[Federal Register Volume 72, Number 220 (Thursday, November 15, 2007)]
[Notices]
[Pages 64194-64196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5700]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-814]


Chlorinated Isocyanurates From Spain: Final Results of 
Antidumping Duty Administrative Review

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

SUMMARY: The Department of Commerce (``Department'' published its 
preliminary results of the administrative review of the antidumping 
duty order on chlorinated isocyanurates (``chlorinated isos'') from 
Spain on July 9, 2007. See Chlorinated Isocyanurates from Spain: 
Preliminary Results of Antidumping Duty Administrative Review, 72 FR 
37189 (July 9, 2007) (``Preliminary Results''). The period of review 
(``POR'') is December 20, 2004, through May 31, 2006. We invited 
interested parties to comment on our Preliminary Results. Based on our 
analysis of the comments received, we have made changes to our 
calculations. The final dumping margins from this review are listed in 
the ``Final Results of Review'' section below.

EFFECTIVE DATE: November 15, 2007.

FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, 
Office 4, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone (202) 482-3936.

SUPPLEMENTARY INFORMATION: On June 24, 2005, the Department published 
in the Federal Register an antidumping duty order on chlorinated isos 
from Spain. See Chlorinated Isocyanurates from Spain: Notice of 
Antidumping Duty Order, 70 FR 36502 (June 24, 2005) (``Chlorinated Isos 
Order''). On July 27, 2006, the Department published in the

[[Page 64195]]

Federal Register a notice of the initiation of the antidumping duty 
administration review of chlorinated isos from Spain for the period 
December 20, 2004, through May 31, 2006. See Initiation of Antidumping 
and Countervailing Duty Administrative Reviews and Request for 
Revocation in Part, 71 FR 42626 (July 27, 2006).
    The Department published the preliminary results of these reviews 
on July 9, 2007. See Preliminary Results. We invited parties to comment 
on our preliminary results of review. See Preliminary Results, 72 FR at 
37194. The respondent Aragonesas Industrias y Energ[iacute]a S.A. 
(``Aragonesas'') and the petitioners, Biolab, Inc., Clearon Corporation 
and Occidental Chemical Corporation (collectively, ``the 
petitioners''), submitted case briefs on August 8, 2007. Aragonesas and 
the petitioners submitted rebuttal briefs on August 22, 2007. On 
September 25, 2007, the Department held both a public session and a 
closed session hearing concerning these issues raised by the parties in 
their briefs.

Scope of Antidumping Duty Order

    The products covered by this order are chlorinated isos. 
Chlorinated isos are derivatives of cyanuric acid, described as 
chlorinated s-triazine triones. There are three primary chemical 
compositions of chlorinated isos: (1) trichloroisocyanuric acid 
(C13(NCO)3); (2) sodium dichloroisocyanurate (dihydrate) (NaC12(NCO)3 
2H20); and (3) sodium dichloroisocyanurate (anhydrous) (NaC12(NCO)3). 
Chlorinated isos are available in powder, granular, and tableted forms. 
This order covers all chlorinated isos.
    Chlorinated isos are currently classifiable under subheadings 
2933.69.6015, 2933.69.6021, and 2933.69.6050 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 infused triazine ring. Although the HTSUS subheadings are provided 
for convenience and customers purposes, and written description of the 
scope of this order is dispositive.

Analysis of Comments Received

    All issues raised in the briefs and rebuttal briefs submitted by 
the parties in these reviews are addressed in the Issues and Decision 
Memorandum, which is hereby adopted by this notice. A list of the 
issues which parties raised and to which we responded in the Issues and 
Decision Memorandum is attached to this notice as an appendix. The 
Issues and Decision Memorandum is a public document which is on file in 
the Central Records Unit in room B-099 in the main Department building, 
and is accessible on the Web at http://www.ia.ita.doc.gov/frn. The 
paper copy and electronic version of the memorandum are identical in 
content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made changes in 
the margin calculation for Aragonesas. For a list of these changes, see 
Issues and Decision Memorandum, at the section titled ``Changes in the 
Margin Calculation Since the Preliminary Results.''

Final Results of Review

    We determine that the following percentage margin exists for the 
period December 20, 2004, through May 31, 2006:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Manufacturer/exporter                       margin
                                                           (percentage)
------------------------------------------------------------------------
Aragonesas Industrias y Energ[iacute]a S.A..............            2.35
------------------------------------------------------------------------

Assessment

    The Department shall determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries, in accordance with 19 CFR 351.212(b). In 
accordance with 19 CFR 351.212(b)(1), we calculated importer-specific 
ad valorem duty assessment rates based on the ratio of the total amount 
of antidumping duties calculated for the examined sales to each 
importer, to the total entered value of the examined sales for that 
importer. Where the importer-specific assessment rate is above de 
minimis (i.e., 0.50 percent or greater), we will instruct CBP to assess 
the importer-specific rate uniformly, as appropriate, on all entries of 
subject merchandise during the POR that were entered by the importer. 
The Department will issue instructions to CBP 15 days after the date of 
publication of these final results of review directing CBP to assess 
the final assessment rates (if above de minimis) uniformly on all 
entries of subject merchandise made by the relevant importer during the 
POR. Pursuant to 19 CFR 351.106(c)(2), the Department will instruct CBP 
to liquidate without regard to antidumping duties any entries for which 
the assessment rate is de minimis (i.e., less than 0.50 percent).
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(``Assessment Policy Notice''). This clarification will apply to 
entries of subject merchandise during the POR produced by the company 
included in these final results of review for which the reviewed 
company did not know that the merchandise it sold to the intermediary 
(e.g., a reseller, trading company, or exporter) was destined for the 
United States. In such instances, we will instruct CBP to liquidate 
unreviewed entries at the ``All Others'' rate if there is no rate for 
the intermediary involved in the transaction. See Assessment Policy 
Notice for a full discussion of this clarification.

Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of chlorinated isos from Spain entered, or withdrawn from 
warehouse, for consumption, effective on or after the publication date 
of the final results of this administrative review, as provided for by 
section 751(a)(1) of the Act: (1) The cash deposit rate for the 
reviewed company, Aragonesas, will be the rate shown above; (2) for 
previously reviewed or investigated companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) if the exporter is not a firm 
covered in this review, or the original investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and (4) 
the cash deposit rate for all other manufacturers or exporters will be 
24.83 percent, the ``All Others'' rate made effective by the original 
investigation. See Chlorinated Isos Order. These deposit requirements 
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 review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent

[[Page 64196]]

assessment of double antidumping duties.

Notification to Interested Parties

    This notice serves as the only 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 written 
notification of return/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 final results of review in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 6, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.

Appendix

    Comment 1: Whether the Department Should Grant a Level of Trade 
Adjustment.
    A. Whether Certain Sales to Industrial Customers Should Be 
Reclassified as Sales in the Retail Channel of Distribution Due to 
Product Characteristics.
    B. Whether Evidence on the Record Supports Aragonesas' Reported 
Selling Activity Intensity.
    Comment 2: Whether the Department Should Exclude Sales for Which 
Aragonesas Reported No Freight Expenses in Calculating the Average 
Rate by Which Aragonesas Over-reported Home Market Inland Freight.
    Comment 3: Whether the Department Should Apply the Major Input 
Rule for Valuing Caustic Soda and Chlorine Inputs.
    Comment 4: Whether the Tableting and Packaging Services Supplier 
Is Affiliated With Aragonesas.
    Comment 5: Whether the Department Should Adjust Aragonesas' G&A 
Expenses.
    Comment 6: Whether the Department Should Adjust Aragonesas' Cost 
of Production To Account for Costs That Were Unreconciled After 
Verification.
    Comment 7: Whether the Department Should Deduct Unsubstantiated 
Interest Income From Aragonesas' Financial Expense Ratio 
Calculation.
    Comment 8: Whether the Department Should Adjust the Reported 
Costs for CONNUM 1111.
    Comment 9: Whether the Department Should Refrain From Zeroing 
Negative Margins.

[FR Doc. 07-5700 Filed 11-14-07; 8:45 am]
BILLING CODE 3510-DS-M