[Federal Register: December 14, 2009 (Volume 74, Number 238)]
[Notices]
[Page 66087-66088]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de09-25]
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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.
DATES: Effective Date: December 14, 2009.
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, 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 margin calculations.
Therefore, the final results differ from the preliminary results.
FOR FURTHER INFORMATION CONTACT: Brandon Petelin or Charles Riggle, AD/
CVD Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14\th\ Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
8173 or (202) 482-0650, respectively.
Background
On June 8, 2009, 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,
74 FR 27104 (June 8, 2009) (``Preliminary Results''). On June 29, 2009,
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 July 8, 2009, the
Department received a request for a hearing from Petitioners. On July
13, 2009, the Department received a case brief from Petitioners. On
July 20, 2009, the Department received a rebuttal brief from Jiheng. On
July 27, 2009, Petitioners withdrew their request for a public hearing.
On October 30, 2009, the Department placed additional surrogate value
information on the record of this review for steam coal. On November 3,
2009, the Department received comments from Jiheng on the additional
surrogate value information. 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 (Cl3(NCO)3), (2) sodium
dichloroisocyanurate (dihydrate)
(NaCl2(NCO)32H2O), and (3)
sodium dichloroisocyanurate (anhydrous)
(NaCl2(NCO)3). 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
[[Page 66088]]
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 John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Carole A. Showers, Acting Deputy Assistant
Secretary for Import Administration, ``Issues and Decision Memorandum
for the 2007-2008 Administrative Review of Chlorinated Isocyanurates
from the People's Republic of China,'' (``Issues and Decision
Memorandum'') dated concurrently with this notice, 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. See Issues and Decision Memorandum
at Comments 1-5.
We revised the steam coal surrogate value from the Preliminary
Results. For these final results, we have relied on data for categories
B and C steam coal from both the 2004 and 2007 Coal India Ltd.
publications. See Issues and Decision Memorandum at Comment 2 and
``Surrogate Value Memorandum: Final Results of the 2007-2008
Administrative Review of the Antidumping Duty Order on Chlorinated
Isocyanurates from the People's Republic of China,'' (``Final Surrogate
Value Memorandum'') dated concurrently with this notice.
We revised the financial ratio calculations using financial
statements from Kanoria Chemicals and Industries Limited for the year
ended March 31, 2008. See Issues and Decision Memorandum at Comment 3
and the Final Surrogate Value Memorandum, dated concurrently with this
notice.
We corrected certain ministerial errors in the calculations for the
Preliminary Results. See Issues and Decision Memorandum at Comment 5
and Memorandum to the File titled ``Analysis Memorandum for the Final
Results: Hebei Jiheng Chemical Company, Ltd.,'' dated concurrently with
this notice.
We revised the electricity calculation used in the Preliminary
Results by using updated electricity data from the Central Electricity
Authority, an administrative body of the government of India, as
published in the March 2008 report titled Electricity Tariff & duty and
average rates of electricity supply in India. See Attachment 6B of
Jiheng's June 29, 2009, Surrogate Value Submission and the Final
Surrogate Value Memorandum.
Final Results of Review
We determined that the following dumping margin exists for the
period June 1, 2007, through May 31, 2008.
------------------------------------------------------------------------
Weighted-Average
Exporter Margin Percentage
------------------------------------------------------------------------
Jiheng.............................................. 20.16
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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.
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 20.16
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: December 7, 2009.
Carole A. Showers,
Acting Deputy 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 Steam Coal
Comment 3: Financial Ratios
Comment 4: Surrogate Value for Anhydrous Ammonia
Company Specific Issues
Jiheng
Comment 5: Clerical Error - By Product Offset
[FR Doc. E9-29731 Filed 12-11-09; 8:45 am]
BILLING CODE 3510-DS-S