[Federal Register Volume 73, Number 176 (Wednesday, September 10, 2008)]
[Notices]
[Pages 52645-52646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20916]



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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

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

EFFECTIVE DATE: September 10, 2008.
SUMMARY: The Department of Commerce (``the Department'') is conducting 
an administrative review of the antidumping duty order on chlorinated 
isocyanurates from the People's Republic of China (``PRC'') covering 
the period June 1, 2006, through May 31, 2007. We invited interested 
parties to comment on our preliminary results. Based on our analysis of 
the comments received, we have made changes to our margin calculations. 
Therefore, the final results differ from the preliminary results.

FOR FURTHER INFORMATION CONTACT: Jennifer Moats or Charles Riggle, 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-
5047 or (202) 482-0650, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 6, 2008, the Department published its preliminary results of 
review of the antidumping order on chlorinated isocyanurates from the 
PRC. See Chlorinated Isocyanurates from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, 73 FR 
24943 (May 6, 2008) (``Preliminary Results''). On May 27, 2008, Clearon 
Corporation (``Clearon'') and Occidental Chemical Corporation 
(``Petitioners''), Petitioners in the underlying investigation, and 
Hebei Jiheng Chemical Corporation, Ltd. (``Jiheng'') provided 
additional information on the appropriate surrogate values to use as a 
means of valuing the factors of production. On June 5, 2008, the 
Department received a request for a hearing from Petitioners. On June 
12, 2008, the Department received case briefs from Petitioners and from 
respondents Jiheng and Nanning Chemical Industry Co. Ltd. 
(``Nanning''). On June 17, 2008, the Department received rebuttal 
briefs from Petitioners and Jiheng. On July 22, 2008, the Department 
held a public hearing. We have conducted this administrative review in 
accordance with section 751 of the Tariff act of 1930, as amended 
(``the Act''), and 19 CFR 351.213.

Scope of the Order

    The products covered by this order are chlorinated isocyanurates, 
as described below: Chlorinated isocyanurates are derivatives of 
cyanuric acid, described as chlorinated s-triazine triones. There are 
three primary chemical compositions of chlorinated isocyanurates: (1) 
trichloroisocyanuric acid (Cl[bdi3](NCO)[bdi3]), (2) sodium 
dichloroisocyanurate (dihydrate) 
(NaCl[bdi2](NCO)[bdi3]<bullet>2H[bdi2]O), and (3) sodium 
dichloroisocyanurate (anhydrous) (NaCl[bdi2](NCO)[bdi3]). Chlorinated 
isocyanurates are available in powder, granular, and tableted forms. 
This 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 3808.94.50.00 of the Harmonized Tariff Schedule of the 
United States (``HTSUS''). The tariff classification 2933.69.6015 
covers sodium dichloroisocyanurates (anhydrous and dehydrate 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 written description of the scope of this order is 
dispositive.

Analysis of Comments Received

    All issues raised in the post-preliminary comments by parties in 
this review are addressed in the memorandum from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration, ``Issues and 
Decision Memorandum for the 2006-2007 Administrative Review of 
Chlorinated Isocyanurates from the People's Republic of China,'' dated 
concurrently with this notice (``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 is attached to this notice as an appendix. The Issues and 
Decision Memorandum is a public document and is on file in the Central 
Records Unit (``CRU'') in room 1117 in the main Commerce Department 
building, and is also accessible on the Web at http://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 calculations for Jiheng and Nanning. See Issues and Decision 
Memorandum at Comments 1-8.
    We have revised the surrogate value for electricity. For the final 
results, we find that the best available information with which to 
value electricity is the electricity price data for small, medium, and 
large industries, as published by the Central Electricity Authority of 
the Government of India in its publication titled Electricity Tariff & 
Duty and Average Rates of Electricity Supply in India, dated July 2006. 
See Issues and Decision Memorandum at Comment 3 and the Memorandum to 
the File titled ``Surrogate Value Memorandum,'' dated concurrently with 
this notice (``Final Surrogate Value Memorandum'').
    We revised the financial ratio calculations to include rates and 
taxes, to exclude income relating to a prior year adjustment, and to 
include income items within miscellaneous income that have identifiable 
expenses. See Issues and Decision Memorandum at Comments 5A through 5D 
and the Final Surrogate Value Memorandum, dated concurrently with this 
notice.
    We corrected certain clerical errors in the calculations for the 
Preliminary Results. See Issues and Decision Memorandum at Comments 7A 
through 7D, the Final Surrogate Value Memorandum, and Memorandum to the 
File titled ``Analysis Memorandum for the Final Results: Hebei Jiheng 
Chemical Company, Ltd.,'' dated concurrently with this notice.

Final Results of Review

    We determined that the following dumping margins exist for the 
period June 1, 2006, through May 31, 2007.

------------------------------------------------------------------------
                                                       Weighted-Average
                Exporter/Manufacturer                  Margin Percentage
------------------------------------------------------------------------
Jiheng..............................................                0.80
Nanning.............................................               53.67
------------------------------------------------------------------------

Assessment Rates

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (``CBP'') 15 days after the date of 
publication of these final results of review. In accordance with 19 CFR 
351.212(b)(1), we have calculated importer-specific assessment rates 
for merchandise subject to this review.

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Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(2)(C) of the Act: (1) for subject 
merchandise exported by Jiheng, the cash deposit rate will be 0.80 
percent and for subject merchandise exported by Nanning, the cash 
deposit rate will be 53.67 percent; (2) for previously reviewed or 
investigated exporters not listed above that have separate rates, the 
cash deposit rate will continue to be the exporter-specific rate 
published for the most recent period; (3) for all PRC exporters of 
subject merchandise, which have not been found to be entitled to a 
separate rate, the cash deposit rate will be the PRC-wide rate of 
285.63 percent; and (4) for all non-PRC exporters of subject 
merchandise that have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporter that supplied that 
non-PRC exporter. These deposit requirements shall remain in effect 
until further notice.
    Notification of Interested Parties
    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 Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties. This notice also serves as a 
reminder to parties subject to administrative protective orders 
(``APOs'') 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 that is subject to 
sanction.
    We are issuing and publishing these final results of review and 
notice in accordance with sections 751(a) and 777(i) of the Act.

    Dated: September 3, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

APPENDIX

List of Comments and Issues in the Issues and Decision Memorandum

Surrogate Values

Comment 1: Surrogate Value for Urea
Comment 2: Surrogate Value for Sodium Chloride (Salt)
Comment 3: Surrogate Value for Electricity
Comment 4: Surrogate Value for Steam Coal
Comment 5: Financial Ratios
    A. Rates and Taxes
    B. Other Income Related to Prior Year Adjustment
    C. Income Items within Miscellaneous Receipts
    D. Cost of Traded Goods and Increase in Stocks

Company Specific Issues

Jiheng

Comment 6: By-Product Offsets
    A. Ammonia Gas
    B. Hydrogen
Comment 7: Clerical Errors
    A. Supersacks
    B. Rail Freight
    C. Free of Charge Packaging Materials
    D. Reimbursed Materials

Nanning

Comment 8: Cyanuric Acid.
[FR Doc. E8-20916 Filed 9-9-08; 8:45 am]
BILLING CODE 3510-DS-S