Chlorinated Isocyanurates From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 43305-43306 [2023-14398]
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[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)] [Notices] [Pages 43305-43306] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2023-14398] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-469-814] Chlorinated Isocyanurates From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that sales of chlorinated isocyanurates (chlorinated isos) from Spain have been made below normal value during the period of review (POR), June 1, 2021, through May 31, 2022. We invite interested parties to comment on these preliminary results. DATES: Applicable July 7, 2023. FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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) 482-4261. SUPPLEMENTARY INFORMATION: Background Based on a timely request for review, and in accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated this administrative review of the antidumping duty order on chlorinated isos from Spain covering three companies, Ercros S.A. (Ercros), Industrias Quimicas Tamar S.L. (Industrias Quimicas Tamar), and Electroquimic de Hernani, S.A. (EHER).\1\ On September 16, 2022, we limited the number of respondents for individual examination in this administrative review to Ercros.\2\ We did not select Industrias Quimicas Tamar or EHER for individual examination, and these companies remain subject to this administrative review. For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.\3\ On February 16, 2023, we extended the deadline for these preliminary results until no later than June 30, 2023.\4\ --------------------------------------------------------------------------- \1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 48459 (August 9, 2022). \2\ See Memorandum, ``Administrative Review of Chlorinated Isocyanurates from Spain: Respondent Selection,'' dated September 16, 2022. \3\ See Memorandum, ``Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review: Chlorinated Isocyanurates from Spain; 2021-2022,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). \4\ See Memorandum, ``Chlorinated Isocyanurates from Spain: Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,'' dated February 16, 2023. --------------------------------------------------------------------------- Scope of the Order \5\ --------------------------------------------------------------------------- \5\ See Chlorinated Isocyanurates from Spain: Notice of Antidumping Duty Order, 70 FR 36562 (June 24, 2005) (Order). --------------------------------------------------------------------------- The products covered by the Order are chlorinated isos, which are derivatives of cyanuric acid, described as chlorinated s-triazine triones. Chlorinated isos are currently classifiable under subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.40.50, 3808.50.40 and 3808.94.5000 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS subheadings are provided for convenience and customs purposes only; the written product description of the scope of the Order is dispositive. For a full description of the scope of the order, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Export price is calculated in accordance with section 772 of the Act. Normal value 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. A list of topics included in the Preliminary Decision Memorandum is included as an appendix to this notice. The Preliminary Decision Memorandum 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, the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx. Non-Individually Examined Companies For the rate for non-selected companies in an administrative review, generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a market economy investigation. Under section 735(c)(5)(A) of the Act, the all-others rate is normally ``an amount equal to the weighted average of the estimated weighted average dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis margins, and any margins determined entirely {on the basis of facts available{time} .'' We preliminarily calculated a margin for Ercros that was not zero, de minimis, or based entirely on facts available. Accordingly, we have preliminarily applied the margin calculated for Ercros to the non-individually examined companies. Preliminary Results of Review As a result of our review, we preliminarily determine the following weighted-average dumping margins for the period June 1, 2021, through May 31, 2022: ------------------------------------------------------------------------ Weighted- average Manufacturer/exporter Dumping Margin (percent) ------------------------------------------------------------------------ Ercros S.A.................................................. 8.92 Industrias Quimicas Tamar *................................. 8.92 EHER *...................................................... 8.92 ------------------------------------------------------------------------ * Non-selected company. Disclosure and Public Comment Commerce intends to disclose the calculations used in our analysis to parties in this review within five days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). Interested [[Page 43306]] parties are invited to comment on the preliminary results of this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the date for filing case briefs.\6\ Parties who submit case briefs or rebuttal briefs in this review are requested to submit with each brief: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\7\ Case and rebuttal briefs should be filed using ACCESS and must be served on interested parties.\8\ Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.\9\ --------------------------------------------------------------------------- \6\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/ CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March 26, 2020) (``To provide adequate time for release of case briefs via ACCESS, E&C intends to schedule the due date for all rebuttal briefs to be 7 days after case briefs are filed (while these modifications remain in effect)'').). \7\ See 19 CFR 351.309(c)(2) and (d)(2). \8\ See 19 CFR 351.303 (for general filing requirements). \9\ See 19 CFR 351.303(f). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 30 days of the publication of this notice in the Federal Register. If a hearing is requested, Commerce will notify interested parties of the hearing schedule. Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS within 30 days after the date of publication of this notice. Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. Assessment Rates Upon completion of the administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.\10\ If the weighted-average dumping margin is not zero or de minimis (i.e., less than 0.5 percent), then Commerce will calculate importer-specific ad valorem antidumping duty assessment rates based on the ratio of the total amount of dumping calculated for each importer's examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). If the weighted-average dumping margin is zero or de minimis in the final results, or if an importer- specific assessment rate is zero or de minimis in the final results, Commerce will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. --------------------------------------------------------------------------- \10\ See 19 CFR 351.212(b). --------------------------------------------------------------------------- In accordance with Commerce's ``automatic assessment'' practice, for entries of subject merchandise that entered the United States during the POR that were produced by Ercros for which Ercros did not know that its merchandise was destined to the United States, Commerce 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.\11\ The final results of this review shall be the basis for the assessment of antidumping duties on entries of subject merchandise covered by the final results of this review, where applicable. --------------------------------------------------------------------------- \11\ For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). --------------------------------------------------------------------------- Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following deposit requirements will be effective for all shipments of chlorinated isos from Spain entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies under review will be the rate established in the final results of this review (except, if the rate is zero or de minimis, no cash deposit will be required); (2) for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company- specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than- fair-value investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 24.83 percent, the all-others rate established in the investigation.\12\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \12\ See Order. --------------------------------------------------------------------------- Final Results of Review Unless otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of our analysis of issues raised by the parties in the written comments, within 120 days of publication of these preliminary results in the Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1). Notification to Importers This notice also serves as a preliminary 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 review period. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties These preliminary results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: June 29, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Companies Not Selected for Individual Examination V. Discussion of the Methodology VI. Normal Value VII. Currency Conversion VIII. Recommendation [FR Doc. 2023-14398 Filed 7-6-23; 8:45 am] BILLING CODE 3510-DS-P
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