Chlorinated Isocyanurates From Spain: Final Results of Antidumping Duty Administrative Review; 2011-2012, 72633-72635 [2013-28945]
Download as PDF
<![CDATA[
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]
-----------------------------------------------------------------------
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
