[Federal Register Volume 79, Number 219 (Thursday, November 13, 2014)]
[Notices]
[Pages 67424-67425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26795]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-991]


Chlorinated Isocyanurates From the People's Republic of China: 
Countervailing Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing a countervailing duty order on 
chlorinated isocyanurates (``Isos'') from the People's Republic of 
China (``PRC'').

DATES: Effective Date: November 13, 2014.

FOR FURTHER INFORMATION CONTACT: Paul Walker or Matthew Renkey, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0413 or (202) 482-2312, respectively.

Background

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (``Act''), on September 22, 2014, the Department published its 
final determination that countervailable subsidies are being provided 
to producers and exporters of Isos from the PRC. See Chlorinated 
Isocyanurates from the People's Republic of China: Final Affirmative 
Countervailing Duty Determination; 2012, 79 FR 56560 (September 22, 
2014) (``Final Determination'').
    On November 3, 2014, the ITC notified the Department of its final 
determination pursuant to section 705(d) of the Act that an industry in 
the United States is threatened with material injury within the meaning 
of section 705(b)(1)(A)(ii) of the Act by reason of subsidized imports 
of subject merchandise from the PRC. See Chlorinated Isocyanurates from 
China and Japan, USITC Investigation Nos. 701-TA-501 and 731-TA-1226 
(Final), USITC Publication 4494 (November 2014).

Scope of the Order

    The products covered by this order are chlorinated isocyanurates. 
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 (``TCCA'') (Cl<INF>3</INF>(NCO)<INF>3</INF>), (2) sodium 
dichloroisocyanurate (dihydrate) (NaCl<INF>2</INF>(NCO)<INF>3</INF> X 
2H<INF>2</INF>O), and (3) sodium dichloroisocyanurate (anhydrous) 
(NaCl<INF>2</INF>(NCO)<INF>3</INF>). Chlorinated isocyanurates are 
available in powder, granular and solid (e.g., tablet or stick) forms.
    Chlorinated isocyanurates are currently classifiable under 
subheadings 2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.50.4000, 
3808.94.5000, and 3808.99.9500 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. 
The tariff classifications 3808.50.4000, 3808.94.5000 and 3808.99.9500 
cover disinfectants that include chlorinated isocyanurates. The HTSUS 
subheadings are provided for convenience and customs purposes. The 
written description of the scope of this order is dispositive.

Countervailing Duty Order

    In accordance with sections 705(b)(1)(A)(ii) and 705(d) of the Act, 
the ITC has notified the Department of its final determination that the 
industry in the United States producing Isos is threatened with 
material injury by reason of subsidized imports of drawn sinks from the 
PRC. Therefore, in accordance with section 705(c)(2) of the Act, we are 
publishing this countervailing duty order.
    According to section 706(b)(2) of the Act, countervailing duties 
shall be assessed on subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
ITC's notice of final determination if that determination is based upon 
the threat of material injury. Section 706(b)(1) of the Act states, 
``{i{time} f the Commission, in its final determination under section 
705(b), finds material injury or threat of material injury which, but 
for the suspension of liquidation under section 703(d)(2), would have 
led to a finding of material injury, then entries of the merchandise 
subject to the countervailing duty order, the liquidation of which has 
been suspended under section 703(d)(2), shall be subject to the 
imposition of countervailing duties under section 701(a).'' In 
addition, section 706(b)(2) of the Act requires U.S. Customs and Border 
Protection (``CBP'') to refund any cash deposits or bonds of estimated 
countervailing duties posted before the date of publication of the 
ITC's final affirmative determination, if the ITC's final determination 
is based on threat other than the threat described in section 706(b)(1) 
of the Act. Because the ITC's final determination in this case is based 
on the threat of material injury and is not accompanied by a finding 
that injury would have resulted but for the imposition of suspension of 
liquidation of entries since the publication of the Department's 
Preliminary Determination in the Federal Register,\1\ section 706(b)(2) 
of the Act applies.
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    \1\ See Countervailing Duty Investigation of Chlorinated 
Isocyanurates from the People's Republic of China: Preliminary 
Determination and Alignment of Final Determination with Final 
Antidumping Determination, 79 FR 10097 (February 24, 2014) 
(``Preliminary Determination'').
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Suspension of Liquidation

    As a result of the ITC's determination and in accordance with 
section 706(a)(1) of the Act, the Department will direct CBP to assess, 
upon further instruction by the Department, countervailing duties equal 
to the amount of the net countervailable subsidy for all relevant 
entries of Isos from the PRC. The Department instructed CBP to 
discontinue the suspension of liquidation on June 24, 2014, in 
accordance with section 703(d) of the Act. Section 703(d) states that 
the suspension of liquidation pursuant to a preliminary determination 
may not remain in effect for more than four months. Entries of Isos 
from the PRC made on or after June 24, 2014, and prior to the date of 
publication of the ITC's final determination in the Federal Register 
are not liable for the assessment of countervailing duties because of 
the Department's discontinuation, effective June 24, 2014, of the 
suspension of liquidation.
    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute suspension of liquidation,

[[Page 67425]]

effective on the date of publication of the ITC's notice of final 
determination in the Federal Register, and to require a cash deposit 
for each entry of subject merchandise in an amount equal to the net 
countervailable subsidy rates listed below. The all others rate applies 
to all producers and exporters of subject merchandise not specifically 
listed.

------------------------------------------------------------------------
                         Company                           Subsidy rate
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Hebei Jiheng Chemicals Co., Ltd.........................           20.06
Juancheng Kangtai Chemical Co., Ltd.....................            1.55
All Others..............................................           10.81
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Termination of the Suspension of Liquidation

    The Department will instruct CBP to terminate the suspension of 
liquidation for entries of Isos from the PRC, entered or withdrawn from 
warehouse, for consumption prior to the publication of the ITC's notice 
of final determination. The Department will also instruct CBP to refund 
any cash deposits made and release any bonds with respect to entries of 
Isos entered, or withdrawn from warehouse, for consumption on or after 
February 24, 2014 (i.e., the date of publication of the Preliminary 
Determination), but before June 24, 2014 (i.e., the date suspension of 
liquidation was discontinued in accordance with section 703(d) of the 
Act).
    This notice constitutes the countervailing duty order with respect 
to Isos from the PRC, pursuant to section 706(a) of the Act. Interested 
parties may contact the Department's Central Records Unit, Room 7046 of 
the main Commerce Building, for copies of an updated list of 
countervailing duty orders currently in effect.
    This order is issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: November 5, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-26795 Filed 11-12-14; 8:45 am]
BILLING CODE 3510-DS-P