[Federal Register Volume 80, Number 18 (Wednesday, January 28, 2015)]
[Notices]
[Pages 4539-4541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01604]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


Chlorinated Isocyanurates From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, Department of Commerce.
SUMMARY: On July 25, 2014, the Department of Commerce (the Department) 
published its Preliminary Results of the administrative review of the 
antidumping duty order on chlorinated isocyanurates (chloro isos) from 
the People's Republic of China (PRC).\1\ The period of review (POR) is 
June 1, 2012, through May 31, 2013. This review covers five producers/
exporters: (1) Arch Chemicals (China) Co. Ltd. (Arch China); (2) Hebei 
Jiheng Chemical Co., Ltd.(Jiheng); (3) Heze Huayi Chemical Co. Ltd. 
(Heze); (4) Juancheng Kangtai Chemical Co., Ltd. (Kangtai); and (5) 
Zhucheng Taisheng Chemical Co., Ltd. (Zhucheng). Jiheng and Kangtai are 
the two producers/exporters being individually examined as mandatory 
respondents. We invited parties to comment on our Preliminary Results. 
Based on our analysis of the comments received, we made certain changes 
to our margin calculations for Jiheng and Kangtai. The final dumping 
margins for this review are listed in the ``Final Results'' section 
below.
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    \1\ See Chlorinated Isocyanurates From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review; 2012-2013, 79 FR 43391 (July 25, 2014) (Preliminary 
Results).

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DATES: Effective Date: January 28, 2015.

FOR FURTHER INFORMATION CONTACT: Sean Cary, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-3964 or (202) 482-0176, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 25, 2014, the Department published its Preliminary Results. 
On July 30, 2014, the Department extended the deadline for the filing 
of case and rebuttal briefs.\2\ On September 8 and 9,

[[Page 4540]]

2014, Clearon Corporation and Occidental Chemical Corporation 
(collectively, Petitioners), Jiheng, and Kangtai each submitted a case 
brief.\3\ On September 18 and 19, 2014, Petitioners, Jiheng, and 
Kangtai each submitted a rebuttal brief.\4\
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    \2\ See Memorandum to the File, ``2012-2013 Administrative 
Review of the Antidumping Duty Order on Chlorinated Isocyanurates 
From the People's Republic of China: Phone Call with Counsel for 
Kangtai,'' (July 30, 2014), denying Kangtai's request for an 
additional questionnaire and directing interested parties to address 
this issue in their briefs.
    \3\ See ``Eighth Administrative Review of the Antidumping Order 
on Chlorinated Isocyanurates From the People's Republic of China: 
Case Brief of Clearon Corp. and Occidental Chemical Corporation,'' 
(September 8, 2014) (Petitioners' Case Brief); ``Chlorinated 
Isocyanurates From the People's Republic of China (8th 
Administrative Review): Case Brief,'' (September 8, 2014) (Jiheng's 
Case Brief); and, ``Certain Chlorinated Isocyanurates From the 
People's Republic of China Case Brief,'' (September 9, 
2014)(Kangtai's Case Brief).
    \4\ See ``Rebuttal Brief in the Administrative Review on 
Chlorinated Isocyanurates From the People's Republic of China,'' 
(September 18, 2014)(Petitioners' Rebuttal Brief); ``Chlorinated 
Isocyanurates From the People's Republic of China (8th 
Administrative Review): Rebuttal Brief,'' (September 17, 
2014)(Jiheng's Rebuttal Brief); and, ``Chlorinated Isocyanurates 
From the People's Republic of China Rebuttal Brief,'' (September 17, 
2014)(Kangtai's Rebuttal Brief).
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    On August 25, 2014, Kangtai submitted a hearing request to address 
issues raised in their case and rebuttal briefs. On October 16, 2014, 
the Department extended the deadline for the final results in this 
administrative review until December 22, 2014.\5\ On December 8, 2014, 
we fully extended the deadline for these final results until January 
21, 2015.\6\ We held a public hearing on December 4, 2014.\7\
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    \5\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Chlorinated Isocyanurates From the People's Republic of China: 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' (October 16, 2014).
    \6\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Chlorinated Isocyanurates From the People's Republic of China: 
Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review,'' (December 8, 2014).
    \7\ See Hearing Transcript, ``Public Hearing in the Matter of: 
Administrative Review Under the Antidumping Duty Order on 
Chlorinated Isocyanurates From the People's Republic of China,'' 
(December 15, 2014).
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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. 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.\8\
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    \8\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, ``Decision Memorandum for the Final 
Results of Antidumping Duty Administrative Review: Chlorinated 
Isocyanurates From the People's Republic of China; 2012-2013,'' 
issued concurrently with this notice (Issues and Decision 
Memorandum) for a complete description of the scope of the Order.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum, 
which is hereby adopted by this notice. A list of the issues that 
parties raised and to which we responded in the Issues and Decision 
Memorandum follows as an 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'').\9\ ACCESS is 
available to registered users at http://access.trade.gov and to all 
parties in the Central Records Unit, room 7046 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the Internet at http://trade.gov/enforcement/frn/index.html. The paper copy and electronic 
version of the Issues and Decision Memorandum are identical in content.
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    \9\ On November 24, 2014, Enforcement and Compliance changed the 
name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (``ACCESS''). The Web site location was 
changed from http://iaaccess.trade.gov to http://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we have made 
revisions to the margin calculations for Jiheng and Kangtai.\10\
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    \10\ See Issues and Decision Memorandum.
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Separate Rates

    In our Preliminary Results, we determined that Arch China, Heze, 
and Zhucheng each demonstrated their eligibility for separate rates 
status.\11\ We have not received any information since the issuance of 
the Preliminary Results that provides a basis for reconsideration of 
this determination. Therefore, the Department continues to find that 
Arch China, Heze, and Zhucheng are each eligible for separate rate 
status.
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    \11\ See Memorandum to Paul Piquado, Assistant Secretary for 
Import Administration, ``Decision Memorandum for the Preliminary 
Results of the 2011-2012 Antidumping Duty Administrative Review: 
Chlorinated Isocyanurates From the People's Republic of China,'' 
(July 17, 2014) at 3-6.
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Final Results

    We determine that the following weighted-average dumping margins 
exist for the POR:

------------------------------------------------------------------------
                                                      Weighted-average
                     Exporter                          dumping margin
                                                        (percentage)
------------------------------------------------------------------------
Arch Chemicals (China) Co. Ltd.*..................                 53.15
Hebei Jiheng Chemical Co., Ltd....................                  0.00
Juancheng Kangtai Chemical Co., Ltd...............                  0.00
Heze Huayi Chemical Co. Ltd.*.....................                 53.15
Zhucheng Taisheng Chemical Co., Ltd.*.............                 53.15
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* For these final results, we determine that the application of the
  separate rate from the Seventh Review to the non-examined separate
  rate respondents is consistent with our past practice and a reasonable
  method to determine the separate rate in the instant review because
  both of our mandatory respondents received zero margins and none of
  the separate rate companies has its own calculated rate from the
  segment immediately prior to the instant segment. Pursuant to this
  method, we are assigning the rate of 53.15 percent to the non-examined
  separate rate respondents in the instant review.\12\

Assessment Rates
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    \12\ See Chlorinated Isocyanurates from the People's Republic of 
China; 2011-2012; Final Results of Antidumping Duty Administrative 
Review, 79 FR 4875, 4876 (January 30, 2014) (Seventh Review).
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    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review. The Department intends to issue 
assessment instructions to CBP 15 days after the publication date of 
these final results of this review. 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), the Department 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.\13\ 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

[[Page 4541]]

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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    \13\ 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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    The Department announced a refinement to its assessment practice in 
non-market economy (NME) cases. Pursuant to this refinement in 
practice, for entries that were not reported in the U.S. sales 
databases submitted by companies individually examined during this 
review, the Department will instruct CBP to liquidate such entries at 
the NME-wide rate. In addition, if the Department determines that an 
exporter under review had no shipments of the subject merchandise, any 
suspended entries that entered under that exporter's case number (i.e., 
at that exporter's rate) will be liquidated at the NME-wide rate. For a 
full discussion of this practice, see Assessment in NME Antidumping 
Proceedings.\14\
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    \14\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment in 
NME Antidumping Proceedings).
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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 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended 
(the Act): (1) For the exporter's 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 PRC and non-PRC exporters not listed above that have separate 
rates, the cash deposit rate will continue to be the existing producer/
exporter-specific rate published for the most recent period; (3) for 
all PRC 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; \15\ and (4) for all non-PRC exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporter(s) that 
supplied that non-PRC exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \15\ For an explanation on the derivation of the PRC-wide rate, 
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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Disclosure

    We will disclose the calculations performed regarding these final 
results within five days of the date of publication of this notice in 
this proceeding in accordance with 19 CFR 351.224(b).

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) 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 has occurred and that subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 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 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.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: January 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum


Comment 1: Selection of Surrogate Country
Comment 2: Surrogate Value Selection
    A. Chlorine
    B. Hydrogen
    C. Financial Ratios
Comment 3: Whether the Department Is Authorized by Law To Apply the 
Alternative Methodology Under Section 777A(d)(1)(B) of the Act to 
Annual Reviews
Comment 4: Methodological Issues
    A. Value-Added Tax (VAT) Adjustment for Kangtai's and Jiheng's 
U.S. Sales
    B. Downstream By-Product Offset for Ammonium Sulfate
    C. Recalculating Jiheng's Hydrogen By-Product Offset
    D. Calculation of Jiheng's Electricity Rates
Comment 5: Ministerial Errors
    A. Double-Counting of Chlorine Input
    B. Calculation of Jiheng's Market Economy Brokerage and Handling 
Charges
    C. Double-Counting of Jiheng's Market Economy Brokerage and 
Handling Charges in Both Domestic and International Movement 
Expenses

[FR Doc. 2015-01604 Filed 1-27-15; 8:45 am]
BILLING CODE 3510-DS-P