Chlorinated Isocyanurates from Spain: Preliminary No Shipments Determination of Antidumping Duty Administrative Review; 2012-2013, 17502-17503 [2014-07002]

Download as PDF 17502 Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–469–814] Chlorinated Isocyanurates from Spain: Preliminary No Shipments Determination of Antidumping Duty Administrative Review; 2012–2013 Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on chlorinated isocyanurates (chlorinated isos) from Spain.1 The period of review (POR) is June 1, 2012, through May 31, 2013. The review covers one producer/exporter of the subject merchandise, Ercros S.A. We preliminarily determine that Ercros S.A. had no shipments of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: March 28, 2014. FOR FURTHER INFORMATION CONTACT: Sean Cary or Gene Calvert, 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; telephone: (202) 482–3964 or (202) 482– 3586, respectively. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: Scope of the Order The products covered by the order are 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). The tariff classification 2933.69.6015 covers sodium dichloroisocyanurates 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 78 FR 46566 (August 1, 2013). VerDate Mar<15>2010 18:57 Mar 27, 2014 Jkt 232001 (anhydrous and dihydrate forms) and trichloroisocyanuric acid. The tariff classifications 2933.69.6021 and 2933.69.6050 represent basket categories that include chlorinated isocyanurates and other compounds including an unfused triazine ring. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Preliminary Determination of No Shipments The Department published in the Federal Register a notice of initiation of this administrative review of the antidumping duty order on chlorinated isos from Spain covering one company, Ercros S.A.2 The Department received a timely submission from Ercros S.A. reporting to the Department that it did not sell or export the subject merchandise to the United States during the POR.3 On December 17, 2013, we transmitted a ‘‘No-Shipment Inquiry’’ to U.S. Customs and Border Protection (CBP) regarding this company. Pursuant to this inquiry, the Department received no notification from CBP of entries of subject merchandise from Ercros S.A. within the ten-day deadline. Accordingly, based on record evidence, we preliminarily determine that Ercros S.A. had no shipments of subject merchandise during the POR. Consistent with our practice, the Department finds that it is not appropriate to rescind the review with respect to Ercros S.A., but rather to complete the review with respect to Ercros S.A. and issue appropriate instructions to CBP based on the final results of this review.4 Public Comment Interested parties may submit cases briefs no later than 30 days after the date of publication of this notice.5 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.6 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of 2 See id. Ercros S.A.’s letter entitled ‘‘Certification of No Shipments and Request to Rescind Review, dated September 13, 2013. 4 See, e.g., Magnesium Metal From the Russian Federation: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the Russian Federation: Final Results of Antidumping Duty Administrative Review, 75 FR 56989 (September 17, 2010) (collectively, Magnesium Metal From the Russian Federation). 5 See 19 CFR 351.309(c)(ii). 6 See 19 CFR 351.309(d). 3 See PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 the issue; (2) a brief summary of the argument; and (3) a table of authorities.7 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce. All documents must be filed electronically using IA ACCESS.8 An electronicallyfiled request must be received successfully in its entirety by IA ACCESS by 5:00 p.m. Eastern Standard Time, within 30 days after the date of publication of this notice.9 Requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. 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. Assessment Rates The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003.10 This clarification will apply to entries of subject merchandise during the POR produced by Ercros for which this company did not know that the 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. Further, instead of rescinding the review with respect to Ercros S.A., we find it appropriate to complete the review and issue liquidation instruction to CBP concerning entries for Ercros S.A. following issuance of the final results of review. If we continue to find that Ercros S.A. had no shipments of subject merchandise in the final results, we will instruct CBP to liquidate any existing entries of merchandise produced by 7 See 19 CFR 351.309(c)(2) and (d)(2). ACCESS is available at https:// iaaccess.trade.gov. 9 See 19 CFR 351.310(c). 10 For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 8 IA E:\FR\FM\28MRN1.SGM 28MRN1 Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Notices Ercros S.A., but exported by other parties at the rate for the intermediate reseller, if available, or at the all-others rate.11 We intend to issue instructions to CBP 15 days after the publication date of the final results of this review. Dated: March 19, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Cash Deposit Requirements DEPARTMENT OF COMMERCE 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 Act: (1) The cash deposit rate for Ercros S.A. will remain unchanged from the rate assigned to the company in the most recently completed review of that company; (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 review, a prior review, or the original 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 investigation.12 These deposit requirements, when imposed, shall remain in effect until further notice. International Trade Administration mstockstill on DSK4VPTVN1PROD with NOTICES Notification to Importers This notice also 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 Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing this administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act. 11 See, e.g., Magnesium Metal From the Russian Federation. 12 See Chlorinated Isocyanurates From Spain: Notice of Final Determination of Sales at Less Than Fair Value, 70 FR 24506 (May 10, 2005). VerDate Mar<15>2010 18:57 Mar 27, 2014 Jkt 232001 [FR Doc. 2014–07002 Filed 3–27–14; 8:45 am] BILLING CODE 3510–DS–P [A–580–816] Corrosion-Resistant Carbon Steel Flat Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2011–2012 Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to requests from interested parties, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on corrosion-resistant carbon steel flat products (CORE) from the Republic of Korea (Korea). The period of review (POR) is August 1, 2011, through February 14, 2012,1 2 and covers Dongbu Steel Co., Ltd., (Dongbu), and Hyundai HYSCO (HYSCO), and five nonexamined companies.3 We determine that Dongbu sold subject merchandise at less than normal value (NV) during the POR. We determine that HYSCO did not sell subject merchandise at less than NV during the POR. DATES: Effective Date: March 28, 2014. FOR FURTHER INFORMATION CONTACT: Stephanie Moore (Dongbu) or Christopher Hargett (HYSCO), Enforcement and Compliance, Office III, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) AGENCY: 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 77 FR 59168 (September 26, 2012). 2 The period of review ends on February 14, 2012 because the antidumping duty order on CORE from Korea was revoked effective on this date. See Corrosion-Resistant Carbon Steel Flat Products from Germany and the Republic of Korea: Revocation of Antidumping and Countervailing Duty Orders, 78 FR 16832 (March 19, 2013) (CORE Revocation). 3 The non-examined companies are: Dongkuk Industries Co., Ltd. (Dongkuk), Haewon MSC Co. Ltd. (Haewon), LG Chem., Ltd. (LG Chem), LG Hausys, Ltd. (Hausys), and Union Steel Manufacturing Co., Ltd. (Union); see Memorandum to Melissa G. Skinner, Director, Office 3, AD/CVD Operations through Eric Greynolds, Program Manager, Office 3, AD/CVD Operations from Christopher Hargett, Senior International Trade Compliance Analyst, Office 3, AD/CVD Operations, titled ‘‘Selection of Respondents for Individual Review,’’ dated November 19, 2012. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 17503 482–3692 or (202) 482–4161, respectively. SUPPLEMENTARY INFORMATION: Background On September 9, 2013, the Department published the Preliminary Results,4 and invited interested parties to comment. On November 8, 2013, Hysco, Dongbu, Union, and LG Hausys filed case briefs. On November 13, 2013, Nucor Corporation filed a rebuttal brief. On November 14, 2013, U.S. Steel Corporation filed a rebuttal brief, which was rejected by the Department as past the deadline for the submission of rebuttal briefs.5 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. Therefore, all deadlines in this segment of the proceeding have been extended by 16 days.6 Pursuant to the Tolling Memo, the deadline for the final results of this review was revised with a due date of January 23, 2014. On January 2, 2014, the Department issued a memorandum extending the time period for issuing the final results of this administrative review from January 23, 2014 to March 24, 2014.7 Period of Review The POR covered by this review is August 1, 2011, through February 14, 2012.8 Scope of the Order Imports covered by the order are shipments of flat-rolled carbon steel products. The merchandise subject to 4 See Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2011– 2012, 78 FR 55057 (September 9, 2013) (Preliminary Results). 5 See Memorandum to the File through Eric Greynolds, Program Manager, Office 3, AD/CVD Operations from Christopher Hargett, International Trade Compliance Analyst, Office 3, AD/CVD Operations, titled ‘‘Rejection of Rebuttal Brief,’’ dated November 20, 2013. 6 See Memorandum for the Record from Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (October 18, 2013) (Tolling Memo). 7 See Memorandum to Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations through Melissa Skinner, Director, Office III, Antidumping and Countervailing Duty Operations from Christopher Hargett, Sr. International Trade Compliance Analyst, Office III, AD/CVD Operations, titled ‘‘Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea: Extension of Time Limit for Final Results of Antidumping Duty Administrative Review,’’ dated January 2, 2014. 8 See Preliminary Results, 78 FR at 55057 n.2. E:\FR\FM\28MRN1.SGM 28MRN1

Agencies

[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Notices]
[Pages 17502-17503]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07002]



[[Page 17502]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-814]


Chlorinated Isocyanurates from Spain: Preliminary No Shipments 
Determination of Antidumping Duty Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on chlorinated 
isocyanurates (chlorinated isos) from Spain.\1\ The period of review 
(POR) is June 1, 2012, through May 31, 2013. The review covers one 
producer/exporter of the subject merchandise, Ercros S.A. We 
preliminarily determine that Ercros S.A. had no shipments of subject 
merchandise during the POR. Interested parties are invited to comment 
on these preliminary results.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 78 FR 
46566 (August 1, 2013).

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DATES: Effective Date: March 28, 2014.

FOR FURTHER INFORMATION CONTACT: Sean Cary or Gene Calvert, 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; telephone: (202) 482-
3964 or (202) 482-3586, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The products covered by the order are 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). The tariff 
classification 2933.69.6015 covers sodium dichloroisocyanurates 
(anhydrous and dihydrate forms) and trichloroisocyanuric acid. The 
tariff classifications 2933.69.6021 and 2933.69.6050 represent basket 
categories that include chlorinated isocyanurates and other compounds 
including an unfused triazine ring. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of the order is dispositive.

Preliminary Determination of No Shipments

    The Department published in the Federal Register a notice of 
initiation of this administrative review of the antidumping duty order 
on chlorinated isos from Spain covering one company, Ercros S.A.\2\ The 
Department received a timely submission from Ercros S.A. reporting to 
the Department that it did not sell or export the subject merchandise 
to the United States during the POR.\3\ On December 17, 2013, we 
transmitted a ``No-Shipment Inquiry'' to U.S. Customs and Border 
Protection (CBP) regarding this company. Pursuant to this inquiry, the 
Department received no notification from CBP of entries of subject 
merchandise from Ercros S.A. within the ten-day deadline. Accordingly, 
based on record evidence, we preliminarily determine that Ercros S.A. 
had no shipments of subject merchandise during the POR. Consistent with 
our practice, the Department finds that it is not appropriate to 
rescind the review with respect to Ercros S.A., but rather to complete 
the review with respect to Ercros S.A. and issue appropriate 
instructions to CBP based on the final results of this review.\4\
---------------------------------------------------------------------------

    \2\ See id.
    \3\ See Ercros S.A.'s letter entitled ``Certification of No 
Shipments and Request to Rescind Review, dated September 13, 2013.
    \4\ See, e.g., Magnesium Metal From the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010) (collectively, Magnesium 
Metal From the Russian Federation).
---------------------------------------------------------------------------

Public Comment

    Interested parties may submit cases briefs no later than 30 days 
after the date of publication of this notice.\5\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the date for filing case briefs.\6\ Parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\7\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.309(c)(ii).
    \6\ See 19 CFR 351.309(d).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce. All documents must be filed 
electronically using IA ACCESS.\8\ An electronically-filed request must 
be received successfully in its entirety by IA ACCESS by 5:00 p.m. 
Eastern Standard Time, within 30 days after the date of publication of 
this notice.\9\ Requests should contain: (1) the party's name, address, 
and telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. If a request for a hearing is made, the 
Department intends to hold the hearing at the U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230, at a time and date to be determined. Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
---------------------------------------------------------------------------

    \8\ IA ACCESS is available at https://iaaccess.trade.gov.
    \9\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    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.

Assessment Rates

    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\10\ This clarification will apply to entries of subject 
merchandise during the POR produced by Ercros for which this company 
did not know that the 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. Further, instead of 
rescinding the review with respect to Ercros S.A., we find it 
appropriate to complete the review and issue liquidation instruction to 
CBP concerning entries for Ercros S.A. following issuance of the final 
results of review. If we continue to find that Ercros S.A. had no 
shipments of subject merchandise in the final results, we will instruct 
CBP to liquidate any existing entries of merchandise produced by

[[Page 17503]]

Ercros S.A., but exported by other parties at the rate for the 
intermediate reseller, if available, or at the all-others rate.\11\
---------------------------------------------------------------------------

    \10\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \11\ See, e.g., Magnesium Metal From the Russian Federation.
---------------------------------------------------------------------------

    We intend to issue instructions to CBP 15 days after the 
publication date of the final results of this review.

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 Act: (1) The cash deposit rate for Ercros S.A. will 
remain unchanged from the rate assigned to the company in the most 
recently completed review of that company; (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 review, a prior review, or the original 
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 
investigation.\12\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \12\ 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 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: March 19, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-07002 Filed 3-27-14; 8:45 am]
BILLING CODE 3510-DS-P

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