Chlorinated Isocyanurates From Spain: Final Results of Antidumping Duty Administrative Review; 2011-2012, 72633-72635 [2013-28945]

Download as PDF Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Notices emcdonald on DSK67QTVN1PROD with NOTICES 22, 2008). Those procedures apply to administrative reviews included in this notice of initiation. Parties wishing to participate in any of these administrative reviews should ensure that the meet the requirements of these procedures (e.g., the filing of separate letters of appearance as discussed at 19 CFR 351.103(d)). Revised Factual Information Requirements On April 10, 2013, the Department published Definition of Factual Information and Time Limits for Submission of Factual Information: Final Rule, 78 FR 21246 (April 10, 2013), which modified two regulations related to antidumping and countervailing duty proceedings: the definition of factual information (19 CFR 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301). The final rule identifies five categories of factual information in 19 CFR 351.102(b)(21), which are summarized as follows: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)–(iv). The final rule requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. The final rule also modified 19 CFR 351.301 so that, rather than providing general time limits, there are specific time limits based on the type of factual information being submitted. These modifications are effective for all segments initiated on or after May 10, 2013. Please review the final rule, available at https:// enforcement.trade.gov/frn/2013/ 1304frn/2013-08227.txt, prior to submitting factual information in this segment. Any party submitting factual information in an antidumping duty or countervailing duty proceeding must certify to the accuracy and completeness of that information. See section 782(b) of the Act. Parties are hereby reminded that revised certification requirements are in effect for company/government officials as well as their representatives. VerDate Mar<15>2010 17:36 Dec 02, 2013 Jkt 232001 Ongoing segments of any antidumping duty or countervailing duty proceedings initiated on or after March 14, 2011 should use the formats for the revised certifications provided at the end of the Interim Final Rule. See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011) (‘‘Interim Final Rule’’), amending 19 CFR 351.303(g)(1) and (2); Certification of Factual Information to Import Administration during Antidumping and Countervailing Duty Proceedings: Supplemental Interim Final Rule, 76 FR 54697 (September 2, 2011). All segments of any antidumping duty or countervailing duty proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the Final Rule. See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (‘‘Final Rule’’); see also the frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/ notices/factual_info_final_rule_FAQ_ 07172013.pdf. The Department intends to reject factual submissions in any proceeding segments if the submitting party does not comply with applicable revised certification requirements. Revised Extension of Time Limits Regulation On September 20, 2013, the Department modified its regulation concerning the extension of time limits for submissions in antidumping (AD) and countervailing duty (CVD) proceedings: Final Rule, 78 FR 57790 (September 20, 2013). The modification clarifies that parties may request an extension of time limits before a time limit established under Part 351 expires, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the time limit established under Part 351 expires. For submissions which are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Examples include, but are not limited to: (1) Case and rebuttal briefs, filed pursuant to 19 CFR 351.309; (2) factual information to value factors under 19 CFR 351.408(c), or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR 351.301(c)(3) and rebuttal, clarification and correction filed pursuant to 19 CFR 351.301(c)(3)(iv); (3) comments concerning the selection of a surrogate PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 72633 country and surrogate values and rebuttal; (4) comments concerning U.S. Customs and Border Protection data; and (5) quantity and value questionnaires. Under certain circumstances, the Department may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, the Department will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. This modification also requires that an extension request must be made in a separate, stand-alone submission, and clarifies the circumstances under which the Department will grant untimelyfiled requests for the extension of time limits. These modifications are effective for all segments initiated on or after October 21, 2013. Please review the final rule, available at https:// www.gpo.gov/fdsys/pkg/FR-2013-09-20/ html/2013-22853.htm, prior to submitting factual information in these segments. These initiations and this notice are in accordance with section 751(a) of the Act (19 USC 1675(a)) and 19 CFR 351.221(c)(1)(i). Dated: November 26, 2013. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2013–28948 Filed 12–2–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–469–814] Chlorinated Isocyanurates From Spain: Final Results of Antidumping Duty Administrative Review; 2011–2012 Enforcement and Compliance, formerly Import Administration, International Trade Administration, U.S. Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) published its preliminary results of the administrative review of the antidumping duty order on chlorinated isocyanurates (chlorinated isos) from Spain.1 The period of review (‘‘POR’’) is June 1, 2011, through May 31, 2012. We gave interested parties an opportunity to AGENCY: 1 See Chlorinated Isocyanurates from Spain: Preliminary Results of the Antidumping Duty Administrative Review; 2011–12, 78 FR 41367 (July 10, 2013) (‘‘Preliminary Results’’) E:\FR\FM\03DEN1.SGM 03DEN1 72634 Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Notices comment on the Preliminary Results. Based upon our analysis of the comments received, we made no changes to the margin calculations for these final results and continue to determine that Ercros S.A. (Ercros) 2 did not make sales below normal value. The final dumping margin is listed below in the ‘‘Final Results of Review’’ section of this notice. DATES: Effective Date: December 3, 2013. FOR FURTHER INFORMATION CONTACT: Sean Carey or Gene Calvert at (202) 482–3964, or (202) 482–3586, respectively; AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On July 10, 2013, the Department published the Preliminary Results.3 On August 9, 2013, Ercros submitted a written request to reserve its right to participate in a hearing if Clearon Corp. and Occidental Chemical Corporation, the petitioners, requested one. Petitioners made no request for a hearing. As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 1, through October 16, 2013.4 Therefore, all deadlines in this segment of the proceeding have been extended by 16 days. If the new deadline falls on a non-business day, in accordance with the Department’s practice, the deadline will become the next business day. The revised deadline for the final results of this review is now November 25, 2013. emcdonald on DSK67QTVN1PROD with NOTICES Scope of the Order The merchandise subject to the order is chlorinated isocyanurates. Chlorinated isocyanurates are derivatives of cynauric acid, described as chlorinated s-triazine triones. There are three primary chemical compositions of chlorinated isocyanurates: (1) trichloroisocyanuric acid (Cl3(NCO)3), (2) sodium 2 Ercros formerly exported the subject merchandise through its 100 percent-owned subsidiary Aragonesas Industrias y Energia S.A. (Aragonesas). In 2010, Aragonesas was merged with Ercros. 3 See Preliminary Results. 4 See Memorandum for the Record from Paul Piquado, Assistant Secretary for the Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (October 18, 2013). VerDate Mar<15>2010 17:36 Dec 02, 2013 Jkt 232001 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, and 2933.69.6050 of the Harmonized Tariff Schedule of the United States (HTSUS). A full description of the scope of the order is contained in the memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Import Administration, ‘‘Decision Memorandum for Final Results of Antidumping Duty Administrative Review: Chlorinated Isocyanurates from Spain; 2011–2012’’ (‘‘Issues and Decision Memorandum’’), which is issued concurrent with and hereby adopted by this notice. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties are addressed in the Issues and Decision Memorandum. A list of the issues which parties raised is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on file in the Central Records Unit (‘‘CRU’’), Room 7046 of the main Department of Commerce building, as well as electronically via Enforcement and Compliance’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 CRU. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at https://www.trade.gov/enforcement. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we have made no changes to our calculations. Therefore, the final results do not differ from the preliminary results.5 Final Results of Review We determine that Ercros’ weightedaverage dumping margin is de minimis (i.e., less than 0.5 percent) for entries of 5 See PO 00000 Issues and Decision Memorandum. Frm 00009 Fmt 4703 Sfmt 4703 subject merchandise that were produced and/or exported by Ercros and that entered, or were withdrawn from warehouse, for consumption during the period June 1, 2011, through May 31, 2012. Assessment Rates Pursuant to 19 CFR 351.212(b)(1), the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries in accordance with the final results of this review. The Department intends to issue appropriate assessment instructions for the respondent subject to this review directly to CBP 15 days after the date of publication of the final results of this review. Since Ercros’ weighted-average dumping margin is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003.6 This clarification will apply to entries of subject merchandise during the period of review produced by Ercros for which these companies did not know that the merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate un-reviewed entries at the allothers rate during the POR if there is no rate for the intermediate company(ies) involved in the transaction. See Assessment Policy Notice for a full discussion of this clarification. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (‘‘the Act’’): (1) The cash deposit rate for Ercros will be equal to the weighted-average dumping margin established in the final results of this review, except if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for other manufacturers and exporters covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which that manufacturer or exporter participated; (3) if the exporter is not a firm covered in this 6 For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). E:\FR\FM\03DEN1.SGM 03DEN1 Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Notices review, a prior review, or the original less-than-fair-value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 24.83 percent, the all-others rate established in the LTFV investigation.7 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 Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This administrative review and notice are published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: November 25, 2013. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum 1. Whether Ercros Sales Were Bona Fide 2. Adjustment to U.S. Prices for U.S. Duty Costs 3. Distinction Between Sales to Distributors and Industrial Users [FR Doc. 2013–28945 Filed 12–2–13; 8:45 am] BILLING CODE 3510–DS–P [A–552–802] Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Rescission of Antidumping Duty New Shipper Review emcdonald on DSK67QTVN1PROD with NOTICES On September 27, 2013, the Department initiated a new shipper review of Goldenquality, and on October 31, 2013, Goldenquality withdrew its new shipper review request.2 19 CFR 351.214(f)(1) provides that, the Department may rescind a new shipper review, if the party that requested the review withdraws its request for review within 60 days of the date of publication of the notice of initiation of the requested review. Given that Goldenquality withdrew its request for a new shipper review timely, the Department is rescinding the new shipper review of the antidumping duty order on certain frozen warmwater shrimp from Vietnam with respect to Goldenquality. Consequently, Goldenquality will remain part of the Vietnam-wide entity. Goldenquality remains under review in the ongoing administrative review covering the 2012–2013 POR, as part of the Vietnam-wide entity.3 Therefore, the Department will not order liquidation of entries for Goldenquality. The Department intends to issue liquidation instructions for the Vietnam-wide International Trade Administration Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. AGENCY: 7 See Chlorinated Isocyanurates From Spain: Notice of Final Determination of Sales at Less Than Fair Value, 70 FR 24506 (May 10, 2005). 17:36 Dec 02, 2013 Rescission of New Shipper Review Assessment DEPARTMENT OF COMMERCE VerDate Mar<15>2010 In response to a request from Goldenquality Seafood Corporation (‘‘Goldenquality’’), the Department of Commerce (‘‘the Department’’) initiated a new shipper review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (‘‘Vietnam’’) covering the period February 1, 2013 through July 31, 2013.1 On October 31, 2013, Goldenquality timely withdrew its request for a new shipper review. Accordingly, the Department is rescinding the new shipper review with respect to Goldenquality. DATES: Effective Date: December 3, 2013. FOR FURTHER INFORMATION CONTACT: Katie Marksberry, AD/CVD Operations, Office V, Enforcement & Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–7906. SUMMARY: Jkt 232001 1 See Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review, 78 FR 59650 (September 27, 2013) (‘‘Initiation Notice’’). 2 See letter from Goldenquality entitled ‘‘Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Withdrawal of Request for a New Shipper Review,’’ dated October 31, 2013. 3 See Initiation of Antidumping and Countervailing Duty Reviews and Request for Revocation in Part, 78 FR 19197 (March 29, 2013). PO 00000 Frm 00010 Fmt 4703 Sfmt 9990 72635 entity, which will cover any entries by Goldenquality, 15 days after publication of the final results of the ongoing administrative review covering the 2012–2013 POR. Cash Deposit The Department will notify U.S. Customs and Border Protection (‘‘CBP’’) that bonding is no longer permitted to fulfill security requirements for subject merchandise produced and exported by Goldenquality that is entered, or withdrawn from warehouse, for consumption in the United States on or after the publication of this rescission notice in the Federal Register. The Department will notify CBP that a cash deposit of 25.76 percent should be collected for all shipments of subject merchandise by Goldenquality entered, or withdrawn from warehouse, for consumption in the United States on or after the publication of this rescission notice. Notifications to Interested Parties This notice serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. 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). Timely written notification of the return or 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. We are issuing and publishing this rescission and notice in accordance with sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214(f)(3). Dated: November 25, 2013. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2013–28953 Filed 12–2–13; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Notices]
[Pages 72633-72635]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28945]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-814]


Chlorinated Isocyanurates From Spain: Final Results of 
Antidumping Duty Administrative Review; 2011-2012

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, U.S. Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') published its 
preliminary results of the administrative review of the antidumping 
duty order on chlorinated isocyanurates (chlorinated isos) from 
Spain.\1\ The period of review (``POR'') is June 1, 2011, through May 
31, 2012. We gave interested parties an opportunity to

[[Page 72634]]

comment on the Preliminary Results. Based upon our analysis of the 
comments received, we made no changes to the margin calculations for 
these final results and continue to determine that Ercros S.A. (Ercros) 
\2\ did not make sales below normal value. The final dumping margin is 
listed below in the ``Final Results of Review'' section of this notice.
---------------------------------------------------------------------------

    \1\ See Chlorinated Isocyanurates from Spain: Preliminary 
Results of the Antidumping Duty Administrative Review; 2011-12, 78 
FR 41367 (July 10, 2013) (``Preliminary Results'')
    \2\ Ercros formerly exported the subject merchandise through its 
100 percent-owned subsidiary Aragonesas Industrias y Energia S.A. 
(Aragonesas). In 2010, Aragonesas was merged with Ercros.

---------------------------------------------------------------------------
DATES: Effective Date: December 3, 2013.

FOR FURTHER INFORMATION CONTACT: Sean Carey or Gene Calvert at (202) 
482-3964, or (202) 482-3586, respectively; AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    On July 10, 2013, the Department published the Preliminary 
Results.\3\ On August 9, 2013, Ercros submitted a written request to 
reserve its right to participate in a hearing if Clearon Corp. and 
Occidental Chemical Corporation, the petitioners, requested one. 
Petitioners made no request for a hearing.
---------------------------------------------------------------------------

    \3\ See Preliminary Results.
---------------------------------------------------------------------------

    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\4\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day. The revised deadline for the final results of this review 
is now November 25, 2013.
---------------------------------------------------------------------------

    \4\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for the Enforcement and Compliance, ``Deadlines Affected 
by the Shutdown of the Federal Government'' (October 18, 2013).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is chlorinated isocyanurates. 
Chlorinated isocyanurates are derivatives of cynauric 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, and 2933.69.6050 of the 
Harmonized Tariff Schedule of the United States (HTSUS). A full 
description of the scope of the order is contained in the memorandum 
from Christian Marsh, Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary 
for Import Administration, ``Decision Memorandum for Final Results of 
Antidumping Duty Administrative Review: Chlorinated Isocyanurates from 
Spain; 2011-2012'' (``Issues and Decision Memorandum''), which is 
issued concurrent with and hereby adopted by this notice.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties are 
addressed in the Issues and Decision Memorandum. A list of the issues 
which parties raised is attached to this notice as an Appendix. The 
Issues and Decision Memorandum is a public document and is on file in 
the Central Records Unit (``CRU''), Room 7046 of the main Department of 
Commerce building, as well as electronically via Enforcement and 
Compliance'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 CRU. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly on the internet at https://www.trade.gov/enforcement. The 
signed Issues and Decision Memorandum and the electronic versions of 
the Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we have made no 
changes to our calculations. Therefore, the final results do not differ 
from the preliminary results.\5\
---------------------------------------------------------------------------

    \5\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

Final Results of Review

    We determine that Ercros' weighted-average dumping margin is de 
minimis (i.e., less than 0.5 percent) for entries of subject 
merchandise that were produced and/or exported by Ercros and that 
entered, or were withdrawn from warehouse, for consumption during the 
period June 1, 2011, through May 31, 2012.

Assessment Rates

    Pursuant to 19 CFR 351.212(b)(1), the Department shall determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries in accordance with the final results 
of this review. The Department intends to issue appropriate assessment 
instructions for the respondent subject to this review directly to CBP 
15 days after the date of publication of the final results of this 
review. Since Ercros' weighted-average dumping margin is zero or de 
minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\6\ This clarification will apply to entries of subject 
merchandise during the period of review produced by Ercros for which 
these companies did not know that the merchandise was destined for the 
United States. In such instances, we will instruct CBP to liquidate un-
reviewed entries at the all-others rate during the POR if there is no 
rate for the intermediate company(ies) involved in the transaction. See 
Assessment Policy Notice for a full discussion of this clarification.
---------------------------------------------------------------------------

    \6\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Tariff Act of 1930, as amended (``the Act''): (1) 
The cash deposit rate for Ercros will be equal to the weighted-average 
dumping margin established in the final results of this review, except 
if the rate is de minimis within the meaning of 19 CFR 351.106(c)(1), 
in which case the cash deposit rate will be zero; (2) for other 
manufacturers and exporters covered in a prior segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding in which that manufacturer or exporter participated; (3) if 
the exporter is not a firm covered in this

[[Page 72635]]

review, a prior review, or the original less-than-fair-value (LTFV) 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recently completed segment of this 
proceeding for the manufacturer of subject merchandise; and (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 24.83 percent, the all-others rate established in the 
LTFV investigation.\7\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \7\ See Chlorinated Isocyanurates From Spain: Notice of Final 
Determination of Sales at Less Than Fair Value, 70 FR 24506 (May 10, 
2005).
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This administrative review and notice are published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

     Dated: November 25, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

1. Whether Ercros Sales Were Bona Fide
2. Adjustment to U.S. Prices for U.S. Duty Costs
3. Distinction Between Sales to Distributors and Industrial Users

[FR Doc. 2013-28945 Filed 12-2-13; 8:45 am]
BILLING CODE 3510-DS-P
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