Notice2026-18096
Chlorinated Isocyanurates From Spain: Preliminary Results Rescission, in Part of Antidumping Duty Administrative Review; 2024-2025
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
September 3, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Electroqu[iacute]mica de Hernani, S.A. (Hernani) and Ercros, S.A. (Ercros) did not make sales of subject merchandise at less than normal value (NV) during the period of review (POR), June 1, 2024, through May 31, 2025. In addition, we are rescinding the review with respect to Industrias Qu[iacute]micas Tamar, S.L. (Industrias Qu[iacute]micas Tamar). Interested parties are invited to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 91 Issue 170 (Thursday, September 3, 2026)</title>
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[Federal Register Volume 91, Number 170 (Thursday, September 3, 2026)]
[Notices]
[Pages 56623-56625]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18096]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-469-814]
Chlorinated Isocyanurates From Spain: Preliminary Results
Rescission, in Part of Antidumping Duty Administrative Review; 2024-
2025
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Electroqu[iacute]mica de Hernani, S.A. (Hernani) and
Ercros, S.A. (Ercros) did not make sales of subject merchandise at less
than normal value (NV) during the period of review (POR), June 1, 2024,
through May 31, 2025. In addition, we are rescinding the review with
respect to Industrias Qu[iacute]micas Tamar, S.L. (Industrias
Qu[iacute]micas Tamar). Interested parties are invited to comment on
these preliminary results of review.
DATES: Applicable September 3, 2026.
FOR FURTHER INFORMATION CONTACT: Sahar Sandoval or Gorden Struck, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-1107 or (202)
482-8151, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2025, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping duty (AD) order on chlorinated isocyanurates
from Spain.\1\ On September 2, 2025, Commerce notified interested
parties that it intended to rescind this administrative review with
respect to Industrias Qu[iacute]micas Tamar.\2\ On September 16, 2025,
Commerce selected Hernani and Ercros as the mandatory respondents in
this review.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 90 FR 141 (July 25, 2025); see also
Chlorinated Isocyanurates from Spain: Antidumping Duty Order, 70 FR
36562 (June 24, 2005) (Order).
\2\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated September 2, 2025.
\3\ See Memorandum, ``Respondent Selection,'' dated September
16, 2025.
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Due to the lapse in appropriations and Federal Government shutdown,
on November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\4\ Additionally, due to a backlog of documents
that were electronically filed via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic System
(ACCESS) during the Federal Government shutdown, on November 24, 2025,
Commerce tolled all deadlines in administrative proceedings by an
additional 21 days.\5\ On May 7, 2026, we extended the preliminary
results of this review to no later than August 31, 2026.\6\
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\4\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\5\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results,'' dated May 7, 2026.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
A list of the topics discussed in the Preliminary Decision Memorandum
is attached as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
ACCESS, which is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/frnotices">https://access.trade.gov/frnotices</a>.
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\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Chlorinated Isocyanurates from Spain; 2024-2025,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order are chlorinated isocyanurates
from Spain. For a complete description of the scope of the Order, see
the Preliminary Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an AD order where it concludes that
there were no suspended entries of subject merchandise during the
POR.\8\ Normally, upon completion of an administrative review, the
suspended entries are liquidated at the AD assessment rate for the
review period.\9\ Therefore, for an administrative review to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct U.S. Customs and Border Protection (CBP) to liquidate
[[Page 56624]]
at the AD assessment rate calculated for the POR.\10\ Commerce notified
all interested parties of its intent to rescind the instant review
regarding Industrias Qu[iacute]micas Tamar because there were no
reviewable, suspended entries of subject merchandise from this company
during the POR and invited interested parties to comment.\11\ No party
commented on this memorandum. In the absence of any suspended entries
of subject merchandise from this company during the POR, we are
rescinding this administrative review for Industrias Qu[iacute]micas
Tamar, in accordance with 19 CFR 351.213(d)(3).
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\8\ See, e.g., Certain Carbon and Alloy Steel Cut-to Length
Plate from the Federal Republic of Germany: Recission of Antidumping
Administrative Review; 2020-2021, 88 FR 4154 (January 24, 2023).
\9\ See 19 CFR 351.212(b)(1).
\10\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States,
380 F.Supp.3d 1328, 1337 (CIT 2019), at 12 (referring to section
751(a) of the Act, the U.S. Court of International Trade held that
``{w{time} hile 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 liquidation rate for the reviewed 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, 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'').
\11\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated September 2, 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. NV 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.
Preliminary Results of Review
As a result of this review, we preliminarily determine the
following estimated weighted-average dumping margin exists for the
period June 1, 2024, through May 31, 2025:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Electroqu[iacute]mica de Hernani, S.A....................... 0.00
Ercros, S.A................................................. 0.00
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon in making its final results.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this review. 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\ All briefs must be
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety in ACCESS by 5:00 p.m.
Eastern Time on the established deadline.
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\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 Procedures).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
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
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).\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 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 by 5:00 p.m. Eastern Time 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 whether any participant is a foreign national; and (3) a list of
issues to be discussed. Oral presentations at the hearing will be
limited to issues raised in the briefs. If a request for a hearing is
made, Commerce will inform parties of the scheduled date for the
hearing.\16\
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\16\ See 19 CFR 351.310(d).
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1), Commerce will determine, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review.
If Hernani's and/or Ecros' weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.50 percent) in the final results
of this review, Commerce intends to calculate importer-specific
assessment rates on the basis of the ratio of the total amount of
dumping calculated for each importer's examined sales to the total
entered value of those sales. Where we do not have entered values for
all U.S. sales to a particular importer, we will calculate an importer-
specific, per-unit assessment rate on the basis of the ratio of the
total amount of dumping calculated for the importer's examined sales to
the total quantity of those sales.\17\ To determine whether an
importer-specific, per-unit assessment rate is de minimis, in
accordance with 19 CFR 351.106(c)(2), we also will calculate an
importer-specific ad valorem ratio based on estimated entered values.
If Hernani's and/or Ecros' weighted-average dumping margins are zero or
de minimis or where an importer-specific ad valorem assessment rate is
zero or de minimis, we will instruct CBP to liquidate appropriate
entries without regard to antidumping duties.\18\
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\17\ See 19 CFR 351.212(b)(1).
\18\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Hernani
or Ecros for which they did not know that the merchandise was destined
for the
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United States, we intend to instruct CBP to liquidate those entries at
the all-others rate calculated in the less-than-fair-value (LTFV)
investigation if there is no rate for the intermediate company(ies)
involved in the transaction.\19\
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\19\ 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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For the company listed above for which the review is being
rescinded, Commerce will instruct CBP to assess antidumping duties on
all appropriate entries. Antidumping duties shall be assessed at rates
equal to the cash deposit rate for estimated antidumping duties
required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce
intends to issue rescission instructions to CBP no earlier than 35 days
after the date of publication of this notice in the Federal Register.
Commerce intends to issue assessment instructions to CBP regarding
Hernani and Ercros 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 the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
listed above will be that established in the final results of this
review, except if the rate is less than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR 351.106(c)(1), in which case the
cash deposit rate will be zero; (2) for previously investigated or
reviewed companies not covered by this review, the cash deposit rate
will continue to be the company-specific cash deposit rate published
for the most recently completed segment of this proceeding in which the
company participated; (3) if the exporter is not a firm covered in this
review, or the LTFV investigation, but the manufacturer is, then the
cash deposit rate will be the rate established for the most recent
segment 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 LTFV
investigation.\20\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\20\ See Order.
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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
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: August 31, 2026.
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. 2026-18096 Filed 9-2-26; 8:45 am]
BILLING CODE 3510-DS-P
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