Chlorinated Isocyanurates From Spain and the People's Republic of China: Final Results of the Third Expedited Sunset Reviews of the Antidumping Duty Orders, 4841-4842 [2022-01933]

Download as PDF 4841 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Notices Thursday, February 3, 2022. Comments received after that date will be distributed to the members but may not be considered at the meeting. Copies of CINTAC meeting minutes will be available within 90 days of the meeting. Dated: January 25, 2022. Devin Horne, Senior International Trade Specialist, Office of Energy and Environmental Industries. [FR Doc. 2022–01832 Filed 1–28–22; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–898; A–469–814] Chlorinated Isocyanurates From Spain and the People’s Republic of China: Final Results of the Third Expedited Sunset Reviews of the Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of these expedited sunset reviews, the Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) orders on chlorinated isocyanurates (chlorinated isos) from Spain and the People’s Republic of China (China) would likely lead to continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable January 31, 2022. FOR FURTHER INFORMATION CONTACT: Daniel Alexander, 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) 482–4313. SUPPLEMENTARY INFORMATION: AGENCY: khammond on DSKJM1Z7X2PROD with NOTICES Background On October 1, 2021, Commerce published the Initiation Notice of the sunset reviews of the AD Orders,1 pursuant to section 751(c)(2) of the Tariff Act of 1930, as amended (the Act).2 In accordance with 19 CFR 351.218(d)(1), Commerce received 1 See Chlorinated Isocyanurates from Spain: Notice of Antidumping Duty Order, 70 FR 36562 (June 24, 2005); see also Notice of Antidumping Duty Order: Chlorinated Isocyanurates from the People’s Republic of China, 70 FR 36561 (June 24, 2005) (collectively, AD Orders). 2 See Initiation of Five-Year (Sunset) Reviews, 86 FR 54423 (October 1, 2021) (Initiation Notice). VerDate Sep<11>2014 17:38 Jan 28, 2022 Jkt 256001 timely and complete notices of intent to participate 3 in these sunset reviews from the domestic interested parties within 15 days of the Initiation Notice.4 The domestic interested parties claimed interested party status under section 771(9)(C) of the Act. On November 1, 2021, Commerce received complete substantive responses from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).5 Commerce did not receive substantive responses from any respondent interested party with respect to the orders on chlorinated isos from Spain or China. On November 30, 2021, Commerce notified the International Trade Commission that we did not receive adequate responses from respondent interested parties.6 In accordance with section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted expedited, i.e., 120-day, sunset reviews of the AD Orders. Scope of the AD Orders The products covered by the AD Orders are chlorinated isos, which are derivatives of cyanuric acid, described as chlorinated s-triazine triones. The AD Orders cover all chlorinated isos. Chlorinated isos are currently classifiable under subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.40.5000, 3808.50.4000 and 3808.94.5000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the AD Orders is dispositive. A full description of the scope of the AD Orders is contained in the Issues and Decision Memorandum.7 3 See Clearon, OxyChem and Bio-Lab’s Letters, ‘‘Five-Year (‘Sunset’) Review of Antidumping Duty Order on Chlorinated Isocyanurates from China: Notice of Intent to Participate,’’ dated October 18, 2021; see also ‘‘Five-Year (‘Sunset’) Review of Antidumping Duty Order on Chlorinated Isocyanurates from Spain: Notice of Intent to Participate,’’ dated October 18, 2021. 4 The domestic interested parties are Clearon Corporation; Occidental Chemical Corporation; and Bio-Lab, Inc. 5 See Domestic Interested Parties’ Letters, ‘‘Chlorinated Isocyanurates China: Substantive Response to Notice of Initiation of Five-Year (Sunset) Review of the Antidumping Duty Orders,’’ dated November 1, 2021; see also ‘‘Chlorinated Isocyanurates from Spain: Substantive Response to Notice of Initiation of Five-Year (Sunset) Review of the Antidumping Duty Orders,’’ dated November 1, 2021. 6 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on October 1, 2021,’’ dated November 30, 2021. 7 See Memorandum, ‘‘Decision Memorandum for the Third Expedited Sunset Reviews of the Antidumping Duty Orders on Chlorinated PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Analysis of Comments Received All issues raised in these reviews are addressed in the Issues and Decision Memorandum, including the likelihood of continuation or recurrence of dumping in the event of revocation of the AD Orders and the magnitude of dumping margins likely to prevail if the AD Orders were revoked. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in the Issues and Decision Memorandum, which 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. In addition, a complete version of the Issues and Decision Memorandum can be found at https:// access.trade.gov/public/ FRNoticesListLayout.aspx. Final Results of the Third Sunset Reviews Pursuant to sections 751(c) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the AD Orders would be likely to lead to continuation or recurrence of dumping and the magnitude of the margins of dumping likely to prevail would be weighted-averagemargins up to the following percentages: Country Spain ..................................... China .................................... Weightedaverage margin (percent) 24.83 285.63 Notification Regarding Administrative Protective Orders This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely written notification of the 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. Isocyanurates from Spain and the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\31JAN1.SGM 31JAN1 4842 Federal Register / Vol. 87, No. 20 / Monday, January 31, 2022 / Notices Notification to Interested Parties Commerce is issuing and publishing these final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.221(c)(5)(ii). Dated: January 26, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Scope of the Order The merchandise subject to the order is diffusion-annealed, nickel-plated flatrolled steel products from Japan. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7212.50.0000 and 7210.90.6000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written product description remains dispositive.6 Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the AD Orders IV. History of the AD Orders V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Dumping Margins Likely To Prevail VII. Final Results of the Sunset Review VIII. Recommendation [FR Doc. 2022–01933 Filed 1–28–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–588–869] Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products From Japan: Final Results of Antidumping Duty Administrative Review; 2019–2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (Commerce) finds that diffusionannealed, nickel-plated flat-rolled steel products from Japan were made at less than normal value during the period of review (POR), May 1, 2019, through April 30, 2020. SUMMARY: Applicable January 31, 2022. FOR FURTHER INFORMATION CONTACT: Amaris Wade, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3874. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES DATES: Background This review covers one producer/ exporter of the subject merchandise, Toyo Kohan Co., Ltd. (Toyo Kohan). On July 30, 2021, Commerce published the Preliminary Results and invited VerDate Sep<11>2014 17:38 Jan 28, 2022 Jkt 256001 interested parties to comment.1 On August 30, 2021, we received case briefs from the petitioner 2 and Toyo Kohan.3 On September 13, 2021, we received a rebuttal brief from the petitioner.4 On November 17, 2021, we extended the final results until no later than January 26, 2022.5 Analysis of Comments Received All issues raised in the case and rebuttal briefs are listed in the appendix to this notice and addressed in the Issues and Decision Memorandum.7 Interested parties can find a complete discussion of these issues and the corresponding recommendations in this public memorandum, which 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. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Changes Since the Preliminary Results Based on the comments received from interested parties, we made certain changes to our calculations in the 1 See Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan: Preliminary Results of Antidumping Duty Administrative Review; 2019–2020, 86 FR 41018 (July 30, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 The petitioner is Thomas Steel Strip Corporation. 3 See Petitioner’s Letter, ‘‘Case Brief of Thomas Steel Strip Corporation,’’ dated August 30, 2021; and Toyo Kohan’s Letter, ‘‘Toyo Kohan’s Case Brief,’’ dated August 30, 2021. 4 See Petitioner’s Letter, ‘‘Rebuttal Brief of Thomas Steel Strip Corporation,’’ dated September 10, 2021. 5 See Memorandum, ‘‘Extension of Deadline for Final Results of the 2019–2020 Antidumping Duty Administrative Review,’’ dated November 17, 2021. 6 For a full description of the scope of the order, see Preliminary Results PDM at 2–3. 7 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2019– 2020 Administrative Review of the Antidumping Duty Order on Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Preliminary Results. For a discussion of these issues, see the Issues and Decision Memorandum. Final Results of Administrative Review As a result of this review, we determine the following weightedaverage dumping margin for the period May 1, 2019, through April 30, 2020: Producer or exporter Toyo Kohan Co., Ltd .................. Weightedaverage dumping margin (percent) 7.49 Disclosure of Calculations We intend to disclose the calculations performed for Toyo Kohan in connection with these final results within five days of the date of publication of this notice, in accordance with 19 CFR 351.224(b). Assessment Rates Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.212(b)(1), 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. Pursuant to 19 CFR 351.212(b)(1), Toyo Kohan reported the entered value of its U.S. sales such that we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the examined sales to the total entered value of the sales for which entered value was reported. Where the weighted-average dumping margin for Toyo Kohan is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), 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. Commerce’s ‘‘automatic assessment’’ will apply to entries of subject merchandise during the POR produced by Toyo Kohan for which the reviewed company did not know that the merchandise it sold to the intermediary (e.g., a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.8 8 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: E:\FR\FM\31JAN1.SGM 31JAN1

Agencies

[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Notices]
[Pages 4841-4842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01933]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898; A-469-814]


Chlorinated Isocyanurates From Spain and the People's Republic of 
China: Final Results of the Third Expedited Sunset Reviews of the 
Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of these expedited sunset reviews, the Department 
of Commerce (Commerce) finds that revocation of the antidumping duty 
(AD) orders on chlorinated isocyanurates (chlorinated isos) from Spain 
and the People's Republic of China (China) would likely lead to 
continuation or recurrence of dumping at the levels indicated in the 
``Final Results of Sunset Review'' section of this notice.

DATES: Applicable January 31, 2022.

FOR FURTHER INFORMATION CONTACT: Daniel Alexander, 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) 482-4313.

SUPPLEMENTARY INFORMATION: 

Background

    On October 1, 2021, Commerce published the Initiation Notice of the 
sunset reviews of the AD Orders,\1\ pursuant to section 751(c)(2) of 
the Tariff Act of 1930, as amended (the Act).\2\ In accordance with 19 
CFR 351.218(d)(1), Commerce received timely and complete notices of 
intent to participate \3\ in these sunset reviews from the domestic 
interested parties within 15 days of the Initiation Notice.\4\ The 
domestic interested parties claimed interested party status under 
section 771(9)(C) of the Act.
---------------------------------------------------------------------------

    \1\ See Chlorinated Isocyanurates from Spain: Notice of 
Antidumping Duty Order, 70 FR 36562 (June 24, 2005); see also Notice 
of Antidumping Duty Order: Chlorinated Isocyanurates from the 
People's Republic of China, 70 FR 36561 (June 24, 2005) 
(collectively, AD Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 54423 
(October 1, 2021) (Initiation Notice).
    \3\ See Clearon, OxyChem and Bio-Lab's Letters, ``Five-Year 
(`Sunset') Review of Antidumping Duty Order on Chlorinated 
Isocyanurates from China: Notice of Intent to Participate,'' dated 
October 18, 2021; see also ``Five-Year (`Sunset') Review of 
Antidumping Duty Order on Chlorinated Isocyanurates from Spain: 
Notice of Intent to Participate,'' dated October 18, 2021.
    \4\ The domestic interested parties are Clearon Corporation; 
Occidental Chemical Corporation; and Bio-Lab, Inc.
---------------------------------------------------------------------------

    On November 1, 2021, Commerce received complete substantive 
responses from the domestic interested parties within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i).\5\ Commerce did not 
receive substantive responses from any respondent interested party with 
respect to the orders on chlorinated isos from Spain or China. On 
November 30, 2021, Commerce notified the International Trade Commission 
that we did not receive adequate responses from respondent interested 
parties.\6\ In accordance with section 751(c)(3)(B) of the Act and 19 
CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted expedited, i.e., 120-
day, sunset reviews of the AD Orders.
---------------------------------------------------------------------------

    \5\ See Domestic Interested Parties' Letters, ``Chlorinated 
Isocyanurates China: Substantive Response to Notice of Initiation of 
Five-Year (Sunset) Review of the Antidumping Duty Orders,'' dated 
November 1, 2021; see also ``Chlorinated Isocyanurates from Spain: 
Substantive Response to Notice of Initiation of Five-Year (Sunset) 
Review of the Antidumping Duty Orders,'' dated November 1, 2021.
    \6\ See Commerce's Letter, ``Sunset Reviews Initiated on October 
1, 2021,'' dated November 30, 2021.
---------------------------------------------------------------------------

Scope of the AD Orders

    The products covered by the AD Orders are chlorinated isos, which 
are derivatives of cyanuric acid, described as chlorinated s-triazine 
triones. The AD Orders cover all chlorinated isos. Chlorinated isos are 
currently classifiable under subheadings 2933.69.6015, 2933.69.6021, 
2933.69.6050, 3808.40.5000, 3808.50.4000 and 3808.94.5000 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of the AD Orders is dispositive. A 
full description of the scope of the AD Orders is contained in the 
Issues and Decision Memorandum.\7\
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Decision Memorandum for the Third 
Expedited Sunset Reviews of the Antidumping Duty Orders on 
Chlorinated Isocyanurates from Spain and the People's Republic of 
China,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in these reviews are addressed in the Issues and 
Decision Memorandum, including the likelihood of continuation or 
recurrence of dumping in the event of revocation of the AD Orders and 
the magnitude of dumping margins likely to prevail if the AD Orders 
were revoked. A list of topics discussed in the Issues and Decision 
Memorandum is included as an appendix to this notice. Parties can find 
a complete discussion of all issues raised in this review and the 
corresponding recommendations in the Issues and Decision Memorandum, 
which 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. In addition, a complete version of the Issues and 
Decision Memorandum can be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Results of the Third Sunset Reviews

    Pursuant to sections 751(c) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the AD Orders would be likely to 
lead to continuation or recurrence of dumping and the magnitude of the 
margins of dumping likely to prevail would be weighted-averagemargins 
up to the following percentages:

------------------------------------------------------------------------
                                                             Weighted-
                         Country                          average margin
                                                             (percent)
------------------------------------------------------------------------
Spain...................................................           24.83
China...................................................          285.63
------------------------------------------------------------------------

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a). Timely written notification 
of the 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.

[[Page 4842]]

Notification to Interested Parties

    Commerce is issuing and publishing these final results and notice 
in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act 
and 19 CFR 351.221(c)(5)(ii).

    Dated: January 26, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the AD Orders
IV. History of the AD Orders
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Dumping Margins Likely To Prevail
VII. Final Results of the Sunset Review
VIII. Recommendation

[FR Doc. 2022-01933 Filed 1-28-22; 8:45 am]
BILLING CODE 3510-DS-P