Chlorinated Isocyanurates From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2015-2016, 5243-5246 [2018-02315]
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Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Notices
Census Bureau, Economic Reimbursable
Surveys Division, Room 6H047,
Washington, DC 20233, (301) 763–4639
(or via the internet at
Mary.Susan.Bucci@census.gov).
SUPPLEMENTARY INFORMATION:
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I. Abstract
The Census Bureau plans to request
an extension of the current OMB
clearance for the Quarterly Survey of
Plant Capacity Utilization (SPC). The
SPC is conducted quarterly, collecting
from manufacturing plants and
publishers, the value of actual
production, the value of production that
could have been achieved if operating at
‘‘full production’’ levels, and the value
of production that could have been
achieved if operating at ‘‘national
emergency’’ levels. The survey also
collects data on work patterns by shift.
These data include hours in operations,
production workers, and plant hours
worked.
The primary sponsors of this
collection and users of these data are the
Federal Reserve Board (FRB) and the
Defense Logistics Agency (DLA). The
FRB uses these data in several ways.
First, the capital workweek data is used
as an indicator of capital use in the
estimation of monthly output (industrial
production). Second, the workweek data
is used to improve the projections of
labor productivity that are used to align
industrial production (IP) with
comprehensive benchmark information
in the Manufacturing Sector of the
Economic Census and the Annual
Survey of Manufactures. Third, the
utilization rate data assists in the
assessment of recent changes in IP, as
most of the high-frequency movement in
utilization rates reflect production
changes rather than capacity changes.
Fourth, the time series of utilization rate
data for each industry, in combination
with the FRB IP data, is used to estimate
current and historical measures of
capacity consistent with the FRB
production measures. The DLA uses
these data to assess readiness to meet
demand for goods under selected
national emergency scenarios.
II. Method of Collection
The Census Bureau mails letters to
respondents instructing them how to
report electronically. Companies are
asked to respond within 20 days of the
initial mailing. The due date will be
imprinted at the top of the letter. A
reminder email is sent a week before the
due date to delinquent respondents.
Letters encouraging participation are
mailed to companies that have not
responded by the designated due date.
A final email is sent to delinquent
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respondents with information for
reporting online. Lastly, we conduct a
telephone follow-up.
III. Data
OMB Control Number: 0607–0175.
Form Number(s): MQ–C2.
Type of Review: Regular submission.
Affected Public: Manufacturing and
publishing plants.
Estimated Number of Respondents:
7,500 per quarter.
Estimated Time per Response: 2 hours
and 5 minutes.
Estimated Total Annual Burden
Hours: 62,500.
Estimated Total Annual Cost to
Public: $0.
Respondent’s Obligation: Voluntary.
Legal Authority: Title 13 U.S.C.
Section 8(b);50 U.S.C. Section 98, et seq;
12 U.S.C. Section 244.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer.
5243
Whereas, the Foreign-Trade Zones
(FTZ) Act provides for ‘‘. . . the
establishment . . . of foreign-trade
zones in ports of entry of the United
States, to expedite and encourage
foreign commerce, and for other
purposes,’’ and authorizes the ForeignTrade Zones Board to grant to qualified
corporations the privilege of
establishing foreign-trade zones in or
adjacent to U.S. Customs and Border
Protection ports of entry;
Whereas, Kern County, California,
grantee of Foreign-Trade Zone 276,
submitted an application to the Board
(FTZ Docket B–75–2017, docketed
November 21, 2017) for authority to reestablish FTZ 276 adjacent to the Los
Angeles/Long Beach U.S. Customs and
Border Protection (CBP) port of entry,
expand Site 2 and remove Sites 1 and
3;
Whereas, notice inviting public
comment was given in the Federal
Register (82 FR 56213–56214,
November 28, 2017) and the application
has been processed pursuant to the FTZ
Act and the Board’s regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied;
Now, therefore, the Board hereby
orders:
The application to re-establish FTZ
276 adjacent to the Los Angeles/Long
Beach CBP port of entry is approved,
subject to the FTZ Act and the Board’s
regulations, including Section 400.13
and to the Board’s standard 2,000-acre
activation limit for the zone.
Dated: January 31, 2018.
Christian B. Marsh,
Deputy Assistant Secretary for Enforcement
& Compliance, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2018–02317 Filed 2–5–18; 8:45 am]
BILLING CODE 3510–DS–P
[FR Doc. 2018–02307 Filed 2–5–18; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
[A–570–898]
Foreign-Trade Zones Board
[Order No. 2046]
Re-Establishment and Expansion of
Site—Foreign-Trade Zone 276, Kern
County, California
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
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International Trade Administration
Chlorinated Isocyanurates From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 28, 2017, the
Department of Commerce (Commerce)
published its Preliminary Results of the
AGENCY:
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Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Notices
administrative review of the
antidumping duty order on chlorinated
isocyanurates from the People’s
Republic of China (China). The period
of review (POR) is June 1, 2015, through
May 31, 2016. This administrative
review covers three producers/
exporters: (1) Heze Huayi Chemical Co.
Ltd. (Heze Huayi); (2) Hebei Jiheng
Chemical Co. Ltd. (Jiheng); and (3)
Juancheng Kangtai Chemical Co. Ltd.
(Kangtai). We invited parties to
comment on our Preliminary Results.
Based on our analysis of comments
received, we made no changes to our
margin calculations. The final dumping
margins for this review are listed in the
‘‘Final Results’’ section below.
DATES:
Applicable February 6, 2018.
Scope of the Order
FOR FURTHER INFORMATION CONTACT:
Sean Carey, 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.
Background
These final results of administrative
review cover three producer/exporters
of the subject merchandise: (1) Heze
Huayi; (2) Jiheng; and (3) Kangtai. We
determine that Heze Huayi and Kangtai
have demonstrated their eligibility for a
separate rate, and have made sales in
the United States at prices below normal
value (NV). With respect to Jiheng, we
continue to treat this company as part
of the China-wide entity because it has
not demonstrated its eligibility for a
separate rate.
On July 28, 2017, Commerce
published its Preliminary Results.1
From September 26 through September
29, 2017, Commerce verified the
questionnaire responses of Kangtai.2 On
November 21, 2017, Commerce fully
extended the deadline for the final
results until January 24, 2018.3
On November 29, 2017, Bio-lab, Inc.,
Clearon Corp. and Occidental Chemical
Corp. (collectively, the petitioners), and
the respondents Heze Huayi and
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1 See
Chlorinated Isocyanurates from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2015–
2016, 82 FR 35183 (July 28, 2017) (Preliminary
Results).
2 See Memorandum, ‘‘Verification of the
Questionnaire Responses of Juancheng Kangtai
Chemical Co., Ltd. in the Antidumping Review of
Chlorinated Isocyanurates from the People’s
Republic of China,’’ dated November 17, 2017.
3 See Memorandum, ‘‘Chlorinated Isocyanurates
from the People’s Republic of China: Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review,’’ dated November 21, 2017.
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Kangtai, submitted case briefs.4 On
December 6, 2017, the petitioners and
the respondents both submitted rebuttal
briefs.5 We met with the petitioners on
December 14, 2017, and with the
respondents on January 8, 2018, to
address issues raised in the case and
rebuttal briefs.6 Commerce has
exercised its discretion to toll deadlines
for the duration of the closure of the
Federal Government from January 20
through 22, 2018. If the new deadline
falls on a non-business day, in
accordance with Commerce’s practice,
the deadline will become the next
business day. The revised deadline for
the preliminary results is now January
29, 2018.7
The products covered by the order are
chloro 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.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of
merchandise subject to the scope is
dispositive. For a full description of the
scope of the order, see Issues and
Decision Memorandum.8
4 See Petitioners’ Case Brief, ‘‘Case Brief of Biolab, Inc., Clearon Corp. and Occidental Chemical
Corporation,’’ dated November 30, 2017;
Respondents’ Case Brief, ‘‘Case Brief of Juancheng
Kangtai Chemical Co., Ltd. (‘‘Kangtai), Heze Huayi
Chemical Co., Ltd. (‘‘Heze Huayi’’),’’ dated
November 29, 2017.
5 See Petitioners’ Rebuttal Brief, ‘‘Rebuttal Brief of
Biolab, Inc., Clearon Corp. and Occidental Chemical
Corporation,’’ dated December 6, 2017;
Respondents’ Rebuttal Brief, ‘‘Chlorinated
Isocyanurates from the People’s Republic of China:
Rebuttal Brief,’’ dated December 6, 2017.
6 See Memorandum, ‘‘Ex-Parte Meeting with
Counsel for Bio-Lab, Inc., Clearon Corp. and
Occidental Chemical Corporation,’’ dated December
22, 2016; Memorandum, ‘‘Ex-Parte Meeting with
Counsel for Heze Huayi Chemical Co. Ltd. and
Juancheng Kangtai Chemical Co., Ltd.,’’ dated
January 8, 2018.
7 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the
Federal Government’’ (Tolling Memorandum),
dated January 24, 2018. All deadlines in this
segment of the proceeding have been extended by
3 days. Because this deadline falls on the weekend,
the next business day is Monday, January 29, 2018.
8 See Memorandum, ‘‘Decision Memorandum for
the Final Results of Antidumping Duty
Administrative Review: Chlorinated Isocyanurates
from the People’s Republic of China; 2014–2015,’’
issued concurrently with this notice for a complete
description of the scope of the Order.
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Separate Rates
In the Preliminary Results, we found
that evidence provided by Heze Huayi
and Kangtai supported finding an
absence of both de jure and de facto
government control, and, therefore, we
preliminarily granted a separate rate to
each of these companies.9 We received
no information since the issuance of the
Preliminary Results that provides a basis
for reconsidering these determinations
with respect to Heze Huayi and Kangtai.
Therefore, for the final results, we
continue to find that Heze Huayi and
Kangtai are eligible for separate rates.
With respect to Jiheng, however, we
found that Jiheng did not respond to
Commerce’s questionnaire even though
it timely submitted a separate rate
certification. We received no
information since the issuance of the
Preliminary Results that provides a basis
for reconsidering this determination
with respect to Jiheng. Therefore, for the
final results, we continue to find that
Jiheng is ineligible for separate rate. As
such, we determine that Jiheng is part
of the China-wide entity.10
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). ACCESS is available to
registered users at https://access.trade.
gov and to all parties in the Central
Records Unit, Room B8024 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://enforcement.trade.gov/frn/
index.html. The signed Issues and
Decision Memorandum and electronic
9 See Preliminary Results, and accompanying
Preliminary Decision Memorandum, at 3–5.
10 Because no interested party requested a review
of the China-wide entity and Commerce no longer
considers the China-wide entity as an exporter
conditionally subject to administrative reviews, we
did not conduct a review of the China-wide entity.
Thus, the rate for the China-wide entity is not
subject to change as a result of this review. See
Antidumping Proceedings: Announcement of
Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65969–70 (November 4, 2013).
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versions of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Results, we have made no revisions to
the margin calculations for all three
companies.
Final Results of Administrative Review
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
As explained above, we find Jiheng to
be part of the China-wide entity. The
rate previously established for the
China-wide entity is 285.63 percent.11
The weighted-average dumping margins
for Heze Huayi and Kangtai in the
instant administrative review are as
follows:
Weight-average
dumping margin
percentage
Exporter
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Heze Huayi Chemical Co., Ltd ......................................................................................................................................................
Juancheng Kangtai Chemical Co., Ltd ..........................................................................................................................................
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.212(b), Commerce has
determined, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Commerce intends to issue
appropriate assessment instructions
directly to CBP 15 days after publication
of the final results of this administrative
review.
Where the respondent reported
reliable entered values, we calculated
importer- (or customer-) specific ad
valorem rates by aggregating the
dumping margins calculated for all U.S.
sales to each importer (or customer) and
dividing this amount by the total
entered value of the sales to each
importer (or customer).12 Where
Commerce calculated a weightedaverage dumping margin by dividing the
total amount of dumping for reviewed
sales to that party by the total sales
quantity associated with those
transactions, Commerce will direct CBP
to assess importer-specific assessment
rates based on the resulting per-unit
rates.13 Where an importer- (or
customer-) specific ad valorem or perunit rate is greater than de minimis (i.e.,
0.50 percent), Commerce will instruct
CBP to collect the appropriate duties at
the time of liquidation.14 Where an
importer- (or customer-) specific ad
valorem or per-unit rate is zero or de
minimis, Commerce will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties.15
Pursuant to Commerce’s assessment
practice, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
examined during this review, Commerce
will instruct CBP to liquidate such
11 For an explanation on the derivation of the
China-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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entries at the China-wide entity rate.
Additionally, if Commerce determines
that an exporter 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
China-wide entity rate.16
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 China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit
rate will be the rate established in the
final results of this review (except, if the
rate is zero or de minimis, a zero cash
deposit rate will be required for that
company); (2) for previously
investigated or reviewed China and nonChina 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 China exporters of subject
merchandise that have not been found
to be eligible for a separate rate, the cash
deposit rate will be the China-wide rate
of 285.63 percent; and (4) for all nonChina exporters of subject merchandise
which have not received their own rate,
the cash deposit rate will be the rate
applicable to the China exporter(s) that
supplied that non-China exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Disclosure
16.06
24.82
within five days of the date of
publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
Notification to Importers
This notice 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
Commerce’s presumption that
reimbursement of antidumping duties
has occurred and that subsequent
assessment of doubled antidumping
duties.
Administrative Protective Order
Notification to Interested Parties
This notice also serves as the only
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return 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 these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(h).
We intend to disclose the calculations
performed regarding these final results
12 See
19 CFR 351.212(b)(1).
13 Id.
14 Id.
15 See
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16 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
19 CFR 351.106(c)(2).
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Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Notices
Dated: January 29, 2018.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Constitution Avenue NW, Washington,
DC 20230; telephone (202) 482–0317 or
(202) 482–2623, respectively.
SUPPLEMENTARY INFORMATION:
content. A list of the topics discussed in
the Preliminary Decision Memorandum
is attached as an Appendix to this
notice.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
Scope of the Order
The merchandise covered by the
Order 1 is citric acid and certain citrate
salts from Canada. The product is
currently classified under subheadings
2918.14.0000, 2918.15.1000,
2918.15.5000, and 3824.90.9290 of the
Harmonized Tariff System of the United
States (HTSUS). Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of merchandise
subject to the scope is dispositive.2
Preliminary Results of the Review
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Use of Kangtai’s U.S. Export
Sales to the One Customer Operating
From a Third Country (Company X)
Comment 2: Changes in Heze Huayi’s
Labor Usage Rates
Comment 3: By-Product Offset for
Ammonium Sulfate
Comment 4: Adjustment To Export Price
for Free-of-Charge Packing Materials
Comment 5: Alternative Mexican Surrogate
Values
A. Alternative Mexican Financial
Statements
B. Mexican Surrogate Value for Sodium
Hydroxide (Caustic Soda)
C. Whether To Use INEGI’s EMIM Mexican
Labor Data Instead of ILO Labor Rate
Comment 6: Assigning the NME-Entity
Rate to Jiheng
Recommendation
[FR Doc. 2018–02315 Filed 2–5–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–853]
Citric Acid and Certain Citrate Salts
From Canada: Preliminary Results of
Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty order on citric acid
and certain citrate salts (citric acid) from
Canada. The period of review (POR) is
May 1, 2016, through April 30, 2017.
The review covers one producer/
exporter of the subject merchandise,
Jungbunzlauer Canada Inc. (JBL
Canada). We preliminarily determine
that sales of subject merchandise by JBL
Canada were not made at prices below
normal value (NV). Interested parties are
invited to comment on these
preliminary results.
DATES: Applicable February 6, 2018.
FOR FURTHER INFORMATION CONTACT:
Renato Barreda or George Ayache, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
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AGENCY:
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Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
and (2) of the Tariff Act of 1930, as
amended (the Act). Constructed export
price is calculated in accordance with
section 772 of the Act. NV is calculated
in accordance with section 773 of the
Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum, dated
concurrently with these results and
hereby adopted by this notice. The
Preliminary 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).
ACCESS is available to registered users
at https://access.trade.gov, and to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
at https://enforcement.trade.gov/frn/
index.html. The signed Preliminary
Decision Memorandum and the
electronic version of the Preliminary
Decision Memorandum are identical in
1 See Citric Acid and Certain Citrate Salts From
Canada and the People’s Republic of China:
Antidumping Duty Orders, 74 FR 25703 (May 29,
2009) (the Order).
2 A full description of the scope of the Order is
contained in the memorandum to Gary Taverman,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, performing the
non-exclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance, from
James Maeder, Senior Director performing the
duties of Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
‘‘Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Citric
Acid and Certain Citrate Salts From Canada; 2016–
2017’’ (Preliminary Decision Memorandum), dated
concurrently with these results and hereby adopted
by this notice.
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As a result of this review, Commerce
preliminarily determines that a
weighted-average dumping margin of
0.00 percent exists for JBL Canada for
the period May 1, 2016, through April
30, 2017.
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days of the
date of publication of this notice in
accordance with 19 CFR 351.224(b).
Interested parties may submit case
briefs to Commerce no later than 30
days after the date of publication of this
notice.3 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.4 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), 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. Case and rebuttal
briefs should be filed using ACCESS.5
All submissions to Commerce must be
filed electronically using ACCESS, and
must also be served on interested
parties.6 An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS, by 5:00 p.m.
Eastern Time on the date that the
document is due.
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s ACCESS
system within 30 days of publication of
this notice.7 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. Issues raised in the hearing
will be limited to those raised in the
respective case and rebuttal briefs. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
3 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d).
5 See 19 CFR 351.303.
6 See 19 CFR 351.303(f).
7 See 19 CFR 351.310(c).
4 See
E:\FR\FM\06FEN1.SGM
06FEN1
]]>Agencies
[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Notices]
[Pages 5243-5246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02315]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-898]
Chlorinated Isocyanurates From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On July 28, 2017, the Department of Commerce (Commerce)
published its Preliminary Results of the
[[Page 5244]]
administrative review of the antidumping duty order on chlorinated
isocyanurates from the People's Republic of China (China). The period
of review (POR) is June 1, 2015, through May 31, 2016. This
administrative review covers three producers/exporters: (1) Heze Huayi
Chemical Co. Ltd. (Heze Huayi); (2) Hebei Jiheng Chemical Co. Ltd.
(Jiheng); and (3) Juancheng Kangtai Chemical Co. Ltd. (Kangtai). We
invited parties to comment on our Preliminary Results. Based on our
analysis of comments received, we made no changes to our margin
calculations. The final dumping margins for this review are listed in
the ``Final Results'' section below.
DATES: Applicable February 6, 2018.
FOR FURTHER INFORMATION CONTACT: Sean Carey, 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.
Background
These final results of administrative review cover three producer/
exporters of the subject merchandise: (1) Heze Huayi; (2) Jiheng; and
(3) Kangtai. We determine that Heze Huayi and Kangtai have demonstrated
their eligibility for a separate rate, and have made sales in the
United States at prices below normal value (NV). With respect to
Jiheng, we continue to treat this company as part of the China-wide
entity because it has not demonstrated its eligibility for a separate
rate.
On July 28, 2017, Commerce published its Preliminary Results.\1\
From September 26 through September 29, 2017, Commerce verified the
questionnaire responses of Kangtai.\2\ On November 21, 2017, Commerce
fully extended the deadline for the final results until January 24,
2018.\3\
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\1\ See Chlorinated Isocyanurates from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review; 2015-2016, 82 FR 35183 (July 28, 2017) (Preliminary
Results).
\2\ See Memorandum, ``Verification of the Questionnaire
Responses of Juancheng Kangtai Chemical Co., Ltd. in the Antidumping
Review of Chlorinated Isocyanurates from the People's Republic of
China,'' dated November 17, 2017.
\3\ See Memorandum, ``Chlorinated Isocyanurates from the
People's Republic of China: Extension of Deadline for Final Results
of Antidumping Duty Administrative Review,'' dated November 21,
2017.
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On November 29, 2017, Bio-lab, Inc., Clearon Corp. and Occidental
Chemical Corp. (collectively, the petitioners), and the respondents
Heze Huayi and Kangtai, submitted case briefs.\4\ On December 6, 2017,
the petitioners and the respondents both submitted rebuttal briefs.\5\
We met with the petitioners on December 14, 2017, and with the
respondents on January 8, 2018, to address issues raised in the case
and rebuttal briefs.\6\ Commerce has exercised its discretion to toll
deadlines for the duration of the closure of the Federal Government
from January 20 through 22, 2018. If the new deadline falls on a non-
business day, in accordance with Commerce's practice, the deadline will
become the next business day. The revised deadline for the preliminary
results is now January 29, 2018.\7\
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\4\ See Petitioners' Case Brief, ``Case Brief of Bio-lab, Inc.,
Clearon Corp. and Occidental Chemical Corporation,'' dated November
30, 2017; Respondents' Case Brief, ``Case Brief of Juancheng Kangtai
Chemical Co., Ltd. (``Kangtai), Heze Huayi Chemical Co., Ltd.
(``Heze Huayi''),'' dated November 29, 2017.
\5\ See Petitioners' Rebuttal Brief, ``Rebuttal Brief of Biolab,
Inc., Clearon Corp. and Occidental Chemical Corporation,'' dated
December 6, 2017; Respondents' Rebuttal Brief, ``Chlorinated
Isocyanurates from the People's Republic of China: Rebuttal Brief,''
dated December 6, 2017.
\6\ See Memorandum, ``Ex-Parte Meeting with Counsel for Bio-Lab,
Inc., Clearon Corp. and Occidental Chemical Corporation,'' dated
December 22, 2016; Memorandum, ``Ex-Parte Meeting with Counsel for
Heze Huayi Chemical Co. Ltd. and Juancheng Kangtai Chemical Co.,
Ltd.,'' dated January 8, 2018.
\7\ See Memorandum for The Record from Christian Marsh, Deputy
Assistant Secretary for Enforcement and Compliance, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of
the Federal Government'' (Tolling Memorandum), dated January 24,
2018. All deadlines in this segment of the proceeding have been
extended by 3 days. Because this deadline falls on the weekend, the
next business day is Monday, January 29, 2018.
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Scope of the Order
The products covered by the order are chloro 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.
Although the HTSUS subheadings are provided for convenience and customs
purposes, the written description of merchandise subject to the scope
is dispositive. For a full description of the scope of the order, see
Issues and Decision Memorandum.\8\
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\8\ See Memorandum, ``Decision Memorandum for the Final Results
of Antidumping Duty Administrative Review: Chlorinated Isocyanurates
from the People's Republic of China; 2014-2015,'' issued
concurrently with this notice for a complete description of the
scope of the Order.
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Separate Rates
In the Preliminary Results, we found that evidence provided by Heze
Huayi and Kangtai supported finding an absence of both de jure and de
facto government control, and, therefore, we preliminarily granted a
separate rate to each of these companies.\9\ We received no information
since the issuance of the Preliminary Results that provides a basis for
reconsidering these determinations with respect to Heze Huayi and
Kangtai. Therefore, for the final results, we continue to find that
Heze Huayi and Kangtai are eligible for separate rates.
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\9\ See Preliminary Results, and accompanying Preliminary
Decision Memorandum, at 3-5.
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With respect to Jiheng, however, we found that Jiheng did not
respond to Commerce's questionnaire even though it timely submitted a
separate rate certification. We received no information since the
issuance of the Preliminary Results that provides a basis for
reconsidering this determination with respect to Jiheng. Therefore, for
the final results, we continue to find that Jiheng is ineligible for
separate rate. As such, we determine that Jiheng is part of the China-
wide entity.\10\
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\10\ Because no interested party requested a review of the
China-wide entity and Commerce no longer considers the China-wide
entity as an exporter conditionally subject to administrative
reviews, we did not conduct a review of the China-wide entity. Thus,
the rate for the China-wide entity is not subject to change as a
result of this review. See Antidumping Proceedings: Announcement of
Change in Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional Review of the Nonmarket
Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963,
65969-70 (November 4, 2013).
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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). ACCESS is available to
registered users at https://access.trade.gov and to all parties in the
Central Records Unit, Room B8024 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://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and electronic
[[Page 5245]]
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
revisions to the margin calculations for all three companies.
Final Results of Administrative Review
As explained above, we find Jiheng to be part of the China-wide
entity. The rate previously established for the China-wide entity is
285.63 percent.\11\ The weighted-average dumping margins for Heze Huayi
and Kangtai in the instant administrative review are as follows:
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\11\ For an explanation on the derivation of the China-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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Weight-average
Exporter dumping margin
percentage
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Heze Huayi Chemical Co., Ltd......................... 16.06
Juancheng Kangtai Chemical Co., Ltd.................. 24.82
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b), Commerce has determined, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review. Commerce intends to issue
appropriate assessment instructions directly to CBP 15 days after
publication of the final results of this administrative review.
Where the respondent reported reliable entered values, we
calculated importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\12\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to that party by the total sales
quantity associated with those transactions, Commerce will direct CBP
to assess importer-specific assessment rates based on the resulting
per-unit rates.\13\ Where an importer- (or customer-) specific ad
valorem or per-unit rate is greater than de minimis (i.e., 0.50
percent), Commerce will instruct CBP to collect the appropriate duties
at the time of liquidation.\14\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\15\
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\12\ See 19 CFR 351.212(b)(1).
\13\ Id.
\14\ Id.
\15\ See 19 CFR 351.106(c)(2).
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Pursuant to Commerce's assessment practice, for entries that were
not reported in the U.S. sales databases submitted by companies
individually examined during this review, Commerce will instruct CBP to
liquidate such entries at the China-wide entity rate. Additionally, if
Commerce determines that an exporter 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
China-wide entity rate.\16\
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\16\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be the rate established in the
final results of this review (except, if the rate is zero or de
minimis, a zero cash deposit rate will be required for that company);
(2) for previously investigated or reviewed China and non-China
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 China exporters of
subject merchandise that have not been found to be eligible for a
separate rate, the cash deposit rate will be the China-wide rate of
285.63 percent; and (4) for all non-China exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the China exporter(s) that supplied
that non-China exporter. These deposit requirements, when imposed,
shall remain in effect until further notice.
Disclosure
We intend to disclose the calculations performed regarding these
final results within five days of the date of publication of this
notice to parties in this proceeding in accordance with 19 CFR
351.224(b).
Notification to Importers
This notice 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 Commerce's presumption that reimbursement
of antidumping duties has occurred and that subsequent assessment of
doubled antidumping duties.
Administrative Protective Order Notification to Interested Parties
This notice also serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return 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 these final results of administrative
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act,
and 19 CFR 351.213(h).
[[Page 5246]]
Dated: January 29, 2018.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
Summary
Background
Scope of the Order
Discussion of the Issues
Comment 1: Use of Kangtai's U.S. Export Sales to the One
Customer Operating From a Third Country (Company X)
Comment 2: Changes in Heze Huayi's Labor Usage Rates
Comment 3: By-Product Offset for Ammonium Sulfate
Comment 4: Adjustment To Export Price for Free-of-Charge Packing
Materials
Comment 5: Alternative Mexican Surrogate Values
A. Alternative Mexican Financial Statements
B. Mexican Surrogate Value for Sodium Hydroxide (Caustic Soda)
C. Whether To Use INEGI's EMIM Mexican Labor Data Instead of ILO
Labor Rate
Comment 6: Assigning the NME-Entity Rate to Jiheng
Recommendation
[FR Doc. 2018-02315 Filed 2-5-18; 8:45 am]
BILLING CODE 3510-DS-P
