80 FR 39060 - Chlorinated Isocyanurates From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 130 (July 8, 2015)
International Trade Administration
Federal Register Volume 80, Issue 130 (July 8, 2015)
| Page Range | 39060-39062 | |
| FR Document | 2015-16733 |
[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)] [Notices] [Pages 39060-39062] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16733] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-898] Chlorinated Isocyanurates From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013- 2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on chlorinated isocyanurates (chlorinated isos) from the People's Republic of China (PRC). The period of review (POR) is June 1, 2013, through May 31, 2014. This administrative review covers three producers/exporters: (1) Heze Huayi Chemical Co. Ltd. (Heze Huayi); (2) Hebei Jiheng Chemical Co., Ltd.(Jiheng); and (3) Juancheng Kangtai Chemical Co., Ltd. (Kangtai). We preliminarily determine that Jiheng made sales in the United States at prices below normal value (NV), and that Heze Huayi and Kangtai did not. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: July 8, 2015. FOR FURTHER INFORMATION CONTACT: Sean Carey, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., [[Page 39061]] Washington, DC 20230; telephone: (202) 482-3964. SUPPLEMENTARY INFORMATION: Scope of the Order The products covered by the order are chlorinated isos, which are derivatives of cyanuric acid, described as chlorinated s-triazine triones.\1\ 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. --------------------------------------------------------------------------- \1\ For a complete description of the Scope of the Order, see Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Decision Memorandum for the Preliminary Results of the 2013-2014 Antidumping Duty Administrative Review: Chlorinated Isocyanurates from the People's Republic of China,'' dated concurrently with this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Methodology The Department is conducting this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). Export and Constructed Export prices have been calculated in accordance with section 772 of the Act. Because the PRC is a non-market economy within the meaning of section 771(18) of the Act, normal value has been calculated in accordance with section 773(c) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum, which is hereby adopted by this notice. A list of the topics included in the Preliminary Decision Memorandum is included as an appendix to this notice. The Preliminary 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 http://access.trade.gov and in the Department's Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review The Department preliminarily determines that the following weighted-average dumping margins exist for the period of June 1, 2013 through May 31, 2014: ------------------------------------------------------------------------ Weight-average Exporter dumping margin percentage ------------------------------------------------------------------------ Heze Huayi Chemical Co., Ltd............................ 0.00 Hebei Jiheng Chemical Co., Ltd.......................... 1.38 Juancheng Kangtai Chemical Co., Ltd..................... 0.00 ------------------------------------------------------------------------ Disclosure and Public Comment The Department intends to disclose calculations performed for these preliminary results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Because, as noted above, the Department intends to verify the information upon which we will rely in making our final determination, the Department will establish the briefing schedule at a later time, and will notify parties of the schedule in accordance with 19 CFR 351.309. Parties who submit case briefs or rebuttal briefs in this proceeding are requested to submit with each with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\2\ --------------------------------------------------------------------------- \2\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), 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, within 30 days of the date of publication of this notice.\3\ 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 and rebuttal briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.\4\ --------------------------------------------------------------------------- \3\ See 19 CFR 351.310(c). \4\ See 19 CFR 351.310(d). --------------------------------------------------------------------------- Assessment Rates Upon issuing the final results of this review, the Department shall determine, and U.S. Customs and Border Protection (``CBP'') shall assess, antidumping duties on all appropriate entries covered by this review.\5\ The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of this review. --------------------------------------------------------------------------- \5\ See 19 CFR 351.212(b)(1). --------------------------------------------------------------------------- In accordance with 19 CFR 351.212(b)(1), we are calculating importer- (or customer-) specific assessment rates for the merchandise subject to this review. For any individually examined respondent whose weighted-average dumping margin is above de minimis (i.e., 0.50 percent), the Department will calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer's examined sales and the total entered value of sales.\6\ We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer- specific assessment rate is above de minimis. Where either the respondent's weighted-average dumping margin is zero or de minimis, or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. --------------------------------------------------------------------------- \6\ See Antidumping Proceedings: Calculation of the Weighted- Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). --------------------------------------------------------------------------- For entries that were not reported in the U.S. sales database submitted by an exporter individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. Additionally, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number will be liquidated at the PRC-wide rate.\7\ --------------------------------------------------------------------------- \7\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be the rate established [[Page 39062]] in the final results of this review (except, if the rate is zero or de minimis, a zero cash deposit rate will be required for that company); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the existing producer/exporter-specific combination rate published for the most recent period; (3) for all PRC exporters of subject merchandise that have not been found to be eligible for a separate rate, the cash deposit rate will be the PRC-wide rate of 285.63 percent; \8\ and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \8\ See Notice of Final Determination of Sales at Less Than Fair Value: Chlorinated Isocyanurates From the People's Republic of China, 70 FR 24502, 24505 (May 10, 2005). --------------------------------------------------------------------------- Notification to Importers This notice also serves as a 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 review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 19 CFR 351.221(b)(4). Dated: June 30, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Non-Market Economy Country Status 5. Separate Rates 6. Surrogate Country 7. Date of Sale 8. Fair Value Comparisons 9. Factor Valuation Methodology 10. Surrogate Values 11. Comparisons to Normal Value 12. Adjustments for Countervailable Subsidies 13. Currency Conversion [FR Doc. 2015-16733 Filed 7-7-15; 8:45 am] BILLING CODE 3510-DS-P
![39060 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices
information submitted to the 4) Q. I understand that the docket on FOIA regulations, including the
Departments in this matter. the www.regulations.gov will be submitter notice process outlined in
Dated: July 1, 2015.
accessible to the public. Is the public Executive Order 12,600. Each
docket the only means by which I can Department will follow its normal FOIA
Marcus Jadotte,
provide information? procedures as to requests received.
Assistant Secretary for Industry and Analysis,
Department of Commerce. A. While the preference is for written 7) Q. In the May 5, 2015 notice, the
submissions to be made available to the Departments did not establish a
Dated: July 1, 2015.
public, the establishment of the joint deadline for comments, but said that
Thomas Engle, docket is not intended to foreclose other materials should be submitted as soon
Deputy Assistant Secretary for Transportation means of communication with the three as is practicable. Why has this changed
Affairs, Department of State. Departments and U.S. government and how will materials submitted after
Dated: July 1, 2015. officials. Please note that the materials the new deadlines be treated?
Brandon Belford, in the dockets will not be edited to
A. The Departments have received
Deputy Assistant Secretary for Aviation and remove identifying or contact
considerable information from
International Affairs, Department of information, and the Departments
stakeholders to date. In order to be
Transportation. caution against including any
responsive to all stakeholders, the
information in an electronic submission
Supplemental Questions & Answers for Departments are proceeding with review
that one does not want publicly
Information Docket of submissions but are providing further
disclosed.
opportunity for stakeholders to submit
1) Q. The Departments say that review 5) Q. How do I submit information that materials for the Departments’ review.
of the new material will begin towards I believe to be confidential information? Please refer to the Federal Register
the end of May. What do the three A. Please refer to the Federal Register notice for deadlines.
Departments intend to do with this notice for the procedure. The
[FR Doc. 2015–16648 Filed 7–7–15; 8:45 am]
material? Departments request that submitters of BILLING CODE 3510–DR–P
A. We are asking for stakeholder input information that the submitter believes
on this matter to supplement the to be exempt from disclosure under the DEPARTMENT OF COMMERCE
Freedom of Information Act (FOIA)
information that we are already
(hereafter ‘‘Confidential Information’’) International Trade Administration
reviewing and considering. No decision
(such as trade secrets and commercial or
has been made on next steps. financial information obtained from a [A–570–898]
2) Q. When will the joint docket on person that is privileged or
www.regulations.gov close for confidential), including those who have Chlorinated Isocyanurates From the
submissions? previously submitted Confidential People’s Republic of China:
Information, include a non-confidential Preliminary Results of Antidumping
A. Information provided in response version (either redacted or summarized) Duty Administrative Review; 2013–
to the Departments’ May 5, 2015 notice of those confidential submissions in the 2014
must be submitted to the dockets by public dockets. In the event that the
AGENCY: Enforcement and Compliance,
11:59 p.m. Eastern Daylight Time (EDT) submitter cannot provide a non-
International Trade Administration,
on August 3, 2015. Additional materials confidential version of its submission,
Department of Commerce.
commenting on information submitted the Departments request that the
SUMMARY: The Department of Commerce
to the dockets must be submitted by submitter post a notice in the dockets
(the Department) is conducting an
11:59 p.m. EDT on August 24, 2015. The stating that it has provided the
administrative review of the
Departments may, at their discretion, Departments with Confidential
antidumping duty order on chlorinated
establish additional deadlines for Information. Should a submitter fail to
isocyanurates (chlorinated isos) from
submission of further materials to the docket either a non-confidential version
the People’s Republic of China (PRC).
dockets. To ensure that their views are of its submission or to post a notice that
The period of review (POR) is June 1,
considered, stakeholders should provide Confidential Information has been
2013, through May 31, 2014. This
provided, the Departments will note the
a written submission to the administrative review covers three
receipt of the submission on the
Departments. producers/exporters: (1) Heze Huayi
dockets, including for submissions
Chemical Co. Ltd. (Heze Huayi); (2)
3) Q. The April 10 press release refers already received, with the submitter’s
Hebei Jiheng Chemical Co., Ltd.(Jiheng);
to the Administration’s Open organization or name (to the degree
and (3) Juancheng Kangtai Chemical
Government Initiative. Does the open permitted by law) and the date of
Co., Ltd. (Kangtai). We preliminarily
and transparent character of this forum submission.
determine that Jiheng made sales in the
mean that anyone can file anything? 6) Q. How will the Departments handle United States at prices below normal
Freedom of Information (FOIA) requests value (NV), and that Heze Huayi and
A. The Departments are not interested
for materials provided by stakeholders Kangtai did not. Interested parties are
in limiting the scope of what the public
and identified as ‘‘Confidential invited to comment on these
may offer in terms of submissions. preliminary results.
Information’’?
srobinson on DSK5SPTVN1PROD with NOTICES
There is no specific constraint on the
A. As noted in the Federal Register DATES: Effective Date: July 8, 2015.
material that interested stakeholders
may submit. Of course, we expect that notice, the Departments will process FOR FURTHER INFORMATION CONTACT:
the submissions will be relevant, and FOIA requests for information Sean Carey, AD/CVD Operations, Office
we encourage thoughtful insights and submitted regarding the Gulf Carriers VII, Enforcement and Compliance,
analysis. matter and marked ‘‘Confidential International Trade Administration,
Information’’ in accordance with the U.S. Department of Commerce, 14th
FOIA and the Departments’ respective Street and Constitution Avenue NW.,
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![39062 Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices
in the final results of this review 13. Currency Conversion Written comments and
(except, if the rate is zero or de minimis, [FR Doc. 2015–16733 Filed 7–7–15; 8:45 am] recommendations for the proposed
a zero cash deposit rate will be required BILLING CODE 3510–DS–P information collection should be sent
for that company); (2) for previously within 30 days of publication of this
investigated or reviewed PRC and non- notice to OIRA_Submission@
PRC exporters not listed above that have DEPARTMENT OF COMMERCE omb.eop.gov or fax to (202) 395–5806.
separate rates, the cash deposit rate will
National Oceanic and Atmospheric Sarah Brabson,
continue to be the existing producer/
Administration NOAA PRA Clearance Officer.
exporter-specific combination rate
published for the most recent period; (3) [FR Doc. 2015–16670 Filed 7–7–15; 8:45 am]
Submission for OMB Review;
for all PRC exporters of subject Comment Request
BILLING CODE 3510–22–P
merchandise that have not been found
to be eligible for a separate rate, the cash The Department of Commerce will
deposit rate will be the PRC-wide rate submit to the Office of Management and DEPARTMENT OF COMMERCE
of 285.63 percent; 8 and (4) for all non- Budget (OMB) for clearance the
following proposal for collection of National Oceanic and Atmospheric
PRC exporters of subject merchandise Administration
which have not received their own rate, information under the provisions of the
the cash deposit rate will be the rate Paperwork Reduction Act (44 U.S.C.
RIN 0648–XD870
applicable to the PRC exporter(s) that chapter 35).
supplied that non-PRC exporter. These Agency: National Oceanic and Takes of Marine Mammals Incidental to
deposit requirements, when imposed, Atmospheric Administration (NOAA). Specified Activities; Taking Marine
shall remain in effect until further Title:
Mammals Incidental to Shallow
notice. OMB Control Number: 0648–0228.
Form Number(s): None. Geohazard Survey in the Beaufort Sea,
Notification to Importers Type of Request: Regular (extension of Alaska
a currently approved information AGENCY: National Marine Fisheries
This notice also serves as a reminder collection).
to importers of their responsibility Service (NMFS), National Oceanic and
Number of Respondents: 1. Atmospheric Administration (NOAA),
under 19 CFR 351.402(f)(2) to file a Average Hours per Response: 30
certificate regarding the reimbursement Commerce.
minutes.
of antidumping duties prior to ACTION: Notice; issuance of an incidental
Burden Hours: 1.
liquidation of the relevant entries Needs and Uses: This request is for take authorization.
during this review period. Failure to extension of a currently approved SUMMARY: In accordance with the
comply with this requirement could information collection. Marine Mammal Protection Act
result in the Department’s presumption Regulations at 50 CFR part 300, (MMPA) regulations, notification is
that reimbursement of antidumping subpart J, govern U.S. fishing in the hereby given that NMFS has issued an
duties occurred and the subsequent Economic Zone of the Russian Incidental Harassment Authorization
assessment of double antidumping Federation. Russian authorities may (IHA) to Hilcorp Alaska, LLC (Hilcorp)
duties. permit U.S. fishermen to fish for to take, by harassment, small numbers
We are issuing and publishing these allocations of surplus stocks in the of marine mammals incidental to a
results in accordance with sections Russian Economic Zone. Permit shallow geohazard survey in the
751(a)(1) and 777(i)(1) of the Act and 19 application information is sent to the Beaufort Sea, Alaska, during the 2015
CFR 351.213 and 19 CFR 351.221(b)(4). National Marine Fisheries Service Arctic open-water season.
(NMFS) for transmission to Russia. If
Dated: June 30, 2015. DATES: Effective July 1, 2015, through
Russian authorities issue a permit, the
Paul Piquado, vessel owner or operator must submit a September 30, 2015.
Assistant Secretary for Enforcement and permit abstract report to NMFS, and ADDRESSES: Inquiry for information on
Compliance. also report 24 hours before leaving the the incidental take authorization should
U.S. Exclusive Economic Zone (EEZ) for be addressed to Jolie Harrison, Chief,
Appendix
the Russian Economic Zone and 24 Permits and Conservation Division,
List of Topics Discussed in the Preliminary hours before re-entering the U.S. EEZ Office of Protected Resources, National
Decision Memorandum after being in the Russian Economic Marine Fisheries Service, 1315 East
1. Summary Zone. West Highway, Silver Spring, MD
2. Background The permit application information is 20910. A copy of the application
3. Scope of the Order used by Russian authorities to containing a list of the references used
4. Non-Market Economy Country Status determine whether to issue a permit. in this document, NMFS’
5. Separate Rates NMFS uses the other information to Environmental Assessment (EA) and
6. Surrogate Country help ensure compliance with Russian Finding of No Significant Impact
7. Date of Sale and U.S. fishery management (FONSI), and the IHA may be obtained
8. Fair Value Comparisons by writing to the address specified
regulations.
9. Factor Valuation Methodology above, telephoning the contact listed
Affected Public: Business or other for-
10. Surrogate Values below (see FOR FURTHER INFORMATION
srobinson on DSK5SPTVN1PROD with NOTICES
profit organizations.
11. Comparisons to Normal Value
Frequency: On occasion. CONTACT), or visiting the Internet at:
12. Adjustments for Countervailable
Respondent’s Obligation: Mandatory. http://www.nmfs.noaa.gov/pr/permits/
Subsidies
This information collection request incidental.htm#applications.
8 See Notice of Final Determination of Sales at
may be viewed at reginfo.gov. Follow Documents cited in this notice may be
Less Than Fair Value: Chlorinated Isocyanurates
the instructions to view Department of viewed, by appointment, during regular
From the People’s Republic of China, 70 FR 24502, Commerce collections currently under business hours, at the aforementioned
24505 (May 10, 2005). review by OMB. address.
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Document Created: 2018-02-23 09:12:42
Document Modified: 2018-02-23 09:12:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective Date: July 8, 2015. | |
| Contact | Sean Carey, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3964. | |
| FR Citation | 80 FR 39060 |
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