Notice2024-14834
Chlorinated Isocyanurates From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
Primary source
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Published
July 9, 2024
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 were not sold in the United States at less than normal value during the period of review (POR), June 1, 2022, through May 31, 2023. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 131 (Tuesday, July 9, 2024)</title>
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[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
[Notices]
[Pages 56295-56297]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14834]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-814]
Chlorinated Isocyanurates From Spain: Preliminary Results of
Antidumping Duty Administrative Review; 2022-2023
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 were not sold in the United States at less than normal value
during the period of review (POR), June 1, 2022, through May 31, 2023.
We invite interested parties to comment on these preliminary results.
DATES: Applicable July 9, 2024.
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 Electroquimica de Hernani, S.A.
(EHER).\1\ On January 23, 2024, we limited the number of respondents
for individual examination in this administrative review to Ercros and
EHER.\2\ We did not select Industrias Quimicas Tamar for individual
examination, and this company remains 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 6, 2024, we extended the deadline for these preliminary
results until no later than June 27, 2024.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 51271 (August 3, 2023).
\2\ See Memorandum, ``Respondent Selection,'' dated January 23,
2024.
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Chlorinated
Isocyanurates from Spain; 2022-2023,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated February
6, 2024.
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Scope of the Order <SUP>5</SUP>
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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. For a full description of the scope of the
[[Page 56296]]
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>.
Rate for Non-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} .''
Where the dumping margin for individually examined respondents are
all zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method to establish the estimated all-others rate for exporters and
producers not individually investigated, including averaging the
estimated weighted average dumping margins determined for the exporters
and producers individually investigated.''
In this review, we calculated a weighted-average dumping margins
for Ercros and EHER that are zero and we did not calculate any margins
which are not zero, de minimis, or determined entirely on the basis of
facts available. Therefore, consistent with section 735(c)(5)(B) of the
Act, we are applying to Industrias Quimicas Tamar, the company not
selected for individual examination in this review, a margin of zero
percent.
Preliminary Results of Review
As a result of our review, we preliminarily determine the following
estimated weighted-average dumping margins for the period June 1, 202,
through May 31, 2023:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Ercros S.A.................................................. 0.00
Electroquimica de Hernani, S.A.............................. 0.00
Industrias Quimicas Tamar S.L............................... 0.00
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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).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no 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 not later than five days after the date for filing
case briefs.\6\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\7\
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\6\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\7\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\8\ Further, we
request that interested parties limit their public executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\9\
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\8\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\9\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.
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 each respondent for which it 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\
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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 27, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. 2024-14834 Filed 7-8-24; 8:45 am]
BILLING CODE 3510-DS-P
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