Federal Register, Volume 74 Issue 189 (Thursday, October 1, 2009)

[Federal Register Volume 74, Number 189 (Thursday, October 1, 2009)]
[Notices]
[Pages 50774-50775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23705]

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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 the
preliminary results of administrative review of the antidumping duty
order on chlorinated isocyanurates (chlorinated isos) from Spain on May
27, 2009. See Chlorinated Isocyanurates from Spain: Preliminary Results
and Rescission, in Part, of Antidumping Duty Administrative Review, 74
FR 25215 (May 27, 2009) (Preliminary Results). The period of review
(POR) is June 1, 2007 through May 31, 2008. 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 margin for this review is listed in the ``Final Results
of Review'' section below.

EFFECTIVE DATE: October 1, 2009.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo, AD/CVD Operations, Office
6, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone (202) 482-2371.

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 36562 (June 24, 2005) (Chlorinated Isos
Order). On July 30, 2008, the Department published in the Federal
Register a notice of the initiation of the antidumping duty
administrative review of chlorinated isos from Spain for the period
June 1, 2007 through May 31, 2008. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, Request for Revocation in
Part, and Deferral of Administrative Review, 73 FR 44220 (July 30,
2008).
The Department published the preliminary results of this review on
May 27, 2009. See Preliminary Results. We invited parties to comment on
our preliminary results of review. The respondent, Aragonesas
Industrias y Energ[iacute]a S.A. (Aragonesas) submitted a case brief on
July 6, 2009, and the petitioners, Clearon Corporation and Occidental
Chemical Corporation (collectively, the petitioners), submitted a
rebuttal brief on July 14, 2009. On July 23, 2009, the Department held
a public hearing concerning the issues addressed by the respondent and
petitioners in their briefs.

Scope of Antidumping Duty 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 (Cl3(NCO)3); (2) sodium dichloroisocyanurate (dihydrate)
(NaCl2(NCO)3 2H2O); and (3) sodium dichloroisocyanurate (anhydrous)
(NaCl2(NCO)3). Chlorinated isocyanurates are available in powder,
granular, and tableted forms. The order covers all chlorinated
isocyanurates.
Chlorinated isocyanurates 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 isoscyanurates 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 the order is dispositive.

Analysis of Comments Received

All issues raised in the case and rebuttal briefs submitted by the
parties in this review are addressed in the memorandum from John M.
Andersen, Acting Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K. Lorentzen, Acting
Assistant Secretary for Import Administration, Antidumping Duty
Administrative Review of Chlorinated Isocyanurates from Spain: Issues
and Decision Memorandum for the Final Results (Issues and Decision
Memorandum), dated concurrently with, and 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 1114 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 discussion of these
changes, see Memorandum to the File, from Myrna Lobo, Case Analyst,
Antidumping Duty Review of Chlorinated Isocyanurates from Spain:
Calculation Memorandum for the Final Results (September 24, 2009) at
the section titled ``Changes from the Preliminary Results'' and
Memorandum to Neal M. Halper, Director, Office of Accounting from
Robert B. Greger, Senior Accountant, Cost of Production and Constructed
Value Calculation Adjustments for the Final Results - Aragonesas
Industrias y Energia S.A. (September 24, 2009).

Final Results of Review

We determine that the following percentage margin exists for the
period June 1, 2007 through May 31, 2008:

------------------------------------------------------------------------
Weighted-Average
Manufacturer/Exporter Margin
(percentage)
------------------------------------------------------------------------
Aragonesas Industrias y Energ[iacute]a S.A.......... 28.04
------------------------------------------------------------------------

[[Page 50775]]

Assessment

The Department shall determine, and CBP shall assess, antidumping
duties on all appropriate entries.
We have calculated importer-specific per unit duty assessment rates
based on the ratio of the total amount of antidumping duties calculated
for the examined sales to the total entered value of the sales. We will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review if any importer-specific assessment rate
calculated in the final results of this review is above de minimis
(i.e., less than 0.50 percent). The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
these final results of review.
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). This
clarification will apply to entries of subject merchandise during the
POR produced by companies included in these final results of review for
which the reviewed companies did not know their merchandise was
destined for the United States. In such instances, we will instruct CBP
to liquidate unreviewed entries at the all-others rate established in
the less-than-fair-value (LTFV) investigation if there is no rate for
the intermediate company(ies) involved in the transaction.

Cash Deposit Requirements

The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, consistent
with section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the
reviewed company, Aragonesas, will be the rate shown above; (2) if the
exporter is not a firm covered in this review, but was covered in a
previous review or the original LTFV investigation, 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, a prior review, or the original LTFV 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)
if neither the exporter nor the manufacturer is a firm covered in this
or any previous review conducted by the Department, the cash deposit
rate will continue to be the ``All Others'' rate established in the
original LTFV investigation, which is 24.83 percent. 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
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: September 24, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix

Issues in Decision Memorandum:

Comment 1: Whether the Department Should Eliminate from the G&A Ratio
the Accrued Expenses Relating to the Asset Impairments and
Restructuring Charges
Comment 2: Whether the Department was Correct to Revise Aragonesas' G&A
Expense Allocation Relating to G&A Services Provided by its Parent
Company
Comment 3: Whether the Department, in Calculating the G&A and the R&D
Amounts to be Included in Aragonesas' Costs, Should First Eliminate
from TOTCOM that Portion of TOTCOM that Relates to the Major Input Rule
Adjustment for Chlorine
Comment 4:Whether the Department Should Set U.S. Warranty Expenses to
Zero
Comment 5:Whether There Are Clerical Errors in the Department's Program
or Calculations
Comment 6:Whether the Department Should Refrain from Zeroing for the
Final Results
[FR Doc. E9-23705 Filed 9-30-09; 8:45 am]
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