[Federal Register Volume 75, Number 221 (Wednesday, November 17, 2010)]
[Notices]
[Pages 70212-70213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29020]
[[Page 70212]]
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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 2008-2009 Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 17, 2010.
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, 2008, through May 31, 2009. 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. The
final dumping margin for this review is listed in the ``Final Results
of Review'' section below.
FOR FURTHER INFORMATION CONTACT: Brandon Petelin 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-
8173 or (202) 482-0650, respectively.
Background
On May 14, 2010, the Department published its preliminary results
of review of the antidumping order on chlorinated isocyanurates from
the PRC.\1\ On June 3, 2010, Hebei Jiheng Chemical Corporation, Ltd.
(``Jiheng'') provided additional information on the appropriate
surrogate values to use as a means of valuing factors of production. On
June 14, 2010, the Department received a request for a hearing from
Clearon Corporation and Occidental Chemical Corporation (collectively
``Petitioners''), Petitioners in the underlying investigation. On June
15, 2010, the Department placed additional surrogate value information
on the record of this review for valuation of the labor wage rate. On
June 24, 2010, the Department received case briefs from Petitioners and
Jiheng. On June 29, 2010, the Department received rebuttal briefs from
Petitioners and Jiheng. On July 2, 2010, Petitioners withdrew their
request for a public hearing. On July 20, 2010, the Department placed
additional surrogate value information on the record for valuation of
the labor wage rate. On July 23, 2010, the Department received comments
from Petitioners and Jiheng on the additional wage rate surrogate value
information. On July 27, 2010, the Department received rebuttal
comments from Petitioners and Jiheng, limited to comments related to
valuation of the labor wage rate. On September 28, 2010, the Department
placed additional surrogate value information on the record for
valuation of the labor wage rate. On October 4, 2010, the Department
received comments from Jiheng on the industry specific wage rate
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.
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\1\ See Chlorinated Isocyanurates from the People's Republic of
China: Preliminary Results and Partial Rescission of Antidumping
Duty Administrative Review, 75 FR 27302 (May 14, 2010)
(``Preliminary Results'').
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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 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 Susan H. Kuhbach,
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 2008-
2009 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
7046 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 1-9.
As a consequence of the decision of the Court of Appeals for the
Federal Circuit (``Federal Circuit'') in Dorbest Ltd. v. United States,
604 F. 3d 1363 (Fed. Cir. 2010), the Department is no longer relying on
the regression-based wage rate described in 19 CFR 351.408(c)(3). For
these final results, we have calculated an hourly wage rate to use in
valuing Jiheng's reported labor input by averaging earnings and/or
wages in countries that are economically comparable to the PRC and that
are significant producers of comparable merchandise. To calculate the
hourly wage rate, we used wage data reported by the International Labor
Organization (``ILO''). Because an industry-specific dataset relevant
to this proceeding exists within the Department's preferred ILO source,
we will be using industry-specific data to calculate a surrogate wage
rate for this review, in accordance with section 773(c)(1) of the Act.
Therefore, for this review, the Department has calculated the wage
rate using a simple average of the data provided to the ILO under Sub-
Classification 24 of the ISIC-Revision.3 standard \2\ by countries
determined to be
[[Page 70213]]
both economically comparable to the PRC and significant producers of
comparable merchandise. Specifically, the Department finds the two-
digit description under ISIC-Revision.\3\ (``Manufacture of Chemicals
and Chemical Products'') to be the best available surrogate wage rate
on the record because it is specific and derived from industries that
produce merchandise comparable to the subject merchandise.\3\ Further,
because this wage rate does not separate the labor rates into different
skill levels or types of labor, the Department has applied the same
wage rate to all skill levels and types of labor reported by Jiheng.\4\
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\2\ The ILO industry-specific data is reported according to the
International Standard Industrial Classification of all Economic
Activities (``ISIC'') code, which is maintained by the United
Nations Statistical Division and is periodically updated. These
updates are referred to as ``Revisions.'' The ILO, an organization
under the auspices of the United Nation, utilizes this
classification for reporting purposes. Currently, wage and earnings
data are available from the ILO under the following revisions: ISIC-
Rev.2, ISIC-Rev.3, and most recently, ISIC-Rev.4. The ISIC code
establishes a two-digit breakout for each manufacturing category,
and also often provides a three- or four-digit sub-category for each
two-digit category. Depending on the country, data may be reported
at the two-, three-, or four-digit subcategory. Sub-Classification
24 of the ISIC-Revision.3 covers ``Manufacture of Chemicals and
Chemical Products.''
\3\ See Issues and Decision Memorandum at Comment 2; see also
Memorandum Regarding: Final Results of the 2008-2009 Administrative
Review of the Antidumping Duty Order on Chlorinated Isocyanurates
from the People's Republic of China: Final Results Surrogate Value
Memorandum, dated concurrently with this notice (``Final Surrogate
Value Memo'').
\4\ See Issues and Decision Memorandum at Comment 2; see also
Final Surrogate Value Memo.
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We revised the surrogate financial ratio calculations by making
certain adjustments to Kanoria Chemicals and Industries Limited's
(``Kanoria's'') selling, general, and administrative expenses and
profit.\5\ In addition, we are only relying on Kanoria's financial
statements for the year ended March 31, 2009. We did not rely on the
financial statements of Aditya Birla Chemicals Limited for the year
ended March 31, 2009.\6\
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\5\ See Issues and Decision Memorandum at Comment 5 and Comment
7; see also, Final Surrogate Value Memo.
\6\ See Issues and Decision Memorandum at Comment 3; see also
Final Surrogate Value Memo.
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We corrected certain ministerial errors in the calculations for the
Preliminary Results.\7\
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\7\ See Issues and Decision Memorandum at Comments 8-9; see also
Memorandum Regarding: Final Results of the 2008-2009 Administrative
Review of the Antidumping Duty Order on Chlorinated Isocyanurates
from the People's Republic of China: Analysis Memorandum for the
Final Results: Hebei Jiheng Chemical Company, Ltd., dated
concurrently with this notice (``Final Analysis Memo'').
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Final Results of Review
We determined that the following dumping margin exists for the
period June 1, 2008, through May 31, 2009.
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Weighted-
average
Exporter margin
percentage
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Hebei Jiheng Chemical Corporation, Ltd.................... 2.66
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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 1.76
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: November 10, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix
List of Comments and Issues in the Issues and Decision Memorandum
I. Surrogate Values
Comment 1: Surrogate Value for Steam Coal
Comment 2: Wage Rate
Comment 3: Selection of Financial Statements
II. Specific Financial Statement Issues: Aditya
Comment 4: Interest Income
III. Specific Financial Statement Issues: Kanoria
Comment 5: Miscellaneous Receipts
Comment 6: Gross Interest Income
Comment 7: Profit Ratio
IV. Ministerial Errors
Comment 8: Kanoria's SG&A Expense Calculation
Comment 9: Domestic Brokerage and Handling
[FR Doc. 2010-29020 Filed 11-16-10; 8:45 am]
BILLING CODE 3510-DS-P