[Federal Register Volume 76, Number 24 (Friday, February 4, 2011)]
[Notices]
[Pages 6399-6400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2526]
[[Page 6399]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-898]
Chlorinated Isocyanurates From the People's Republic of China:
Initiation of New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: February 4, 2011.
SUMMARY: The Department of Commerce (the ``Department'') has determined
that a request for a new shipper review of the antidumping duty order
on chlorinated isocyanurates from the People's Republic of China
(``PRC''), received on December 20, 2010, meets the statutory and
regulatory requirements for initiation. The period of review (``POR'')
of this new shipper review is June 1, 2010, through December 31, 2010.
FOR FURTHER INFORMATION CONTACT: Krisha Hill 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-
4037 and (202) 482-0650, respectively.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the antidumping duty order on chlorinated
isocyanurates from the PRC was published in the Federal Register on
June 24, 2005. See Notice of Antidumping Duty Order: Chlorinated
Isocyanurates From the People's Republic of China, 70 FR 36561 (June
24, 2005). On December 20, 2010, we received a timely request for a new
shipper review from Heze Huayi Chemical Co. Ltd., (``Heze Huayi'') in
accordance with 19 CFR 351.214(c) and 351.214(d). Heze Huayi has
certified that it produced all of the chlorinated isocyanurates it
exported, which is the basis for its request for a new shipper review.
Pursuant to the requirements set forth in 19 CFR 351.214(b)(2)(i),
19 CFR 351.214(b)(2)(ii) and 19 CFR 351.214(b)(2)(iii), in its request
for a new shipper review, Heze Huayi, as an exporter and producer,
certified that: (1) It did not export chlorinated isocyanurates to the
United States during the period of investigation; (2) since the
initiation of the investigation, Heze Huayi has never been affiliated
with any company that exported subject merchandise to the United States
during the period of investigation; and (3) its export activities were
not controlled by the central government of the PRC.
In accordance with 19 CFR 351.214(b)(2)(iv), Heze Huayi submitted
documentation establishing the following: (1) The date on which it
first shipped chlorinated isocyanurates for export to the United States
and the date on which the chlorinated isocyanurates were first entered,
or withdrawn from warehouse, for consumption; (2) the volume of its
first shipment; and (3) the date of its first sale to an unaffiliated
customer in the United States.
The Department conducted U.S. Customs and Border Protection
(``CBP'') database queries in an attempt to confirm that Heze Huayi's
shipment of subject merchandise had entered the United States for
consumption and that liquidation had been properly suspended for
antidumping duties. The information which the Department examined was
consistent with that provided by Heze Huayi in its request. See
Memorandum to The File from Krisha Hill, Analyst, ``Initiation of
Antidumping New Shipper Review: Chlorinated Isocyanurates, from the
People's Republic of China, A-570-898,'' (``New Shipper Initiation
Checklist'') dated concurrently with this notice, at Page 6. However,
the Department has concerns with certain other information contained
within the CBP data. Due to the business proprietary nature of this
information, please refer to the New Shipper Initiation Checklist for
further discussion. The Department intends to address this issue after
initiation of the new shipper review.
Period of Review
Pursuant to 19 CFR 351.214(g)(1)(i)(B), the POR for a new shipper
review initiated in the month immediately following the semiannual
anniversary month, will normally be the six-month period immediately
preceding the semiannual anniversary month, in this instance June 1,
2010, through November 30, 2010. However, when the new shipper's first
shipment has entered after the POR, the Department may expand the POR,
unless an expansion would be likely to prevent the completion of the
review within the time limits set by the Department's regulations. See
19 CFR 351.214(f)(2)(ii). The documentation provided by Heze Huayi
indicates that its first shipment entered one day after the end of the
six-month POR, and that its first sale to an unaffiliated customer
occurred during the six-month POR. In accordance with 19 CFR
351.214(f)(2)(ii), we are extending the POR by 31 days to December 31,
2010, to capture the entry of Heze Huayi's first shipment. The
Department finds that this delay does not prevent the completion of the
review within the time limits set by the Department's regulations.
Therefore, the POR for this new shipper review is June 1, 2010, through
December 31, 2010.
Initiation of New Shipper Review
Pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as
amended (the ``Act'') and 19 CFR 351.214(d)(1), we find that the
request submitted by Heze Huayi meets the threshold requirements for
initiation of a new shipper review for shipments of chlorinated
isocyanurates from the PRC produced and exported by Heze Huayi. See
Memorandum to the File through Wendy Frankel, Office Director, New
Shipper Initiation Checklist, dated concurrently with this notice.
However, if the information supplied by Heze Huayi is later found to be
incorrect or insufficient during the course of this proceeding, the
Department may rescind the review or apply adverse facts available
pursuant to section 776 of the Act, depending upon the facts on record.
The Department intends to issue the preliminary results of this NSR
no later than 180 days from the date of initiation, and the final
results no later than 90 days from the issuance of the preliminary
results. See section 751(a)(2)(B)(iv) of the Act.
It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish
eligibility for an antidumping duty rate separate from the country-wide
rate provide evidence of de jure and de facto absence of government
control over the company's export activities. Accordingly, we will
issue a questionnaire to Heze Huayi, which will include a separate rate
section. The review will proceed if the response provides sufficient
indication that Heze Huayi is not subject to either de jure or de facto
government control with respect to its export of chlorinated
isocyanurates.
We will instruct CBP to allow, at the option of the importer, the
posting, until the completion of the review, of a bond or security in
lieu of a cash deposit for each entry of the subject merchandise from
Heze Huayi in accordance with section 751(a)(2)(B)(iii) of the Act and
19 CFR 351.214(e). Because Heze Huayi certified that it both produced
and exported the subject merchandise, the sale of which is the basis
for this new shipper review request, we will apply the bonding
privilege to Heze Huayi
[[Page 6400]]
only for subject merchandise which Heze Huayi both produced and
exported.
Interested parties requiring access to proprietary information in
this new shipper review should submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
19 CFR 351.306.
This initiation and notice are in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).
Dated: January 31, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-2526 Filed 2-3-11; 8:45 am]
BILLING CODE 3510-DS-P