Chlorinated Isocyanurates From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2012-2013, 4539-4541 [2015-01604]
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Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Notices
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–1785.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2014, the Department
published the notice of opportunity to
request an administrative review of the
antidumping duty order on brass sheet
and strip from Japan for the period of
review August 1, 2013, through July 31,
2014.1 On August 27, 2014, Global Brass
and Copper Holdings, Inc., dba Olin
Brass, Heyco Metals, Inc., Aurubis
Buffalo, Inc., PMX Industries, Inc., and
Revere Copper Products, Inc.
(collectively, the petitioners) requested
that the Department conduct an
administrative review of the following
22 exporters/producers: (1) Dowa Metals
& Mining Co., Ltd.; (2) Fujisawa Co.,
Ltd.; (3) Furukawa Electric Co., Ltd.; (4)
Harada Metal Industry; (5) Hitachi
Alloy, Ltd., (6) Hitachi Cable, Ltd.; (7)
JX Nippon Mining & Metals Corp.; (8)
Kicho Shindosho Co., Ltd.; (9) Kitz
Metal Works Corp.; (10) Kobe Steel,
Ltd.; (11) Mitsubishi Electric Metecs
Co., Ltd.; (12) Mitsubishi Materials
Corp.; (13) Mitsubishi Shindoh Co.,
Ltd.; (14) Mitsui Mining & Smelting Co.,
Ltd. (Mitsui Kinzoku); (15) Mitsui
Sumitomo Metal Mining Brass & Copper
Co., Ltd.; (16) NGK Insulators (NGK
Metals); (17) Ohki Brass & Copper Co.,
Ltd.; (18) Sambo Copper Alloy Co., Ld.;
(19) Sugino Metal Industry Co., Ltd.;
(20) Sumitomo Metal Mining Brass &
Copper Co., Ltd.; (21) Uji Copper &
Alloy Co., Ltd.; and (22) YKK
Corporation.2 Pursuant to this request,
and in accordance with 19 CFR
351.221(c)(1)(i), the Department
published a notice initiating an
administrative review of the abovementioned companies.3 The petitioners
withdrew their request for an
administrative review of all 22
exporters/producers on December 16,
2014.4
Rescission of Review
mstockstill on DSK4VPTVN1PROD with NOTICES
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if the party or parties that
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 79 FR 44740
(August 1, 2014).
2 See Letter from the petitioners to the
Department, dated August 27, 2014, at 1–2.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 79 FR
58729 (September 30, 2014).
4 See Letter from the petitioners, dated December
16, 2014, at 2.
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requested a review withdraws the
request within 90 days of the
publication date of the notice of
initiation of the requested review. As
noted above, the petitioners withdrew
their request for review of the 22
exporters/producers within 90 days of
the publication date of the notice of
initiation. No other parties requested an
administrative review of the order.
Therefore, in accordance with 19 CFR
351.213(d)(1), we are rescinding this
review in its entirety.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries of brass sheet and
strip from Japan. Antidumping duties
shall be assessed at rates equal to the
cash deposit of estimated antidumping
duties required at the time of entry, or
withdrawal from warehouse, for
consumption in accordance with 19
CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions to CBP 15 days after the
date of publication of this notice of
rescission of administrative review.
Notifications
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under an APO in
accordance with 19 CFR 351.305(a)(3).
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 sanctionable violation.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: January 22, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2015–01597 Filed 1–27–15; 8:45 am]
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; 2012–2013
Enforcement and Compliance,
Department of Commerce.
SUMMARY: On July 25, 2014, the
Department of Commerce (the
Department) published its Preliminary
Results of the administrative review of
the antidumping duty order on
chlorinated isocyanurates (chloro isos)
from the People’s Republic of China
(PRC).1 The period of review (POR) is
June 1, 2012, through May 31, 2013.
This review covers five producers/
exporters: (1) Arch Chemicals (China)
Co. Ltd. (Arch China); (2) Hebei Jiheng
Chemical Co., Ltd.(Jiheng); (3) Heze
Huayi Chemical Co. Ltd. (Heze); (4)
Juancheng Kangtai Chemical Co., Ltd.
(Kangtai); and (5) Zhucheng Taisheng
Chemical Co., Ltd. (Zhucheng). Jiheng
and Kangtai are the two producers/
exporters being individually examined
as mandatory respondents. We invited
parties to comment on our Preliminary
Results. Based on our analysis of the
comments received, we made certain
changes to our margin calculations for
Jiheng and Kangtai. The final dumping
margins for this review are listed in the
‘‘Final Results’’ section below.
DATES: Effective Date: January 28, 2015.
FOR FURTHER INFORMATION CONTACT:
Sean Cary, 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) 482–0176,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2014, the Department
published its Preliminary Results. On
July 30, 2014, the Department extended
the deadline for the filing of case and
rebuttal briefs.2 On September 8 and 9,
1 See Chlorinated Isocyanurates From the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2012–
2013, 79 FR 43391 (July 25, 2014) (Preliminary
Results).
2 See Memorandum to the File, ‘‘2012–2013
Administrative Review of the Antidumping Duty
Order on Chlorinated Isocyanurates From the
People’s Republic of China: Phone Call with
Counsel for Kangtai,’’ (July 30, 2014), denying
Kangtai’s request for an additional questionnaire
Continued
BILLING CODE 3510–DS–P
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Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Notices
2014, Clearon Corporation and
Occidental Chemical Corporation
(collectively, Petitioners), Jiheng, and
Kangtai each submitted a case brief.3 On
September 18 and 19, 2014, Petitioners,
Jiheng, and Kangtai each submitted a
rebuttal brief.4
On August 25, 2014, Kangtai
submitted a hearing request to address
issues raised in their case and rebuttal
briefs. On October 16, 2014, the
Department extended the deadline for
the final results in this administrative
review until December 22, 2014.5 On
December 8, 2014, we fully extended
the deadline for these final results until
January 21, 2015.6 We held a public
hearing on December 4, 2014.7
mstockstill on DSK4VPTVN1PROD with NOTICES
Scope of the Order
The products covered by the order are
chlorinated isos, which are derivatives
of cyanuric acid, described as
chlorinated s-triazine triones.
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.8
and directing interested parties to address this issue
in their briefs.
3 See ‘‘Eighth Administrative Review of the
Antidumping Order on Chlorinated Isocyanurates
From the People’s Republic of China: Case Brief of
Clearon Corp. and Occidental Chemical
Corporation,’’ (September 8, 2014) (Petitioners’ Case
Brief); ‘‘Chlorinated Isocyanurates From the
People’s Republic of China (8th Administrative
Review): Case Brief,’’ (September 8, 2014) (Jiheng’s
Case Brief); and, ‘‘Certain Chlorinated Isocyanurates
From the People’s Republic of China Case Brief,’’
(September 9, 2014)(Kangtai’s Case Brief).
4 See ‘‘Rebuttal Brief in the Administrative
Review on Chlorinated Isocyanurates From the
People’s Republic of China,’’ (September 18,
2014)(Petitioners’ Rebuttal Brief); ‘‘Chlorinated
Isocyanurates From the People’s Republic of China
(8th Administrative Review): Rebuttal Brief,’’
(September 17, 2014)(Jiheng’s Rebuttal Brief); and,
‘‘Chlorinated Isocyanurates From the People’s
Republic of China Rebuttal Brief,’’ (September 17,
2014)(Kangtai’s Rebuttal Brief).
5 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Chlorinated
Isocyanurates From the People’s Republic of China:
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’
(October 16, 2014).
6 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Chlorinated
Isocyanurates From the People’s Republic of China:
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’
(December 8, 2014).
7 See Hearing Transcript, ‘‘Public Hearing in the
Matter of: Administrative Review Under the
Antidumping Duty Order on Chlorinated
Isocyanurates From the People’s Republic of
China,’’ (December 15, 2014).
8 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance,
‘‘Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review:
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16:41 Jan 27, 2015
Jkt 235001
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum, which is hereby
adopted by this notice. A list of the
issues that parties raised and to which
we responded in the Issues and
Decision Memorandum follows as an
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’).9 ACCESS is available to
registered users at https://
access.trade.gov and to all parties in the
Central Records Unit, room 7046 of the
main Department of Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the Internet at https://trade.gov/
enforcement/frn/. The paper
copy and electronic version 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 revisions to the
margin calculations for Jiheng and
Kangtai.10
Separate Rates
In our Preliminary Results, we
determined that Arch China, Heze, and
Zhucheng each demonstrated their
eligibility for separate rates status.11 We
have not received any information since
the issuance of the Preliminary Results
that provides a basis for reconsideration
of this determination. Therefore, the
Department continues to find that Arch
Chlorinated Isocyanurates From the People’s
Republic of China; 2012–2013,’’ issued
concurrently with this notice (Issues and Decision
Memorandum) for a complete description of the
scope of the Order.
9 On November 24, 2014, Enforcement and
Compliance changed the name of Enforcement and
Compliance’s AD and CVD Centralized Electronic
Service System (‘‘IA ACCESS’’) to AD and CVD
Centralized Electronic Service System (‘‘ACCESS’’).
The Web site location was changed from https://
iaaccess.trade.gov to https://access.trade.gov. The
Final Rule changing the references to the
Regulations can be found at 79 FR 69046
(November 20, 2014).
10 See Issues and Decision Memorandum.
11 See Memorandum to Paul Piquado, Assistant
Secretary for Import Administration, ‘‘Decision
Memorandum for the Preliminary Results of the
2011–2012 Antidumping Duty Administrative
Review: Chlorinated Isocyanurates From the
People’s Republic of China,’’ (July 17, 2014) at 3–
6.
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China, Heze, and Zhucheng are each
eligible for separate rate status.
Final Results
We determine that the following
weighted-average dumping margins
exist for the POR:
Exporter
Arch Chemicals
(China) Co. Ltd.* ...
Hebei Jiheng Chemical Co., Ltd. ..........
Juancheng Kangtai
Chemical Co., Ltd.
Heze Huayi Chemical
Co. Ltd.* ................
Zhucheng Taisheng
Chemical Co., Ltd.*
Weighted-average
dumping margin
(percentage)
53.15
0.00
0.00
53.15
53.15
* For these final results, we determine that
the application of the separate rate from the
Seventh Review to the non-examined separate rate respondents is consistent with our
past practice and a reasonable method to determine the separate rate in the instant review
because both of our mandatory respondents
received zero margins and none of the separate rate companies has its own calculated
rate from the segment immediately prior to the
instant segment. Pursuant to this method, we
are assigning the rate of 53.15 percent to the
non-examined separate rate respondents in
the instant review.12
Assessment Rates
The Department will determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries covered by
this review. The Department intends to
issue assessment instructions to CBP 15
days after the publication date of these
final results of this review. In
accordance with 19 CFR 351.212(b)(1),
we are calculating importer- (or
customer-) specific assessment rates for
the merchandise subject to this review.
For any individually examined
respondent whose weighted-average
dumping margin is above de minimis
(i.e., 0.50 percent), the Department will
calculate importer-specific assessment
rates on the basis of the ratio of the total
amount of dumping calculated for the
importer’s examined sales and the total
entered value of sales.13 We will
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate is above de
12 See Chlorinated Isocyanurates from the
People’s Republic of China; 2011–2012; Final
Results of Antidumping Duty Administrative
Review, 79 FR 4875, 4876 (January 30, 2014)
(Seventh Review).
13 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
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Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Notices
minimis. Where either the respondent’s
weighted-average dumping margin is
zero or de minimis, or an importerspecific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
The Department announced a
refinement to its assessment practice in
non-market economy (NME) cases.
Pursuant to this refinement in practice,
for entries that were not reported in the
U.S. sales databases submitted by
companies individually 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. For a full discussion of
this practice, see Assessment in NME
Antidumping Proceedings.14
mstockstill on DSK4VPTVN1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Tariff Act of 1930, as
amended (the Act): (1) For the exporter’s
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, a zero cash
deposit rate will be required for that
company); (2) for previously
investigated or reviewed PRC and nonPRC exporters not listed above that have
separate rates, the cash deposit rate will
continue to be the existing producer/
exporter-specific rate published for the
most recent period; (3) for all PRC
exporters of subject merchandise that
have not been found to be eligible for a
separate rate, the cash deposit rate will
be the PRC-wide rate of 285.63
percent; 15 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
14 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (Assessment in NME
Antidumping Proceedings).
15 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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16:41 Jan 27, 2015
Jkt 235001
deposit requirements, when imposed,
shall remain in effect until further
notice.
Disclosure
We will disclose the calculations
performed regarding these final results
within five days of the date of
publication of this notice in this
proceeding in accordance with 19 CFR
351.224(b).
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties has occurred and that subsequent
assessment of doubled antidumping
duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return 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
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: January 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Issues and Decision
Memorandum
Comment 1: Selection of Surrogate Country
Comment 2: Surrogate Value Selection
A. Chlorine
B. Hydrogen
C. Financial Ratios
Comment 3: Whether the Department Is
Authorized by Law To Apply the
Alternative Methodology Under Section
777A(d)(1)(B) of the Act to Annual
Reviews
Comment 4: Methodological Issues
A. Value-Added Tax (VAT) Adjustment for
Kangtai’s and Jiheng’s U.S. Sales
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4541
B. Downstream By-Product Offset for
Ammonium Sulfate
C. Recalculating Jiheng’s Hydrogen ByProduct Offset
D. Calculation of Jiheng’s Electricity Rates
Comment 5: Ministerial Errors
A. Double-Counting of Chlorine Input
B. Calculation of Jiheng’s Market Economy
Brokerage and Handling Charges
C. Double-Counting of Jiheng’s Market
Economy Brokerage and Handling
Charges in Both Domestic and
International Movement Expenses
[FR Doc. 2015–01604 Filed 1–27–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Certain Pasta From Italy: Notice of
Partial Rescission of Antidumping
Duty Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 28, 2015.
FOR FURTHER INFORMATION CONTACT:
Christopher Hargett or George McMahon
AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4161 or (202) 482–1167,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2014, the Department of
Commerce (the Department) published a
notice of opportunity to request an
administrative review of the
antidumping duty order on certain pasta
from Italy.1 Pursuant to requests from
interested parties, the Department
published in the Federal Register the
notice of initiation of this antidumping
duty administrative review with respect
to the following companies for the
period July 1, 2013, through June 30,
2014: Pastificio Andalini S.p.A.
(Andalini), Dalla Costa Alimentare SRL.
(Dalla Costa), Delverde Industrie
Alimentari S.p.A. (Delverde), La
Molisana S.p.A. (La Molisana), Rummo,
S.p.A. (Rummo), and Pasta Lensi S.r.L.
(Pasta Lensi).2 On October 10, 2014, and
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 79 FR 37289
(July 1, 2014).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 79 FR
51548 (August 29, 2014) (Initiation Notice).
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]]>Agencies
[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Notices]
[Pages 4539-4541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01604]
-----------------------------------------------------------------------
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; 2012-2013
AGENCY: Enforcement and Compliance, Department of Commerce.
SUMMARY: On July 25, 2014, the Department of Commerce (the Department)
published its Preliminary Results of the administrative review of the
antidumping duty order on chlorinated isocyanurates (chloro isos) from
the People's Republic of China (PRC).\1\ The period of review (POR) is
June 1, 2012, through May 31, 2013. This review covers five producers/
exporters: (1) Arch Chemicals (China) Co. Ltd. (Arch China); (2) Hebei
Jiheng Chemical Co., Ltd.(Jiheng); (3) Heze Huayi Chemical Co. Ltd.
(Heze); (4) Juancheng Kangtai Chemical Co., Ltd. (Kangtai); and (5)
Zhucheng Taisheng Chemical Co., Ltd. (Zhucheng). Jiheng and Kangtai are
the two producers/exporters being individually examined as mandatory
respondents. We invited parties to comment on our Preliminary Results.
Based on our analysis of the comments received, we made certain changes
to our margin calculations for Jiheng and Kangtai. The final dumping
margins for this review are listed in the ``Final Results'' section
below.
---------------------------------------------------------------------------
\1\ See Chlorinated Isocyanurates From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review; 2012-2013, 79 FR 43391 (July 25, 2014) (Preliminary
Results).
---------------------------------------------------------------------------
DATES: Effective Date: January 28, 2015.
FOR FURTHER INFORMATION CONTACT: Sean Cary, 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) 482-0176,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2014, the Department published its Preliminary Results.
On July 30, 2014, the Department extended the deadline for the filing
of case and rebuttal briefs.\2\ On September 8 and 9,
[[Page 4540]]
2014, Clearon Corporation and Occidental Chemical Corporation
(collectively, Petitioners), Jiheng, and Kangtai each submitted a case
brief.\3\ On September 18 and 19, 2014, Petitioners, Jiheng, and
Kangtai each submitted a rebuttal brief.\4\
---------------------------------------------------------------------------
\2\ See Memorandum to the File, ``2012-2013 Administrative
Review of the Antidumping Duty Order on Chlorinated Isocyanurates
From the People's Republic of China: Phone Call with Counsel for
Kangtai,'' (July 30, 2014), denying Kangtai's request for an
additional questionnaire and directing interested parties to address
this issue in their briefs.
\3\ See ``Eighth Administrative Review of the Antidumping Order
on Chlorinated Isocyanurates From the People's Republic of China:
Case Brief of Clearon Corp. and Occidental Chemical Corporation,''
(September 8, 2014) (Petitioners' Case Brief); ``Chlorinated
Isocyanurates From the People's Republic of China (8th
Administrative Review): Case Brief,'' (September 8, 2014) (Jiheng's
Case Brief); and, ``Certain Chlorinated Isocyanurates From the
People's Republic of China Case Brief,'' (September 9,
2014)(Kangtai's Case Brief).
\4\ See ``Rebuttal Brief in the Administrative Review on
Chlorinated Isocyanurates From the People's Republic of China,''
(September 18, 2014)(Petitioners' Rebuttal Brief); ``Chlorinated
Isocyanurates From the People's Republic of China (8th
Administrative Review): Rebuttal Brief,'' (September 17,
2014)(Jiheng's Rebuttal Brief); and, ``Chlorinated Isocyanurates
From the People's Republic of China Rebuttal Brief,'' (September 17,
2014)(Kangtai's Rebuttal Brief).
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On August 25, 2014, Kangtai submitted a hearing request to address
issues raised in their case and rebuttal briefs. On October 16, 2014,
the Department extended the deadline for the final results in this
administrative review until December 22, 2014.\5\ On December 8, 2014,
we fully extended the deadline for these final results until January
21, 2015.\6\ We held a public hearing on December 4, 2014.\7\
---------------------------------------------------------------------------
\5\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Chlorinated Isocyanurates From the People's Republic of China:
Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' (October 16, 2014).
\6\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Chlorinated Isocyanurates From the People's Republic of China:
Extension of Deadline for Final Results of Antidumping Duty
Administrative Review,'' (December 8, 2014).
\7\ See Hearing Transcript, ``Public Hearing in the Matter of:
Administrative Review Under the Antidumping Duty Order on
Chlorinated Isocyanurates From the People's Republic of China,''
(December 15, 2014).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are chlorinated isos, which are
derivatives of cyanuric acid, described as chlorinated s-triazine
triones. 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.\8\
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\8\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Decision Memorandum for the Final
Results of Antidumping Duty Administrative Review: Chlorinated
Isocyanurates From the People's Republic of China; 2012-2013,''
issued concurrently with this notice (Issues and Decision
Memorandum) for a complete description of the scope of the Order.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice. A list of the issues that
parties raised and to which we responded in the Issues and Decision
Memorandum follows as an appendix to this notice. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (``ACCESS'').\9\ ACCESS is
available to registered users at https://access.trade.gov and to all
parties in the Central Records Unit, room 7046 of the main Department
of Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the Internet at https://trade.gov/enforcement/frn/. The paper copy and electronic
version of the Issues and Decision Memorandum are identical in content.
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\9\ On November 24, 2014, Enforcement and Compliance changed the
name of Enforcement and Compliance's AD and CVD Centralized
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized
Electronic Service System (``ACCESS''). The Web site location was
changed from https://iaaccess.trade.gov to https://access.trade.gov.
The Final Rule changing the references to the Regulations can be
found at 79 FR 69046 (November 20, 2014).
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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
revisions to the margin calculations for Jiheng and Kangtai.\10\
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\10\ See Issues and Decision Memorandum.
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Separate Rates
In our Preliminary Results, we determined that Arch China, Heze,
and Zhucheng each demonstrated their eligibility for separate rates
status.\11\ We have not received any information since the issuance of
the Preliminary Results that provides a basis for reconsideration of
this determination. Therefore, the Department continues to find that
Arch China, Heze, and Zhucheng are each eligible for separate rate
status.
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\11\ See Memorandum to Paul Piquado, Assistant Secretary for
Import Administration, ``Decision Memorandum for the Preliminary
Results of the 2011-2012 Antidumping Duty Administrative Review:
Chlorinated Isocyanurates From the People's Republic of China,''
(July 17, 2014) at 3-6.
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Final Results
We determine that the following weighted-average dumping margins
exist for the POR:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(percentage)
------------------------------------------------------------------------
Arch Chemicals (China) Co. Ltd.*.................. 53.15
Hebei Jiheng Chemical Co., Ltd.................... 0.00
Juancheng Kangtai Chemical Co., Ltd............... 0.00
Heze Huayi Chemical Co. Ltd.*..................... 53.15
Zhucheng Taisheng Chemical Co., Ltd.*............. 53.15
------------------------------------------------------------------------
* For these final results, we determine that the application of the
separate rate from the Seventh Review to the non-examined separate
rate respondents is consistent with our past practice and a reasonable
method to determine the separate rate in the instant review because
both of our mandatory respondents received zero margins and none of
the separate rate companies has its own calculated rate from the
segment immediately prior to the instant segment. Pursuant to this
method, we are assigning the rate of 53.15 percent to the non-examined
separate rate respondents in the instant review.\12\
Assessment Rates
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\12\ See Chlorinated Isocyanurates from the People's Republic of
China; 2011-2012; Final Results of Antidumping Duty Administrative
Review, 79 FR 4875, 4876 (January 30, 2014) (Seventh Review).
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The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review. The Department intends to issue
assessment instructions to CBP 15 days after the publication date of
these final results of this review. In accordance with 19 CFR
351.212(b)(1), we are calculating importer- (or customer-) specific
assessment rates for the merchandise subject to this review. For any
individually examined respondent whose weighted-average dumping margin
is above de minimis (i.e., 0.50 percent), the Department will calculate
importer-specific assessment rates on the basis of the ratio of the
total amount of dumping calculated for the importer's examined sales
and the total entered value of sales.\13\ We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review when the importer-specific assessment rate is above de
[[Page 4541]]
minimis. Where either the respondent's weighted-average dumping margin
is zero or de minimis, or an importer-specific assessment rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
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\13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
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The Department announced a refinement to its assessment practice in
non-market economy (NME) cases. Pursuant to this refinement in
practice, for entries that were not reported in the U.S. sales
databases submitted by companies individually 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. For a
full discussion of this practice, see Assessment in NME Antidumping
Proceedings.\14\
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\14\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment in
NME Antidumping Proceedings).
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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
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended
(the Act): (1) For the exporter's 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, 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 existing producer/
exporter-specific rate published for the most recent period; (3) for
all PRC exporters of subject merchandise that have not been found to be
eligible for a separate rate, the cash deposit rate will be the PRC-
wide rate of 285.63 percent; \15\ 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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\15\ 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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Disclosure
We will disclose the calculations performed regarding these final
results within five days of the date of publication of this notice in
this proceeding in accordance with 19 CFR 351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and that subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305, which continues to govern business proprietary information in
this segment of the proceeding. Timely written notification of the
return 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 administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: January 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--Issues and Decision Memorandum
Comment 1: Selection of Surrogate Country
Comment 2: Surrogate Value Selection
A. Chlorine
B. Hydrogen
C. Financial Ratios
Comment 3: Whether the Department Is Authorized by Law To Apply the
Alternative Methodology Under Section 777A(d)(1)(B) of the Act to
Annual Reviews
Comment 4: Methodological Issues
A. Value-Added Tax (VAT) Adjustment for Kangtai's and Jiheng's
U.S. Sales
B. Downstream By-Product Offset for Ammonium Sulfate
C. Recalculating Jiheng's Hydrogen By-Product Offset
D. Calculation of Jiheng's Electricity Rates
Comment 5: Ministerial Errors
A. Double-Counting of Chlorine Input
B. Calculation of Jiheng's Market Economy Brokerage and Handling
Charges
C. Double-Counting of Jiheng's Market Economy Brokerage and
Handling Charges in Both Domestic and International Movement
Expenses
[FR Doc. 2015-01604 Filed 1-27-15; 8:45 am]
BILLING CODE 3510-DS-P
