81_FR_86156 81 FR 85927 - Chlorinated Isocyanurates From Spain and the People's Republic of China: Continuation of the Antidumping Duty Orders

81 FR 85927 - Chlorinated Isocyanurates From Spain and the People's Republic of China: Continuation of the Antidumping Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 229 (November 29, 2016)

Page Range85927-85928
FR Document2016-28702

The Department of Commerce (the Department) and the International Trade Commission (the ITC) have determined that revocation of the antidumping duty (AD) orders on chlorinated isocyanurates (chlorinated isos) from Spain and the People's Republic of China (PRC) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States. Therefore, the Department is publishing a notice of continuation for these AD orders.

Federal Register, Volume 81 Issue 229 (Tuesday, November 29, 2016) 
[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Notices]
[Pages 85927-85928]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28702]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-814 and A-570-898]


Chlorinated Isocyanurates From Spain and the People's Republic of 
China: Continuation of the Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) and the 
International Trade Commission (the ITC) have determined that 
revocation of the antidumping duty (AD) orders on chlorinated 
isocyanurates (chlorinated isos) from Spain and the People's Republic 
of China (PRC) would likely lead to continuation or recurrence of 
dumping and material injury to an industry in the United States. 
Therefore, the Department is publishing a notice of continuation for 
these AD orders.

DATES: Effective November 29, 2016.

FOR FURTHER INFORMATION CONTACT: Chien-Min Yang or Jacqueline 
Arrowsmith, 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-
5484 or (202) 482-5255, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the antidumping duty orders on chlorinated 
isos from Spain and the PRC on June 24, 2005.\1\ On September 1, 2015, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act), the Department initiated sunset reviews of the antidumping duty 
orders on chlorinated isos from Spain and the PRC.\2\ On September 11, 
2015, the Department received a notice of intent to participate from 
Clearon Corporation (Clearon), Occidental Chemical Corporation 
(OxyChem), and Bio-Lab, Inc. (Bio-Lab), (collectively, the 
petitioners), within the deadline specified in 19 CFR 351.218(d)(1)(i). 
Petitioners are manufacturers of a domestic like product in the United 
States and, accordingly, are domestic interested parties pursuant to 
section 771(9)(C) of the Act.
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    \1\ See Chlorinated Isocyanurates from Spain: Notice of 
Antidumping Duty Order, 70 FR 36562 (June 24, 2005). (``Spain 
Order''); see also Notice of Antidumping Duty Order: Chlorinated 
Isocyanurates from the People's Republic of China, 70 FR 36561 (June 
24, 2005) (``PRC Order'').
    \2\ See Initiation of Five-Year (``Sunset'') Review, 78 FR 60253 
(October 1, 2013).
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    On October 1, 2015, the Department received an adequate substantive 
response to the notice of initiation from the domestic interested 
parties within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). The Department did not receive any responses from the 
respondent interested parties, i.e., chlorinated isos producers and 
exporters from Spain or the PRC. On the basis of the notice of intent 
to participate and adequate substantive response filed by the 
petitioners and the inadequate response from any respondent interested 
party, the Department conducted expedited sunset reviews of these 
orders pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C).
    As a result of its reviews, the Department determined that 
revocation of the AD orders from Spain and the PRC would likely lead to 
continuation or recurrence of the dumping. Therefore, the Department 
notified the ITC of the magnitude of the margins likely to prevail 
should the orders be revoked, pursuant to sections 751(c)(1) and 752(b) 
and (c) of the Act.\3\
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    \3\ See Chlorinated Isocyanurates From Spain and the People's 
Republic of China: Final Results of the Expedited Sunset Reviews of 
the Antidumping Duty Orders, 81 FR 461, (January 6, 2016).
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    On November 22, 2016, the ITC published its determination that 
revocation of the AD orders on chlorinated isos from Spain and the PRC 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable time, 
pursuant to section 751(c) of the Act.\4\
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    \4\ See Chlorinated Isocynurates from China and Spain; 
Determinations, 81 FR 83871 (November 22, 2016).
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Scope of the Orders

    The products covered by the orders are chlorinated isos, which are 
derivatives of cyanuric acid, described as chlorinated s-triazine 
triones. There are three primary chemical compositions of chlorinated 
isos: (1) Trichloroisocyanuric acid (Cl3(NCO)3), 
(2) sodium dichloroisocyanurate (dehydrate) (NaCl2 
(NCO)3(2H2O), and (3) sodium dichloroisocyanurate 
(anhydrous) (Nacl2(NCO)3). The orders cover all 
chlorinated isos. Chlorinated isos are currently classifiable under 
subheadings 2933.69.6015, 2933.69.021, 2933.69.6050, 3808.40.5000, 
3808.50.4000 and 3808.94.5000 of the Harmonized Tariff Schedule of the 
United States (``HTSUS''). The tariff classification 2933.69.6015 
covers sodium cichloroisocyanurates (anhydrous and dehydrate forms) and 
trichloroisocyanuric acid. The tariff classifications 2933.69.6021 and 
2933.69.6050 represent basket categories that include chlorinated isos 
and other compounds including an unfused triazine ring. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of this order is dispositive.

Continuation of the Orders

    As a result of the determinations by the Department and the ITC 
that revocation of the AD orders would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 75l(d)(2) of the Act and 19 CFR 351.218(a), 
the

[[Page 85928]]

Department hereby orders the continuation of the AD orders on 
chlorinated isocyanurates from Spain and the PRC. U.S. Customs and 
Border Protection will continue to collect AD cash deposits at the 
rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of the continuation of the AD orders will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), the Department intends to initiate the next five-year 
review of these orders not later than 30 days prior to the fifth 
anniversary of the effective date of this continuation notice.
    These five-year sunset reviews and this notice are in accordance 
with section 751(c) and 751(d)(2) of the Act and published pursuant to 
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.
    This five-year (sunset) review and notice are in accordance with 
section 751(c) and published pursuant to 777(i) of the Act, and 19 CFR 
351.218(f)(4).

    Dated: November 23, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-28702 Filed 11-28-16; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices 85927 making it clear which information is Republic of China (PRC) would likely As a result of its reviews, the required and which is optional, and by lead to continuation or recurrence of Department determined that revocation essentially walking complainants dumping and material injury to an of the AD orders from Spain and the through the process, step-by-step. As industry in the United States. Therefore, PRC would likely lead to continuation noted above, over 90 percent of all ABA the Department is publishing a notice of or recurrence of the dumping. complaints are submitted using the continuation for these AD orders. Therefore, the Department notified the online form, though the Access Board DATES: Effective November 29, 2016. ITC of the magnitude of the margins continues to accept written complaints FOR FURTHER INFORMATION CONTACT: likely to prevail should the orders be (without the use of any form) submitted Chien-Min Yang or Jacqueline revoked, pursuant to sections 751(c)(1) by email, mail, or fax for complainants Arrowsmith, AD/CVD Operations, and 752(b) and (c) of the Act.3 who prefer or need to use these filing Office VII, Enforcement and On November 22, 2016, the ITC methods. Compliance, International Trade published its determination that Respondents: Individuals. Administration, U.S. Department of revocation of the AD orders on Estimated Number of Responses: 200 Commerce, 1401 Constitution Avenue chlorinated isos from Spain and the PRC responses annually. NW., Washington, DC 20230; telephone: would likely lead to continuation or Frequency of Responses: Nearly all (202) 482–5484 or (202) 482–5255, recurrence of material injury to an complainants only ever file one ABA respectively. industry in the United States within a complaint. Approximately 200 reasonably foreseeable time, pursuant to SUPPLEMENTARY INFORMATION: section 751(c) of the Act.4 individuals file ABA complaints with the Access Board each year. Background Scope of the Orders Estimated Total Annual Burden on The Department published the The products covered by the orders Respondents: Each Online ABA antidumping duty orders on chlorinated are chlorinated isos, which are Complaint Form takes approximately 30 isos from Spain and the PRC on June 24, derivatives of cyanuric acid, described minutes to complete, for a total of 100 2005.1 On September 1, 2015, pursuant hours annually (200 complaints × .5 to section 751(c) of the Tariff Act of as chlorinated s-triazine triones. There hours). There is no financial burden on are three primary chemical 1930, as amended (the Act), the compositions of chlorinated isos: (1) complainants. Department initiated sunset reviews of Trichloroisocyanuric acid (Cl3(NCO)3), Comments Requested the antidumping duty orders on (2) sodium dichloroisocyanurate Comments are invited on (a) whether chlorinated isos from Spain and the (dehydrate) (NaCl2 (NCO)3(2H2O), and PRC.2 On September 11, 2015, the (3) sodium dichloroisocyanurate the proposed collection of information Department received a notice of intent (anhydrous) (Nacl2(NCO)3). The orders is necessary for the proper performance to participate from Clearon Corporation cover all chlorinated isos. Chlorinated of the functions of the agency, including (Clearon), Occidental Chemical isos are currently classifiable under whether the information will have Corporation (OxyChem), and Bio-Lab, practical utility; (b) the accuracy of the subheadings 2933.69.6015, 2933.69.021, Inc. (Bio-Lab), (collectively, the estimated burden of the proposed 2933.69.6050, 3808.40.5000, petitioners), within the deadline collection of information; (c) ways to 3808.50.4000 and 3808.94.5000 of the specified in 19 CFR 351.218(d)(1)(i). enhance the quality, utility, and clarity Harmonized Tariff Schedule of the Petitioners are manufacturers of a of the information from respondents; United States (‘‘HTSUS’’). The tariff domestic like product in the United and (d) ways to minimize the burden of classification 2933.69.6015 covers States and, accordingly, are domestic the collection of information on those sodium cichloroisocyanurates interested parties pursuant to section who are to respond. (anhydrous and dehydrate forms) and 771(9)(C) of the Act. On October 1, 2015, the Department trichloroisocyanuric acid. The tariff David M. Capozzi, received an adequate substantive classifications 2933.69.6021 and Executive Director. 2933.69.6050 represent basket categories [FR Doc. 2016–28743 Filed 11–28–16; 8:45 am] response to the notice of initiation from the domestic interested parties within that include chlorinated isos and other BILLING CODE P the 30-day deadline specified in 19 CFR compounds including an unfused 351.218(d)(3)(i). The Department did triazine ring. Although the HTSUS not receive any responses from the subheadings are provided for DEPARTMENT OF COMMERCE respondent interested parties, i.e., convenience and customs purposes, the chlorinated isos producers and written description of the scope of this International Trade Administration order is dispositive. exporters from Spain or the PRC. On the [A–469–814 and A–570–898] basis of the notice of intent to Continuation of the Orders participate and adequate substantive Chlorinated Isocyanurates From Spain As a result of the determinations by response filed by the petitioners and the and the People’s Republic of China: the Department and the ITC that inadequate response from any Continuation of the Antidumping Duty respondent interested party, the revocation of the AD orders would Orders Department conducted expedited sunset likely lead to a continuation or reviews of these orders pursuant to recurrence of dumping and material AGENCY: Enforcement and Compliance, injury to an industry in the United International Trade Administration, section 751(c)(3)(B) of the Act and 19 asabaliauskas on DSK3SPTVN1PROD with NOTICES CFR 351.218(e)(1)(ii)(C). States, pursuant to section 75l(d)(2) of Department of Commerce. the Act and 19 CFR 351.218(a), the SUMMARY: The Department of Commerce 1 See Chlorinated Isocyanurates from Spain: (the Department) and the International Notice of Antidumping Duty Order, 70 FR 36562 3 See Chlorinated Isocyanurates From Spain and Trade Commission (the ITC) have (June 24, 2005). (‘‘Spain Order’’); see also Notice of the People’s Republic of China: Final Results of the determined that revocation of the Antidumping Duty Order: Chlorinated Expedited Sunset Reviews of the Antidumping Duty Isocyanurates from the People’s Republic of China, Orders, 81 FR 461, (January 6, 2016). antidumping duty (AD) orders on 70 FR 36561 (June 24, 2005) (‘‘PRC Order’’). 4 See Chlorinated Isocynurates from China and chlorinated isocyanurates (chlorinated 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 78 Spain; Determinations, 81 FR 83871 (November 22, isos) from Spain and the People’s FR 60253 (October 1, 2013). 2016). 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85928 Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices Department hereby orders the 2016. Interested parties are invited to Methodology continuation of the AD orders on comment on this preliminary The Department is conducting this chlorinated isocyanurates from Spain determination. countervailing duty (CVD investigation and the PRC. U.S. Customs and Border in accordance with section 701 of the Protection will continue to collect AD DATES: Effective November 29, 2016. Tariff Act of 1930 (the Act). For each of cash deposits at the rates in effect at the FOR FURTHER INFORMATION CONTACT: the subsidy programs found time of entry for all imports of subject Emily Maloof or Davina Friedmann, countervailable, we preliminarily merchandise. AD/CVD Operations, Enforcement and determine that there is a subsidy (i.e., a The effective date of the continuation Compliance, International Trade financial contribution by an ‘‘authority’’ of the AD orders will be the date of Administration, U.S. Department of that gives rise to a benefit to the publication in the Federal Register of Commerce, 14th Street and Constitution recipient) and that the subsidy is this notice of continuation. Pursuant to Avenue NW., Washington, DC 20230; specific.3 For a full description of the section 751(c)(2) of the Act and 19 CFR telephone: (202) 482–5649 or (202) 482– methodology underlying our 351.218(c)(2), the Department intends to 0698, respectively. preliminary conclusions, see the initiate the next five-year review of Preliminary Decision Memorandum. these orders not later than 30 days prior SUPPLEMENTARY INFORMATION: to the fifth anniversary of the effective Preliminary Determination and Background Suspension of Liquidation date of this continuation notice. These five-year sunset reviews and On July 28, 2016, the Department In accordance with section this notice are in accordance with published the notice of initiation of this 703(d)(1)(A)(i) of the Act, we calculated section 751(c) and 751(d)(2) of the Act investigation.1 For a complete a CVD rate for each individually- and published pursuant to section description of the events that followed investigated producer/exporter of the 777(i)(1) of the Act and 19 CFR the initiation of this investigation, see subject merchandise. We preliminarily 351.218(f)(4). the memorandum that is dated determine that countervailable subsidies concurrently with this determination are being provided with respect to the Administrative Protective Order manufacture, production, or exportation and hereby adopted by this notice.2 A This notice also serves as the only list of topics included in the of the subject merchandise. For a full reminder to parties subject to Preliminary Decision Memorandum is description of the programs which have administrative protective order (APO) of included as Appendix II to this notice. preliminarily determined to be their responsibility concerning the The Preliminary Decision Memorandum countervailable, as well as those not return/destruction or conversion to is a public document and is on file used during the POI, see the Preliminary judicial protective order of proprietary electronically via Enforcement and Decision Memorandum. In accordance information disclosed under APO in Compliance’s Antidumping and with sections 703(d) and 705(c)(5)(A) of accordance with 19 CFR351.305(a)(3). Countervailing Duty Centralized the Act, for companies not individually Failure to comply is a violation of the Electronic Service System (ACCESS). examined, we apply an ‘‘all-others’’ rate, APO which may be subject to sanctions. ACCESS is available to registered users which is normally calculated by weight- This five-year (sunset) review and at https://access.trade.gov, and to all averaging the individual company notice are in accordance with section parties in the Central Records Unit, subsidy rates of each of the companies 751(c) and published pursuant to 777(i) Room B8024 of the main Department of investigated. of the Act, and 19 CFR 351.218(f)(4). Commerce building. In addition, a Under section 705(c)(5)(A)(i) of the complete version of the Preliminary Act, the all-others rate should exclude Dated: November 23, 2016. Decision Memorandum can be found at zero and de minimis rates or any rates Paul Piquado, based entirely on facts otherwise Assistant Secretary for Enforcement and http://enforcement.trade.gov/frn/. The signed Preliminary Decision available pursuant to section 776 of the Compliance. Act. Neither of the mandatory [FR Doc. 2016–28702 Filed 11–28–16; 8:45 am] Memorandum and the electronic version of the Preliminary Decision respondents’ rates in this preliminary BILLING CODE 3510–DS–P Memorandum are identical in content. determination were zero or de minimis or based entirely on facts otherwise Scope of the Investigation available. Notwithstanding the language DEPARTMENT OF COMMERCE of section 705(c)(5)(A)(i) of the Act, we The product covered by this have not calculated the ‘‘all-others’’ rate International Trade Administration investigation is steel flanges from India. by weight-averaging the rates of the two [C–533–872] For a complete description of the scope individually investigated respondents, of the investigation, see Appendix I. because doing so risks disclosure of Finished Carbon Steel Flanges From proprietary information. Instead, we Scope Comments India: Preliminary Affirmative have calculated the all-others rate using Countervailing Duty Determination We received no comments from a simple average of the final rates for the interested parties regarding the scope of two mandatory company respondents.4 AGENCY: Enforcement and Compliance, International Trade Administration, the investigation as it appeared in the Department of Commerce. Initiation Notice. 3 See sections 771(5)(B) and (D) of the Act asabaliauskas on DSK3SPTVN1PROD with NOTICES regarding financial contribution; section 771(5)(E) SUMMARY: The Department of Commerce of the Act regarding benefit; and section 771(5A) of 1 See Finished Carbon Steel Flanges From India: the Act regarding specificity. (the Department) preliminarily Initiation of Countervailing Duty Investigation, 81 4 See Preliminary Decision Memorandum at determines that countervailable FR 49625 (July 28, 2016) (Initiation Notice). ‘‘CALCULATION OF THE ALL–OTHERS RATE’’ subsidies are being provided to 2 See Memorandum to Paul Piquado, ‘‘Decision (for further explanation of the business propretiary producers and exporters of finished Memorandum for the Preliminary Affirmative information concerns); see also Memorandum to the Determination: Countervailing Duty Investigation of File, ‘‘Countervailing Duty Investigation of Finished carbon steel flanges (steel flanges) from Finished Carbon Steel Flanges from India,’’ dated Carbon Steel Flanges: Preliminary Determination India. The period of investigation (POI) November 21, 2016 (Preliminary Decision Margin Calculation for All-Others,’’ dated is April 1, 2015, through March 31, Memorandum). concurrently with this memorandum. 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Document Created: 2016-11-29 00:33:12
Document Modified: 2016-11-29 00:33:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective November 29, 2016.
ContactChien-Min Yang or Jacqueline Arrowsmith, 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- 5484 or (202) 482-5255, respectively.
FR Citation81 FR 85927 
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