Chlorinated Isocyanurates From Spain: Final Results of Antidumping Duty Administrative Review; 2021-2022, 77263-77265 [2023-24810]

Download as PDF Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be equal to the weighted-average dumping margin for the China-wide entity (i.e., 156.87 percent); and (4) for all non-Chinese exporters of subject merchandise which have not received their own separate rate, the cash deposit rate will be the rate applicable to the Chinese exporter(s) that supplied that nonChinese exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers Regarding the Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing duties has occurred and the subsequent assessment of double antidumping duties, and/or an increase in the amount of antidumping duties by the amount of countervailing duties. Administrative Protective Order This notice also serves as a reminder to parties subject to an 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. ddrumheller on DSK120RN23PROD with NOTICES1 Notification to Interested Parties We are issuing and publishing these final results of administrative review and notice in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5). Dated: November 2, 2023. Abdelali Elouaradia, Deputy 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 Order VerDate Sep<11>2014 18:22 Nov 08, 2023 Jkt 262001 IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Whether To Revise the Countervailing Duty (CVD) Offset Amount Comment 2: Whether Commerce Should Use the Market Economy (ME) Price Paid for Corn VI. Recommendation [FR Doc. 2023–24788 Filed 11–8–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–469–814] Chlorinated Isocyanurates From Spain: Final Results of Antidumping Duty Administrative Review; 2021–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that sales of chlorinated isocyanurates from Spain were made as less than normal value during the period of review (POR) June 1, 2021, through May 31, 2022. DATES: Applicable November 9, 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: AGENCY: Background On July 7, 2023, Commerce published the preliminary results of the administrative review of the antidumping duty order on chlorinated isocyanurates (chlorinated isos) from Spain.1 For a summary of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.2 The sole mandatory respondent in this administrative review is Ercros S.A. (Ercros). The producers/exporters not selected for individual examination are listed in the 1 See Chlorinated Isocyanurates from Spain: Preliminary Results of Antidumping Duty Administrative Review; 2021–2022, 88 FR 43305 (July 7, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Chlorinated Isocyanurates from Spain; 2021–2022,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 77263 ‘‘Final Results of Review’’ section of this notice. Scope of the Order 3 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 Issues and Decision Memorandum. Analysis of Comments Received Commerce addressed all issues raised in the case and rebuttal briefs in the Issues and Decision Memorandum. These issues are identified in the 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. 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 our analysis of the comments received, we have made certain changes to the home market and margin calculations for Ercros since the Preliminary Results. Specifically, we have revised Ercros’ home market program to include certain movement expenses and revised the margin program to change currency conversions for inland insurance and commissions. 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 Tariff Act of 1930, as amended (the Act), which provides instructions for calculating the allothers 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 3 See Chlorinated Isocyanurates from Spain: Notice of Antidumping Duty Order, 70 FR 36562 (June 24, 2005) (Order). E:\FR\FM\09NON1.SGM 09NON1 77264 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices entered value of the sales to each importer (or customer).4 Where Commerce calculated a weightedaverage dumping margin by dividing the total amount of dumping for reviewed sales to a specific importer or customer by the total sales quantity associated with those transactions, Commerce will direct CBP to assess importer- (or customer-) specific assessment rates based on the resulting per-unit rates.5 Where an importer- (or customer-) specific ad valorem or per-unit rate is Final Results of Review greater than de minimis (i.e., 0.50 As a result of this administrative percent), Commerce will instruct CBP to review, we determine that the following collect the appropriate duties at the time of liquidation.6 Where an importer- (or weighted-average dumping margins exist for the period June 1, 2021 through customer-) specific ad valorem or perunit rate is zero or de minimis, May 31, 2022. Commerce will instruct CBP to liquidate Weighted- appropriate entries without regard to average antidumping duties.7 Manufacturer/exporter dumping In accordance with Commerce’s margin ‘‘automatic assessment’’ practice, for (percent) entries of subject merchandise that Ercros S.A ................................... 9.05 entered the United States during the POR that were produced by Ercros for Review-Specific Rate Applicable to the which the respondent did not know that Following Companies: its merchandise was destined to the Industrias Quimicas Tamar S.L .. 9.05 United States, Commerce will instruct Electroquimic de Hernani, S.A .... 9.05 CBP to liquidate unreviewed entries at the all-others rate of 24.83 percent,8 if there is no rate for the intermediate Disclosure company(ies) involved in the Commerce intends to disclose the transaction.9 For companies identified calculations performed for Ercros in above that were not selected for these final results to interested parties individual examination, we will instruct within five days of the date of CBP to liquidate entries at the rates publication of this notice in the Federal established in these final results of Register, in accordance with 19 CFR review. 351.224(b). Cash Deposit Requirements Assessment The following cash deposit Pursuant to section 751(a)(2)(C) of the requirements will be effective upon Act and 19 CFR 351.212(b), Commerce publication of the notice of the final has determined, and U.S. Customs and results of this administrative review for Border Protection (CBP) shall assess, all shipments of chlorinated isos from antidumping duties on all appropriate Spain entered, or withdrawn from entries of subject merchandise in warehouse, for consumption on or after accordance with the final results of this the date of publication of the final administrative review. Commerce results in the Federal Register, as intends to issue assessment instructions provided by section 751(a)(2)(C) of the to CBP no earlier than 35 days after the Act: (1) for the companies covered by date of publication of the final results of this review, the cash deposit rate will be this review in the Federal Register. If a the rates listed above in the section timely summons is filed at the U.S. ‘‘Final Results of Review’’; (2) for Court of International Trade, the merchandise exported by producers or assessment instructions will direct CBP exporters not covered in this not to liquidate relevant entries until the 4 See 19 CFR 351.212(b)(1). time for parties to file a request for a 5 Id. statutory injunction has expired (i.e., 6 Id. within 90 days of publication). 7 See 19 CFR 351.106(c)(2). Where the respondent reported 8 See Chlorinated Isocyanurates from Spain: reliable entered values, Commerce Notice of Final Determination of Sales at Less Than calculated importer- (or customer-) Fair Value, 70 FR 24506 (May 10, 2005) specific ad valorem rates by aggregating (Chlorinated Isos from Spain Final Determination). 9 For a full discussion of this practice, see the dumping margins calculated for all Antidumping and Countervailing Duty Proceedings: U.S. sales to each importer (or customer) Assessment of Antidumping Duties, 68 FR 23954 and dividing this amount by the total (May 6, 2003). ddrumheller on DSK120RN23PROD with NOTICES1 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}.’’ In this segment of the proceeding, we calculated a margin for Ercros that was not zero, de minimis, or based entirely on facts available. Accordingly, we have applied the margin calculated for Ercros to the non-individually examined companies. VerDate Sep<11>2014 18:22 Nov 08, 2023 Jkt 262001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published in a completed segment for the most recent POR; (3) if the exporter is not a firm covered in this review or in the original investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 24.83 percent, the all-others rate established in the investigation.10 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties Commerce is issuing and publishing these final results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Dated: November 2, 2023. Abdelali Elouaradia, Deputy 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 Order IV. Changes Since the Preliminary Results 10 See Chlorinated Isos from Spain Final Determination. E:\FR\FM\09NON1.SGM 09NON1 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices V. Discussion of the Issues Comment 1: Quarterly Costs Comment 2: Movement Expenses Comment 3: Inland Insurance Currency Conversion Comment 4: Commission Expenses Currency Conversion VI. Recommendation [FR Doc. 2023–24810 Filed 11–8–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–847] Heavy Walled Rectangular Welded Steel Pipes and Tubes From Mexico: Notice of Court Decision Not in Harmony With the Results of Antidumping Administrative Review; Notice of Amended Final Results Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On July 19, 2023, the U.S. Court of International Trade (CIT) issued its final judgment in Nucor Tubular Products Inc. v. United States, Court No. 21–00543, sustaining the U.S. Department of Commerce’s (Commerce) remand results pertaining to the administrative review of the antidumping duty (AD) order on heavy walled rectangular welded steel pipes and tubes (HWR pipes and tubes) from Mexico covering the period of review (POR), September 1, 2018, through August 31, 2019. Commerce is notifying the public that the CIT’s final judgment is not in harmony with Commerce’s final results of the administrative review and that Commerce is amending the final results with respect to the dumping margins assigned to Maquilacero S.A. de C.V. (Maquilacero) and Productos Laminados de Monterrey S.A. de C.V. (Prolamsa). DATES: Applicable July 29, 2023. FOR FURTHER INFORMATION CONTACT: David Crespo, 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) 482–3693. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: Background On August 2, 2021, Commerce published its Final Results.1 In the Final 1 See Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Mexico: Final Results of Antidumping Duty Administrative Review; 2018– 2019, 86 FR 41448 (August 2, 2021) (Final Results), and accompanying Issues and Decision Memorandum (IDM). VerDate Sep<11>2014 18:22 Nov 08, 2023 Jkt 262001 Results, Commerce made no changes to the Preliminary Results 2 and continued to rely on the same (1) home market and U.S. sales for Maquilacero’s cost recovery test; and (2) currency conversion programming for Prolamsa. We found that Maquilacero and Prolamsa did not make sales of subject merchandise at less than normal value (NV) during the POR. Nucor Tubular Products, Inc. (Nucor), i.e., the domestic interested party, appealed Commerce’s Final Results. On January 18, 2023, the CIT remanded the Final Results to Commerce to reconsider Nucor’s ministerial error comments and reexamine (1) the placeholder numbers used to calculate Maquilacero’s quarterly costs in the Preliminary Results; and (2) Commerce’s assessment of Prolamsa’s home market price calculations and correct any potential errors in its currency conversions.3 Specifically, the CIT held that Commerce needed to reconsider the above company-specific calculations in order to address the ministerial error comments and correctly implement its quarterly cost methodology for Maquilacero, and calculate the correct NV for Prolamsa, so that Commerce meets its obligation to calculate antidumping duty rates as accurately as possible.4 In the Final Remand, issued in March 2023, Commerce reconsidered the facts on the record and corrected the (1) time period of U.S. sales used in Maquilacero’s home market SAS program to be based on all U.S. sales made in the POR; and (2) currency of certain variables to base Prolamsa’s NV calculation on the correct currency.5 On July 19, 2023, the CIT sustained Commerce’s Final Remand.6 Timken Notice In its decision in Timken,7 as clarified by Diamond Sawblades,8 the U.S. Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) 2 See Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Mexico: Preliminary Results of Antidumping Duty Administrative Review; 2018–2019, 86 FR 7067 (January 26, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 3 See Nucor Tubular Products Inc. v. United States, 619 F. Supp. 3d 1279 (CIT 2023). 4 Id. at 1286–7. 5 See Final Results of Redetermination Pursuant to Court Remand, Nucor Tubular Products Inc. v. United States, 619 F. Supp. 3d 1279 (CIT 2023), dated March 17, 2023 (Final Remand). 6 See Nucor Tubular Products Inc. v. United States, Court No. 21–00543, Slip Op. 23–104 (CIT 2023). 7 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 8 See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 77265 of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s July 19, 2023, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Final Results. Thus, this notice is published in fulfillment of the publication requirements of Timken. Amended Final Results Because there is now a final court judgment, Commerce is amending its Final Results with respect to Prolamsa, Maquilacero, and the margin for nonselected companies as follows: 9 Producer/exporter Weightedaverage dumping margin (percent) Maquilacero S.A. de C.V ............ Productos Laminados de Monterrey S.A. de C.V ............ Arco Metal S.A. de C.V .............. Forza Steel S.A. de C.V ............. Industrias Monterrey, S.A. de C.V ........................................... Perfiles y Herrajes LM S.A. de C.V ........................................... PYTCO S.A. de C.V ................... Regiomontana de Perfiles y Tubos S.A. de C.V .................. Ternium S.A. de C.V ................... Tuberia Nacional, S.A. de C.V ... Tuberias Procarsa S.A. de C.V .. 3.48 2.11 2.51 2.51 2.51 2.51 2.51 2.51 2.51 2.51 2.51 Cash Deposit Requirements Because Maquilacero and Prolamsa each have cash deposit rates that have been superseded by a subsequent administrative review of the AD order at this time, Commerce will not issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP). This notice will not affect the current cash deposit rate for these two companies. With respect to all the non-selected companies, because the cash deposit rates have not been superseded by a subsequent administrative review of the AD order at this time, Commerce intends to issue amended cash deposit instructions to CBP. Liquidation of Suspended Entries Because the CIT’s ruling has not been appealed, in accordance with 19 CFR 351.212(b), Commerce intends to instruct CBP to assess antidumping duties on the following unliquidated entries of subject merchandise: (1) 9 See Final Remand for details related to the margin calculations. E:\FR\FM\09NON1.SGM 09NON1

Agencies

[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Pages 77263-77265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24810]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-814]


Chlorinated Isocyanurates From Spain: Final 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) determines that 
sales of chlorinated isocyanurates from Spain were made as less than 
normal value during the period of review (POR) June 1, 2021, through 
May 31, 2022.

DATES: Applicable November 9, 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

    On July 7, 2023, Commerce published the preliminary results of the 
administrative review of the antidumping duty order on chlorinated 
isocyanurates (chlorinated isos) from Spain.\1\ For a summary of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\2\ The sole mandatory respondent in this 
administrative review is Ercros S.A. (Ercros). The producers/exporters 
not selected for individual examination are listed in the ``Final 
Results of Review'' section of this notice.
---------------------------------------------------------------------------

    \1\ See Chlorinated Isocyanurates from Spain: Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022, 88 FR 
43305 (July 7, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Chlorinated Isocyanurates from Spain; 2021-2022,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order \3\
---------------------------------------------------------------------------

    \3\ 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 Issues and Decision Memorandum.

Analysis of Comments Received

    Commerce addressed all issues raised in the case and rebuttal 
briefs in the Issues and Decision Memorandum. These issues are 
identified in the 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. 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 our analysis of the comments received, we have made 
certain changes to the home market and margin calculations for Ercros 
since the Preliminary Results. Specifically, we have revised Ercros' 
home market program to include certain movement expenses and revised 
the margin program to change currency conversions for inland insurance 
and commissions.

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 Tariff 
Act of 1930, as amended (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

[[Page 77264]]

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} .'' In this segment of 
the proceeding, we calculated a margin for Ercros that was not zero, de 
minimis, or based entirely on facts available. Accordingly, we have 
applied the margin calculated for Ercros to the non-individually 
examined companies.

Final Results of Review

    As a result of this administrative review, we determine that the 
following weighted-average dumping margins exist for the period June 1, 
2021 through May 31, 2022.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       dumping
                                                                 margin
                                                               (percent)
------------------------------------------------------------------------
Ercros S.A...................................................       9.05
------------------------------------------------------------------------
       Review-Specific Rate Applicable to the Following Companies:
------------------------------------------------------------------------
Industrias Quimicas Tamar S.L................................       9.05
Electroquimic de Hernani, S.A................................       9.05
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for Ercros 
in these final results to interested parties within five days of the 
date of publication of this notice in the Federal Register, in 
accordance with 19 CFR 351.224(b).

Assessment

    Pursuant to section 751(a)(2)(C) of 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 administrative 
review. 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).
    Where the respondent reported reliable entered values, Commerce 
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).\4\ Where Commerce 
calculated a weighted-average dumping margin by dividing the total 
amount of dumping for reviewed sales to a specific importer or customer 
by the total sales quantity associated with those transactions, 
Commerce will direct CBP to assess importer- (or customer-) specific 
assessment rates based on the resulting per-unit rates.\5\ 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.\6\ 
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.\7\
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.212(b)(1).
    \5\ Id.
    \6\ Id.
    \7\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    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 the respondent 
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 of 24.83 percent,\8\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\9\ For companies 
identified above that were not selected for individual examination, we 
will instruct CBP to liquidate entries at the rates established in 
these final results of review.
---------------------------------------------------------------------------

    \8\ See Chlorinated Isocyanurates from Spain: Notice of Final 
Determination of Sales at Less Than Fair Value, 70 FR 24506 (May 10, 
2005) (Chlorinated Isos from Spain Final Determination).
    \9\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of the final results of this administrative 
review 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 in the Federal Register, as provided 
by section 751(a)(2)(C) of the Act: (1) for the companies covered by 
this review, the cash deposit rate will be the rates listed above in 
the section ``Final Results of Review''; (2) for merchandise exported 
by producers or exporters not covered in this administrative review but 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company-specific rate published in a completed 
segment for the most recent POR; (3) if the exporter is not a firm 
covered in this review or in the original investigation, but the 
producer is, the cash deposit rate will be the rate established for the 
most recently completed segment of this proceeding for the producer of 
the merchandise; and (4) the cash deposit rate for all other producers 
or exporters will continue to be 24.83 percent, the all-others rate 
established in the investigation.\10\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \10\ See Chlorinated Isos from Spain Final Determination.
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

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

    Dated: November 2, 2023.
Abdelali Elouaradia,
Deputy 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 Order
IV. Changes Since the Preliminary Results

[[Page 77265]]

V. Discussion of the Issues
    Comment 1: Quarterly Costs
    Comment 2: Movement Expenses
    Comment 3: Inland Insurance Currency Conversion
    Comment 4: Commission Expenses Currency Conversion
VI. Recommendation

[FR Doc. 2023-24810 Filed 11-8-23; 8:45 am]
BILLING CODE 3510-DS-P
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