50774 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices 

Executive Order 13132 (Federalism) 

It has been determined that this notice 

does not contain policies with 

Federalism implications as that term is 

defined in Executive Order 13132. 

Administrative Procedure Act/ 

Regulatory Flexibility Act 

Prior notice and an opportunity for 

public comment are not required by the 

Administrative Procedure Act or any 

other law for rules concerning public 

property, loans, grants, benefits, and 

contracts (5 U.S.C. 553(a)(2)). Because 

notice and opportunity for comment are 

not required pursuant to 5 U.S.C. 553 or 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

inapplicable. Therefore, a regulatory 

flexibility analysis has not been 

prepared. 

September 29, 2009. 

John H. Dunnigan, 

Assistant Administrator for Ocean Services 

and Coastal Zone Management. 

[FR Doc. E9–23819 Filed 9–30–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–469–814] 

Chlorinated Isocyanurates from Spain: 

Final Results of Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Department) published the preliminary 

results of administrative review of the 

antidumping duty order on chlorinated 

isocyanurates (chlorinated isos) from 

Spain on May 27, 2009. See Chlorinated 

Isocyanurates from Spain: Preliminary 

Results and Rescission, in Part, of 

Antidumping Duty Administrative 

Review, 74 FR 25215 (May 27, 2009) 

(Preliminary Results). The period of 

review (POR) is June 1, 2007 through 

May 31, 2008. We invited interested 

parties to comment on our Preliminary 

Results. Based on our analysis of the 

comments received, we have made 

changes to our calculations. The final 

dumping margin for this review is listed 

in the ‘‘Final Results of Review’’ section 

below. 

EFFECTIVE DATE: October 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Myrna Lobo, AD/CVD Operations, 

Office 6, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW, 

Washington, DC 20230; telephone (202) 

482–2371. 

SUPPLEMENTARY INFORMATION: On June 

24, 2005, the Department published in 

the Federal Register an antidumping 

duty order on chlorinated isos from 

Spain. See Chlorinated Isocyanurates 

from Spain: Notice of Antidumping 

Duty Order, 70 FR 36562 (June 24, 2005) 

(Chlorinated Isos Order). On July 30, 

2008, the Department published in the 

Federal Register a notice of the 

initiation of the antidumping duty 

administrative review of chlorinated 

isos from Spain for the period June 1, 

2007 through May 31, 2008. See 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews, Request for Revocation in Part, 

and Deferral of Administrative Review, 

73 FR 44220 (July 30, 2008). 

The Department published the 

preliminary results of this review on 

May 27, 2009. See Preliminary Results. 

We invited parties to comment on our 

preliminary results of review. The 

respondent, Aragonesas Industrias y 

Energı ́a S.A. (Aragonesas) submitted a 

case brief on July 6, 2009, and the 

petitioners, Clearon Corporation and 

Occidental Chemical Corporation 

(collectively, the petitioners), submitted 

a rebuttal brief on July 14, 2009. On July 

23, 2009, the Department held a public 

hearing concerning the issues addressed 

by the respondent and petitioners in 

their briefs. 

Scope of Antidumping Duty Order 

The products covered by this order 

are chlorinated isocyanurates. 

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. The order 

covers all chlorinated isocyanurates. 

Chlorinated isocyanurates are 

currently classifiable under subheadings 

2933.69.6015, 2933.69.6021, and 

2933.69.6050 of the Harmonized Tariff 

Schedule of the United States (HTSUS). 

The tariff classification 2933.69.6015 

covers sodium dichloroisocyanurates 

(anhydrous and dihydrate forms) and 

trichloroisocyanuric acid. The tariff 

classifications 2933.69.6021 and 

2933.69.6050 represent basket categories 

that include chlorinated isoscyanurates 

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 the 

order is dispositive. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs submitted by the parties 

in this review are addressed in the 

memorandum from John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations, to Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration, Antidumping Duty 

Administrative Review of Chlorinated 

Isocyanurates from Spain: Issues and 

Decision Memorandum for the Final 

Results (Issues and Decision 

Memorandum), dated concurrently 

with, and hereby adopted by, this 

notice. A list of the issues which 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 which is on file in 

the Central Records Unit in room 1114 

in the main Department building, and is 

accessible on the Web at http:// 

www.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 calculation for Aragonesas. For a 

discussion of these changes, see 

Memorandum to the File, from Myrna 

Lobo, Case Analyst, Antidumping Duty 

Review of Chlorinated Isocyanurates 

from Spain: Calculation Memorandum 

for the Final Results (September 24, 

2009) at the section titled ‘‘Changes 

from the Preliminary Results’’ and 

Memorandum to Neal M. Halper, 

Director, Office of Accounting from 

Robert B. Greger, Senior Accountant, 

Cost of Production and Constructed 

Value Calculation Adjustments for the 

Final Results – Aragonesas Industrias y 

Energia S.A. (September 24, 2009). 

Final Results of Review 

We determine that the following 

percentage margin exists for the period 

June 1, 2007 through May 31, 2008: 

Manufacturer/Exporter 

Weighted–Average 

Margin (percentage) 

Aragonesas Industrias y 

Energı ́a S.A. .............. 28.04 


PWALKER on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices 50775 

Assessment 

The Department shall determine, and 

CBP shall assess, antidumping duties on 

all appropriate entries. 

We have calculated importer–specific 

per unit duty assessment rates based on 

the ratio of the total amount of 

antidumping duties calculated for the 

examined sales to the total entered 

value of the sales. We will instruct CBP 

to assess antidumping duties on all 

appropriate entries covered by this 

review if any importer–specific 

assessment rate calculated in the final 

results of this review is above de 

minimis (i.e., less than 0.50 percent). 

The Department intends to issue 

assessment instructions to CBP 15 days 

after the date of publication of these 

final results of review. 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003. See Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). This 

clarification will apply to entries of 

subject merchandise during the POR 

produced by companies included in 

these final results of review for which 

the reviewed companies did not know 

their merchandise was destined for the 

United States. In such instances, we will 

instruct CBP to liquidate unreviewed 

entries at the all–others rate established 

in the less–than-fair–value (LTFV) 

investigation if there is no rate for the 

intermediate company(ies) involved in 

the transaction. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review for all shipments 

of the subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date, consistent with section 

751(a)(2)(C) of the Act: (1) the cash 

deposit rate for the reviewed company, 

Aragonesas, will be the rate shown 

above; (2) if the exporter is not a firm 

covered in this review, but was covered 

in a previous review or the original 

LTFV investigation, 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 original LTFV 

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) if neither the 

exporter nor the manufacturer is a firm 

covered in this or any previous review 

conducted by the Department, the cash 

deposit rate will continue to be the ‘‘All 

Others’’ rate established in the original 

LTFV investigation, which is 24.83 

percent. See Chlorinated Isos Order. 

These deposit requirements 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 review period. Failure to 

comply with this requirement could 

result in the Secretary’s presumption 

that reimbursement of antidumping 

duties occurred and the subsequent 

assessment of double antidumping 

duties. 

Notification to Interested Parties 

This notice serves as the only 

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)(3). Timely 

written notification of return/ 

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. 

We are issuing and publishing these 

final results of review in accordance 

with sections 751(a)(1) and 777(i)(1) of 

the Act. 

Dated: September 24, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

Appendix 

Issues in Decision Memorandum: 

Comment 1: Whether the Department 

Should Eliminate from the G&A Ratio 

the Accrued Expenses Relating to the 

Asset Impairments and Restructuring 

Charges 

Comment 2: Whether the Department 

was Correct to Revise Aragonesas’ G&A 

Expense Allocation Relating to G&A 

Services Provided by its Parent 

Company 

Comment 3: Whether the Department, in 

Calculating the G&A and the R&D 

Amounts to be Included in Aragonesas’ 

Costs, Should First Eliminate from 

TOTCOM that Portion of TOTCOM that 

Relates to the Major Input Rule 

Adjustment for Chlorine 

Comment 4:Whether the Department 

Should Set U.S. Warranty Expenses to 

Zero 

Comment 5:Whether There Are Clerical 

Errors in the Department’s Program or 

Calculations 

Comment 6:Whether the Department 

Should Refrain from Zeroing for the 

Final Results 

[FR Doc. E9–23705 Filed 9–30–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–357–405] 

Barbed Wire and Barbless Fencing 

Wire From Argentina: Final Results of 

Sunset Review and Revocation of 

Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On August 3, 2009, the 

Department of Commerce (Department) 

initiated the sunset review of the 

antidumping duty order on barbed wire 

and barbless fencing wire from 

Argentina. Because the domestic 

interested parties did not participate in 

this sunset review, the Department is 

revoking this antidumping duty order. 

FOR FURTHER INFORMATION CONTACT: 

Steve Bezirganian, AD/CVD Operations, 

Office 7, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street & Constitution Avenue, NW., 

Washington, DC 20230; telephone: (202) 

482–1131. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 13, 1985, the 

Department issued an antidumping duty 

order on barbed wire and barbless 

fencing wire from Argentina. See 

Antidumping Duty Order: Barbed Wire 

and Barbless Fencing Wire From 

Argentina, 50 FR 46808 (Nov. 13, 1985). 

On September 20, 2004, the Department 

published its most recent continuation 

of the order. See Continuation of 

Antidumping Duty Order: Barbed Wire 

and Barbless Fencing Wire From 

Argentina, 69 FR 56190 (Sep. 20, 2004). 

On August 3, 2009, the Department 

initiated a sunset review of this order. 

See Initiation of Five-Year (‘‘Sunset’’) 

Review, 74 FR 38401 (Aug. 3, 2009). 

We did not receive a notice of intent 

to participate from domestic interested 

parties in this sunset review by the 


PWALKER on DSK8KYBLC1PROD with NOTICES