Chlorinated Isocyanurates From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2016-2017, 5053-5055 [2019-02782]
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Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Notices
IX. Interest Rate Benchmarks, Discount Rates,
Inputs, Electricity, and Land
Benchmarks
X. Use of Facts Otherwise Available and
Application of Adverse Inferences
XI. Analysis of Programs
XII. Verification
XIII. Disclosure and Public Comment
XIV. Conclusion
Company
[FR Doc. 2019–02787 Filed 2–19–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Appendix II
[A–570–898]
Non-Selected Companies Under Review
Chlorinated Isocyanurates From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2016–2017
1. Baoding Jiasheng Photovoltaic Technology
Co., Ltd.
2. Baoding Tianwei Yingli New Energy
Resources Co., Ltd.
3. Beijing Tianneng Yingli New Energy
Resources Co., Ltd.
4. Canadian Solar (USA) Inc.
5. Changzhou Trina Solar Energy Co., Ltd.
6. Changzhou Trina Solar Yabang Energy Co.,
Ltd.
7. Chint Solar (Zhejiang) Co., Ltd.
8. Dongguan Sunworth Solar Energy Co., Ltd.
9. ERA Solar Co. Limited
10. ET Solar Energy Limited
11. Hainan Yingli New Energy Resources Co.,
Ltd.
12. Hangzhou Sunny Energy Science and
Technology Co., Ltd.
13. Hengdian Group DMEGC Magnetics Co.,
Ltd.
14. Hengshui Yingli New Energy Resources
Co., Ltd.
15. JA Solar Technology Yangzhou Co., Ltd.
16. JA Technology Yangzhou Co., Ltd.
17. Jiangsu High Hope Int’l Group
18. Jiawei Solarchina (Shenzhen) Co., Ltd.
19. Jiawei Solarchina Co., Ltd.
20. JingAo Solar Co., Ltd.
21. Jinko Solar (U.S.) Inc.
22. Jinko Solar International Limited
23. Lightway Green New Energy Co., Ltd.
24. Lixian Yingli New Energy Resources Co.,
Ltd.
25. Luoyang Suntech Power Co., Ltd.
26. Nice Sun PV Co., Ltd.
27. Ningbo Qixin Solar Electrical Appliance
Co., Ltd.
28. Risen Energy Co., Ltd.
29. Shanghai BYD Co., Ltd.
30. Shanghai JA Solar Technology Co., Ltd.
31. Shenzhen Glory Industries Co., Ltd.
32. Shenzhen Topray Solar Co., Ltd.
33. Sumec Hardware & Tools Co., Ltd.
34. Systemes Versilis, Inc.
35. Taizhou BD Trade Co., Ltd.
36. tenKsolar (Shanghai) Co., Ltd.
37. Tianjin Yingli New Energy Resources Co.,
Ltd.
38. Toenergy Technology Hangzhou Co., Ltd.
39. Trina Solar (Changzhou) Science &
Technology Co., Ltd.
40. Wuxi Suntech Power Co., Ltd.
41. Yancheng Trina Solar Energy Technology
Co., Ltd.
42. Yingli Energy (China) Co., Ltd.
43. Yingli Green Energy Holding Company
Limited
44. Yingli Green Energy International
Trading Company Limited
45. Zhejiang Era Solar Technology Co., Ltd.
46. Zhejiang Sunflower Light Energy Science
& Technology Limited Liability
VerDate Sep<11>2014
17:16 Feb 19, 2019
Jkt 247001
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that certain
companies covered by this
administrative review made sales of
chlorinated isocyanurates from the
People’s Republic of China (China) at
less than normal value during the
period of review (POR) June 1, 2016,
through May 31, 2017.
DATES: Applicable February 20, 2019.
FOR FURTHER INFORMATION CONTACT:
Sean Carey, AD/CVD Operations, Office
VII, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3964.
AGENCY:
Background
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
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 did
not participate in this administrative
review and failed to respond to our
questionnaires.
On July 10, 2018, the Department of
Commerce (Commerce) published its
Preliminary Results of the
administrative review of the
antidumping duty order on chlorinated
isocyanurates from the People’s
Republic of China (China).1 We invited
parties to comment on our Preliminary
Results. On August 16, 2018, the
1 See Chlorinated Isocyanurates from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2016–
2017, 83 FR 31953 (July 10, 2018) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
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5053
petitioners, Bio-lab, Inc., Clearon Corp.,
and Occidental Chemical Corp.
(collectively, the petitioners) and the
respondents, Heze Huayi and Kangtai
(collectively, the respondents),
submitted case briefs.2 On August 21,
2018, the petitioners and the
respondents submitted rebuttal briefs.3
On October 30, 2018, Commerce fully
extended the deadline for the final
results until January 4, 2019.4
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.5 This extended the deadline for
the final results to February 13, 2019.
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.6
2 See ‘‘Case Brief of Bio-lab, Inc., Clearon Corp.
and Occidental Chemical Corporation,’’ dated
August 16, 2018 (Petitioners’ Case Brief); and,
‘‘Chlorinated Isocyanurates from the People’s
Republic of China: Case Brief,’’ dated August 16,
2018 (Respondents’ Case Brief).
3 See ‘‘Rebuttal Brief of Biolab, Inc., Clearon Corp.
and Occidental Chemical Corporation,’’ dated
August 21, 2018 (Petitioners’ Rebuttal Brief); and,
‘‘Chlorinated Isocyanurates from the People’s
Republic of China: Rebuttal Brief,’’ dated August
21, 2018 (Respondents’ Rebuttal Brief).
4 See Memorandum to James Maeder, Associate
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 30, 2018).
5 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
6 See 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, ‘‘Issues
and Decision Memorandum for the Final Results of
Antidumping Duty Administrative Review:
Chlorinated Isocyanurates from China; 2016–2017,’’
issued concurrently with this notice for a complete
description of the scope of the Order.
E:\FR\FM\20FEN1.SGM
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Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Notices
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.7 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.
Because Jiheng failed to respond to
Commerce’s questionnaires, we
continue to determine for these final
results that Jiheng is part of the Chinawide entity.8
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 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
7 See Preliminary Results, and accompanying
Preliminary Decision Memorandum, at 3–5.
8 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).
VerDate Sep<11>2014
17:16 Feb 19, 2019
Jkt 247001
Results, we made one change to our
margin calculations to correct the
calculation of Heze Huayi’s and
Kangtai’s value-added taxes. The final
dumping margins for this review are
listed below.
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.9
The weighted-average dumping margins
for Heze Huayi and Kangtai in the
instant administrative review are as
follows:
Weightaverage
dumping
margin
percentage
Exporter
Heze Huayi Chemical Co., Ltd ...
Juancheng Kangtai Chemical
Co., Ltd ...................................
33.63
40.28
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).10 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.11 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
9 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).
10 See 19 CFR 351.212(b)(1).
11 Id.
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the time of liquidation.12 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.13
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.14
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
that 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).
12 Id.
13 See
19 CFR 351.106(c)(2).
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
14 See
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Federal Register / Vol. 84, No. 34 / Wednesday, February 20, 2019 / Notices
Recommendation
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.
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).
Dated: February 12, 2019.
Christian Marsh,
Deputy 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: Selection of the Primary
Surrogate Country
Comment 2: Whether To Use the EMIM
Mexican Labor Data Instead of ILO
Mexican Labor Rate
Comment 3: Selection of Mexican
Surrogate Value Record Over the
Brazilian and Bulgarian Surrogate Value
Record
A. Financial Statements
B. Surrogate Value for Sodium Hydroxide
(Caustic Soda)
C. Other Bulgarian Surrogate Values
D. Other Brazilian Surrogate Values
Comment 4: Adjustment to Export Price for
Free-of-Charge Packing Materials
Comment 5: Calculation of Value-Added
Tax (VAT) Expenses
Comment 6: Assigning the NME-Entity
Rate to Jiheng
17:16 Feb 19, 2019
Jkt 247001
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: Applicable February 20, 2019.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang or George McMahon, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1168 or (202) 482–1167,
respectively.
AGENCY:
Administrative Protective Orders
VerDate Sep<11>2014
[FR Doc. 2019–02782 Filed 2–19–19; 8:45 am]
SUPPLEMENTARY INFORMATION:
Background
On July 3, 2018, the Department of
Commerce (Commerce) 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, and in accordance
with section 751(a) of the Tariff Act of
1930, amended (the Act), Commerce
published in the Federal Register the
notice of initiation of an antidumping
duty administrative review with respect
to the following companies covering the
period July 1, 2017, through June 30,
2018:
Agritalia S.r.L. (Agritalia), Francesco
Tamma S.p.A. (Tamma), Ghigi 1870
S.p.A. (Ghigi), Ghigi Industria
Agroalimentare in San Clemente S.r.l.,
Pasta Zara S.p.A. (Zara), Industria
Alimentare Colavita S.p.A. (Indalco), La
Molisana S.p.A. (La Molisana), and Tesa
SrL (Tesa).2
On October 1, 2018, Tamma timely
withdrew its request for a review.3 On
November 9, 2018, La Molisana timely
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 83 FR 31121
(July 3, 2018).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
45596 (September 10, 2018) (Initiation Notice).
3 See Letter from Tamma to Commerce, ‘‘Certain
Dry Pasta from Italy, A–475–818—Withdrawal of
Administrative Review Request of Francesco
Tamma S.p.A.,’’ dated October 1, 2018.
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5055
withdrew its request for a review.4 No
other party requested an administrative
review of these particular companies.
Partial Rescission of the 2017–2018
Administrative Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation of the requested
review. All of the aforementioned
withdrawal requests were timely
submitted and no other interested party
requested an administrative review of
these particular companies. Therefore,
in accordance with 19 CFR
351.213(d)(1), and consistent with our
practice,5 we are rescinding this review
of the antidumping duty order on
certain pasta from Italy, in part, with
respect to Tamma and La Molisana.
The instant review will continue with
respect to the following companies:
Agritalia, Ghigi/Zara,6 Indalco, and
Tesa.
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries. For the companies for which
this review is rescinded, Tamma and La
Molisana, 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, during the period July 1,
2017, through June 30, 2018, in
accordance with 19 CFR
351.212(c)(1)(i).
Commerce intends to issue
appropriate assessment instructions
directly to CBP 15 days after publication
of this notice.
4 See Letter from La Molisana to Commerce,
‘‘Certain Dry Pasta from Italy A–475–818; Withdraw
Request for Review,’’ dated November 9, 2018.
5 See, e.g., Certain Lined Paper Products from
India: Notice of Partial Rescission of Antidumping
Duty Administrative Review and Extension of Time
Limit for the Preliminary Results of Antidumping
Duty Administrative Review, 74 FR 21781 (May 11,
2009); see also Carbon Steel Butt-Weld Pipe Fittings
from Thailand: Rescission of Antidumping Duty
Administrative Review, 74 FR 7218 (February 13,
2009).
6 In the 2015–2016 antidumping duty
administrative review of certain pasta from Italy,
Commerce determined that Ghigi 1870 S.p.A. was
formerly known as Ghigi Industria Agroalimentare
in San Clemente S.r.l. We also collapased Ghigi
1870 S.p.A. and Pasta Zara S.p.A. (collectively,
Ghigi/Zara). See Certain Pasta From Italy:
Preliminary Results of Antidumping Duty
Administrative Review; 2015–2016, 82 FR 36126
(August 3, 2017), unchanged in Certain Pasta From
Italy: Final Results of Antidumping Duty
Administrative Review; 2015–2016, 82 FR 57428
(December 5, 2017).
E:\FR\FM\20FEN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 34 (Wednesday, February 20, 2019)]
[Notices]
[Pages 5053-5055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02782]
-----------------------------------------------------------------------
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; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that certain
companies covered by this administrative review made sales of
chlorinated isocyanurates from the People's Republic of China (China)
at less than normal value during the period of review (POR) June 1,
2016, through May 31, 2017.
DATES: Applicable February 20, 2019.
FOR FURTHER INFORMATION CONTACT: Sean Carey, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-3964.
Background
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 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 did not participate in this administrative review
and failed to respond to our questionnaires.
On July 10, 2018, the Department of Commerce (Commerce) published
its Preliminary Results of the administrative review of the antidumping
duty order on chlorinated isocyanurates from the People's Republic of
China (China).\1\ We invited parties to comment on our Preliminary
Results. On August 16, 2018, the petitioners, Bio-lab, Inc., Clearon
Corp., and Occidental Chemical Corp. (collectively, the petitioners)
and the respondents, Heze Huayi and Kangtai (collectively, the
respondents), submitted case briefs.\2\ On August 21, 2018, the
petitioners and the respondents submitted rebuttal briefs.\3\
---------------------------------------------------------------------------
\1\ See Chlorinated Isocyanurates from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review; 2016-2017, 83 FR 31953 (July 10, 2018) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\2\ See ``Case Brief of Bio-lab, Inc., Clearon Corp. and
Occidental Chemical Corporation,'' dated August 16, 2018
(Petitioners' Case Brief); and, ``Chlorinated Isocyanurates from the
People's Republic of China: Case Brief,'' dated August 16, 2018
(Respondents' Case Brief).
\3\ See ``Rebuttal Brief of Biolab, Inc., Clearon Corp. and
Occidental Chemical Corporation,'' dated August 21, 2018
(Petitioners' Rebuttal Brief); and, ``Chlorinated Isocyanurates from
the People's Republic of China: Rebuttal Brief,'' dated August 21,
2018 (Respondents' Rebuttal Brief).
---------------------------------------------------------------------------
On October 30, 2018, Commerce fully extended the deadline for the
final results until January 4, 2019.\4\ Commerce exercised its
discretion to toll all deadlines affected by the partial federal
government closure from December 22, 2018, through the resumption of
operations on January 29, 2019.\5\ This extended the deadline for the
final results to February 13, 2019.
---------------------------------------------------------------------------
\4\ See Memorandum to James Maeder, Associate 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 30, 2018).
\5\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
---------------------------------------------------------------------------
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.\6\
---------------------------------------------------------------------------
\6\ See 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, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review: Chlorinated
Isocyanurates from China; 2016-2017,'' issued concurrently with this
notice for a complete description of the scope of the Order.
---------------------------------------------------------------------------
[[Page 5054]]
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.\7\ 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. Because Jiheng
failed to respond to Commerce's questionnaires, we continue to
determine for these final results that Jiheng is part of the China-wide
entity.\8\
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\7\ See Preliminary Results, and accompanying Preliminary
Decision Memorandum, at 3-5.
\8\ 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 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 made one
change to our margin calculations to correct the calculation of Heze
Huayi's and Kangtai's value-added taxes. The final dumping margins for
this review are listed below.
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.\9\ The weighted-average dumping margins for Heze Huayi
and Kangtai in the instant administrative review are as follows:
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\9\ 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).
------------------------------------------------------------------------
Weight-
average
Exporter dumping
margin
percentage
------------------------------------------------------------------------
Heze Huayi Chemical Co., Ltd................................ 33.63
Juancheng Kangtai Chemical Co., Ltd......................... 40.28
------------------------------------------------------------------------
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).\10\ 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.\11\ 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.\12\ 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.\13\
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\10\ See 19 CFR 351.212(b)(1).
\11\ Id.
\12\ Id.
\13\ 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.\14\
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\14\ 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 that 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).
[[Page 5055]]
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 Orders
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).
Dated: February 12, 2019.
Christian Marsh,
Deputy 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: Selection of the Primary Surrogate Country
Comment 2: Whether To Use the EMIM Mexican Labor Data Instead of
ILO Mexican Labor Rate
Comment 3: Selection of Mexican Surrogate Value Record Over the
Brazilian and Bulgarian Surrogate Value Record
A. Financial Statements
B. Surrogate Value for Sodium Hydroxide (Caustic Soda)
C. Other Bulgarian Surrogate Values
D. Other Brazilian Surrogate Values
Comment 4: Adjustment to Export Price for Free-of-Charge Packing
Materials
Comment 5: Calculation of Value-Added Tax (VAT) Expenses
Comment 6: Assigning the NME-Entity Rate to Jiheng
Recommendation
[FR Doc. 2019-02782 Filed 2-19-19; 8:45 am]
BILLING CODE 3510-DS-P
