64194 Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Notices 

Treaty Doc. 103–21 defined the term 

‘‘protective purposes’’ to mean ‘‘used for 

determining the adequacy of defense 

equipment and measures.’’ Consistent 

with this definition, U.S. 

implementation, as authorized via 

Presidential Decision Directive (PDD) 

70, December 17, 1999, assigned the 

responsibility to operate these two 

facilities to the Department of Defense 

(DOD), thereby precluding commercial 

production of Schedule 1 chemicals for 

protective purposes in the United 

States. This action did not establish any 

limitations on ‘‘Schedule 1’’ chemical 

activities that are not prohibited by the 

CWC. However, the Department of 

Defense maintains strict controls on 

‘‘Schedule 1’’ chemicals produced at its 

facilities in order to ensure the 

accountability and proper use of such 

chemicals, consistent with the object 

and purpose of the Convention. 

The provisions of the CWC that affect 

commercial activities involving 

‘‘Schedule 1’’ chemicals are 

implemented in the CWCR (see 15 CFR 

part 712) and in the Export 

Administration Regulations (EAR) (see 

15 CFR 742.18 and 15 CFR part 745), 

both of which are administered by the 

Bureau of Industry and Security (BIS). 

Pursuant to CWC requirements, the 

CWCR restrict commercial production 

of Schedule 1 chemicals to research, 

medical, or pharmaceutical purposes. 

The CWCR also contain other 

requirements and prohibitions that 

apply to ‘‘Schedule 1’’ chemicals and/or 

‘‘Schedule 1’’ facilities. Specifically, the 

CWCR: 

(1) Prohibit the import of ‘‘Schedule 

1’’ chemicals from States not Party to 

the Convention (15 CFR 712.2(b)); 

(2) Require annual declarations by 

certain facilities engaged in the 

production of ‘‘Schedule 1’’ chemicals 

in excess of 100 grams aggregate per 

calendar year (i.e., declared ‘‘Schedule 

1’’ facilities) for purposes not prohibited 

by the Convention (15 CFR 712.5(a)(1) 

and (a)(2)); 

(3) Require government approval of 

‘‘declared Schedule 1’’ facilities (15 CFR 

712.5(f)); 

(4) Provide that ‘‘declared Schedule 

1’’ facilities are subject to initial and 

routine inspection by the Organization 

for the Prohibition of Chemical 

Weapons (15 CFR 712.5(e) and 

716.1(b)(1)); 

(5) Require 200 days advance 

notification of establishment of new 

‘‘Schedule 1’’ production facilities 

producing greater than 100 grams 

aggregate of ‘‘Schedule 1’’ chemicals per 

calendar year (15 CFR 712.4); 

(6) Require advance notification and 

annual reporting of all imports and 

exports of ‘‘Schedule 1’’ chemicals to, or 

from, other States Parties to the 

Convention (15 CFR 712.6, 742.18(a)(1) 

and 745.1); and 

(7) Prohibit the export of ‘‘Schedule 

1’’ chemicals to States not Party to the 

Convention (15 CFR 742.18(a)(1) and 

(b)(1)(ii)). 

Request for Comments 

In order to assist in determining 

whether the legitimate commercial 

activities and interests of chemical, 

biotechnology, and pharmaceutical 

firms in the United States are 

significantly harmed by the limitations 

of the Convention on access to, and 

production of, ‘‘Schedule 1’’ chemicals 

as described in this notice, BIS is 

seeking public comments on any effects 

that implementation of the Chemical 

Weapons Convention, through the 

Chemical Weapons Convention 

Implementation Act and the Chemical 

Weapons Convention Regulations, has 

had on commercial activities involving 

‘‘Schedule 1’’ chemicals during calendar 

year 2007. In response to last year’s 

notice of inquiry, BIS received 

comments from two companies. To 

allow BIS to properly evaluate the 

significance of any harm to commercial 

activities involving ‘‘Schedule 1’’

chemicals, public comments submitted 

in response to this notice of inquiry 

should include both a quantitative and 

qualitative assessment of the impact of 

the CWC on such activities. 

Submission of Comments 

All comments must be submitted to 

the address indicated in this notice. The 

Department requires that all comments 

be submitted in written form. 

The Department encourages interested 

persons who wish to comment to do so 

at the earliest possible time. The period 

for submission of comments will close 

on December 17, 2007. The Department 

will consider all comments received 

before the close of the comment period. 

Comments received after the end of the 

comment period will be considered if 

possible, but their consideration cannot 

be assured. The Department will not 

accept comments accompanied by a 

request that a part or all of the material 

be treated confidentially because of its 

business proprietary nature or for any 

other reason. The Department will 

return such comments and materials to 

the persons submitting the comments 

and will not consider them. All 

comments submitted in response to this 

notice will be a matter of public record 

and will be available for public 

inspection and copying. 

The Office of Administration, Bureau 

of Industry and Security, U.S. 

Department of Commerce, displays 

public comments on the BIS Freedom of 

Information Act (FOIA) Web site at 

http://www.bis.doc.gov/foia. This office 

does not maintain a separate public 

inspection facility. If you have technical 

difficulties accessing this Web site, 

please call BIS’s Office of 

Administration, at (202) 482–1093, for 

assistance. 

Dated: November 8, 2007. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. E7–22386 Filed 11–14–07; 8:45 am] 

BILLING CODE 3510–33–P 

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 


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Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Notices 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 

Energı ́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: 

Manufacturer/exporter 

Weightedaverage 

margin 

(percentage) 

Aragonesas Industrias y 

Energı ́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 


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64196 Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Notices 

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 Overreported 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 

DEPARTMENT OF COMMERCE 

Minority Business Development 

Agency 

[Docket No.: 071107681–7682–01] 

Extension of the Award Period for 

Certain Native American Business 

Enterprise Centers 

AGENCY: Minority Business 

Development Agency, Commerce. 

ACTION: Notice. 

SUMMARY: The Minority Business 

Development Agency (MBDA) is 

publishing this notice to allow for up to 

a 180-day funded extension, on a noncompetitive basis, of the award periods 

for those Native American Business 

Enterprise Centers (NABECs) identified 

in this notice whose current award 

period is scheduled to end on December 

31, 2007. MBDA is taking this action to 

allow for continued program delivery by 

the identified NABEC operators while 

MBDA completes the competitive 

solicitation and award processes for the 

next three (3) year NABEC award 

period. 

DATES: The award period and related 

funding, if approved by the Department 

of Commerce Grants Officer, will 

commence January 1, 2008 and will 

continue for a period not to exceed 180 

days. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Efrain Gonzalez, Chief, Office of 

Business Development, Minority 

Business Development Agency, 1401 

Constitution Avenue, NW., Room 5075, 

Washington, DC 20230. Mr. Gonzalez 

may be reached by telephone at (202) 

482–1940 and by e-mail at 

egonzalez@mbda.gov. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Executive Order 11625, the NABEC 

Program provides standardized business 

assistance and development services 

directly to Native American- and other 

eligible minority-owned businesses. The 

NABEC Program is a key component of 

MBDA’s overall business development 

assistance program and promotes the 

growth and competitiveness of eligible 

businesses and further incorporates an 

entrepreneurial approach to the delivery 

of client services. This entrepreneurial 

strategy expands the reach and service 

delivery of the NABEC Program by 

requiring project operators to develop 

and to build upon strategic alliances 

with public and private sector partners 

as a means of serving eligible businesses 

within each NABEC’s applicable 

geographical service area. MBDA 

currently funds a network of eight (8) 

NABEC projects located throughout the 

United States. 

This notice amends MBDA’s prior 

Federal Register notice dated August 

29, 2003 (68 FR 51981), as amended on 

September 30, 2003 (68 FR 56267), 

February 11, 2004 (69 FR 6644), 

February 19, 2004 (69 FR 7726) and 

October 25, 2006 (71 FR 62420) to allow 

for up to a 180-day funded extension, on 

a non-competitive basis, of the award 

period for the following five (5) NABECs 

whose award period is scheduled to end 

on December 31, 2007: Minnesota/Iowa 

Statewide NABEC (Minnesota 

Chippewa Tribe); North Dakota/South 

Dakota Statewide NABEC (United 

Tribes Technical College); Arizona 

Statewide NABEC (The National Center 

for American Indian Enterprise 

Development); California Statewide 

NABEC (The National Center for 

American Indian Enterprise 

Development); and the Northwest 

NABEC (The National Center for 

American Indian Enterprise 

Development). MBDA is taking this 

action to allow for continued program 

delivery by the five identified NABEC 

operators while MBDA completes the 

competitive solicitation and award 

processes for the next three (3) year 

NABEC award period. The remaining 

three (3) NABEC projects: North 

Carolina Statewide NABEC (The 

National Center for American Indian 

Enterprise Development); New Mexico 

Statewide NABEC (American Indian 

Chamber of Commerce of New Mexico); 

and the Oklahoma Statewide NABEC 

(Rural Enterprises of Oklahoma, Inc.) 

are not affected by this notice as their 

respective awards period do not expire 

until the end of July or August 2008 (as 

the case may be). 

The allowable award extensions and 

additional funding set forth herein will 

be made at the sole discretion of MBDA 

and the Department of Commerce using 

the evaluation criteria and process used 

to determine the continuation of 

funding during the original award 

period (Program Years 1–4). In making 

such determinations, the following 

factors will be considered: (1) The 

NABEC’s program performance rating 

during the prior program period; (2) the 

availability of appropriated funds; and 

(3) MBDA and Department of Commerce 

priorities. MBDA will review the 

project’s performance rating as 

evaluated through the standardized 

performance reports and assessments 

required under the NABEC Program. 

Projects receiving below a 

‘‘Satisfactory’’ performance rating in the 

prior program period will be eligible for 

an award extension under this notice. 


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