Notice2023-14398
Chlorinated Isocyanurates From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
Primary source
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Published
July 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that sales of chlorinated isocyanurates (chlorinated isos) from Spain have been made below normal value during the period of review (POR), June 1, 2021, through May 31, 2022. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 129 (Friday, July 7, 2023)</title>
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[Federal Register Volume 88, Number 129 (Friday, July 7, 2023)]
[Notices]
[Pages 43305-43306]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14398]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-814]
Chlorinated Isocyanurates From Spain: Preliminary Results of
Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that sales of chlorinated isocyanurates (chlorinated isos)
from Spain have been made below normal value during the period of
review (POR), June 1, 2021, through May 31, 2022. We invite interested
parties to comment on these preliminary results.
DATES: Applicable July 7, 2023.
FOR FURTHER INFORMATION CONTACT: Andrew Huston, 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) 482-4261.
SUPPLEMENTARY INFORMATION:
Background
Based on a timely request for review, and in accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated this administrative review of the
antidumping duty order on chlorinated isos from Spain covering three
companies, Ercros S.A. (Ercros), Industrias Quimicas Tamar S.L.
(Industrias Quimicas Tamar), and Electroquimic de Hernani, S.A.
(EHER).\1\ On September 16, 2022, we limited the number of respondents
for individual examination in this administrative review to Ercros.\2\
We did not select Industrias Quimicas Tamar or EHER for individual
examination, and these companies remain subject to this administrative
review. For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\3\
On February 16, 2023, we extended the deadline for these preliminary
results until no later than June 30, 2023.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 48459 (August 9, 2022).
\2\ See Memorandum, ``Administrative Review of Chlorinated
Isocyanurates from Spain: Respondent Selection,'' dated September
16, 2022.
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Chlorinated
Isocyanurates from Spain; 2021-2022,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
\4\ See Memorandum, ``Chlorinated Isocyanurates from Spain:
Extension of Deadline for Preliminary Results of Antidumping Duty
Administrative Review,'' dated February 16, 2023.
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Scope of the Order \5\
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\5\ See Chlorinated Isocyanurates from Spain: Notice of
Antidumping Duty Order, 70 FR 36562 (June 24, 2005) (Order).
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The products covered by the Order are chlorinated isos, which are
derivatives of cyanuric acid, described as chlorinated s-triazine
triones. Chlorinated isos are currently classifiable under subheadings
2933.69.6015, 2933.69.6021, 2933.69.6050, 3808.40.50, 3808.50.40 and
3808.94.5000 of the Harmonized Tariff Schedule of the United States
(HTSUS). The HTSUS subheadings are provided for convenience and customs
purposes only; the written product description of the scope of the
Order is dispositive. For a full description of the scope of the order,
see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). Export price is
calculated in accordance with section 772 of the Act. Normal value is
calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of topics
included in the Preliminary Decision Memorandum is included as an
appendix to this notice. The Preliminary Decision Memorandum is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Non-Individually Examined Companies
For the rate for non-selected companies in an administrative
review, generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in a
market economy investigation. Under section 735(c)(5)(A) of the Act,
the all-others rate is normally ``an amount equal to the weighted
average of the estimated weighted average dumping margins established
for exporters and producers individually investigated, excluding any
zero or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .'' We preliminarily calculated a margin
for Ercros that was not zero, de minimis, or based entirely on facts
available. Accordingly, we have preliminarily applied the margin
calculated for Ercros to the non-individually examined companies.
Preliminary Results of Review
As a result of our review, we preliminarily determine the following
weighted-average dumping margins for the period June 1, 2021, through
May 31, 2022:
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Weighted-
average
Manufacturer/exporter Dumping
Margin
(percent)
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Ercros S.A.................................................. 8.92
Industrias Quimicas Tamar *................................. 8.92
EHER *...................................................... 8.92
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* Non-selected company.
Disclosure and Public Comment
Commerce intends to disclose the calculations used in our analysis
to parties in this review within five days of the date of publication
of this notice in the Federal Register, in accordance with 19 CFR
351.224(b). Interested
[[Page 43306]]
parties are invited to comment on the preliminary results of this
review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may
submit case briefs not later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than seven days after the date for filing
case briefs.\6\ Parties who submit case briefs or rebuttal briefs in
this review are requested to submit with each brief: (1) a statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\7\ Case and rebuttal briefs should be filed using ACCESS
and must be served on interested parties.\8\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\9\
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\6\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March
26, 2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
remain in effect)'').).
\7\ See 19 CFR 351.309(c)(2) and (d)(2).
\8\ See 19 CFR 351.303 (for general filing requirements).
\9\ See 19 CFR 351.303(f).
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Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of the publication of this notice in the Federal
Register. If a hearing is requested, Commerce will notify interested
parties of the hearing schedule. Interested parties who wish to request
a hearing, or to participate if one is requested, must submit a written
request to the Assistant Secretary for Enforcement and Compliance,
filed electronically via ACCESS within 30 days after the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of the issues to be discussed. Issues raised in the
hearing will be limited to those raised in the respective case briefs.
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\10\ If the weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.5 percent), then Commerce will calculate
importer-specific ad valorem antidumping duty assessment rates based on
the ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1). If the weighted-average dumping
margin is zero or de minimis in the final results, or if an importer-
specific assessment rate is zero or de minimis in the final results,
Commerce will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.
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\10\ See 19 CFR 351.212(b).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise that entered the United States
during the POR that were produced by Ercros for which Ercros did not
know that its merchandise was destined to the United States, Commerce
will instruct CBP to liquidate unreviewed entries at the all-others
rate, if there is no rate for the intermediate company(ies) involved in
the transaction.\11\ The final results of this review shall be the
basis for the assessment of antidumping duties on entries of subject
merchandise covered by the final results of this review, where
applicable.
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\11\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of chlorinated isos from Spain entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
under review will be the rate established in the final results of this
review (except, if the rate is zero or de minimis, no cash deposit will
be required); (2) for previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the less-than-
fair-value investigation, but the manufacturer is, the cash deposit
rate will be the rate established for the most recent period for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 24.83 percent, the
all-others rate established in the investigation.\12\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\12\ See Order.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of our
analysis of issues raised by the parties in the written comments,
within 120 days of publication of these preliminary results in the
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
These preliminary results of administrative review are issued and
published in accordance with sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: June 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Companies Not Selected for Individual Examination
V. Discussion of the Methodology
VI. Normal Value
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023-14398 Filed 7-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 7, 2023.
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