Chlorinated Isocyanurates From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2021-2022, 455-456 [2023-28998]
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Federal Register / Vol. 89, No. 3 / Thursday, January 4, 2024 / Notices
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; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
Heze Huayi Chemical Co., Ltd. (Heze
Huayi) and Juancheng Kangtai Chemical
Co., Ltd. (Kangtai) sold chlorinated
isocyanurates (chlorinated isos) from
the People’s Republic of China (China)
at less than normal value during the
period of review (POR) June 1, 2021,
through May 31, 2022.
DATES: Applicable January 4, 2024.
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.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 7, 2023, Commerce published
its Preliminary Results.1 For events
subsequent to the Preliminary Results,
see the Issues and Decision
Memorandum.2
Scope of the Order
The products covered by the order are
chlorinated isos, which are derivatives
of cyanuric acid, described as
chlorinated s-triazine triones. A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised by interested parties
in briefs are addressed in the Issues and
Decision Memorandum. A list of the
issues addressed in the Issues and
Decision Memorandum is provided in
the appendix to this notice. The Issues
and Decision Memorandum is a public
khammond on DSKJM1Z7X2PROD with NOTICES
1 See
Chlorinated Isocyanurates from the People’s
Republic of China: Preliminary Results of
Antidumping Administrative Review; 2021–2022,
88 FR 43271 (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 Isocynaurates from the
People’s Republic of China; 2021–2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
VerDate Sep<11>2014
16:54 Jan 03, 2024
Jkt 262001
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 review of the record,
and comments received from interested
parties regarding our Preliminary
Results, we made two changes to the
Romanian surrogate values (SVs) for
chlorine and brokerage and handling
charges.3
Separate Rate Eligibility
In the Preliminary Results, we found
that Heze Huayi and Kangtai
demonstrated their eligibility for
separate rates.4 As we received no
information or interested party
arguments to the contrary since the
issuance of the Preliminary Results, we
continue to find that Heze Huayi and
Kangtai are each eligible for a separate
rate.
China-Wide Entity
Commerce’s policy regarding the
conditional review of the China-wide
entity applies to this administrative
review.5 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity, we did
not review the entity in this segment of
the proceeding. Thus, the China-wide
entity’s rate (i.e., 285.63 percent) 6 did
not change.
Final Results of Review
Commerce determines that the
following weighted-average dumping
margins exists for Heze Huayi and
Kangtai for the period of June 1, 2021,
through May 31, 2022:
3 See Issues and Decision Memorandum for
further discussion.
4 See Preliminary Results, 88 FR 43272.
5 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 (November 4, 2013).
6 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).
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
Exporter
Heze Huayi Chemical Co., Ltd ...
Juancheng Kangtai Chemical
Co., Ltd ...................................
455
Weightaverage
dumping
margin
(percent)
50.27
73.84
Disclosure
We intend to disclose the calculations
performed to parties in this proceeding
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
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 these final results of
review. Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of these final results. 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).
For the individually-examined
respondent in this review which has a
final weighted-average dumping margin
that is not zero or de minimis (i.e., less
than 0.5 percent), we will calculate
importer- (or customer-) specific perunit duty assessment rates based on the
ratio of the total amount of dumping
calculated for the importer’s (or
customer’s) examined sales to the total
sales quantity associated with those
sales, in accordance with 19 CFR
351.212(b)(1).7 We will also calculate
(estimated) ad valorem importerspecific assessment rates with which to
determine whether the per-unit
assessment rates are de minimis. Where
either a respondent’s weighted-average
dumping margin is zero or de minimis,
or an importer- (or customer-) specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.8
7 See Certain Activated Carbon from the People’s
Republic of China: Final Results and Partial
Rescission of Second Antidumping Duty
Administrative Review, 75 FR 70208, 70211
(November 17, 2010), and accompanying Issues and
Decision Memorandum at Comment 3.
8 See 19 CFR 351.106(c)(2).
E:\FR\FM\04JAN1.SGM
04JAN1
456
Federal Register / Vol. 89, No. 3 / Thursday, January 4, 2024 / Notices
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.
Notification to Importers Regarding the
Reimbursement of Duties
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
and/or countervailing duties has
occurred and the subsequent assessment
of double antidumping duties, and/or
increase in the amount of antidumping
duties by the amount of the
countervailing duties.
khammond on DSKJM1Z7X2PROD with NOTICES
Administrative Protective Order (APO)
This notice also serves as a reminder
to parties subject to an 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
VerDate Sep<11>2014
16:54 Jan 03, 2024
Jkt 262001
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i) of the Act, and 19 CFR
351.221(b)(5).
Dated: December 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
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
V. Discussion of the Issues
Comment 1: Comparable Merchandise
Comment 2: Surrogate Country Selection
Comment 3: Whether Romanian SV
Information was Timely Submitted
Comment 4: Whether the Romanian SV for
Chlorine is Aberrant
VI. Recommendation
[FR Doc. 2023–28998 Filed 1–3–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–841]
Mattresses From Thailand: Notice of
Court Decision Not in Harmony With
the Final Determination of
Antidumping Investigation; Notice of
Amended Final Determination; Notice
of Amended Order, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 22, 2023, the
U.S. Court of International Trade (CIT)
issued its final judgment in Brooklyn
Bedding LLC v. United States, Court No.
21–00285 sustaining the U.S.
Department of Commerce’s (Commerce)
first final results of redetermination
pertaining to the antidumping duty (AD)
investigation of mattresses from
Thailand covering the period of
investigation January 1, 2019, through
December 31, 2019. Commerce is
notifying the public that the CIT’s final
judgment is not in harmony with
Commerce’s final determination in the
investigation, and Commerce is
amending the final determination and
the resulting AD order with respect to
the dumping margins assigned to
Saffron Living Co., Ltd. (Saffron) and all
AGENCY:
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
other producers and exporters of subject
merchandise.
DATES: Applicable January 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Paola Aleman Ordaz, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482-4031.
SUPPLEMENTARY INFORMATION:
Background
On March 25, 2021, Commerce
published in the Federal Register its
final determination in the AD
investigation of mattresses from
Thailand.1 Commerce subsequently
published in the Federal Register the
AD order on mattresses from Thailand.2
The petitioners 3 appealed
Commerce’s Final Determination. On
July 20, 2023, the CIT remanded the
Final Determination to Commerce.4
Specifically, the CIT remanded
Commerce to: (1) undertake verification
of Saffron in accordance with section
782(i)(1) of the Tariff Act of 1930, as
amended (the Act), insofar as Commerce
continued to rely upon the company’s
data; and (2) explain why Commerce
departed from its practice of applying
the transactions disregarded and/or
major unput rules or, alternatively, to
apply either or both of those rules.5
In its final results of redetermination,
issued on September 18, 2023,
Commerce applied adverse facts
available (AFA) to Saffron because the
company withdrew from the remand
proceeding, and thus, Commerce could
neither verify Saffron’s sales or cost
data, nor apply the transactions
disregarded and/or major input rules to
its data.6 As a result, Commerce
1 See Mattresses from Thailand: Final Affirmative
Determination of Sales at Less Than Fair Value, 86
FR 15928 (March 25, 2021) (Final Determination),
and accompanying Issues and Decision
Memorandum (IDM).
2 See Mattresses from Cambodia, Indonesia,
Malaysia, Serbia, Thailand, the Republic of Turkey,
and the Socialist Republic of Vietnam:
Antidumping Duty Orders and Amended Final
Affirmative Antidumping Determination for
Cambodia, 86 FR 26460 (May 14, 2021) (Order).
3 The petitioners are: Brooklyn Bedding;
Corsicana Mattress Company; Elite Comfort
Solutions; FXI, Inc.; Kolcraft Enterprises, Inc.;
Leggett & Platt, Incorporated; the International
Brotherhood of Teamsters; and the United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy,
Allied Industrial and Service Workers International
Union, AFL–CIO (USW) (collectively, the
petitioners).
4 See Brooklyn Bedding, LLC. v. United States,
Court No. 21–00285, Slip Op. 23–107 (CIT July 20,
2023).
5 Id. at 12 and 14.
6 See Final Results of Redetermination Pursuant
to Court Remand, Brooklyn Bedding LLC, et al. v.
E:\FR\FM\04JAN1.SGM
04JAN1
]]>Agencies
[Federal Register Volume 89, Number 3 (Thursday, January 4, 2024)]
[Notices]
[Pages 455-456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28998]
[[Page 455]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-898]
Chlorinated Isocyanurates From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Heze Huayi Chemical Co., Ltd. (Heze Huayi) and Juancheng Kangtai
Chemical Co., Ltd. (Kangtai) sold chlorinated isocyanurates
(chlorinated isos) from the People's Republic of China (China) at less
than normal value during the period of review (POR) June 1, 2021,
through May 31, 2022.
DATES: Applicable January 4, 2024.
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.
SUPPLEMENTARY INFORMATION:
Background
On July 7, 2023, Commerce published its Preliminary Results.\1\ For
events subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Chlorinated Isocyanurates from the People's Republic of
China: Preliminary Results of Antidumping Administrative Review;
2021-2022, 88 FR 43271 (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 Isocynaurates from the People's Republic of
China; 2021-2022,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are chlorinated isos, which are
derivatives of cyanuric acid, described as chlorinated s-triazine
triones. A full description of the scope of the Order is contained in
the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties in briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed in
the Issues and Decision Memorandum is provided 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 review of the record, and comments received from
interested parties regarding our Preliminary Results, we made two
changes to the Romanian surrogate values (SVs) for chlorine and
brokerage and handling charges.\3\
---------------------------------------------------------------------------
\3\ See Issues and Decision Memorandum for further discussion.
---------------------------------------------------------------------------
Separate Rate Eligibility
In the Preliminary Results, we found that Heze Huayi and Kangtai
demonstrated their eligibility for separate rates.\4\ As we received no
information or interested party arguments to the contrary since the
issuance of the Preliminary Results, we continue to find that Heze
Huayi and Kangtai are each eligible for a separate rate.
---------------------------------------------------------------------------
\4\ See Preliminary Results, 88 FR 43272.
---------------------------------------------------------------------------
China-Wide Entity
Commerce's policy regarding the conditional review of the China-
wide entity applies to this administrative review.\5\ Under this
policy, the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-wide entity,
we did not review the entity in this segment of the proceeding. Thus,
the China-wide entity's rate (i.e., 285.63 percent) \6\ did not change.
---------------------------------------------------------------------------
\5\ 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 (November 4, 2013).
\6\ 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).
---------------------------------------------------------------------------
Final Results of Review
Commerce determines that the following weighted-average dumping
margins exists for Heze Huayi and Kangtai for the period of June 1,
2021, through May 31, 2022:
------------------------------------------------------------------------
Weight-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Heze Huayi Chemical Co., Ltd................................ 50.27
Juancheng Kangtai Chemical Co., Ltd......................... 73.84
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding 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 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 these final results of review. Commerce
intends to issue assessment instructions to CBP no earlier than 35 days
after the date of publication of these final results. 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).
For the individually-examined respondent in this review which has a
final weighted-average dumping margin that is not zero or de minimis
(i.e., less than 0.5 percent), we will calculate importer- (or
customer-) specific per-unit duty assessment rates based on the ratio
of the total amount of dumping calculated for the importer's (or
customer's) examined sales to the total sales quantity associated with
those sales, in accordance with 19 CFR 351.212(b)(1).\7\ We will also
calculate (estimated) ad valorem importer-specific assessment rates
with which to determine whether the per-unit assessment rates are de
minimis. Where either a respondent's weighted-average dumping margin is
zero or de minimis, or an importer- (or customer-) specific assessment
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\8\
---------------------------------------------------------------------------
\7\ See Certain Activated Carbon from the People's Republic of
China: Final Results and Partial Rescission of Second Antidumping
Duty Administrative Review, 75 FR 70208, 70211 (November 17, 2010),
and accompanying Issues and Decision Memorandum at Comment 3.
\8\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
[[Page 456]]
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.
Notification to Importers Regarding the Reimbursement of Duties
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 and/or countervailing duties has occurred and the
subsequent assessment of double antidumping duties, and/or increase in
the amount of antidumping duties by the amount of the countervailing
duties.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an 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.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i) of the Act, and
19 CFR 351.221(b)(5).
Dated: December 28, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
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
V. Discussion of the Issues
Comment 1: Comparable Merchandise
Comment 2: Surrogate Country Selection
Comment 3: Whether Romanian SV Information was Timely Submitted
Comment 4: Whether the Romanian SV for Chlorine is Aberrant
VI. Recommendation
[FR Doc. 2023-28998 Filed 1-3-24; 8:45 am]
BILLING CODE 3510-DS-P
