Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 77263 

1See 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. 

2See 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). 

3See Chlorinated Isocyanurates from Spain: 

Notice of Antidumping Duty Order, 70 FR 36562 

(June 24, 2005) (Order). 

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. 

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 

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 

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. 

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 


ddrumheller on DSK120RN23PROD with NOTICES1
77264 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 

4See 19 CFR 351.212(b)(1). 5 Id. 

6 Id. 

7See 19 CFR 351.106(c)(2). 8See 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). 9For a full discussion of this practice, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 

10See Chlorinated Isos from Spain Final 

Determination. 

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. 

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. 

Manufacturer/exporter 

Weightedaverage 

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 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 

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 perunit rate is zero or de minimis, 

Commerce will instruct CBP to liquidate 

appropriate entries without regard to 

antidumping duties.7

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. 

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. 

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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices 77265 

1See 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). 

2See 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. 

3See Nucor Tubular Products Inc. v. United 

States, 619 F. Supp. 3d 1279 (CIT 2023). 

4 Id. at 1286–7. 

5See 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). 

6See Nucor Tubular Products Inc. v. United 

States, Court No. 21–00543, Slip Op. 23–104 (CIT 

2023). 

7See Timken Co. v. United States, 893 F.2d 337 

(Fed. Cir. 1990) (Timken). 

8See Diamond Sawblades Mfrs. Coal. v. United 

States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond 

Sawblades). 

9See Final Remand for details related to the 

margin calculations. 

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 

AGENCY: 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: 

Background 

On August 2, 2021, Commerce 

published its Final Results.1 In the Final 

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) 

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 ............ 3.48 

Productos Laminados de 

Monterrey S.A. de C.V ............ 2.11 

Arco Metal S.A. de C.V .............. 2.51 

Forza Steel S.A. de C.V ............. 2.51 

Industrias Monterrey, S.A. de 

C.V ........................................... 2.51 

Perfiles y Herrajes LM S.A. de 

C.V ........................................... 2.51 

PYTCO S.A. de C.V ................... 2.51 

Regiomontana de Perfiles y 

Tubos S.A. de C.V .................. 2.51 

Ternium S.A. de C.V ................... 2.51 

Tuberia Nacional, S.A. de C.V ... 2.51 

Tuberias Procarsa S.A. de C.V .. 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) 


ddrumheller on DSK120RN23PROD with NOTICES1