Notice2025-19419
Chlorinated Isocyanurates From Spain: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2023-2024
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
October 3, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that sales of chlorinated isocyanurates from Spain were not sold in the United States at less than normal value during the period of review (POR), June 1, 2023, through May 31, 2024. Additionally, Commerce is rescinding this administrative review with respect to two companies under review. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 90 Issue 190 (Friday, October 3, 2025)</title>
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[Federal Register Volume 90, Number 190 (Friday, October 3, 2025)]
[Notices]
[Pages 48044-48046]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19419]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-814]
Chlorinated Isocyanurates From Spain: Preliminary Results and
Partial Rescission of Antidumping Duty Administrative Review; 2023-2024
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 from Spain were not
sold in the United States at less than normal value during the period
of review (POR), June 1, 2023, through May 31, 2024. Additionally,
Commerce is rescinding this administrative review with respect to two
companies under review. We invite interested parties to comment on
these preliminary results.
DATES: Applicable October 3, 2025.
FOR FURTHER INFORMATION CONTACT: Trinity Johnson, 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) 482-0114.
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 isocyanurates from Spain covering
three companies: 1) Ercros S.A. (Ercros); 2) Industrias Qu[iacute]micas
Tamar S.L. (Industrias Quimicas Tamar); and 3) Electroqu[iacute]mica de
Hernani, S.A. (EHER).\1\ On September 9, 2024, we limited the number of
respondents for individual examination in this administrative review to
Ercros, as EHER and Industrias Quimicas Tamar did not have entries of
subject merchandise during the POR.\2\ On December 9, 2024, Commerce
tolled certain deadlines in this administrative proceeding by 90
days.\3\ On April 28, 2025 and June 12, 2025, Commerce extended the
deadline for these preliminary results by a total of 120 days.\4\ The
current deadline for the preliminary results is September 29, 2025. For
a complete description of the events that followed the initiation of
this review, see the Preliminary Decision Memorandum.\5\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 60871 (July 29, 2024).
\2\ See Memorandum, ``Customs Entries from June 1, 2023 through
May 31, 2024,'' dated September 9, 2024.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\4\ See Memoranda, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 28,
2025; and ``Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review,'' dated June 12, 2025.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Chlorinated
Isocyanurates from Spain; 2023-2024,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order <SUP>6</SUP>
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\6\ 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 isocyanurates,
which are derivatives of cyanuric acid, described as chlorinated s-
triazine triones. For a full description of the scope of the Order, see
the Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an AD order where it determines
that there were no suspended entries of subject merchandise during the
POR. Thus, normally, upon completion of an administrative review,
suspended entries of subject merchandise are liquidated at the AD
assessment rate calculated for the review period.\7\ Therefore, for an
administrative review to be conducted, there must be a suspended entry
that Commerce can instruct U.S. Customs and Border Protection (CBP) to
liquidate at the calculated AD assessment rate for the review
period.\8\ Commerce may rescind an administrative review if it
concludes that, during the period covered by the review, there were no
entries, exports, or sales of subject merchandise, as the case may
be.\9\
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\7\ See 19 CFR 351.212(b)(1).
\8\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States,
380 F.Supp.3d 1328, 1335-36 (CIT 2019) (referring to section 741(a)
of the Act, the CIT held that: ``While the statute does not
explicitly require that an entry be suspended as a prerequisite for
establishing entitlement to a review, it does explicitly state the
determined rate will be used as the liquidated rate for the review
entries. This result can only obtain if the liquidation of entries
has been suspended''); see also Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Final Results of Antidumping Duty
Administrative Review And Final Determination of No Shipments; 2018-
2019, 86 FR 36102 (July 8, 2021), and accompanying Issues and
Decision Memorandum at Comment 4; and Solid Fertilizer Grade
Ammonium Nitrate from the Russian Federation: Notice of Rescission
of Antidumping Duty Administrative Review, 77 FR 65532 (October 29,
2012) (noting that ``for an administrative review to be conducted,
there must be a reviewable, suspended entry to be liquidated at the
newly calculated assessment rate'').
\9\ See, e.g., Dioctyl Terephthalate from the Republic of Korea:
Rescission of Antidumping Duty Administrative Review; 2021-2022, 88
FR 24758 (April 24, 2023); see also Certain Carbon and Alloy Steel
Cut-to Length Plate from the Federal Republic of Germany: Recission
of Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January
24, 2023).
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The entry data that Commerce obtained from CBP showed no suspended
entries of subject merchandise from Industrias Quimicas Tamar and EHER.
On October 3, 2024, Commerce notified interested parties of our intent
to rescind this administrative review with respect to these two
companies.\10\ No interested party commented on our intent to rescind
this administrative review with respect to Industrias Quimicas Tamar
and EHER. Therefore, in the absence of any suspended entries of subject
merchandise during the POR Industrias Quimicas Tamar and EHER, Commerce
is rescinding this administrative review with respect to these two
companies, in accordance with 19 CFR 351.213(d)(3) and (4).
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\10\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated October 3, 2025.
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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>.
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, 2023,
through May 31, 2024:
[[Page 48045]]
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Ercros S.A................................................. 0.00
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Disclosure
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).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance.\11\ Pursuant to 19
CFR 351.309(c)(1)(ii), we have modified the deadline for interested
parties to submit case briefs to Commerce no later than 21 days after
the date of the 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.\12\ 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.\13\
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\11\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\12\ 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 Final Rule).
\13\ See 19 CFR 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.\14\ Further,
we request that interested parties limit their 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 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).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ See APO and Service Final Rule.
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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 CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\16\ 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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\16\ 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 the 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.\17\
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\17\ 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 (CIT), 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).
For EHER and Industrias Quimicas Tamar for which Commerce is
rescinding this review, Commerce will instruct CBP to assess
antidumping duties on all appropriate entries at a rate equal to the
cash deposit of estimated antidumping duties required at the time of
entry, or withdrawal from warehouse, for consumption, during the POR in
accordance with 19 CFR 351.212(c)(l)(i). Commerce intends to issue
rescission instructions to CBP no earlier than 35 days after the
publication of these preliminary results in the Federal Register.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of chlorinated isocyanurates 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
company 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 less-than-
fair-value investigation.\18\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\18\ 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).
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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 351.213(h) and 19 CFR 351.221(b)(4).
Dated: September 29, 2025.
Christopher Abbott,
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2025-19419 Filed 10-2-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 3, 2025.
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