Notice2023-24810
Chlorinated Isocyanurates From Spain: Final Results of Antidumping Duty Administrative Review; 2021-2022
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 9, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that sales of chlorinated isocyanurates from Spain were made as less than normal value during the period of review (POR) June 1, 2021, through May 31, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 216 (Thursday, November 9, 2023)</title>
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[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Pages 77263-77265]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24810]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-814]
Chlorinated Isocyanurates From Spain: Final 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) determines that
sales of chlorinated isocyanurates from Spain were made as less than
normal value during the period of review (POR) June 1, 2021, through
May 31, 2022.
DATES: Applicable November 9, 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
On July 7, 2023, Commerce published the preliminary results of the
administrative review of the antidumping duty order on chlorinated
isocyanurates (chlorinated isos) from Spain.\1\ For a summary of the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\2\ The sole mandatory respondent in this
administrative review is Ercros S.A. (Ercros). The producers/exporters
not selected for individual examination are listed in the ``Final
Results of Review'' section of this notice.
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\1\ See Chlorinated Isocyanurates from Spain: Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022, 88 FR
43305 (July 7, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Chlorinated Isocyanurates from Spain; 2021-2022,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order \3\
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\3\ 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 Issues and Decision Memorandum.
Analysis of Comments Received
Commerce addressed all issues raised in the case and rebuttal
briefs in the Issues and Decision Memorandum. These issues are
identified in the appendix to this notice. The Issues and Decision
Memorandum is a public document and 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, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our analysis of the comments received, we have made
certain changes to the home market and margin calculations for Ercros
since the Preliminary Results. Specifically, we have revised Ercros'
home market program to include certain movement expenses and revised
the margin program to change currency conversions for inland insurance
and commissions.
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 Tariff
Act of 1930, as amended (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
[[Page 77264]]
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} .'' In this segment of
the proceeding, we calculated a margin for Ercros that was not zero, de
minimis, or based entirely on facts available. Accordingly, we have
applied the margin calculated for Ercros to the non-individually
examined companies.
Final Results of Review
As a result of this administrative review, we determine that the
following weighted-average dumping margins exist 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................................................... 9.05
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Review-Specific Rate Applicable to the Following Companies:
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Industrias Quimicas Tamar S.L................................ 9.05
Electroquimic de Hernani, S.A................................ 9.05
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Disclosure
Commerce intends to disclose the calculations performed for Ercros
in these final results to interested parties within five days of the
date of publication of this notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this administrative
review. 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).
Where the respondent reported reliable entered values, Commerce
calculated importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\4\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to a specific importer or customer
by the total sales quantity associated with those transactions,
Commerce will direct CBP to assess importer- (or customer-) specific
assessment rates based on the resulting per-unit rates.\5\ Where an
importer- (or customer-) specific ad valorem or per-unit rate is
greater than de minimis (i.e., 0.50 percent), Commerce will instruct
CBP to collect the appropriate duties at the time of liquidation.\6\
Where an importer- (or customer-) specific ad valorem or per-unit rate
is zero or de minimis, Commerce will instruct CBP to liquidate
appropriate entries without regard to antidumping duties.\7\
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\4\ See 19 CFR 351.212(b)(1).
\5\ Id.
\6\ Id.
\7\ See 19 CFR 351.106(c)(2).
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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 the respondent
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 of 24.83 percent,\8\ if there is no rate for the
intermediate company(ies) involved in the transaction.\9\ For companies
identified above that were not selected for individual examination, we
will instruct CBP to liquidate entries at the rates established in
these final results of review.
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\8\ See Chlorinated Isocyanurates from Spain: Notice of Final
Determination of Sales at Less Than Fair Value, 70 FR 24506 (May 10,
2005) (Chlorinated Isos from Spain Final Determination).
\9\ 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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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of the final results of this administrative
review 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 in the Federal Register, as provided
by section 751(a)(2)(C) of the Act: (1) for the companies covered by
this review, the cash deposit rate will be the rates listed above in
the section ``Final Results of Review''; (2) for merchandise exported
by producers or exporters not covered in this administrative review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published in a completed
segment for the most recent POR; (3) if the exporter is not a firm
covered in this review or in the original investigation, but the
producer is, the cash deposit rate will be the rate established for the
most recently completed segment of this proceeding for the producer of
the merchandise; and (4) the cash deposit rate for all other producers
or exporters will continue to be 24.83 percent, the all-others rate
established in the investigation.\10\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\10\ See Chlorinated Isos from Spain Final Determination.
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Notification to Importers
This notice 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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
Commerce is issuing and publishing these final results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: November 2, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
[[Page 77265]]
V. Discussion of the Issues
Comment 1: Quarterly Costs
Comment 2: Movement Expenses
Comment 3: Inland Insurance Currency Conversion
Comment 4: Commission Expenses Currency Conversion
VI. Recommendation
[FR Doc. 2023-24810 Filed 11-8-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 9, 2023.
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