Chlorinated Isocyanurates From the People's Republic of China and Spain: Continuation of Antidumping Duty Orders
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) have determined that revocation of the antidumping duty (AD) orders on chlorinated isocyanurates (chlorinated isos) from the People's Republic of China (China) and Spain would be likely to lead to continuation or recurrence of dumping and material injury to an industry in the United States. Therefore, Commerce is publishing a notice of continuation of these AD orders.
Full Text
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<title>Federal Register, Volume 88 Issue 35 (Wednesday, February 22, 2023)</title>
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[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Notices]
[Pages 10871-10872]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03652]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-898, A-469-814]
Chlorinated Isocyanurates From the People's Republic of China and
Spain: Continuation of Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) and the U.S.
International Trade Commission (ITC) have determined that revocation of
the antidumping duty (AD) orders on chlorinated isocyanurates
(chlorinated isos) from the People's Republic of China (China) and
Spain would be likely to lead to continuation or recurrence of dumping
and material injury to an industry in the United States. Therefore,
Commerce is publishing a notice of continuation of these AD orders.
DATES: Applicable February 22, 2023.
FOR FURTHER INFORMATION CONTACT: Daniel Alexander, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4313.
SUPPLEMENTARY INFORMATION:
Background
On June 24, 2005, Commerce published the AD orders on chlorinated
isos from China and Spain.\1\ On October 21, 2021, Commerce published
the notice of initiation of the third sunset review of the Orders,
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act).\2\ As a result of its reviews, Commerce determined that
revocation of the Orders would likely lead to the continuation or
recurrence of dumping.\3\ Therefore, Commerce notified the ITC of the
magnitude of the dumping margins likely to prevail should the Orders be
revoked, pursuant to sections 751(c)(1) and 752(c) of the Act. On
December 27, 2022, the ITC
[[Page 10872]]
published its determination, pursuant to section 751(c) of the Act,
that revocation of the Orders would likely lead to the continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.\4\
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\1\ See Chlorinated Isocyanurates from Spain: Notice of
Antidumping Duty Order, 70 FR 36562 (June 24, 2005); and Notice of
Antidumping Duty Order: Chlorinated Isocyanurates from the People's
Republic of China, 70 FR 36561 (June 24, 2005) (collectively,
Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 54423
(October 1, 2021).
\3\ See Chlorinated Isocyanurates from Spain and the People's
Republic of China: Final Results of the Third Expedited Sunset
Reviews of the Antidumping Duty Orders, 87 FR 4841 (January 31,
2022), and accompanying Issues and Decision Memorandum.
\4\ See Chlorinated Isocyanurates from China and Spain, 87 FR
79353 (December 27, 2022).
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Scope of the Orders
The products covered by the Orders are chlorinated isos, which are
derivatives of cyanuric acid, described as chlorinated s-triazine
triones. There are three primary chemical compositions of chlorinated
isos: (1) trichloroisocyanuric acid (Cl<INF>3</INF>(NCO)<INF>3</INF>);
(2) sodium dichloroisocyanurate (dehydrate)
(NaCl<INF>2</INF>(NCO)<INF>3</INF>(2H<INF>2</INF>O); and (3) sodium
dichloroisocyanurate (anhydrous) (NaCl<INF>2</INF>(NCO)<INF>3</INF>).
The Orders cover all chlorinated isos. Chlorinated isos are currently
classifiable under subheadings 2933.69.6015, 2933.69.021, 2933.69.6050,
3808.40.5000, 3808.50.4000 and 3808.94.5000 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 isos 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 Orders is dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping, and material injury to an industry in the United
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a),
Commerce hereby orders the continuation of the Orders on chlorinated
isos from China and Spain. U.S. Customs and Border Protection will
continue to collect AD cash deposits at the rates in effect at the time
of entry for all imports of subject merchandise.
The effective date of continuation of the Orders will be the date
of publication in the Federal Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate
the next five-year reviews of the Orders not later than 30 days prior
to the fifth anniversary of the effective date of continuation.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Failure to comply with the regulations and terms of an
APO is a violation which is subject to sanction.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: February 14, 2023.
Lisa W. Wang,
Assistant Secretaryfor Enforcement and Compliance.
[FR Doc. 2023-03652 Filed 2-21-23; 8:45 am]
BILLING CODE 3510-DS-P
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