[Federal Register Volume 77, Number 63 (Monday, April 2, 2012)]
[Notices]
[Pages 19644-19645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7843]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


Chlorinated Isocyanurates From the People's Republic of China: 
Rescission of Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: April 2, 2012.
SUMMARY: The Department of Commerce (the Department) initiated a new 
shipper review of the antidumping duty order on chlorinated 
isocyanurates (chlorinated isos) from the People's Republic of China 
(PRC) for the period of June 1, 2011, through February 29, 2012. As 
discussed below, we determine that the producer and exporter Puyang 
Cleanway Chemicals Ltd. (Puyang Cleanway) did not satisfy the 
regulatory requirements to request a new shipper review; therefore, we 
are rescinding this new shipper review.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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) 482-4261.
    SUPPLEMENTARY INFORMATION

Background

    The antidumping duty order on chlorinated isos from the PRC was 
published on June 24, 2005. See Notice of Antidumping Duty Order: 
Chlorinated Isocyanurates from the People's Republic of China, 70 FR 
36561 (June 24, 2005). On December 30, 2011, the Department received a 
timely request for a new shipper review (NSR) from Puyang Cleanway in 
accordance with 19 CFR 351.214(c) and 19 CFR 351.214(d). On January 31, 
2012, the Department initiated the NSR. See Chlorinated Isocyanurates 
From the People's Republic of China: Initiation of New Shipper Review, 
77 FR 5773 (February 6, 2012) (Initiation Notice).

Period of Review

    Usually, in accordance with 19 CFR 351.214(g)(1)(i)(B), the period 
of review (POR) for new shipper reviews initiated in the month 
immediately following the semi-annual anniversary month is the six-
month period immediately preceding the semiannual anniversary month (in 
this instance, June 1, 2011, through November 30, 2011). Puyang 
Cleanway's sale, which took place in November of the POR, had not yet 
entered by the end of the standard regulatory POR. The Department, 
however, has in the past extended a POR forward to capture entries for 
sales made during the POR that have not yet entered during the POR 
specified by the Department's regulations. Therefore, consistent with 
19 CFR.214(f)(2)(ii), the Department stated, in the Initiation Notice, 
that it was extending the POR for the NSR forward to allow Puyang 
Cleanway to enter this sale. We stated that in no case, however, would 
we extend the POR past February 29, 2012. This decision allowed Puyang 
Cleanway more than three months to enter its November shipment.

Scope of the Order

    The products covered by the order are chlorinated isocyanurates 
(chlorinated isos), which are derivatives of cyanuric acid, described 
as chlorinated s-triazine triones. There are three primary chemical 
compositions of chlorinated isos: (1) Trichloroisocyanuric acid 
(Cl<INF>3</INF>(NCO)<INF>3</INF>), (2) sodium dichloroisocyanurate 
(dihydrate) (NaCl<INF>2</INF>(NCO)<INF>3</INF>(2H<INF>2</INF>O), and 
(3) sodium dichloroisocyanurate (anhydrous) 
(NaCl<INF>2</INF>(NCO)<INF>3</INF>). Chlorinated isos are available in 
powder, granular, and tableted forms. The order covers all chlorinated 
isos.
    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 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 isos 
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.

Rescission of the Antidumping Duty New Shipper Review of Puyang 
Cleanway

    In the Initiation Notice, the Department extended the POR to allow 
Puyang Cleanway to complete entry of its sale of subject merchandise. 
The Department stated in the Initiation Notice that, if this sale had 
not yet entered by February 29, 2012, the Department intended to 
rescind this NSR. The Department contacted Puyang Cleanway's counsel 
regarding this entry and received no indication that the

[[Page 19645]]

shipment had entered the country. See Memorandum to the File, 
``Information Regarding Entries of Subject Merchandise During the 
Period of Review,'' March 16, 2012. Entry data requested from U.S. 
Customs and Border Protection (CBP) does not indicate that this 
shipment has entered the country. Id. Because Puyang Cleanway has not 
demonstrated that this sale has entered the United States, there is no 
basis for conducting an NSR since there must be a suspended entry in 
order for the Department to conduct the review. Therefore, we are 
rescinding the NSR of Puyang Cleanway.

Assessment Rates

    Any entries of exports made by Puyang Cleanway will be subject to 
the PRC-wide rate. The Department is currently conducting an 
administrative review for the POR, June 1, 2010, through May 31, 2011, 
in which the PRC-wide rate is under review. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews, Request for 
Revocations in Part and Deferral of Administrative Reviews, 76 FR 45227 
(July 28, 2011). We will instruct CBP to assess antidumping duties on 
entries exported by Puyang Cleanway at the appropriate PRC-wide rate 
determined in the 2010-2011 administrative review. Because there were 
no suspended entries at the time of initiation, no bonding option 
instructions were sent to CBP at the initiation of this NSR; therefore 
the Department does not need to issue instructions to CBP no longer 
allowing posting a bond in lieu of cash-deposit, as is typically done 
when an NSR is rescinded.

Notification Regarding Administrative Protective Orders

    This notice is the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the 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 Importers

    This notice 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 the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are publishing this determination and notice in accordance with 
sections 751(a)(2)(B) and 777(i) of the Act and 19 CFR 351.214(f)(3).

     March 26, 2012.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2012-7843 Filed 3-30-12; 8:45 am]
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