70212 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 

1See Chlorinated Isocyanurates from the People’s 

Republic of China: Preliminary Results and Partial 

Rescission of Antidumping Duty Administrative 

Review, 75 FR 27302 (May 14, 2010) (‘‘Preliminary 

Results’’). 

2The ILO industry-specific data is reported 

according to the International Standard Industrial 

Classification of all Economic Activities (‘‘ISIC’’) 

code, which is maintained by the United Nations 

Statistical Division and is periodically updated. 

These updates are referred to as ‘‘Revisions.’’ The 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–898] 

Chlorinated Isocyanurates From the 

People’s Republic of China: Final 

Results of 2008–2009 Antidumping 

Duty Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: November 17, 

2010. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) is conducting an 

administrative review of the 

antidumping duty order on chlorinated 

isocyanurates from the People’s 

Republic of China (‘‘PRC’’) covering the 

period June 1, 2008, through May 31, 

2009. We invited interested parties to 

comment on our preliminary results. 

Based on our analysis of the comments 

received, we have made changes to our 

margin calculations. Therefore, the final 

results differ from the preliminary 

results. The final dumping margin for 

this review is listed in the ‘‘Final Results 

of Review’’ section below. 

FOR FURTHER INFORMATION CONTACT: 

Brandon Petelin or Charles Riggle, AD/ 

CVD Operations, Office 8, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–8173 or (202) 482– 

0650, respectively. 

Background 

On May 14, 2010, the Department 

published its preliminary results of 

review of the antidumping order on 

chlorinated isocyanurates from the 

PRC.1 On June 3, 2010, Hebei Jiheng 

Chemical Corporation, Ltd. (‘‘Jiheng’’) 

provided additional information on the 

appropriate surrogate values to use as a 

means of valuing factors of production. 

On June 14, 2010, the Department 

received a request for a hearing from 

Clearon Corporation and Occidental 

Chemical Corporation (collectively 

‘‘Petitioners’’), Petitioners in the 

underlying investigation. On June 15, 

2010, the Department placed additional 

surrogate value information on the 

record of this review for valuation of the 

labor wage rate. On June 24, 2010, the 

Department received case briefs from 

Petitioners and Jiheng. On June 29, 

2010, the Department received rebuttal 

briefs from Petitioners and Jiheng. On 

July 2, 2010, Petitioners withdrew their 

request for a public hearing. On July 20, 

2010, the Department placed additional 

surrogate value information on the 

record for valuation of the labor wage 

rate. On July 23, 2010, the Department 

received comments from Petitioners and 

Jiheng on the additional wage rate 

surrogate value information. On July 27, 

2010, the Department received rebuttal 

comments from Petitioners and Jiheng, 

limited to comments related to 

valuation of the labor wage rate. On 

September 28, 2010, the Department 

placed additional surrogate value 

information on the record for valuation 

of the labor wage rate. On October 4, 

2010, the Department received 

comments from Jiheng on the industry 

specific wage rate information. We have 

conducted this administrative review in 

accordance with section 751 of the 

Tariff act of 1930, as amended (‘‘the 

Act’’), and 19 CFR 351.213. 

Scope of the Order 

The products covered by this order 

are chlorinated isocyanurates, as 

described below: Chlorinated 

isocyanurates are derivatives of 

cyanuric acid, described as chlorinated 

s-triazine triones. There are three 

primary chemical compositions of 

chlorinated isocyanurates: (1) 

Trichloroisocyanuric acid (Cl3(NCO)3), 

(2) sodium dichloroisocyanurate 

(dihydrate) (NaCl2(NCO)3•2H2O), and 

(3) sodium dichloroisocyanurate 

(anhydrous) (NaCl2(NCO)3). Chlorinated 

isocyanurates are available in powder, 

granular, and tableted forms. This order 

covers all chlorinated isocyanurates. 

Chlorinated isocyanurates are 

currently classifiable under subheadings 

2933.69.6015, 2933.69.6021, 

2933.69.6050, 3808.40.50, 3808.50.40 

and 3808.94.50.00 of the Harmonized 

Tariff Schedule of the United States 

(‘‘HTSUS’’). The tariff classification 

2933.69.6015 covers sodium 

dichloroisocyanurates (anhydrous and 

dehydrate forms) and 

trichloroisocyanuric acid. The tariff 

classifications 2933.69.6021 and 

2933.69.6050 represent basket categories 

that include chlorinated isocyanurates 

and other compounds including an 

unfused triazine ring. Although the 

HTSUS subheadings are provided for 

convenience and customs purposes, the 

written description of the scope of this 

order is dispositive. 

Analysis of Comments Received 

All issues raised in the postpreliminary comments by parties in this 

review are addressed in the 

memorandum from Susan H. Kuhbach, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations, to Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration, ‘‘Issues and Decision 

Memorandum for the 2008–2009 

Administrative Review of Chlorinated 

Isocyanurates from the People’s 

Republic of China,’’ (‘‘Issues and 

Decision Memorandum’’) dated 

concurrently with this notice, which is 

hereby adopted by this notice. A list of 

the issues that parties raised and to 

which we responded in the Issues and 

Decision Memorandum is attached to 

this notice as an appendix. The Issues 

and Decision Memorandum is a public 

document and is on file in the Central 

Records Unit (‘‘CRU’’) in room 7046 in 

the main Commerce Department 

building, and is also accessible on the 

Web at http://ia.ita.doc.gov/frn. The 

paper copy and electronic version of the 

memorandum are identical in content. 

Changes Since the Preliminary Results 

Based on our analysis of comments 

received, we have made changes in the 

margin calculations for Jiheng. See 

Issues and Decision Memorandum at 

Comments 1–9. 

As a consequence of the decision of 

the Court of Appeals for the Federal 

Circuit (‘‘Federal Circuit’’) in Dorbest 

Ltd. v. United States, 604 F. 3d 1363 

(Fed. Cir. 2010), the Department is no 

longer relying on the regression-based 

wage rate described in 19 CFR 

351.408(c)(3). For these final results, we 

have calculated an hourly wage rate to 

use in valuing Jiheng’s reported labor 

input by averaging earnings and/or 

wages in countries that are 

economically comparable to the PRC 

and that are significant producers of 

comparable merchandise. To calculate 

the hourly wage rate, we used wage data 

reported by the International Labor 

Organization (‘‘ILO’’). Because an 

industry-specific dataset relevant to this 

proceeding exists within the 

Department’s preferred ILO source, we 

will be using industry-specific data to 

calculate a surrogate wage rate for this 

review, in accordance with section 

773(c)(1) of the Act. 

Therefore, for this review, the 

Department has calculated the wage rate 

using a simple average of the data 

provided to the ILO under SubClassification 24 of the ISIC–Revision.3 

standard 2 by countries determined to be 

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Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 70213 

ILO, an organization under the auspices of the 

United Nation, utilizes this classification for 

reporting purposes. Currently, wage and earnings 

data are available from the ILO under the following 

revisions: ISIC–Rev.2, ISIC–Rev.3, and most 

recently, ISIC–Rev.4. The ISIC code establishes a 

two-digit breakout for each manufacturing category, 

and also often provides a three- or four-digit subcategory for each two-digit category. Depending on 

the country, data may be reported at the two-, 

three-, or four-digit subcategory. Sub-Classification 

24 of the ISIC–Revision.3 covers ‘‘Manufacture of 

Chemicals and Chemical Products.’’ 

3See Issues and Decision Memorandum at 

Comment 2; see also Memorandum Regarding: 

Final Results of the 2008–2009 Administrative 

Review of the Antidumping Duty Order on 

Chlorinated Isocyanurates from the People’s 

Republic of China: Final Results Surrogate Value 

Memorandum, dated concurrently with this notice 

(‘‘Final Surrogate Value Memo’’). 

4See Issues and Decision Memorandum at 

Comment 2; see also Final Surrogate Value Memo. 

5See Issues and Decision Memorandum at 

Comment 5 and Comment 7; see also, Final 

Surrogate Value Memo. 

6See Issues and Decision Memorandum at 

Comment 3; see also Final Surrogate Value Memo. 

7See Issues and Decision Memorandum at 

Comments 8–9; see also Memorandum Regarding: 

Final Results of the 2008–2009 Administrative 

Review of the Antidumping Duty Order on 

Chlorinated Isocyanurates from the People’s 

Republic of China: Analysis Memorandum for the 

Final Results: Hebei Jiheng Chemical Company, 

Ltd., dated concurrently with this notice (‘‘Final 

Analysis Memo’’). 

both economically comparable to the 

PRC and significant producers of 

comparable merchandise. Specifically, 

the Department finds the two-digit 

description under ISIC–Revision.3

(‘‘Manufacture of Chemicals and 

Chemical Products’’) to be the best 

available surrogate wage rate on the 

record because it is specific and derived 

from industries that produce 

merchandise comparable to the subject 

merchandise.3 Further, because this 

wage rate does not separate the labor 

rates into different skill levels or types 

of labor, the Department has applied the 

same wage rate to all skill levels and 

types of labor reported by Jiheng.4

We revised the surrogate financial 

ratio calculations by making certain 

adjustments to Kanoria Chemicals and 

Industries Limited’s (‘‘Kanoria’s’’) 

selling, general, and administrative 

expenses and profit.5 In addition, we are 

only relying on Kanoria’s financial 

statements for the year ended March 31, 

2009. We did not rely on the financial 

statements of Aditya Birla Chemicals 

Limited for the year ended March 31, 

2009.6

We corrected certain ministerial 

errors in the calculations for the 

Preliminary Results.7

Final Results of Review 

We determined that the following 

dumping margin exists for the period 

June 1, 2008, through May 31, 2009. 

Exporter 

Weightedaverage 

margin 

percentage 

Hebei Jiheng Chemical Corporation, Ltd. ......................... 2.66 

Assessment Rates 

The Department intends to issue 

assessment instructions to U.S. Customs 

and Border Protection (‘‘CBP’’) 15 days 

after the date of publication of these 

final results of review. In accordance 

with 19 CFR 351.212(b)(1), we have 

calculated importer-specific assessment 

rates for merchandise subject to this 

review. 

Cash Deposit Requirements 

The following deposit requirements 

will be effective upon publication of 

this notice of final results of 

administrative review for all shipments 

of subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication, as provided by section 

751(a)(2)(C) of the Act: (1) For subject 

merchandise exported by Jiheng, the 

cash deposit rate will be 1.76 percent; 

(2) for previously reviewed or 

investigated exporters not listed above 

that have separate rates, the cash 

deposit rate will continue to be the 

exporter-specific rate published for the 

most recent period; (3) for all PRC 

exporters of subject merchandise, which 

have not been found to be entitled to a 

separate rate, the cash deposit rate will 

be the PRC-wide rate of 285.63 percent; 

and (4) for all non-PRC exporters of 

subject merchandise that have not 

received their own rate, the cash deposit 

rate will be the rate applicable to the 

PRC exporter that supplied that nonPRC exporter. These deposit 

requirements shall remain in effect until 

further notice. 

Notification of Interested Parties 

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 duties prior to liquidation 

of the relevant entries during this 

review period. Failure to comply with 

this requirement could result in the 

Secretary’s presumption that 

reimbursement of the antidumping 

duties occurred and the subsequent 

assessment of double antidumping 

duties. This notice also serves as a 

reminder to parties subject to 

administrative protective orders 

(‘‘APOs’’) of their responsibility 

concerning the return or destruction of 

proprietary information disclosed under 

APO in accordance with 19 CFR 

351.305, which continues to govern 

business proprietary information in this 

segment of the proceeding. Timely 

written notification of the return/ 

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 that is subject to 

sanction. 

We are issuing and publishing these 

final results of review and notice in 

accordance with sections 751(a) and 

777(i) of the Act. 

Dated: November 10, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

Appendix 

List of Comments and Issues in the Issues 

and Decision Memorandum 

I. Surrogate Values 

Comment 1: Surrogate Value for Steam 

Coal 

Comment 2: Wage Rate 

Comment 3: Selection of Financial 

Statements 

II. Specific Financial Statement Issues: 

Aditya 

Comment 4: Interest Income 

III. Specific Financial Statement Issues: 

Kanoria 

Comment 5: Miscellaneous Receipts 

Comment 6: Gross Interest Income 

Comment 7: Profit Ratio 

IV. Ministerial Errors 

Comment 8: Kanoria’s SG&A Expense 

Calculation 

Comment 9: Domestic Brokerage and 

Handling 

[FR Doc. 2010–29020 Filed 11–16–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA043 

Gulf of Mexico Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of a public meeting. 

SUMMARY: The Gulf of Mexico Fishery 

Management Council will convene two 

webinars of the Gag Update Assessment 

Work Group. 

DATES: The first webinar will convene at 

9 a.m. on Monday, December 6, 2010 

and conclude by 1 p.m. and the second 

will convene at 9 a.m. on Thursday, 

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