[Federal Register: December 28, 2009 (Volume 74, Number 247)]
[Notices]
[Page 68575-68576]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de09-40]
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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 June 2008 Through November 2008 Semi-Annual New
Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: December 28, 2009.
SUMMARY: The Department of Commerce (``the Department'') is conducting
a new shipper review (``NSR'') of the antidumping duty order on
chlorinated isocyanurates from the People's Republic of China (``PRC'')
covering the period June 1, 2008, through November 30, 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: Lilit Astvatsatrian 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-
6412 or (202) 482-0650, respectively.
Background
On July 27, 2009, the Department published its preliminary results
of new shipper review of the antidumping order on chlorinated
isocyanurates from the PRC. See Chlorinated Isocyanurates from the
People's Republic of China: Preliminary Results of June 2009 through
November 2008 Semi-Annual New Shipper Review, 74 FR 37007 (July 27,
2009) (``Preliminary Results''). On August 17, 2009, Clearon
Corporation and Occidental Chemical Corporation (``Petitioners''), in
the underlying investigation, provided additional information on the
appropriate surrogate values to use as a means of valuing the factors
of production. On October 8, 2009, the Department received case briefs
from Petitioners and respondent Juancheng Kangtai Chemical Co., Ltd.
(``Kangtai''). On September 15 and 30, 2009, Kangtai submitted its
responses to the Department's September 1 and 25, 2009, supplemental
questionnaires. On October 15, 2009, Petitioners and Kangtai filed
rebuttal briefs. We have conducted this new shipper review in
accordance with section 751(a)(2)(B) of the Tariff act of 1930, as
amended (``the Act''), and 19 CFR 351.214.
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)3[middot]2H2O), 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 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 Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration, ``Issues and Decision Memorandum for the June
2008 through November 2008 Semi-Annual New Shipper 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 calculation for Kangtai. See Issues and Decision Memorandum
at Comments 1-3.
We calculated surrogate financial ratios based on the financial
statements for Aditya Birla Chemicals (India) Limited, an Indian
producer of comparable merchandise, for the fiscal year ending March
31, 2009. See Issues and Decision Memorandum at Comment 1 and the Final
SV Memo.
[[Page 68576]]
We have revised Kangtai's steam coal value. See Issues and Decision
Memorandum at Comment 2, Memorandum to the File titled ``Analysis
Memorandum for the Final Results: Juancheng Kangtai Chemical Company,
Ltd.,'' dated December 18, 2009, and Final SV Memo.
Final Results of Review
We determined that the following dumping margin exists for the
period June 1, 2008, through November 30, 2008.
------------------------------------------------------------------------
Exporter Producer Rate
------------------------------------------------------------------------
Juancheng Kangtai Chemical Co., Ltd/Juancheng Ouya Juanchen 20.5
Chemical Co., Ltd...................................... g 4
Kangtai
Chemical
Co.,
Ltd./
Juanchen
g Ouya
Chemical
Co.,
Ltd.
------------------------------------------------------------------------
Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries. For importers/customers of the respondent where
the respondent did not report entered values, we have calculated
importer/customer-specific antidumping duty assessment amounts based on
the ratio of the total amount of antidumping duties calculated for the
examined sales of subject merchandise to the total quantity of subject
merchandise sold in those transactions. For importers/customers of the
respondent where the respondent reported entered values, we have
calculated an ad valorem rate for that importer/customer by dividing
the total amount of antidumping duties calculated in the examined sales
of subject merchandise by the total entered value of those
transactions. The Department intends to issue assessment instructions
to CBP 15 days after the date of publication of these final results of
NSR.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of NSR for all shipments of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) For shipments of subject
merchandise produced and exported in the combinations listed above in
the Final Results of Review section of this notice, the cash deposit
rate will be the rate shown above; (2) for shipments of subject
merchandise exported by Kangtai or Juancheng Ouya Chemical Co., Ltd.
(``Ouya'') but not produced by either of these companies, the cash
deposit rate will be the PRC-wide rate of 285.63 percent; (3) for
shipments of subject merchandise produced by Kangtai or Ouya but
exported by any party other than Kangtai or Ouya, the cash deposit rate
will be the rate applicable to the 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 the APO in accordance with 19 CFR 351.305(a)(3), 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 which is subject to sanction.
Disclosure
We will disclose the calculations performed for these final results
within five days of the date of publication of this notice to
interested parties in accordance with 19 CFR 351.224(b).
We are issuing and publishing these final results and notice in
accordance with sections 751(a)(2)(B), 751(a)(2)(C), and 777(i)(1) of
the Act and 19 CFR 351.221(b)(5).
Dated: December 17, 2009.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix
List of Comments and Issues in the Issues and Decision Memorandum
Comment 1: Surrogate Financial Statements
Comment 2: Surrogate Value for Steam Coal
Comment 3: Affiliation and Collapsing of Kangtai and Ouya
[FR Doc. E9-30687 Filed 12-24-09; 8:45 am]
BILLING CODE 3510-DS-P