. The
Department intends to issue assessment
instructions directly to CBP 15 days
after the publication of this notice.
The Department recently announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for entries that were not
reported by companies examined during
this review, the Department will
instruct CBP to liquidate such entries at
the NME-wide rate. In addition, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number (i.e., at that
exporter’s rate) will be liquidated at the
NME-wide rate.19
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
exporters listed above, the cash deposit
rate will be the rate established in the
final results of this review (except, if the
17 See
19 CFR 351.212(b)(1).
19 CFR 351.106(c)(2).
19 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
18 See
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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; 20 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
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 intend to disclose the
calculations performed for these final
results to parties in this proceeding
within five days of the date of
publication of this notice.
20 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).
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Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Notices
We are issuing and publishing these
final results of review in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
of Commerce, 14th Street and
Constitution Avenue NW., Washington
DC 20230; telephone: (202) 482–4047.
SUPPLEMENTARY INFORMATION:
Dated: January 14, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Background
On November 9, 2012, the Department
of Commerce (‘‘Department’’) published
in the Federal Register the final results
of the administrative review of the
antidumping duty order on certain steel
threaded rod from the People’s Republic
of China (‘‘PRC’’).1 On November 13,
2012, Vulcan Threaded Products Inc.
(‘‘Petitioner’’) filed timely allegations
that the Department made various
ministerial errors in the Final Results
and requested, pursuant to 19 CFR
351.224, that the Department correct the
alleged ministerial errors. No other
party submitted ministerial error
allegations. On November 19, 2012,
RMB Fasteners Ltd. and IFI & Morgan
Ltd., and their affiliated producer
Jiaxing Brother Standard Part Co., Ltd.,
(collectively ‘‘RMB/IFI Group’’)
submitted rebuttal comments on
Petitioner’s ministerial error allegations.
Before the Department could take
action on the alleged ministerial errors,
RMB/IFI Group filed a summons and
complaint with the U.S. Court of
International Trade (‘‘CIT’’) challenging
the Final Results, which vested the CIT
with jurisdiction over the administrative
proceeding.2 On December 28, 2012, the
CIT granted the Department leave to
publish amended final results to correct
certain ministerial errors.3
Appendix
List of Comments and Issues in the Issues
and Decision Memorandum
Selection of Primary Surrogate Country
Comment 1: Whether Sodium Hypochlorite
is Comparable Merchandise
Comment 2: Surrogate Country Selection
Comment 3: Surrogate Values if the
Philippines is Not Selected as the
Surrogate Country
Surrogate Value Selection Comments
Comment 4: Sodium Chloride
Comment 5: Urea
Comment 6: Water
Comment 7: Chlorine
Comment 8: Hydrogen
Comment 9: Steam Coal
Comment 10: Electricity
Comment 11: Steam
Comment 12: Labor
Comment 13: Financial Ratios
Comment 14: Whether the Ammonia Gas and
Sulfuric Acid Surrogate Values are
Reasonable
Jiheng-Specific Comments
Comment 15: Whether Jiheng’s Ammonia Gas
‘‘Absorption Rate’’ Adjustment is
Warranted
Comment 16: Whether Jiheng’s Normal Value
was Correctly Adjusted for Transportation
Costs
Kangtai-Specific Comments
Comment 17: Whether Kangtai’s Ammonia
Gas By-product Was Calculated Using the
Correct Concentration Level
Comment 18: Whether Kangtai’s Sodium
Hydroxide Surrogate Value Should be
Adjusted
[FR Doc. 2013–01185 Filed 1–18–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–932]
Certain Steel Threaded Rod From the
People’s Republic of China: Amended
Final Results of Antidumping Duty
Administrative Review; 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 22, 2013.
FOR FURTHER INFORMATION CONTACT: Jerry
Huang, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
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AGENCY:
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Scope of the Order
The merchandise covered by the order
is steel threaded rod.4 Steel threaded
rod is certain threaded rod, bar, or
studs, of carbon quality steel, having a
solid, circular cross section, of any
diameter, in any straight length, that
have been forged, turned, cold-drawn,
cold-rolled, machine straightened, or
otherwise cold–finished, and into which
threaded grooves have been applied.
Certain steel threaded rod subject to the
order is currently classifiable in the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) at
1 See Certain Steel Threaded Rod From the
People’s Republic of China: Final Results and Final
Partial Rescission of Antidumping Duty
Administrative Review; 2010–2011, 77 FR 67332
(November 9, 2012) (‘‘Final Results’’).
2 See Zenith Elecs. Corp. v. United States, 884
F.2d 556, 561–62 (Fed. Cir. 1989).
3 See Jiaxing Brother Fastener Co., Ltd. v. United
States, Court No. 12–00384 (Ct. Int’l Trade
December 28, 2012) (order granting the Department
leave to publish amended final results correcting
ministerial errors no later than February 1, 2013).
4 See Certain Steel Threaded Rod from the
People’s Republic of China: Notice of Antidumping
Duty Order, 74 FR 17154 (April 14, 2009).
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4389
subheadings 7318.15.5051,
7318.15.5056, 7318.15.5090, and
7318.15.2095. Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the merchandise is
dispositive.5
Amended Final Results
Section 751(h) of the Tariff Act of
1930, as amended (‘‘the Act’’), defines
‘‘ministerial error’’ as including ‘‘errors
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
administering authority considers
ministerial.’’ After analyzing Petitioner
and RMB/IFI Group’s comments, we
have determined, in accordance with
section 751(h) of the Act and 19 CFR
351.224(e), that we made certain
ministerial errors in the final results
with respect to our calculation of freight
and brokerage charges, as well as not
including the cost of packing labor for
RMB/IFI Group.6
For a detailed discussion of these
ministerial errors, as well as the
Department’s analysis of these errors,
see Ministerial Errors Memo. In
accordance with section 751(h) of the
Act and 19 CFR 351.224(e), we are
amending the Final Results of this
administrative review of certain steel
threaded rod from the PRC. The
dumping margins for the period of
review for these amended final results
are as follows:
Exporter
RMB Fasteners Ltd., and IFI
& Morgan Ltd. (‘‘RMB/IFI
Group’’) .............................
PRC-wide Entity ...................
Weighted-average margin
(percent)
21.15
206.00
These amended final results and
notice are issued and published in
accordance with sections 751(h), and
777(i)(1) of the Act, and 19 CFR
351.224(e).
Dated: January 14, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–01177 Filed 1–18–13; 8:45 am]
BILLING CODE 3510–DS–P
5 See Memorandum to Paul Piquado, from
Christian Marsh, regarding ‘‘Second Antidumping
Administrative Review of Certain Steel Threaded
Rod from the People’s Republic of China:
Ministerial Error Memorandum,’’ dated
concurrently with this notice (‘‘Ministerial Errors
Memo’’).
6 See Ministerial Errors Memo.
E:\FR\FM\22JAN1.SGM
22JAN1
]]>Agencies
[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Notices]
[Pages 4386-4389]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01185]
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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; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 16, 2012, the Department of Commerce (the Department)
published the preliminary results of an administrative review of the
antidumping duty order on chlorinated isocyanurates (chlorinated isos)
from the People's Republic of China (PRC).\1\ The period of review
(POR) for this administrative review was June 1, 2010, through May 31,
2011. We invited interested parties to comment on our Preliminary
Results. 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 margins for this review
[[Page 4387]]
are listed in the ``Final Results of Review'' section below.
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\1\ See Chlorinated Isocyanurates From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review, 77 FR 41746 (July 16, 2012) (Preliminary Results).
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DATES: Effective Date: January 22, 2013.
FOR FURTHER INFORMATION CONTACT: Emily Halle or 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-
0176 or (202) 482-4261, respectively.
SUPPLEMENTARY INFORMATION:
Background
Since the publication of the Preliminary Results, the following
events have occurred. On August 6, 2012, Zhucheng Taisheng Chemical
Co., Ltd. (Zhucheng) timely filed surrogate value information.\2\ On
September 5, 2012, Clearon Corporation and Occidental Chemical
Corporation (Petitioners), Hebei Jiheng Chemical Company, Ltd.
(Jiheng), and Juancheng Kangtai Chemical Co., Ltd. (Kangtai) timely
filed surrogate value information.\3\ Petitioners submitted rebuttal
surrogate value comments on September 17, 2012.\4\ The Department
conducted verification of Jiheng from October 15 through 19, 2012, and
released the verification report on November 21, 2012.\5\ On December
3, 2012, Jiheng, Kangtai, Zhucheng, and Petitioners filed case briefs.
Jiheng, Kangtai and Petitioners filed rebuttal briefs on December 10,
2012. In response to timely requests from Petitioners and Jiheng to
hold a public hearing,\6\ the Department conducted a public hearing on
December 21, 2012.\7\
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\2\ See Letter from Zhucheng regarding ``Chlorinated
Isocyanurates from the People's Republic of China: Submission of
Publicly Available Surrogate Value Information,'' August 6, 2012.
\3\ See Letter from Petitioners regarding ``Chlorinated
Isocyanurates from The People's Republic of China: Sixth
Administrative Review: Information Regarding Surrogate Values for
Factors of Production,'' September 5, 2012; Letter from Jiheng
regarding ``Chlorinated Isocyanurates from China (Sixth
Administrative Review)--Hebei Jiheng Chemical Company, Ltd.
Resubmission of Surrogate Value Information for Factors of
Production,'' September 5, 2012; Letter from Kangtai regarding
``Chlorinated Isocyanurates from the People's Republic of China
Surrogate Values for Final Determination,'' September 5, 2012.
\4\ See Letter from Petitioners regarding ``Chlorinated
Isocyanurates from the People's Republic of China (6th Antidumping
Administrative Review): Petitioners' Submission of Rebuttal
Information Regarding Surrogate Values for Factors of Production,''
September 17, 2012.
\5\ See Memorandum titled ``Verification of the Sales and
Factors Response of Hebei Jiheng Chemical Company Ltd. in the
Antidumping Review of Chlorinated Isocyanurates from the People's
Republic of China,'' November 20, 2012.
\6\ See Letter from Petitioners regarding ``Chlorinated
Isocyanurates from The People's Republic of China: Sixth
Administrative Review: Request for Hearing,'' August 15, 2012;
Letter from Jiheng regarding ``Chlorinated Isocyanurates from China
(Sixth Administrative Review)--Hebei Jiheng Chemical Company, Ltd.
Request for Hearing,'' August 15, 2012.
\7\ See transcript for public hearing in the matter, ``The
Administrative Review of the Antidumping Duty Order on Chlorinated
Isocyanurates from the People's Republic of China,'' December 21,
2012.
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On September 4, 2012, the Department extended the deadline for the
final results of review to January 12, 2013.\8\ As explained in the
memorandum from the Assistant Secretary for Import Administration, the
Department has exercised its discretion to toll deadlines for the
duration of the closure of the Federal Government from October 29
through October 30, 2012.\9\ Thus, all deadlines in this segment of the
proceeding have been extended by two days. The revised deadline for the
final results of this review is now January 14, 2012.
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\8\ See Memorandum ``Chlorinated Isocyanurates from the People's
Republic of China: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' September 4, 2012.
\9\ See Memorandum to the Record from Paul Piquado, Assistant
Secretary for Import Administration, ``Tolling of Administrative
Deadlines As a Result of the Government Closure During Hurricane
Sandy,'' dated October 31, 2012.
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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.\10\ 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 HTSUS subheadings are
provided for convenience and customs purposes only; the written product
description of the scope of the order is dispositive.
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\10\ For a complete description of the Scope of the Order, see
Memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Import Administration, ``Issues and Decision
Memorandum for the Final Results of the 2010-2011 Administrative
Review of Chlorinated Isocyanurates from the People's Republic of
China,'' dated concurrently with this notice (Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal brief comments by
parties in this review are addressed in the 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. The Decision Memorandum is a public
document and is on file electronically via Import Administration's
Antidumping and Countervailing Duty Centralized Electronic Service
System (IA ACCESS). IA ACCESS is available to registered users at
https://iaaccess.trade.gov and in the Central Records Unit (CRU), room
7046 of the main Department of Commerce building. In addition, a
complete version of the Decision Memorandum can be accessed directly on
the internet at https://www.trade.gov/ia/. The signed Decision
Memorandum and the electronic versions of the Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
The Department has made several adjustments to our analysis and
programming language. First, we now determine that sodium hypochlorite
is comparable merchandise.\11\ Second, we are selecting the Philippines
as the primary surrogate country to value the respondents' factors of
production.\12\ Therefore, for all surrogate values, with certain
exceptions, we are relying on Philippine data, including the surrogate
value for labor and the surrogate financial ratios. We are also
adjusting the calculation of the respondents' ammonia gas and sulfuric
acid by-products. Finally, for Jiheng, we are adding several freight
expenses to its raw materials input valuations.\13\
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\11\ See Decision Memorandum.
\12\ See Decision Memorandum. See also Memorandum to the File,
``2010-2011 Administrative Review of the Antidumping Duty Order on
Chlorinated Isocyanurates from the People's Republic of China: Final
Results Surrogate Value Memorandum,'' January 14, 2013.
\13\ See Memorandum to Mark Hoadley, Program Manager, AD/CVD
Operations, Office 6, ``Analysis for the Final Results of the 2010-
2011 Administrative Review of the Antidumping Duty Order on
Chlorinated Isocyanurates from the People's Republic of China: Hebei
Jiheng Chemical Company Ltd.,'' January 14, 2013, for a detailed
discussion of these changes.
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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 to be eligible
[[Page 4388]]
for a separate rate.\14\ In the Preliminary Results, the Department
found that Jiheng, Kangtai, Nanning Chemical Industry Co., Ltd.
(Nanning), and Zhucheng demonstrated their eligibility for separate
rate status.\15\ No parties commented on these separate rate
eligibility determinations. Thus, for these final results, we continue
to find that the evidence placed on the record of this review by
Jiheng, Kangtai, Nanning 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, that these companies are
eligible for separate rate status.
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\14\ 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).
\15\ See Preliminary Results, 77 FR at 41750.
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Rate for Non-Selected Companies
The separate rate shall be an amount equal to the weighted average
of the calculated weighted-average dumping margins established for
mandatory respondents, excluding any zero and de minimis margins, and
any margins determined entirely on adverse facts available.\16\ In this
review, the Department calculated company-specific rates for the two
mandatory respondents. Using a weighted average of these two company-
specific rates to calculate a separate rate would risk disclosure of
the mandatory respondents' business proprietary information. Therefore,
the Department used a simple average of these two company specific
rates to calculate a separate rate, which is 34.08 percent.
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\16\ See section 735(c)(5)(A) of the Tariff Act of 1930, as
amended (Act).
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Final Results of Review
We determine that the following weighted-average dumping margins
exist for the period June 1, 2010, through May 31, 2011.
------------------------------------------------------------------------
Weighted-
Exporter average margin
percentage
------------------------------------------------------------------------
Hebei Jiheng Chemical Co., Ltd.......................... 29.91
Juancheng Kangtai Chemical Co., Ltd..................... 38.25
Nanning Chemical Industry Co., Ltd...................... 34.08
Zhucheng Taisheng Chemical Co., Ltd..................... 34.08
------------------------------------------------------------------------
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. Where we do not have entered values for all U.S. sales to a
particular importer/customer, we calculate a per-unit assessment rate
by aggregating the antidumping duties due for all U.S. sales to that
importer (or customer) and dividing this amount by the total quantity
sold to that importer (or customer).\17\ To determine whether the duty
assessment rates are de minimis, in accordance with the requirement set
forth in 19 CFR 351.106(c)(2), we calculated importer- (or customer-)
specific ad valorem ratios based on the estimated entered value. Where
an importer- (or customer-) specific ad valorem rate is zero or de
minimis, we will instruct CBP to liquidate appropriate entries without
regard to antidumping duties.\18\ Based on this methodology, no
respondent had a de minimis rate. For the two non-reviewed separate
respondents, we will direct CBP to assess duties on an ad valorem basis
at a rate equal to the margins indicated above. The Department intends
to issue assessment instructions directly to CBP 15 days after the
publication of this notice.
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\17\ See 19 CFR 351.212(b)(1).
\18\ See 19 CFR 351.106(c)(2).
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The Department recently announced a refinement to its assessment
practice in NME cases. Pursuant to this refinement in practice, for
entries that were not reported by companies examined during this
review, the Department will instruct CBP to liquidate such entries at
the NME-wide rate. In addition, if the Department determines that an
exporter under review had no shipments of the subject merchandise, any
suspended entries that entered under that exporter's case number (i.e.,
at that exporter's rate) will be liquidated at the NME-wide rate.\19\
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\19\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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 exporters
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; \20\ 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.
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\20\ 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).
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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 intend to disclose the
calculations performed for these final results to parties in this
proceeding within five days of the date of publication of this notice.
[[Page 4389]]
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: January 14, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix
List of Comments and Issues in the Issues and Decision Memorandum
Selection of Primary Surrogate Country
Comment 1: Whether Sodium Hypochlorite is Comparable Merchandise
Comment 2: Surrogate Country Selection
Comment 3: Surrogate Values if the Philippines is Not Selected as
the Surrogate Country
Surrogate Value Selection Comments
Comment 4: Sodium Chloride
Comment 5: Urea
Comment 6: Water
Comment 7: Chlorine
Comment 8: Hydrogen
Comment 9: Steam Coal
Comment 10: Electricity
Comment 11: Steam
Comment 12: Labor
Comment 13: Financial Ratios
Comment 14: Whether the Ammonia Gas and Sulfuric Acid Surrogate
Values are Reasonable
Jiheng-Specific Comments
Comment 15: Whether Jiheng's Ammonia Gas ``Absorption Rate''
Adjustment is Warranted
Comment 16: Whether Jiheng's Normal Value was Correctly Adjusted for
Transportation Costs
Kangtai-Specific Comments
Comment 17: Whether Kangtai's Ammonia Gas By-product Was Calculated
Using the Correct Concentration Level
Comment 18: Whether Kangtai's Sodium Hydroxide Surrogate Value
Should be Adjusted
[FR Doc. 2013-01185 Filed 1-18-13; 8:45 am]
BILLING CODE 3510-DS-P
