[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Notices]
[Pages 31953-31955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14728]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


Chlorinated Isocyanurates From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that the exporters of chlorinated isocyanurates subject to this 
administrative review made sales of subject merchandise at prices below 
normal value (NV). The period of review (POR) is June 1, 2016, through 
May 31, 2017. Interested parties are invited to comment on these 
preliminary results of review.

DATES: Applicable July 10, 2018.

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: 

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.\1\ 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.
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    \1\ For a complete description of the Scope of the Order, see 
Memorandum, ``Decision Memorandum for the Preliminary Results of the 
2016-2017 Antidumping Duty Administrative Review: Chlorinated 
Isocyanurates from the People's Republic of China,'' dated 
concurrently with this notice (Preliminary Decision Memorandum).
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). Export prices have been calculated in accordance with section 772 
of the Act. Because China is a non-market economy within the meaning of 
section 771(18) of the Act, normal value has been calculated in 
accordance with section 773(c) of the Act. For a full description of 
the methodology underlying our conclusions, see the Preliminary 
Decision Memorandum, which is hereby adopted by this notice. A list of 
the topics included in the Preliminary Decision Memorandum is included 
as an appendix to this notice.
    The Preliminary 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, 
and it is available to all parties in the Central Records Unit, Room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum is available at 
http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content.

Preliminary Results of Review

    The administrative review covers three producers/exporters: (1) 
Heze Huayi Chemical Co. Ltd. (Heze Huayi); (2) Hebei Jiheng Chemical 
Co. Ltd. (Jiheng); and (3) Juancheng Kangtai

[[Page 31954]]

Chemical Co. Ltd. (Kangtai). We preliminarily determine that Heze Huayi 
and Kangtai have demonstrated their eligibility for a separate rate, 
and have made sales in the United States at prices below normal value 
(NV). We also preliminarily determine that Jiheng has not demonstrated 
its eligibility for a separate rate. Because Jiheng did not submit a 
separate rate response, we preliminarily determine that Jiheng is part 
of the China-wide entity.\2\
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    \2\ Because no interested party requested a review of the China-
wide entity and Commerce no longer considers the China-wide entity 
as an exporter conditionally subject to administrative reviews, we 
did not conduct a review of the China-wide entity. Thus, the rate 
for the China-wide entity is not subject to change as a result of 
this review. 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, 65969-70 (November 
4, 2013).
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    For the companies subject to this review that have established 
their eligibility for a separate rate, Commerce preliminarily 
determines that the following weighted-average dumping margins exist 
for the period of June 1, 2016, through May 31, 2017:

------------------------------------------------------------------------
                                                               Weight-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              percentage
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Heze Huayi Chemical Co. Ltd................................        23.29
Juancheng Kangtai Chemical Co. Ltd.........................        29.35
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Disclosure and Public Comment

    Commerce intends to disclose the calculations for these preliminary 
results within five days of the date of publication of this notice, in 
accordance with 19 CFR 351.224(b).
    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review.\3\ 
Rebuttals to case briefs, which must be limited to issues raised in the 
case briefs, must be filed within five days after the time limit for 
filing case briefs.\4\ Parties who submit case briefs or rebuttal 
briefs in this proceeding are requested to submit with each with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\5\
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    \3\ See 19 CFR 351.309(c)(1)(ii).
    \4\ See 19 CFR 351.309(d)(1) and (2).
    \5\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, within 30 days of the date of publication of this 
notice.\6\ Requests should contain: (1) The party's name, address and 
telephone number; (2) The number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs. If a request 
for a hearing is made, parties will be notified of the time and date 
for the hearing to be held at the U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230.\7\ Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
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    \6\ See 19 CFR 351.310(c).
    \7\ See 19 CFR 351.310(d).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety by 5 p.m. Eastern Time (ET) on 
the due date. Documents excepted from the electronic submission 
requirements must be filed manually (e.g., in paper form) with the APO/
Dockets Unit in Room 18022 and stamped with the date and time of 
receipt by 5 p.m. ET on the due date.
    Commerce intends to issue the final results of this administrative 
review, which will include the results of our analysis of all issues 
raised in the case briefs, within 120 days of publication of these 
preliminary results in the Federal Register, unless extended, pursuant 
to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuing the final results of this review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\8\ Commerce intends to issue assessment instructions to CBP 15 
days after the date of publication of the final results of this review.
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    \8\ See 19 CFR 351.212(b)(1).
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    In accordance with 19 CFR 351.212(b)(1), we are calculating 
importer- (or customer-) specific assessment rates for the merchandise 
subject to this review. For any individually examined respondent whose 
weighted-average dumping margin is above de minimis (i.e., 0.50 
percent), Commerce will calculate importer-specific assessment rates on 
the basis of the ratio of the total amount of dumping calculated for 
the importer's examined sales and the total entered value of sales.\9\ 
We will instruct CBP to assess antidumping duties on all appropriate 
entries covered by this review when the importer-specific assessment 
rate is above de minimis. Where either the respondent's weighted-
average dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
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    \9\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
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    For entries that were not reported in the U.S. sales database 
submitted by an exporter individually examined during this review, 
Commerce will instruct CBP to liquidate such entries at the China-wide 
rate. Additionally, if Commerce determines that an exporter under 
review had no shipments of the subject merchandise, any suspended 
entries that entered under that exporter's case number will be 
liquidated at the China-wide rate.\10\
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    \10\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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 from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for 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 Chinese and non-Chinese 
exporters not listed above that have separate rates, the cash deposit 
rate will continue to be the existing producer/exporter-specific 
combination rate published for the most recent period; (3) for all 
Chinese exporters of subject merchandise that have not been found to be 
eligible for a separate rate, the cash deposit rate will be the PRC-
wide rate of 285.63 percent; \11\ and (4) for all non-Chinese exporters 
of subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the Chinese exporter(s) 
that supplied that non-Chinese exporter. These deposit requirements, 
when

[[Page 31955]]

imposed, shall remain in effect until further notice.
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    \11\ 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).
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Notification to Importers

    This notice also serves as a 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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 19 
CFR 351.221(b)(4).

    Dated: July 3, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Non-Market Economy Country Status
5. Separate Rates
6. Surrogate Country
7. Date of Sale
8. Normal Value Comparisons
9. Factor Valuation Methodology
10. Surrogate Values
11. Comparisons to Normal Value
12. Adjustments for Countervailable Subsidies
13. Currency Conversion

[FR Doc. 2018-14728 Filed 7-9-18; 8:45 am]
 BILLING CODE 3510-DS-P