82 FR 18111 - Chlorinated Isocyanurates From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Results
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 72 (April 17, 2017)
International Trade Administration
Federal Register Volume 82, Issue 72 (April 17, 2017)
| Page Range | 18111-18112 | |
| FR Document | 2017-07679 |
[Federal Register Volume 82, Number 72 (Monday, April 17, 2017)] [Notices] [Pages 18111-18112] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07679] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-898] Chlorinated Isocyanurates From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results and Notice of Amended Final Results AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Court of International Trade (CIT or Court) sustained the final remand results pertaining to the administrative review of the antidumping duty order on chlorinated isocyanurates (chloro isos) from the People's Republic of China (PRC) covering the period of June 1, 2011, through May 31, 2012. The Department of Commerce (the Department) is notifying the public that the final judgment in this case is not in harmony with the final results of the administrative review and that the Department is amending the final results with respect to the dumping margins assigned to Juangcheng Kangtai Chemical Co., Ltd. (Kangtai), Hebei Jiheng Chemical Co., Ltd. (Jiheng), and Arch Chemicals (China) Co., Ltd. (Arch). DATES: Effective January 29, 2017. FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar, 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) 482-3857. SUPPLEMENTARY INFORMATION: Background On January 30, 2014, the Department issued the Final Results.\1\ Three parties contested the Department's findings in the Final Results. All three plaintiffs (i.e., Kangtai, Jiheng, and Arch) are Chinese producers/exporters of chloro isos. Kangtai and Jiheng were mandatory respondents in the underlying administrative review; Arch was an unexamined respondent that demonstrated eligibility for separate rate status. --------------------------------------------------------------------------- \1\ See Chlorinated Isocyanurates from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012, 79 FR 4875 (January 30, 2014) (Final Results), and accompanying Issues and Decision Memorandum. --------------------------------------------------------------------------- In the Final Results, the Department assigned weighted-average dumping margins of 59.12 percent and 47.17 percent to Kangtai and Jiheng, respectively.\2\ As a separate rate company, Arch received the margin of 53.15 percent, which is the simple average of the margins calculated for individually examined respondents.\3\ --------------------------------------------------------------------------- \2\ See Final Results, 79 FR at 4876. \3\ Id. --------------------------------------------------------------------------- On August 21, 2015, the CIT remanded various aspects of the Final Results to the Department. In particular, the Court instructed the Department to do the following: (1) Determine whether or not the selling, general, and administrative expenses contain certain labor items and explain how the methodology used by the Department in the Final Results is supported by [[Page 18112]] substantial evidence on the record; (2) select the best surrogate value (SV) rate for chlorine; (3) select the best SV for ammonium chloride; (4) select the best source of SV data for electricity; (5) reexamine the record evidence regarding the SV for ammonium sulfate; (6) explain and support the Department's change in by-product methodology; and (7) consider all arguments from interested parties concerning the deduction of irrecoverable value added tax from U.S. price.\4\ --------------------------------------------------------------------------- \4\ See Juancheng Kangtai Chemical Co., Ltd., et al. v. United States, CIT Slip Op. 15-93, Consol. Ct. No. 14-00056 (August 21, 2015) (Kangtai I). --------------------------------------------------------------------------- Pursuant to Kangtai I, the Department issued its Final Redetermination, which addressed the Court's holdings and revised the weighted-average dumping margins for Kangtai and Jiheng to 48.72 percent and 27.99 percent, respectively, and the simple average dumping margin for Arch to 38.36 percent.\5\ On January 19, 2017, the CIT sustained the Department's Final Redetermination in full.\6\ Thus, the Court affirmed the following dumping margins as calculated by the Department in the Final Redetermination: 48.72 for Kangtai, 27.99 for Jiheng, and 38.36 for Arch. --------------------------------------------------------------------------- \5\ See Department Memorandum, ``Antidumping Duty Administrative Review of Chlorinated Isocyanurates from the People's Republic of China: Final Results of Redetermination Pursuant to Remand,'' April 15, 2016 (Final Redetermination) (available at http://enforcement.trade.gov/remands/15-93.pdf). \6\ See Juancheng Kangtai Chemical Co., Ltd., et al. v. United States, CIT Slip Op. 17-3, Consol. Ct. No. 14-00056 (January 19, 2017) (Kangtai II). --------------------------------------------------------------------------- Timken Notice In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\ the Court of Appeals for the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is not ``in harmony'' with a Department determination and must suspend liquidation of entries pending a ``conclusive'' court decision. The CIT's January 19, 2016, final judgment sustaining the Final Redetermination constitutes a final decision of the Court that is not in harmony with the Department's Final Results. This notice is published in fulfillment of the Timken publication requirements. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending a final and conclusive court decision. --------------------------------------------------------------------------- \7\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). \8\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). --------------------------------------------------------------------------- Amended Final Results Because there is now a final court decision, we are amending the Final Results with respect to the dumping margins calculated for Kangtai, Jiheng, and Arch. Based on the Final Redetermination, as affirmed by the CIT in Kangtai II, the revised dumping margins for Kangtai, Jiheng, and Arch from June 1, 2011, through May 31, 2012, are as follows: ------------------------------------------------------------------------ Margins Producer/exporter (percent) ------------------------------------------------------------------------ Juancheng Kangtai Chemical Co., Ltd......................... 48.72 Hebei Jiheng Chemical Co., Ltd.............................. 27.99 Arch Chemicals (China) Co., Ltd............................. 38.36 ------------------------------------------------------------------------ In the event that the CIT's rulings are not appealed or, if appealed, are upheld by a final and conclusive court decision, the Department will instruct Customs and Border Protection (CBP) to assess antidumping duties on unliquidated entries of subject merchandise based on the revised dumping margins listed above. Cash Deposit Requirements Since the Final Results, the Department has established a new cash deposit rate for Kangtai and Jiheng.\9\ Therefore, this amended final determination does not change the later-established cash deposit rates for Kangtai and Jiheng. Arch does not have a superseding cash deposit rate and, therefore, the Department will issue revised cash deposit instructions to CBP, adjusting the cash deposit rate for Arch to 38.36 percent, effective January 29, 2017. --------------------------------------------------------------------------- \9\ See, e.g., Chlorinated Isocyanurates from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014-2015, 82 FR 4852, 4852 (January 17, 2017). --------------------------------------------------------------------------- Notification to Interested Parties This notice is issued and published in accordance with section 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. Dated: April 11, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017-07679 Filed 4-14-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices 18111
allow for possible questions from the ‘‘BUSINESS CONFIDENTIAL’’ on the remand results pertaining to the
panel. top of that page. Filers of submissions administrative review of the
containing business confidential antidumping duty order on chlorinated
C. Requirements for Submissions
information must also submit a public isocyanurates (chloro isos) from the
Persons submitting a notification of version of their comments. The file People’s Republic of China (PRC)
intent to testify or written comments name of the public version should begin covering the period of June 1, 2011,
must do so in English and must identify with the character ‘‘P’’. The ‘‘BC’’ and through May 31, 2012. The Department
(on the reference line of the first page of ‘‘P’’ should be followed by the name of of Commerce (the Department) is
the submission) ‘‘Comments Regarding the person or entity submitting the notifying the public that the final
Causes of Significant Trade Deficits for comments or reply comments. Filers judgment in this case is not in harmony
2016.’’ In addition, if the submission submitting comments containing no with the final results of the
covers the causes of significant trade business confidential information administrative review and that the
deficits in more than one country, should name their file using the name Department is amending the final
commenters should, whenever possible, of the person or entity submitting the results with respect to the dumping
provide a separate submission for each comments. margins assigned to Juangcheng Kangtai
country. If identifying specific sectors, Please do not attach separate cover Chemical Co., Ltd. (Kangtai), Hebei
commenters should identify the relevant letters to electronic submissions; rather, Jiheng Chemical Co., Ltd. (Jiheng), and
Harmonized System (HS) category(ies) include any information that might Arch Chemicals (China) Co., Ltd. (Arch).
for that sector. To ensure the timely appear in a cover letter in the comments DATES: Effective January 29, 2017.
receipt and consideration of comments, themselves. Similarly, to the extent
Commerce and USTR strongly FOR FURTHER INFORMATION CONTACT:
possible please include any exhibits, Kaitlin Wojnar, AD/CVD Operations,
encourage commenters to make on-line annexes, or other attachments in the
submissions, using the http:// Office VII, Enforcement and
same file as part of the submission itself Compliance, International Trade
www.regulations.gov Web site. rather than in separate files.
All submissions must be in English Administration, U.S. Department of
As noted, Commerce and USTR Commerce, 1401 Constitution Avenue
and must be submitted electronically
strongly urge submitters to file NW., Washington, DC 20230; telephone:
via www.regulations.gov, using docket
comments through www.regulations.gov (202) 482–3857.
number DOC–2017–0003. Hand-
if at all possible. Any alternative
delivered submissions will not be SUPPLEMENTARY INFORMATION:
arrangements must be made with
accepted.
To submit comments via Patrick Kirwan in advance of Background
www.regulations.gov enter docket transmitting a comment. Patrick Kirwan On January 30, 2014, the Department
number DOC 2017–0003 on the home can be reached at (202) 482–5455 or issued the Final Results.1 Three parties
page and click ‘‘search.’’ The site will patrick.kirwan@trade.gov. General contested the Department’s findings in
provide a search-results page listing all information concerning Commerce is the Final Results. All three plaintiffs
documents associated with this docket. available at www.commerce.gov and (i.e., Kangtai, Jiheng, and Arch) are
Find a reference to this notice and click USTR at www.ustr.gov. Chinese producers/exporters of chloro
on the link entitled ‘‘Comment Now!’’ Comments will be placed in the isos. Kangtai and Jiheng were
(For further information on using the docket and open to public inspection, mandatory respondents in the
www.regulations.gov Web site, please except confidential business underlying administrative review; Arch
consult the resources provided on the information. Comments may be viewed was an unexamined respondent that
Web site by clicking on ‘‘How to Use on the www.regulations.gov Web site by demonstrated eligibility for separate rate
This Site’’ on the left side of the home entering the relevant docket number in status.
page). the search field on the home page. In the Final Results, the Department
The www.regulations.gov Web site Dated: April 13, 2017. assigned weighted-average dumping
allows users to provide comments by Patrick Kirwan, margins of 59.12 percent and 47.17
filling in a ‘‘Type Comment’’ field, or by Director, Trade Promotion Coordinating percent to Kangtai and Jiheng,
attaching a document using an ‘‘Upload Committee Secretariat, U.S. Department of respectively.2 As a separate rate
File’’ field. Commerce and USTR prefer Commerce. company, Arch received the margin of
that comments be provided in an [FR Doc. 2017–07827 Filed 4–14–17; 8:45 am] 53.15 percent, which is the simple
attached document. If a document is BILLING CODE 3510–25–P average of the margins calculated for
attached, please identify the name of the individually examined respondents.3
country to which the submission On August 21, 2015, the CIT
pertains in the ‘‘Type Comment’’ field. DEPARTMENT OF COMMERCE remanded various aspects of the Final
For example: ‘‘See attached comments Results to the Department. In particular,
with respect to (name of country)’’. International Trade Administration the Court instructed the Department to
Commerce and USTR prefer [A–570–898] do the following: (1) Determine whether
submissions in Microsoft Word (.doc) or or not the selling, general, and
Adobe Acrobat (.pdf). If the submission Chlorinated Isocyanurates From the administrative expenses contain certain
is in an application other than those People’s Republic of China: Notice of labor items and explain how the
two, please indicate the name of the Court Decision Not in Harmony With methodology used by the Department in
application in the ‘‘Type Comment’’ the Final Results is supported by
mstockstill on DSK30JT082PROD with NOTICES
Final Results and Notice of Amended
field. For any comments submitted Final Results
electronically containing business 1 See Chlorinated Isocyanurates from the People’s
confidential information, the file name AGENCY: Enforcement and Compliance, Republic of China: Final Results of Antidumping
International Trade Administration, Duty Administrative Review; 2011–2012, 79 FR
of the business confidential version 4875 (January 30, 2014) (Final Results), and
should begin with the characters ‘‘BC’’. Department of Commerce. accompanying Issues and Decision Memorandum.
Any page containing business SUMMARY: The Court of International 2 See Final Results, 79 FR at 4876.
confidential must be clearly marked Trade (CIT or Court) sustained the final 3 Id.
VerDate Sep<11>2014 17:14 Apr 14, 2017 Jkt 241001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1](https://thefederalregister.org/doc/82_FR_18183/page/1.svg)
![18112 Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices
substantial evidence on the record; (2) of the subject merchandise pending a DEPARTMENT OF COMMERCE
select the best surrogate value (SV) rate final and conclusive court decision.
for chlorine; (3) select the best SV for International Trade Administration
ammonium chloride; (4) select the best Amended Final Results
source of SV data for electricity; (5) Because there is now a final court [C–533–844]
reexamine the record evidence decision, we are amending the Final
regarding the SV for ammonium sulfate; Certain Lined Paper Products From
Results with respect to the dumping
(6) explain and support the India: Final Results of Countervailing
margins calculated for Kangtai, Jiheng,
Department’s change in by-product Duty Administrative Review; 2014
and Arch. Based on the Final
methodology; and (7) consider all
Redetermination, as affirmed by the CIT AGENCY: Enforcement and Compliance,
arguments from interested parties
concerning the deduction of in Kangtai II, the revised dumping International Trade Administration,
irrecoverable value added tax from U.S. margins for Kangtai, Jiheng, and Arch Department of Commerce.
price.4 from June 1, 2011, through May 31, SUMMARY: The Department of Commerce
Pursuant to Kangtai I, the Department 2012, are as follows: (Department) has completed its
issued its Final Redetermination, which administrative review of the
Margins countervailing duty (CVD) order on
addressed the Court’s holdings and Producer/exporter (percent)
revised the weighted-average dumping certain lined paper products from India
margins for Kangtai and Jiheng to 48.72 Juancheng Kangtai Chemical for the period January 1, 2014 through
percent and 27.99 percent, respectively, Co., Ltd ................................... 48.72 December 31, 2014. This review covers
and the simple average dumping margin Hebei Jiheng Chemical Co., Ltd 27.99 Goldenpalm Manufacturers PVT
for Arch to 38.36 percent.5 On January Arch Chemicals (China) Co., Ltd 38.36 Limited (Goldenpalm). Based on an
19, 2017, the CIT sustained the analysis of the comments received, the
Department’s Final Redetermination in Department has made changes to the
In the event that the CIT’s rulings are
full.6 Thus, the Court affirmed the subsidy rate determined for
not appealed or, if appealed, are upheld
following dumping margins as Goldenpalm. The final subsidy rate is
by a final and conclusive court decision, listed below in the section entitled,
calculated by the Department in the the Department will instruct Customs
Final Redetermination: 48.72 for ‘‘Final Results of Administrative
and Border Protection (CBP) to assess Review.’’
Kangtai, 27.99 for Jiheng, and 38.36 for
antidumping duties on unliquidated
Arch. DATES: Effective April 17, 2017.
entries of subject merchandise based on
Timken Notice the revised dumping margins listed FOR FURTHER INFORMATION CONTACT: John
In its decision in Timken,7 as clarified above. Conniff, AD/CVD Operations, Office III,
by Diamond Sawblades,8 the Court of Cash Deposit Requirements Enforcement and Compliance,
Appeals for the Federal Circuit held International Trade Administration,
that, pursuant to section 516A(e) of the Since the Final Results, the U.S. Department of Commerce, 1401
Tariff Act of 1930, as amended (the Act), Department has established a new cash Constitution Avenue NW., Washington,
the Department must publish a notice of deposit rate for Kangtai and Jiheng.9 DC 20230; telephone (202) 482–1009.
a court decision that is not ‘‘in Therefore, this amended final Background
harmony’’ with a Department determination does not change the later-
determination and must suspend established cash deposit rates for On October 11, 2016, the Department
liquidation of entries pending a Kangtai and Jiheng. Arch does not have published the Preliminary Results of
‘‘conclusive’’ court decision. The CIT’s a superseding cash deposit rate and, this administrative review.1 On
January 19, 2016, final judgment therefore, the Department will issue February 14, 2017, the Department
sustaining the Final Redetermination revised cash deposit instructions to issued its Post-Preliminary Analysis
constitutes a final decision of the Court CBP, adjusting the cash deposit rate for Memorandum.2 Based on the comments
that is not in harmony with the received from Petitioner 3 and
Arch to 38.36 percent, effective January
Department’s Final Results. This notice Goldenpalm, in these final results, we
29, 2017.
is published in fulfillment of the made changes to our methodology for
Timken publication requirements. Notification to Interested Parties the Export Promotion Capital Goods
Accordingly, the Department will Scheme (EPCGS) program and corrected
continue the suspension of liquidation This notice is issued and published in a ministerial error made in the context
accordance with section 516A(e)(1), of our analysis of this program.4
4 See Juancheng Kangtai Chemical Co., Ltd., et al. 751(a)(1), and 777(i)(1) of the Act.
v. United States, CIT Slip Op. 15–93, Consol. Ct. Dated: April 11, 2017. 1 See Certain Lined Paper Products from India:
No. 14–00056 (August 21, 2015) (Kangtai I). Preliminary Results of Countervailing Duty
5 See Department Memorandum, ‘‘Antidumping Ronald K. Lorentzen, Administrative Review; Calendar Year 2014, 81 FR
Duty Administrative Review of Chlorinated Acting Assistant Secretary for Enforcement 70091 (October 11, 2016), and accompanying
Isocyanurates from the People’s Republic of China: and Compliance. Preliminary Decision Memorandum (collectively,
Final Results of Redetermination Pursuant to Preliminary Results).
Remand,’’ April 15, 2016 (Final Redetermination) [FR Doc. 2017–07679 Filed 4–14–17; 8:45 am] 2 See Memorandum to Gary Taverman, Associate
(available at http://enforcement.trade.gov/remands/ BILLING CODE 3510–DS–P Deputy Assistant Secretary for Antidumping and
mstockstill on DSK30JT082PROD with NOTICES
15-93.pdf). Countervailing Duty Operations from Erin Begnal,
6 See Juancheng Kangtai Chemical Co., Ltd., et al. Director, Office III, Antidumping and
v. United States, CIT Slip Op. 17–3, Consol. Ct. No. Countervailing Duty Operations, ‘‘Post-Preliminary
14–00056 (January 19, 2017) (Kangtai II). Issues and Decision Memorandum,’’ dated February
7 See Timken Co. v. United States, 893 F.2d 337, 14, 2017 (Post-Preliminary Analysis Memorandum).
9 See, e.g., Chlorinated Isocyanurates from the
341 (Fed. Cir. 1990) (Timken). 3 Petitioner is the Association of American School
8 See Diamond Sawblades Mfrs. Coalition v. People’s Republic of China: Final Results of Paper Suppliers.
United States, 626 F.3d 1374 (Fed. Cir. 2010) Antidumping Duty Administrative Review; 2014– 4 For a discussion of these issues, see the Issues
(Diamond Sawblades). 2015, 82 FR 4852, 4852 (January 17, 2017). and Decision Memorandum at Comment 5.
VerDate Sep<11>2014 17:14 Apr 14, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\17APN1.SGM 17APN1](https://thefederalregister.org/doc/82_FR_18183/page/2.svg)
Document Created: 2018-08-25 11:26:58
Document Modified: 2018-08-25 11:26:58
| 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 January 29, 2017. | |
| Contact | Kaitlin Wojnar, 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) 482-3857. | |
| FR Citation | 82 FR 18111 |
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