21964 Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices 

1See Chlorinated Isocyanurates from the People’s 

Republic of China: Preliminary Rescission of 

Antidumping Duty New Shipper Review, 76 FR 

70705 (November 15, 2011) (Preliminary Results). 

2Petitioners filed an extension request for filing 

their rebuttal brief until December 22, 2011, and the 

Department granted the extension request. 

3See Chlorinated Isocyanurates From the 

People’s Republic of China: Extension of Time Limit 

for Final Results of Antidumping Duty New Shipper 

Review, 77 FR 4990 (February 1, 2012). 

4See Hiep Thanh Seafood Joint Stock Co. v. 

United States, Consol. Court No. 09–00270, Slip 

Op. 12–19 (February 15, 2012). 

5See Certain Frozen Fish Fillets from the Socialist 

Republic of Vietnam: Final Results of the Third 

New Shipper Reviews, 74 FR 29473 (June 22, 2009), 

and Certain Frozen Fish Fillets from the Socialist 

Republic of Vietnam: Amended Final Results of 

New Shipper Review 74 FR 37188 (July 28, 2009). 

Register as the effective date of this 

determination. 

Instructions to U.S. Customs and 

Border Protection 

We will instruct U.S. Customs and 

Border Protection to apply the cashdeposit rate in effect for AMSB to all 

entries of the subject merchandise from 

Aperam that were entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of these final results of the 

changed circumstances review. 

Notifications 

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 

Department’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of doubled antidumping duties. 

This notice also serves as a 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 

notification of the 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 

results and notice in accordance with 

sections 751(b)(1) and 777(i)(1) and (2) 

of the Tariff Act of 1930, as amended, 

and 19 CFR 351.216(e). 

Dated: April 4, 2012. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

Appendix I 

List of Comments in the Issues and Decision 

Memorandum 

Comment 1: Retroactive Application of the 

Final Results 

[FR Doc. 2012–8864 Filed 4–11–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–898] 

Chlorinated Isocyanurates From the 

People’s Republic of China: Final 

Results of Antidumping Duty New 

Shipper Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On November 15, 2011, the 

Department of Commerce (the 

Department) published in the Federal 

Register the preliminary rescission of 

the antidumping duty new shipper 

review (NSR) of chlorinated 

isocyanurates from the People’s 

Republic of China (PRC) for Heze Huayi 

Chemical Co. Ltd. (Heze Huayi).1 We 

gave interested parties an opportunity to 

comment on the preliminary rescission. 

Based on our analysis of the comments 

received, we now are assigning Heze 

Huayi its own rate for these final results. 

See ‘‘Final Results of Review’’ section 

below. 

DATES: Effective April 12, 2012. 

FOR FURTHER INFORMATION CONTACT: Jun 

Jack Zhao, 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) 482–1396. 

SUPPLEMENTARY INFORMATION: We 

preliminarily rescinded the NSR for 

Heze Huayi on November 15, 2011. See 

Preliminary Results. In the preliminary 

rescission notice, the Department stated 

that interested parties were to submit 

case briefs within 30 days of publication 

of the Preliminary Results and rebuttal 

briefs within five days after the due date 

for filing case briefs. We received a case 

brief from Heze Huayi on December 16, 

2011; we received a rebuttal brief from 

the Clearon Corp. and Occidental 

Chemical Corporation (collectively, 

Petitioners) on December 22, 2011.2 On 

December 15, 2011, we received a 

hearing request from Heze Huayi, 

pursuant to 19 CFR 351.310(c). Also on 

December 15, 2011, Petitioners filed a 

request to participate in a hearing 

should one be requested by another 

party. On January 18, 2012, we 

conducted a closed session hearing 

concerning Heze Huayi’s unreported 

sales that led to the Department’s 

preliminary rescission of the NSR. On 

February 1, 2012, the Department 

extended the time limit for the final 

results of the NSR.3 On February 22, 

2012, Heze Huayi submitted a ‘‘Notice 

of New Authority’’ following the U.S. 

Court of International Trade (CIT) 

opinion 4 concerning the final results of 

the third NSR of the antidumping duty 

order of certain frozen fish fillets from 

the Socialist Republic of Vietnam,5

Petitioners filed a rebuttal response to 

the ‘‘Notice of New Authority’’ 

submission on February 29, 2012. 

Period of Review 

Pursuant to 19 CFR 351.214(g), the 

period of review (POR) for this NSR is 

June 1, 2010, through December 31, 

2010. 

Scope of the Order 

The products covered by the order are 

chlorinated isocyanurates, which 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, 

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 isocyanurates 

and other compounds including an 

unfused triazine ring. Although the 

HTSUS subheadings are provided for 

convenience and customs purposes, the 

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Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices 21965 

6See Chlorinated Isocyanurates from the People’s 

Republic of China: Final Results of 2008–2009 

Antidumping Duty Administrative Review, 75 FR 

70212 (November 17, 2010). 

7See id. 

8See Tapered Roller Bearings and Parts Thereof, 

Finished and Unfinished, From Japan, and Tapered 

Roller Bearings, Four Inches or Less in Outside 

Diameter, and Components Thereof, From Japan: 

Preliminary Results of Antidumping Duty 

Administrative Reviews and Partial Termination of 

Administrative Reviews, 61 FR 57391, 57392 

(November 6, 1996), unchanged in Tapered Roller 

Bearings and Parts Thereof, Finished and 

Unfinished, From Japan, and Tapered Roller 

Bearings, Four Inches or Less in Outside Diameter, 

and Components Thereof, From Japan: Final 

Results of Antidumping Duty Administrative 

Reviews and Termination in Part, 62 FR 11825 

(March 13, 1997). 

written description of the scope of the 

order is dispositive. 

Use of Facts Otherwise Available 

Section 776(a) of Tariff Act of 1930, 

as amended (the Act) provides that the 

Department shall apply ‘‘facts otherwise 

available’’ (FA) if, inter alia, necessary 

information is not on the record. 

Because we do not have complete sales 

and factors of production information 

for certain U.S. sales, the Department 

has based the antidumping duty margin 

for Heze Huayi on FA. While section 

776(b) of the Act provides for the use of 

an adverse inference in applying FA in 

certain circumstances, the Department 

has determined that no such 

circumstances are at issue here that 

would warrant the use of an adverse 

inference. Therefore, as FA, we are 

applying the rate of 2.66 percent, which 

is the rate applied to Hebei Jiheng 

Chemical Company, Ltd. in the most 

recently completed administrative 

review.6 For a complete discussion, see 

Memorandum to Paul Piquado, 

Assistant Secretary for Import 

Administration, ‘‘Issues and Decision 

Memorandum for the Final Results of 

the New Shipper Review of Chlorinated 

Isocyanurates from the People’s 

Republic of China: Heze Huayi 

Chemical Co., Ltd.,’’ (Decision 

Memorandum), dated concurrently 

with, and hereby adopted by, this 

notice. A list of the issues addressed in 

the Decision Memorandum is appended 

to this notice. The Decision 

Memorandum is on file electronically 

via Import Administration’s 

Antidumping and Countervailing Duty 

Centralized Electronic Services System 

(IA ACCESS). IA ACCESS is available in 

the Central Records Unit, room 7046 of 

the main Commerce building. In 

addition, a complete version of the 

Decision Memorandum is accessible on 

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

signed Decision Memorandum and the 

electronic versions of the Decision 

Memorandum are identical in content. 

When the Department relies on 

secondary information rather than on 

information obtained in the course of an 

investigation or review, section 776(c) of 

the Act provides that, to the extent 

practicable, the Department shall 

corroborate that information from 

independent sources that are reasonably 

at its disposal. Secondary information is 

defined as information derived from the 

petition, the final determination 

concerning the subject merchandise, or 

any previous review under section 751 

of the Act concerning the subject 

merchandise. To corroborate means that 

the Department will satisfy itself that 

the secondary information to be used 

has probative value.7 To corroborate 

secondary information, the Department 

will, to the extent practicable, examine 

the reliability and relevance of the 

information to be used.8

The FA rate of 2.66 percent selected 

for Heze Huayi is based on information 

submitted in a previous segment of this 

proceeding, the 2008–2009 

administrative review. It is a calculated 

rate based solely on the questionnaire 

responses of the mandatory respondent 

in that review from the immediately 

preceding review period. Given that this 

rate is based on recent information 

submitted by a cooperative respondent 

producer of the subject merchandise 

under this same order, we find that the 

rate is reliable and relevant for use in 

this administrative review. Therefore, it 

has probative value for use as FA. As 

such, the Department finds this rate to 

be corroborated to the extent 

practicable, consistent with section 

776(c) of the Act. 

Changes Since the Preliminary Results 

Based on our analysis of all of the 

comments and information on the 

record, the Department has decided not 

to maintain its preliminary rescission 

results for these final results. In the 

Preliminary Results, the Department 

found that Heze Huayi failed to report 

its first sale to the United States which 

it was required to report pursuant to 19 

CFR 351.214(b)(2). For these final 

results, the Department determines that 

Heze Huayi could have reasonably 

concluded that it was not required to 

report this sale. Accordingly, the 

Department is not rescinding this 

review but, instead, assigning Heze 

Huayi a dumping margin. Because the 

Department does not have the necessary 

factors of production data for all sales, 

we are instead assigning Heze Huayi, 

based on FA pursuant to section 776 of 

the Act, the most recently calculated 

weighted-average margin for a review 

under this order, 2.66 percent. A full 

discussion of this decision is set forth in 

the Decision Memorandum, referred to 

above. 

Final Results of Review 

As a result of our review, we 

determine the following antidumping 

margin exists for the period June 1, 

2010, through December 31, 2010. 

Manufacturer/Exporter 

Weightedaverage 

margin 

(percent) 

Heze Huayi Chemical Co. Ltd. ... 2.66 

Assessment Rates 

Pursuant to section 751(a)(2)(A) of the 

Act, and 19 CFR 351.212(b), the 

Department will determine, 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 NSR. The 

Department will direct CBP to assess 

importer-specific assessment rates based 

on the ad valorem rate on each entry of 

the subject merchandise during the 

POR. The Department intends to issue 

assessment instructions directly to CBP 

15 days after the publication of this 

notice. 

Cash Deposit Requirements 

Effective upon publication of the final 

results of the NSR, we will instruct CBP 

to discontinue the option of posting a 

bond or security in lieu of a cash 

deposit for entries of subject 

merchandise exported by Heze Huayi. 

The following cash deposit 

requirements will be effective for all 

shipments of subject merchandise by 

Heze Huayi, entered, or withdrawn from 

warehouse, for consumption on or after 

the publication date, as provided by 

section 751(a)(2)(C) of Act: (1) For 

subject merchandise produced and 

exported by Heze Huayi, the cash 

deposit rate will be the percent listed 

above, or the equivalent per-unit rate; 

(2) for subject merchandise exported by 

Heze Huayi, but not manufactured by 

Heze Huayi, the cash deposit rate will 

continue to be the PRC-wide rate of 

285.63 percent; and (3) for subject 

merchandise manufactured by Heze 

Huayi, but exported by any party other 

than Heze Huayi, the cash deposit rate 

will be the rate applicable to the 

exporter. These cash deposit 

requirements will remain in effect until 

further notice. 

mstockstill on DSK4VPTVN1PROD with NOTICES

21966 Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices 

1See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews and 

Revocation in Part, 76 FR 53404 (August 26, 2011) 

(‘‘Initiation’’). 

2See e.g., Chrome-Plated Lug Nuts From the 

People’s Republic of China; Final Results of 

Antidumping Administrative Review, 60 FR 48687 

(September 20, 1995) and Certain Frozen Fish 

Fillets From the Socialist Republic of Vietnam: 

Final Results and Partial Rescission of the Seventh 

Antidumping Duty Administrative Review, 77 FR 

15039 (March 14, 2012). 

3See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

To Request Administrative Review, 76 FR 38609 

(July 1, 2011). 

4See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews and 

Requests for Revocation in Part, 76 FR 53404 

(August 26, 2011) (‘‘Initiation’’). The Initiation 

covered the following companies: (1) Pingdingshan 

Coal Group Kaifeng Xinghua Fine Chemical Plant 

(‘‘Fine Chemical’’); (2) Tianjin Changjie Chemical 

Co., Ltd. (‘‘Changjie Chemical’’); (3) Tianjin North 

Food Co., Ltd. (‘‘North Food’’); (4) Hangzhou 

Embaiking Pharmaceutical Corp. Ltd. (‘‘Embaiking 

Pharmaceutical’’); (5) Escalade Ltd./Escalade Israel 

Ltd. (‘‘Escalade’’); (6) The High Trans Corporation 

(‘‘High Trans Corporation’’); (7) The Seicheng 

Chemical Company (aka Sei Cheng) (‘‘Seicheng 

Chemical’’); (8) Yuan Shan Co. Ltd. (‘‘Yuan Shan’’); 

(9) Sin-Ho Trading Co. Ltd. (aka Xin He) (‘‘Sin-Ho 

Trading’’); (10) Long Hwang Chemicals Co. Ltd. (aka 

Lung Huang Trading) (‘‘Long Hwang Chemicals’’); 

(11) Sun Disc Company, Ltd. (‘‘Sun Disc’’); and (12) 

Kingchem. 

5See Memorandum to the File, ‘‘Saccharin from 

the People’s Republic of China: Release of U.S. 

Entry Documents from the Department’s August 25, 

2011 Request—A–570–878,’’ (‘‘Release of Entry 

Data’’) dated October 25, 2011. 

6The Department’s no-shipment inquiry is 

located on the CBP Web site under message number 

1355309, dated December 21, 2011. See http:// 

addcvd.cbp.gov. 

Notification to Importers 

This notice also serves as a final 

reminder to importers of their 

responsibility under 19 CFR 351.402(f) 

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 the Department’s presumption 

that reimbursement of antidumping 

duties occurred and the subsequent 

assessment of double antidumping 

duties. 

Administrative Protective Orders 

This notice also serves as a reminder 

to parties subject to 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, 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 

which is subject to sanction. 

These final results and this notice are 

issued and published in accordance 

with sections 751(a)(2)(B) and 777(i)(1) 

of the Act. 

Dated: April 5, 2012. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

Appendix 

Issues in the Decision Memorandum 

Comment 1: Whether the Department’s 

Preliminary Determination to Rescind the 

New Shipper Review Was Correct 

Comment 2: Whether the Department 

Properly Analyzed Heze Huayi’s 

Unreported Sales 

Comment 3: Whether Heze Huayi’s Final 

Antidumping Duty Rate Should Be the 

PRC-entity Rate 

[FR Doc. 2012–8865 Filed 4–11–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–878] 

Saccharin From the People’s Republic 

of China: Preliminary Results of 

Antidumping Duty Administrative 

Review and Intent To Rescind in Part 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: April 12, 2012. 

SUMMARY: The U.S. Department of 

Commerce (‘‘the Department’’) is 

conducting an administrative review of 

the antidumping duty order on 

saccharin from the People’s Republic of 

China (‘‘PRC’’) for the period of review 

(‘‘POR’’) July 1, 2010, through June 30, 

2011, covering 12 manufacturers/ 

exporters of subject merchandise from 

the PRC.1 The Department intends to 

rescind the review with respect to 

Kingchem LLC (‘‘Kingchem’’), for which 

the request for review was timely 

withdrawn. The Department 

preliminarily finds that, because none of 

the companies located in the PRC 

established eligibility for a separate rate, 

they will be treated as part of the PRCwide entity. The Department also finds 

that the third-country exporters, because 

they do not have individual exporter 

rates, will continue to be subject to the 

cash deposit and assessment rates 

applicable to their PRC suppliers, in 

accordance with the Department’s 

longstanding practice.2

We intend to issue the final results no 

later than 120 days from the date of 

publication of this notice, pursuant to 

section 751(a)(3)(A) of the Tariff Act of 

1930, as amended (‘‘the Act’’). 

FOR FURTHER INFORMATION CONTACT: Paul 

Stolz, 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) 482–4474. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 1, 2011, the Department 

published in the Federal Register a 

notice of opportunity to request an 

administrative review of the 

antidumping duty order on saccharin 

from the PRC for the period July 1, 2010 

through June 30, 2011.3 On July 28, 

2011, the Department received a timely 

request from Kinetic Industries 

(‘‘Kinetic’’), in accordance with 19 CFR 

351.213(b), for an administrative review 

of this order. Kinetic submitted a second 

timely request on July 29, 2011, naming 

a twelfth respondent. On August 26, 

2011, in accordance with section 751(a) 

of the Tariff Act of 1930, as amended 

(‘‘the Act’’), the Department published 

in the Federal Register the initiation 

notice of this antidumping duty 

administrative review with respect to 

the 12 companies covered by Kinetic’s 

requests for review.4 On October 25, 

2011, the Department placed on the 

record U.S. Customs and Border 

Protection (‘‘CBP’’) import data which 

indicates that none of the companies 

named in the Initiation had suspended 

entries of subject merchandise into the 

United States during the POR.5

The Department invited comments 

regarding the CBP data and respondent 

selection but received none. In addition, 

the Department issued a no-shipment 

inquiry to CBP on December 21, 2011, 

covering the companies located in the 

PRC and the third-country exporters 

(except Kingchem).6 The inquiry 

requested CBP to report any evidence of 

shipments during the POR by these 

companies but did not request a 

response if no such evidence exists. The 

Department did not receive a response 

from CBP. 

Scope of the Order 

The product covered by this 

antidumping duty order is saccharin. 

Saccharin is defined as a non-nutritive 

sweetener used in beverages and foods, 

personal care products such as 

toothpaste, table top sweeteners, and 

animal feeds. It is also used in 

metalworking fluids. There are four 

primary chemical compositions of 

saccharin: (1) Sodium saccharin 

(American Chemical Society Chemical 

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